UCreds, also known as Universiti Teknikal Malaysia Melaka (UTeM), offers its services through its website, located at https://ucreds.utem.edu.my , and related services collectively referred to as the "Services". By using the Services, you are agreeing to be bound by the following Terms of Service, including Section 10 (Binding Arbitration; Class Action Waiver), which impacts your rights in the event of a dispute between you and UCreds. Please read these Terms of Service carefully before using the Services.

1.2 Modifications to Terms of Service:

We retain the right to modify or change parts of these Terms of Service at any time, at our discretion. In such an event, we may post the changes on this page and specify the date on which the changes were last revised, or we may notify you through email, the Services' user interface, or any other reasonable means, depending on the nature of the modification and as required by law. These changes will be effective no sooner than fourteen (14) days after they are posted, except for modifications made for legal reasons or to accommodate new features of the Services, which will be effective immediately. By continuing to use the Services after the effective date of any changes, you indicate your acceptance of the revised Terms of Service. Additionally, when using certain Services, you may be subject to specific additional terms and conditions that may be published on the Service from time to time.

1.3 Privacy:

UCreds values the privacy of its users and is committed to protecting their personal information. Our Privacy Policy provides detailed information on how we collect, use, and protect personal data. By using our Services, you acknowledge and agree to our collection and use of your personal information in accordance with our Privacy Policy.

2. Access and Use of the Service

2.1 Use Description:

The UCreds service and any content available on it are intended solely for your personal and non-commercial use. When you purchase UCreds, you are granted a limited, non-exclusive, non-transferable license to access the content and stream your course(s) through the service for personal use only. You are not granted any other rights, title, or interest in the content. You must not use the service for public performances. UCreds has the right to revoke your license at any time in its sole discretion. If your license is revoked, you must delete all downloaded or obtained content and any copies, whether made in accordance with these Terms of Service or otherwise, immediately.

2.2 Your Registration Obligations:

To access certain features of the Service, you may need to register with UCreds. By registering, you agree to provide accurate, current, and complete information about yourself as requested in the registration form, and to keep this information updated. Our Privacy Policy governs the use of your registration data and other information about you. If you are under the age of 13, you are not allowed to use the Service, whether or not you register. If you are between the ages of 13 and 18, you may use the Service only with the permission of your parent or legal guardian, whether or not you register.

2.3 Member Account, Password and Security:

You are prohibited from using someone else's account, and you are not allowed to share your account's login details with others. It is your responsibility to maintain control over all devices that access the Service. Failure to do so may allow other users to access your account and its information. You are fully accountable for all activities that occur under your account, and it is your duty to keep your password confidential and secure. If there is an unauthorized use of your password or account, or any other security breach, you should immediately notify UCreds and log out of your account after each session. UCreds is not responsible for any loss or damage resulting from your failure to comply with this section.

2.4 Modifications to Service:

UCreds has the right to make changes or stop the Service, either temporarily or permanently, with or without prior notice. By using the Service, you agree that UCreds will not be held responsible to you or any third party for any modification, suspension, or discontinuance of the Service. UCreds is not obligated to keep any of Your Account or Submitted Content beyond what may be required by law.

2.5 General Practices Regarding Use and Storage:

You recognize and accept that UCreds has the authority to establish guidelines and restrictions on the use of the Service, which may include restrictions on the length of time data or content will be stored on UCreds's servers and the amount of storage space allocated to you. You also acknowledge that UCreds is not responsible for any data or content that is deleted or not stored properly by the Service. Additionally, you understand that UCreds may terminate accounts that have been inactive for a long time, and that UCreds may alter these guidelines and limitations at any time, without prior notice and at its sole discretion.

2.6 Mobile Services:

The Service may offer Mobile Services, which allow you to access and use the Service through a mobile device, including uploading content, browsing, and accessing certain features through a mobile application. However, please note that your wireless service carrier may apply standard charges, data rates, and fees when accessing the Service through a mobile device. Also, not all Mobile Services may be compatible with all carriers or devices, and some may be prohibited or restricted by your carrier.

When using Mobile Services, you may be required to provide your telephone number. By doing so, you agree to receive calls and/or text messages, including SMS or MMS, at that number. UCreds may share your phone number with its affiliates or service providers for the purpose of pursuing UCreds’ rights or providing its services to you. These parties may contact you using autodialed or prerecorded calls and text messages authorized by UCreds, but not for their own purposes. If you change or deactivate your mobile phone number, it is your responsibility to promptly update your UCreds account information to ensure that your messages are not sent to the wrong person.

