Project Semai Website Terms and Conditions

These terms and conditions, together with our Privacy Policy (collectively “Agreement”) set forth the general terms and conditions of your use of this website. By using this website (including by using, accessing or downloading any information(s), data(s) and/or dataset(s) relating to or in connection with this website (collectively “Data”), you would be accepting this Agreement and this Agreement shall constitute a legally binding agreement between you (“you” or “your”) and Khazanah Nasional Berhad (“Khazanah”, “we”, “us” or “our”). If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case, the terms “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not use this website and accept this Agreement and must immediately stop using this website and/or accessing or downloading any Data from the website. If you are under 18 years of age, you must review the Agreement with your parent or guardian before using this website and/or accessing or downloading any Data from the website to make sure that you and your parent or guardian understand this Agreement and agree thereto. If you are a parent or legal guardian, and you allow your child to use this website and/or access or download any Data from the website, then these terms apply to you and you’re responsible for your child’s activity on this website.

User Acknowledgements

1. You hereby acknowledge that you have read, understood, and agreed to be bound by the terms of this Agreement.
2. You hereby acknowledge that:-
   1. the findings in relation to Project Semai are intended to better understand the challenges faced by smallholders in different agriculture subsectors (food crops, livestock, and aquaculture);
   2. the Data includes, without limitation, information obtained from third-party sources;
   3. the Data does not consist of any personal data, and any personal information in the dataset has been anonymised and aggregated to protect participants’ privacy;
   4. the Data is for informational purposes only; and
   5. by downloading the Data, you acknowledge and accept the inherent risks associated with online data transfer and storage.
3. In this regard, you also hereby agree that you shall:-
   1. independently exercise due diligence and verify the Data for the purposes of your own analysis to achieve your goal in relation to the Data;
   2. not rely on the Data to make any investment decision and any reliance you make in relation to the Data is done solely at your own risk; and
   3. use the Data in compliance with all applicable laws, regulations, and ethical guidelines.

Restrictions of Use

4. You hereby agree that you shall not:-
   1. request from Khazanah or any third party any personal information for the purposes of identifying any individuals from such Data;
   2. extract or attempt to extract, manipulate or attempt to manipulate the Data in any way that could potentially lead to the identification of individuals or entities;
   3. use the Data to harm individuals, communities, or society at large; and
   4. misrepresent or manipulate the Data to draw inaccurate conclusions.

No Warranty

5. The Data is provided "as is," without any guarantee of its fitness for any specific use and Khazanah does not make any warranties, expressed or implied, regarding the accuracy, completeness and reliability of the Data.
6. Khazanah does not guarantee:-
   1. that the website or any of the Data thereof shall be available to you at all times and without interruptions or disturbances;
   2. the security of the Data during transmission or storage; and
   3. that the files, servers, and databases used for data storage, extraction, management, and transmission are free of errors, or viruses.

Liability and Indemnity

7. Khazanah assumes no responsibility, and shall not be liable for any direct or indirect damages caused by this website and this Data to you, including without limitation, any liability or responsibility in relation to:-
   1. the accuracy, completeness, or usefulness of any Data provided, whether in isolation or in aggregate;
   2. any direct, special, incidental, indirect, exemplary, punitive or consequential damages including loss of profits, arising from the use of the website or Data whether or not advised of the possibility of such damages, and on theory of liability whatsoever, arising out of or in connection with your use of the Website and/or access or download of the Data; and
   3. defamatory, offensive or illegal conduct of other users on the website.
8. The risk of injury from the foregoing rests entirely with you.
9. You agree to defend, indemnify and hold Khazanah harmless from and against any and all claims, damages, costs and expenses, including reasonable attorney's fees, arising from or related to your use of the website and/or access to the Data.
10. Notwithstanding the indemnification given by you, Khazanah shall have the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you under the Agreement, and in such case, you agree to fully cooperate as reasonably required with such defence and in asserting any available defences.

Third Party Content

11. You hereby acknowledge that third party content may appear on this website or may be accessible via links from this website and that Khazanah:-
    1. does not endorse, control, or assume responsibility for the content, privacy policies, or practices of any third-party websites; and
    2. shall not be responsible for and assumes no liability for any infringement, representations, warranties or any other form of content contained in any third-party content appearing on this website.
12. By following such links, you do so at your own risk, and this Agreement no longer applies.

Intellectual Property

13. The contents used in the website including without limitation, the text, documents, interactive features, services and any output thereof found in this website (collectively, the “Content”) as well as all trademarks, service marks, graphics, logos and marks used in this website (“Marks”) are owned by Khazanah and/or third-party sources that have been engaged with by Khazanah.
14. This Agreement does not transfer to you any intellectual property owned by Khazanah and/or such third-party, and all rights, titles, and interests in and to such Content and Marks will remain solely with Khazanah and/or such third-party, where applicable.
15. None of the information published pursuant to this website by Khazanah or its partners or affiliates is to be interpreted as granting licenses on the Content and/or Marks and the express written consent of Khazanah and/or third-party is to be obtained if you intend on using the Content or Marks. Unauthorised use of the Content and Marks are strictly prohibited.
16. You acknowledge that all Content and Marks are either copyrighted or trademarked as a collective work under applicable intellectual property laws and treaties.
17. You hereby agree to not:-
    1. use all or any part of the Content without our prior written authorisation or consent, including for commercial and non-private use;
    2. use and make reference to the Content and Mark, which includes the name, logo, trademarks or other intellectual property of Khazanah; and the name “Project Semai” or any similar derivations; in any material whatsoever without our prior written consent; and,
    3. use, create derivative works of, transfer (by sale, resale, license, sublicense, download or otherwise), copy, upload, post, publish, adapt, modify, screenshot, reproduce, display, disclose, circulate or distribute the Content in any way, without our prior written authorisation or consent.

General

18. Khazanah reserves the right to amend and modify this Agreement, Data and/or the website at any time at its discretion, without notice to you. An updated version of the Agreement will be effective immediately, unless otherwise specified.
19. Khazanah reserves the right to restrict or terminate your access to the website and/or Data at its sole discretion, with or without cause, and without liability.
20. The Agreement is governed by and construed in accordance with the laws of Malaysia. Any and all disputes arising from or related to the Agreement or Data shall be subject to the exclusive jurisdiction of the courts of Malaysia.
21. If any part of any provision of the Agreement is invalid or unenforceable under applicable law, such part will be ineffective only to the extent of such invalidity or unenforceability, without in any way affecting the remainder of the Agreement.
22. No failure or delay by Khazanah in fully exercising any right, power or privilege will constitute a waiver unless expressly stipulated by Khazanah in writing, and if Khazanah grants a waiver on one occasion, Khazanah shall be entitled to fully enforce its rights, powers and privileges on future occasions.
23. The headings in this Agreement are for convenience of reference only and shall not limit or otherwise affect the meaning hereof.
24. Khazanah is entitled to assign any rights and obligations that result from this Agreement to its affiliates or third parties. In the event that you cannot agree with the assignment, your only remedy is to cease the use of the website.
25. If you have any questions, concerns, or complaints regarding this Agreement, you may contact us via email at danaimpak.food@khazanah.com.my.
26. The English language version of this Agreement shall be controlling in all respects and shall prevail in case of any inconsistencies with translated versions, if any.