SYSTEM ENTRY AGREEMENT DECLARATION

• General
  • The GENESIS system may be updated or replaced by feature enhancements, software updates, security responses, system files, or system restore software. GENESIS retains ownership of the system itself and reserves all rights not expressly granted to you. You agree that the terms of this system will apply and you agree that the terms will govern your use of the GENESIS System.
  
  
  • GENESIS, at its discretion, may make future system changes (hereinafter referred to as “System Changes”). The System Changes, if any, may not necessarily include all existing features or new features. The terms of this GENESIS system will govern any changes by GENESIS.
  
  
  • Title and intellectual property rights in and to any content displayed by or accessed through the GENESIS system belongs to the respective content owner. Such content may be protected by copyright or other intellectual property laws and treaties, and may be subject to terms of use of the third party providing such content. Except as otherwise provided herein, this does not grant you any rights to use such content nor does it guarantee that such content will continue to be available to you.
  
  
  • System Requirements. Please note that the GENESIS System is supported on hardware that meets specified system requirements as indicated by GENESIS. In addition, use of and access to certain features of the GENESIS System may require you to apply for a unique username and password combination.
• Content Caching Features
  • Certain features of the GENESIS System may automatically download and locally cache content (“hereinafter referred to as “Content””) on your computer. You agree that the GENESIS System may download and cache such Content.
  
  
  • The Content Caching Features are used solely for purposes of expediting the delivery of such content to authorised end users.
  
  
  • You acknowledge and agree that all use of the Content is subject to the applicable terms that govern the type of Content being cached. You acknowledge and agree that the use of the Content Caching Features and storage of Content does not transfer to you any rights beyond those granted to you for the Content and shall not constitute a grant, waiver, or other limitation of any rights of GENESIS or any other copyright owners in any GENESIS Content.
  
  
  • By enabling the Content Caching Features of the GENESIS System, you agree that GENESIS may store, monitor, and secure the GENESIS Content, and may collect and use technical information about your computer and related networks, including but not limited to, hardware identifiers and IP addresses, for such purposes. You agree not to disable, disrupt, hack, circumvent, or otherwise interfere with GENESIS’ verification, storage or authentication mechanisms, digital signing, digital rights management, or other security mechanisms implemented in or by the GENESIS System, services, the GENESIS Content, or to enable others to do so.
  
  
  • GENESIS reserves the right to stop making GENESIS Content available for caching on your computer (e.g., some Content that you may have previously cached may not be available for subsequent caching) and to remove any cached Content from your computer at any time in its sole discretion, and GENESIS shall have no liability to you in such event. You understand that such caching of GENESIS Content may not be available in all countries or regions. You may remove the cached GENESIS Eligible Content and disable the Content Caching Features at any time.
  
  
  • Other Use Restrictions. You agree not to remove, obscure, or alter any proprietary notices (including trademark and copyright notices) that may be affixed to or contained within the GENESIS System.
  
  
  • No Reverse Engineering. You may not, and you agree not to or enable others to, copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the GENESIS System or any part thereof.
  
  
  • Compliance with Laws. You agree to use the GENESIS System in compliance with all applicable laws, including local laws of the country or region in which you reside or in which you use the GENESIS System. Features of the GENESIS System may not be available in all languages or regions and some features may vary by region. An Internet connection is required for the GENESIS System.
  
  
  • Third Party Software. GENESIS has provided and may provide as an upgrade, update or supplement to the GENESIS System, access to certain third party services. To the extent that the GENESIS System contains or provides access to any third party services, GENESIS has no express or implied obligation to provide any technical or other support for such services. Please contact the appropriate software vendor, manufacturer or service provider directly for technical support and customer service related to its software, service and/or products.
  
  
  • GENESIS System Changes. The GENESIS System will periodically check for System Changes. If a change is available, the change may automatically download and install onto your computer and, if applicable, your peripheral devices. By using the GENESIS System, you agree that GENESIS may download and install automatic GENESIS System Changes onto your computer and your peripheral devices. You can turn off automatic operating system updates at any time by adjusting the settings.
  