2.7 Money Back Guarantee:

UCreds offers a 30-day money-back guarantee for its Service, unless otherwise stated during the purchase process, required by law in your jurisdiction, or specified in the refund policy of a third-party marketplace through which you made the purchase. If you are dissatisfied with the Service within 30 days of purchase, UCreds will provide a full refund and terminate your access. However, refunds are not available for purchases made more than 30 days ago or for accounts that have violated the terms of service, as determined at UCreds's discretion. UCreds reserves the right to suspend or terminate accounts and refuse or restrict current or future use of the Service for anyone abusing the refund policy. To request a refund or for more information about the money-back guarantee, contact Support at pstp.helpdesk@utem.edu.my .

3. Conditions of Use

3.1 User Conduct:

You are responsible for any content you upload, post, publish, display, email, or use via the Service, including code, video, images, information, data, text, software, music, sound, photographs, graphics, messages, or other materials. UCreds has the right to investigate and take legal action against anyone who violates this provision, including removing the content from the Service, suspending or terminating the violator's account, and reporting them to law enforcement authorities. You agree not to use the Service to:

You agree that you are solely responsible for any content that you upload, post, publish, or display through the Service, including but not limited to code, video, images, information, data, text, software, music, sound, photographs, graphics, messages, or any other materials. You acknowledge that UCreds reserves the right to take legal action against any user who, in UCreds' sole discretion, violates this provision. This may include removing offending content from the Service, suspending or terminating the account of such violators, and reporting them to law enforcement authorities;

You agree not to use the Service to upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have the right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, "junk mail," "spam," "chain letters," "pyramid schemes," "contests," "sweepstakes," or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of UCreds, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose UCreds or its users to any harm or liability of any type.

you should not interfere with or disrupt the proper functioning of the Service or any servers or networks connected to it. This includes not engaging in any activity that could harm or disable the Service or other users' ability to use the Service. Additionally, you should comply with all requirements, procedures, policies or regulations of networks connected to the Service;

agree not to breach any laws or regulations, whether local, state, national, or international, that apply to your use of the Service.;

Pretend to be someone else or falsely claim to be associated with a person or organization or Request personal information from individuals who are under the age of 18;

unsolicited emails or other communications, you must not use the Service to gather or obtain email addresses or other contact information of other users through electronic or other means;

selling or buying any goods or services for any unauthorized business purpose is prohibited.

encourage, promote, or facilitate any illegal activities or enterprises, or provide instructions or information on how to engage in such activities. or

obtain any materials or information from the Service through any unauthorized means or ways that are not intentionally made available or provided for.

3.2 Fees:

If you choose to access any part of the Service that requires payment, you must choose a payment plan and provide UCreds with accurate information about your payment instrument, such as your credit card details. You warrant that the information you provide is true and that you are authorized to use the payment instrument. You must update your account information promptly if any changes occur, such as a change in billing address or credit card expiry date. You agree to pay UCreds the amount specified in the payment plan, plus any applicable taxes, in accordance with the terms of the plan and this Terms of Service. By authorizing UCreds to bill your payment instrument, you agree to pay any charges incurred in accordance with the terms of the applicable payment plan, as well as any applicable taxes, until you terminate your account. If you have any objections to any charges, you must notify UCreds within 60 days of the date you were charged. UCreds reserves the right to change its prices, and your continued use of the Service after a price change becomes effective means that you agree to pay the changed amount. You are responsible for all taxes associated with the Services based on UCreds's net income.

3.3 Recurring Subscriptions:

If you choose a Service that has an auto renewal feature (known as a "Recurring Subscription"), you are giving UCreds permission to keep your account information on file and charge your account automatically when it comes time to renew the Service you selected, without any further action required from you. If UCreds is unable to charge your account as authorized by you during the initial enrollment in a Recurring Subscription, UCreds may, at its sole discretion: (i) bill you for the Service and suspend your access to it until payment is received, and/or (ii) attempt to update your account information through third-party sources such as your bank or a payment processor to continue charging your account as authorized by you.

UCreds reserves the right to modify the price for Recurring Subscriptions and will notify you of any changes in advance, along with instructions on how to accept them. These changes will take effect at the beginning of the next subscription period following the date of the price change. By continuing to use your Recurring Subscription after the price change becomes effective, you accept the new price, as permitted by local law. However, if you do not agree with the price changes, you have the right to reject them by canceling your Recurring Subscription prior to the effective date of the price change. We encourage you to carefully review any notification of price changes.

Payments made for subscriptions are nonrefundable, and we do not offer refunds or credits for partially used periods. You are free to cancel a Recurring Subscription at any time, but we will not refund any subscription fees already paid to us if you cancel before the end of the current subscription period. However, you will still have access to the service until the end of your current subscription period. We may provide refunds, discounts, or other forms of consideration to some or all of our users ("credits") at any time and for any reason, at our sole and absolute discretion. The amount and type of credits, as well as the decision to provide them, are up to us. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future under any circumstances.

When you buy a Service through a mobile purchase or a third-party marketplace such as the Apple App Store or Google Play Store, the refund policy of that third-party marketplace will apply unless otherwise explicitly mentioned by UCreds. It will be solely the responsibility of the third-party marketplace to make refunds under its refund policy, and UCreds will not have any refund obligations unless explicitly stated otherwise. UCreds is not responsible for or liable for any issues related to the third-party marketplace's refund policy or their compliance or noncompliance with it.

To cancel your subscription, the process varies depending on how you subscribed. If you subscribed through iTunes on your Apple mobile device, you can cancel by accessing your Account Settings in the App Store. On the other hand, if you subscribed on our website, you can cancel by contacting Support at helpdesk@pstp.utem.edu.my or by accessing the Settings in your account and selecting Cancel under the Subscription box, then following the onscreen instructions to complete the cancellation.

If you subscribed via the Google Play Store on your Android mobile device, you can cancel by opening the Google Play Store, selecting Menu Subscription, and then choosing the subscription you want to cancel or update. Follow the onscreen instructions to complete the cancellation. It's important to note that different refund policies may apply depending on the platform you used to purchase the subscription.

3.4 Special Notice for International Use; Export Controls:

The Software (as defined in the agreement) that is provided with the Service and any data transmitted through it may be subject to export controls under the laws of Malaysia. You are prohibited from downloading any Software from the Service or exporting or re-exporting it in violation of Malaysia's export laws. Your use of the Software is entirely at your own risk. As the Internet is a global network, you agree to comply with all local laws and regulations that apply to your use of the Service, including those related to online behavior and acceptable content.

3.5 Commercial Use:

You are not permitted to use, distribute, license, sell, reproduce, create derivative works from, modify, or exploit any part of the Service for commercial purposes, unless expressly authorized by UCreds in writing or as specified herein. The Service is intended solely for your personal and non-commercial use, for the purpose of entertainment.

4. Intellectual Property Rights

4.1 Service Content, Software and Trademarks:

You acknowledge that the Service may contain content or features (referred to as "Service Content") that are protected by various intellectual property laws such as copyright, patent, trademark, trade secret, etc. and agree not to modify, copy, distribute, create derivative works from, or sell any portion of the Service or the Service Content, except for your own legally uploaded User Content. Additionally, you agree not to engage in data mining, robots, or similar methods of data gathering in connection with your use of the Service. If UCreds blocks your access to the Service, you agree not to attempt to circumvent such blocking. The Service's technology and software (the "Software") is the property of UCreds, our affiliates, and partners, and you agree not to copy, modify, or reverse engineer the Software. The UCreds name and logos are trademarks and service marks of UCreds (collectively the "UCreds Trademarks"), and you agree not to use them without prior written permission from UCreds. Other trademarks or service marks displayed on the Service are owned by their respective owners who may or may not endorse or be affiliated with UCreds, and you agree not to use them without permission from their owners.

4.2 Third Party Material:

UCreds will not be held liable in any way for any content or materials provided by third parties, including users of the Service. This includes any errors or omissions in the content and any loss or damage incurred as a result of using such content. You understand that UCreds does not pre-screen content, but it and its designees have the right to refuse or remove any content at their sole discretion, without obligation. This includes any content that violates these Terms of Service or is deemed objectionable by UCreds. You agree that you are solely responsible for evaluating the content and assume all associated risks, including reliance on the accuracy, completeness, or usefulness of the content.