  
  • Consent to Use of Data. When you use the various communication features of the GENESIS System with your computer, the information you provide, your email address(es), certain unique identifiers for your computer and your phone’s registered telephone number are sent to GENESIS in order to allow others to reach you. GENESIS may hold your messages in encrypted form for a limited period of time in order to ensure their delivery. Certain features may require information from your computer to provide their respective functions. When you turn on or use these features, details will be provided regarding what information is sent to GENESIS and how the information may be used. At all times your information will be treated in accordance with the GENESIS Privacy Policy.
• Services and Third Party Materials
  • General. The GENESIS System may enable access to third party services and web sites (collectively and individually, “Services”). Use of these Services requires Internet access and use of certain Services may require you to accept additional terms and may be subject to additional fees. By using this GENESIS system or other GENESIS Services, you agree to the applicable terms of service for that Service, the latest terms and conditions for the Services for the country or region in which you access such Services.
  
  
  • You understand that by using any of the Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the Services at your sole risk and that GENESIS, its affiliates, agents, principals, or licensors shall have no liability to you for content that may be found to be offensive, indecent, or objectionable.
  
  
  • Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, you acknowledge and agree that GENESIS is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. GENESIS, its officers, affiliates and subsidiaries do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties.
  
  
  • To the extent that you upload any content through the use of the Services, you represent that you own all rights in, or have authorisation or are otherwise legally permitted to upload, such content and that such content does not violate any terms of service applicable to the Services. You agree that the Services contain proprietary content, information and material that is owned by GENESIS, the site owner or their licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary content, information or materials other than for permitted use of the Services or in any manner that is inconsistent with the terms of the Services or the GENESIS System or that infringes any intellectual property rights of a third party or GENESIS. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and you shall not exploit the Services in any unauthorised way whatsoever, including but not limited to, using the Services to transmit any computer viruses, worms, trojan horses or other malware, or by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that GENESIS is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions that you may receive as a result of using any of the Services.
  
  
  • In addition, such Services and Third Party Materials may not be available in all languages or in all countries or regions. GENESIS makes no representation that such Services and Third Party Materials are appropriate or available for use in any particular location. To the extent you choose to use or access such Services or Third Party Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws and privacy and data collection laws. GENESIS and its affiliates reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will GENESIS be liable for the removal of or disabling of access to any such Services. GENESIS may also impose limits on the use of or access to certain Services, in any case and without notice or liability.
• Termination
  The GENESIS System is effective until terminated. Your rights for the GENESIS system will terminate automatically or otherwise cease to be effective without notice from GENESIS if you fail to comply with any term(s) of the GENESIS System. Upon termination, you shall cease all use of the GENESIS System.
• Disclaimer of Warranties.
  • YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE GENESIS SYSTEM AND ANY SERVICES PERFORMED BY OR ACCESSED THROUGH THE GENESIS SYSTEM IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU.
  
  
  • GENESIS DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE GENESIS SYSTEM AND SERVICES, THAT THE FUNCTIONS CONTAINED IN, NOR DOES IT WARRANT THAT SERVICES PERFORMED OR PROVIDED BY, THE GENESIS SYSTEM WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE GENESIS SYSTEM AND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY SERVICES WILL CONTINUE TO BE MADE AVAILABLE, THAT DEFECTS IN THE GENESIS SYSTEM OR SERVICES WILL BE CORRECTED, OR THAT THE GENESIS SYSTEM OR SERVICES WILL BE COMPATIBLE OR WORK WITH ANY THIRD PARTY SYSTEM, APPLICATIONS OR THIRD PARTY SERVICES. INSTALLATION OF THIS GENESIS SYSTEM MAY AFFECT THE AVAILABILITY AND USABILITY OF THIRD PARTY SYSTEMS, APPLICATIONS OR THIRD PARTY SERVICES, AS WELL AS GENESIS PRODUCTS AND SERVICES.
• Limitation of Liability
  TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL GENESIS, ITS AFFILIATES, AGENTS OR PRINCIPALS, BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA OR INFORMATION (INCLUDING WITHOUT LIMITATION COURSE INSTRUCTIONS, ASSIGNMENTS AND MATERIALS), BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE GENESIS SYSTEM OR SERVICES OR ANY THIRD PARTY SYSTEM, APPLICATIONS OR SERVICES IN CONJUNCTION WITH THE GENESIS SYSTEM OR SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF GENESIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
• Digital Certificates
  The GENESIS System contains functionality that allows it to accept digital certificates. YOU ARE SOLELY RESPONSIBLE FOR DECIDING WHETHER OR NOT TO RELY ON A CERTIFICATE WHETHER ISSUED BY GENESIS OR A THIRD PARTY. YOUR USE OF DIGITAL CERTIFICATES IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GENESIS MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, ACCURACY, SECURITY, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO DIGITAL CERTIFICATES.
  You agree that (a) you will not falsify or misuse any digital certificate; (b) you will use digital certificates for legal purposes only and in accordance with any applicable Certificate Policy, Certificate Practice Statement or other Certificate Authority business practice disclosures; (c) you are solely responsible for preventing any unauthorised user from making use of your digital certificates; (d) you are solely responsible for preventing any unauthorised user from making use of the private key associated with your digital certificate; and (e) you will revoke any of your digital certificates that you have reason to believe have been compromised.
• Controlling Law and Severability.
  The GENESIS System will be governed by and construed in accordance with the laws of Malaysia.
• Entire Agreement and Governing Language
  This User Agreement constitutes the entire agreement between you and GENESIS relating to the GENESIS System and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this User Agreement will be binding unless in writing and signed by GENESIS. Any translation of this User Agreement into a non- English language is as required by the laws of Malaysia and in the event of a dispute between the English and any non-English versions, the English version of this User Agreement shall govern, to the extent not prohibited by local law in your jurisdiction.
• Third Party Acknowledgements
  • Portions of the GENESIS System may utilise or include third party software and other copyrighted material. Acknowledgements, licensing terms and disclaimers for such material are contained in the electronic documentation for the GENESIS System, and your use of such material is governed by their respective terms.
  