4.3 User Content Transmitted Through the Service:

Regarding the content or materials you upload or share through the Service (collectively referred to as "User Content"), you declare and guarantee that you have all the rights, including copyrights and rights of publicity, necessary to post or transmit such content or materials without infringing on any third-party rights. By uploading User Content, you grant UCreds and its affiliates, partners, and instructors a non-exclusive, transferable, sublicensable, perpetual, irrevocable, worldwide, royalty-free, fully paid-up license to use, copy, display, upload, adapt, perform, publish, distribute, store, modify, and exploit your User Content in any media or distribution method, commercial or otherwise. You also acknowledge that any feedback, comments, ideas, suggestions, or other information that you provide to UCreds or its affiliates and partners ("Submissions") are not confidential, and UCreds and its affiliates and partners may use and disclose them without compensation or acknowledgement to you for any purpose, commercial or otherwise. You understand and agree that UCreds may preserve and disclose your User Content if required by law or in good faith belief that such preservation or disclosure is necessary to comply with legal obligations, enforce these Terms of Service, respond to claims of third-party rights infringement, or protect the rights, property, or safety of UCreds, its users, or the public. You acknowledge that technical processing and transmission of the Service, including your content, may involve transmissions over various networks and changes to conform and adapt to technical requirements.

4.4 Health and Medical Disclaimer:

UCreds is not in the business of providing medical advice. The information about health, wellness, and physical exercise that UCreds provides through its Service is only meant to be general in nature. You understand and acknowledge that the Service is not intended to be a substitute for professional medical treatment. Before attempting any new or strenuous physical exercises or wellness practices, you agree to consult with a qualified healthcare professional and to follow their advice. You also acknowledge and accept the inherent risks and dangers associated with participating in such activities. By using the Service, you agree that UCreds will not be held responsible for any injury, loss, or damages that may result from your use of the health, wellness, and/or physical exercise content provided through the Service.

4.5 Copyright Complaints:

UCreds respects the intellectual property of others. If you believe in good faith that any materials on the Sites infringe upon your copyrights, please send the following information to UCreds’s Copyright Designated Agent at  uic@utem.edu.my :

Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;

Your address, telephone number, and email address;

A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the information in your notification is accurate, and that you are the copyright owner or are authorized to act on the copyright owner’s behalf;

A physical or electronic signature of the copyright owner or the person authorized to act on behalf of the owner of the copyright interest.

You may also contact our Copyright Designated Agent by mail with a complete set of the above information at:

4.6 Counter-Notice:

If you believe that your User Content has been wrongly removed or disabled due to alleged copyright infringement and you have the legal authorization or right to use such content, you can send a counter-notice to the Copyright Agent. The counter-notice should include your physical or electronic signature, identification of the removed content and its previous location, a statement that you believe the content was removed or disabled by mistake or misidentification, and your contact information, including your name, address, phone number, and email address. You must also include a statement that you consent to the jurisdiction of the federal court located in Malaysia and agree to accept service of process from the person who originally reported the infringement. Once UCreds receives a counter-notice, we will provide a copy to the original complainant and allow them 10 business days to either replace the content or lift the disabling order. If the complainant does not file an action in court against you, your User Content may be restored or access to it may be provided within 10 to 14 business days or at our sole discretion.

4.7 Repeat Infringer Policy:

UCreds adheres to the regulations of the MCMC and other relevant laws by implementing a policy that allows for the termination of users who are determined to be repeat infringers, at the sole discretion of UCreds. UCreds may also, at its sole discretion, restrict access to the Service and/or terminate the membership of any user who violates the intellectual property rights of others, regardless of whether it constitutes repeat infringement.

5. Third Party Websites

The Service may contain links or other means of accessing other websites and resources on the internet, which may be provided by UCreds or third parties. However, UCreds has no control over these sites and resources and does not endorse them. You acknowledge and agree that UCreds will not be held responsible or liable for any damage or loss, directly or indirectly, caused or alleged to be caused by or in connection with the use of or reliance on any content, events, goods, or services available through any such site or resource. Any interactions or transactions you have with third parties while using the Service are solely between you and the third party, and you understand that UCreds is not responsible for any losses or claims that you may have against such third parties.

6. Social Networking Services

You have the option to connect to the Service through various third-party online services, such as social media and social networking platforms like Facebook or Twitter (collectively referred to as "Social Networking Services"). By linking your accounts with these Social Networking Services, we aim to enhance your online experience and customize it to your liking. To utilize this feature, we may request that you register, authenticate, or log in to the Social Networking Services through their respective websites. During this integration process, the Social Networking Services will grant us access to certain information you have previously shared with them. We will handle, store, and disclose this information in accordance with our Privacy Policy. If you'd like more details about the consequences of linking Social Networking Services to UCreds (including access to your friend lists), please refer to our Privacy Policy.

Please note that the policies governing the use, storage, and disclosure of your information by Social Networking Services are solely the responsibility of those third parties, and UCreds assumes no liability or responsibility for the privacy practices or other actions of any third-party sites or services that may be enabled within the Service.

Furthermore, UCreds cannot guarantee the accuracy, availability, or reliability of any information, content, goods, data, opinions, advice, or statements made available through Social Networking Services. Therefore, UCreds will not be held liable for any damage or loss resulting from the use of or reliance on any such Social Networking Services.

Please note that UCreds provides these features as a convenience, and their integration or inclusion does not imply endorsement or recommendation.

7. Indemnity and Release

You agree to release, indemnify, and hold harmless UCreds, its affiliates, and their officers, employees, directors, and agents to the fullest extent permitted by law. This includes any and all losses, damages, expenses (including reasonable attorneys' fees), rights, claims, actions of any kind, and injuries (including death) that may arise from your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service, or your violation of the rights of another.

8. Disclaimer of Warranties

When using the Service, you assume all risks associated with it. The Service is provided on an "as is" and "as available" basis. Except as explicitly stated herein, UCreds disclaims all warranties, whether express, implied or statutory, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. UCreds does not guarantee that (i) the Service will meet your requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results obtained from the use of the Service will be accurate or reliable, or (iv) any products, services, information, or other material obtained through the Service will meet your expectations in terms of quality.

9. Limitation of Liability

You acknowledge and agree that UCreds will not be held liable for any indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, even if UCreds has been advised of the possibility of such damages. This applies whether the damages are based on contract, tort, negligence, strict liability, or any other legal theory. You agree that UCreds will not be held liable for any of the following: (i) your use or inability to use the Service; (ii) the cost of procurement of substitute goods or services resulting from any goods, data, information, or services purchased or obtained, or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Service; or (v) any other matter relating to the Service. In no event shall UCreds's total liability to you for all damages, losses, or causes of action exceed the amount you have paid UCreds in the last six (6) months, or, if greater, one hundred ringgit ($100).

Some jurisdictions may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Therefore, some of the above limitations may not apply to you. If you are dissatisfied with any portion of the Service or with these Terms of Service, your sole and exclusive remedy is to discontinue use of the Service.

11. Termination

UCreds reserves the right to suspend or terminate your account or access to the Service, or any part thereof, at its sole discretion and for any reason. This may include termination due to lack of use, or if UCreds believes that you have violated or acted inconsistently with these Terms of Service. If UCreds suspects any fraudulent, abusive, or illegal activity, it may refer the matter to law enforcement authorities. UCreds may also discontinue providing the Service, or any part thereof, with or without notice. You acknowledge that any termination of your access to the Service may be effected without prior notice and that UCreds may immediately deactivate or delete your account and any related information or files without liability to you or any third party. If you are dissatisfied with any aspect of the Service or these Terms of Service, your only recourse is to discontinue use of the Service.

12. Disputes Between Users

By using the Service, you agree that you are solely responsible for any interactions you have with other users, and UCreds will not be liable or responsible for any such interactions. UCreds may, but is not obligated to, intervene in any disputes between you and other users of the Service.

13. General

These Terms of Service represent the entire agreement between you and UCreds and govern your use of the Service, superseding any prior agreements between you and UCreds related to the Service. Additionally, you may be subject to additional terms and conditions that apply when using third-party services, content or software. The laws of the State of Malaysia will govern these Terms of Service, without regard to its conflict of law provisions. If any provision of these Terms of Service is found to be invalid by a court of competent jurisdiction, the other provisions of the Terms of Service will remain in full force and effect. Any claim or cause of action related to your use of the Service or these Terms of Service must be filed within one year or be forever barred. UCreds may assign or transfer these Terms of Service without restriction, but you may not do so without UCreds' written consent. Notices to you may be made via email or regular mail, and UCreds will not be held liable for any delay or failure in performance resulting from events beyond its control. The Service may provide notices of changes to these Terms of Service or other matters through notices or links displayed on the Service. You agree that UCreds will not be liable for any issues that arise from your interactions with other users of the Service.

TERMS OF SERVICE