  
  • Certain software libraries and other third party software included with the GENESIS System are free software and licensed under the terms of the GNU General Public Licence (GPL) or the GNU Library/Lesser General Public Licence (LGPL), as the case may be. You may obtain a complete machine readable copy of the source code for such free software under the terms of the GPL or LGPL, as the case may be, without charge except for the cost of media, shipping, and handling, upon written request to GENESIS. The GPL/LGPL software is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY, without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE.
• GENESIS’ Relationship With You
  GENESIS does not process payments, or have any other control over payments, returns, refunds, rewards, value, discounts, orders, order fulfilment, or other commerce activity that may arise out of your use of the GENESIS System.

  The terms and conditions of cardholder agreements you may have in place with your card issuer will continue to govern your use of your supported cards (“Supported Card”) and their use. Similarly, your purchase of any goods or services feature will be subject to the applicable merchant’s terms and conditions.

  Nothing in the agreement modifies the terms of any cardholder or merchant agreement that you may have.

  You agree that GENESIS is not a party to your cardholder or merchant agreements, nor is GENESIS responsible for the (a) content, accuracy or unavailability of any payment cards, commerce activities, transactions, purchases, orders, order fulfilment, or receipts; (b) issuance of credit or assessing eligibility for credit; (c) activities of issuers, merchants, or other third parties related to your use of GENESIS; (d) provisioning decisions made by an issuer, merchant, or other third party in connection with a Supported Card; (e) accrual or redemption of rewards or stored value under a merchant’s program; or (f) funding or reloading of prepaid cards. For all disputes or questions about payment cards or associated commerce activity, please contact your issuer or the applicable merchant.
• Security
  You are solely responsible for maintaining the security of your devices in relation to the access and use of the GENESIS System. You agree that GENESIS does not have any responsibility if you lose or share access to your device, or if you make unauthorised modifications to the GENESIS System.
  If your device is lost or stolen you can attempt to suspend the ability to pay with the device. If you report such loss or theft or GENESIS suspects fraudulent or abusive activity, you agree to cooperate with GENESIS in any investigation and to use any fraud prevention measures we prescribe.
• Limitation of Liability
  IN ADDITION TO THE DISCLAIMERS OF WARRANTIES AND LIMITATION OF LIABILITY SET FORTH, GENESIS DOES NOT ASSUME ANY LIABILITY FOR PURCHASES, PAYMENTS, TRANSACTIONS, ORDERS, ORDER FULFILMENT, RECEIPT INFORMATION, OR OTHER COMMERCE ACTIVITY MADE USING THE GENESIS SYSTEM, AND YOU AGREE TO LOOK SOLELY TO AGREEMENTS YOU MAY HAVE WITH YOUR CARD ISSUER, PAYMENT NETWORK, OR MERCHANT TO RESOLVE ANY QUESTIONS OR DISPUTES RELATING TO YOUR SUPPORTED CARDS, VIRTUAL SUPPORTED CARDS AND ASSOCIATED COMMERCE ACTIVITY .