This Site http://www.gobi.vc/ is wholly owned and operated by the Gobi Partners group of companies (“Gobi”). All the operations and services available in this Site are fully managed and operated by Gobi. All the contents residing in this Site are the property of Gobi.
Internet users who access and use this Site shall accept without limitation or qualification, all the Terms and Conditions stated and shall automatically be bound by the said terms and conditions upon using the website. By using this Site you represent that you have read and understood the terms and conditions stated herein and that you agree to be bound by them. If you do not agree to abide by these terms and conditions do not use the site or download materials from the site.
The internet user may not copy, distribute, publish or commercially exploit the content of this Site, or use this Site for any other purposes not specified herein. This Site may only be used for lawful purposes, and in a manner which does not violate the rights of, or restrict or inhibit the use of this Site by a third party. Such restriction or inhibition shall include but is not limited to, conduct which is unlawful, or which may harass or cause distress or inconvenience to any person, the transmission of obscene or offensive content or of defamatory, racially or ethnically objectionable material of any kind or disruption of normal flow of dialogue within this Site.
The materials may contain inaccuracies and typographical errors. Gobi does not warrant the accuracy or completeness of the materials or the reliability of any advice, opinion or other information display or distributed through the Site or its equivalent . You acknowledge that any reliance on any such advise, opinion or information shall be at your sole risk. Gobi reserves the right, in its sole discretion to correct any errors or omissions in any portion of the Site and may make any changes to the Site at any time without notice.
The materials in this Site are provided “As Is” and without warranties of any kind either expressed or implied to the fullest extent permissible pursuant to applicable law. By using this Site you agree to indemnify, defend and hold the Site, Gobi and all its affiliated partners (including but not limited to the member companies of those said affiliated partners) harmless against any claims (including, but not limited to, claims for defamation, trade disparagement, privacy and intellectual property infringement) and damages including attorney’s fees arising from any submissions by you or through your account.
This Site may contain link(s) to third party sites. Gobi is not responsible for the content of those sites as it is operated by other entities. The link(s) are provided solely for your convenience and do not indicate, expressly or impliedly, any endorsement, authorisation or sponsorship by Gobi of those site(s) or the products and services provided there. You use of the contents in the third party sites are at your own risk. It is your responsibility to take all protective measures to guard against viruses or other destructive elements.
Your Registration Obligations
Certain features or services offered on or through the Site (“Service”) require you to open a Personal Account or a Business Account, which includes setting up a username and password.
In consideration of your use of the Service, you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form when opening the Personal Account or Business Account (or any other Service) (such information being the “Registration Data”) and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, Gobi has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
You are entirely responsible for maintaining the confidentiality of the information and Registration Data you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Gobi immediately of any unauthorized use of your account, Registration Data, password, or any other breach of security.
You may be held liable for losses incurred by Gobi or any other user of or visitor to the Site due to someone else using your account as a result of your failing to keep your account and Registration Data secure and confidential. At all times Gobi shall not be liable for any loss or damage arising from your failure.
Gobi reserves the right, at any time without prior notice to you, to change the format and content of the website at any time. By using this Site, you agree in advance to accept any such changes.
Gobi may terminate, change, suspend or discontinue any aspect of the Gobi site, including the availability of any features of the site at any time. Gobi may also impose limits on certain features and services or restrict your access to parts or all of the site without notice or liability. Gobi may suspend the operation of this Site for support or maintenance work, in order to update the content or for any other reason.
You understand that all info, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. In other words, you and not Gobi, are entirely responsible and liable for all Content that you upload, post or otherwise transmit via this Service. You agree not to use the service to:
1. upload, post, e-mail or otherwise transmit any Content that is unlawful, harmful, threatening, racist, abusive, harassing, pornographic, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or ethnically, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national, or international law;
2. harm minors in any way;
3. restrict or inhibit any other user from using and enjoying the Interactive Features;
4. post or transmit any information, software or other material which contains a virus or other harmful component;
5. amend, damage or delete any Content or other forms of communications that are not your own Content;
6. upload, post or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
7. intentionally or unintentionally violate any applicable local, state, national or international law;
8. collect or store personal data about other users;
9. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
10. impersonate any person or entity, including but not limited to, a Gobi official, forum leader, guide or host or falsely state or otherwise misrepresent your affiliation with a person or entity.
Gobi uses third party services to conduct analytics and will provide information on such services upon request.
THE FOLLOWING TERMS AND CONDITIONS APPLY TO YOUR (BOTH USER AND INSTITUTION) ACCESS AND THE USE OF THIS WEBSITE AND ALL RELATED SUB-SITES (“SITE”) AND THE SERVICES PROVIDED HEREIN (“SERVICES”) BY THE GOBI PARTNERS GROUP OF COMPANIES (“GOBI”). BY ACCESSING ANY PAGE OF THE SITE AND/OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS WITHOUT LIMITATION OR QUALIFICATION.
IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS OR ARE NOT SATISFIED WITH THE SITE AND/OR SERVICES, PLEASE IMMEDIATELY DISCONTINUE YOUR ACCESS TO THE SITE AND/OR USE OF THE SERVICES.
1. Personal Data
In using the Site and/or the Services you may be asked to provide to GOBI certain information which is personal to you. This information will be in possession and control of GOBI which relates directly or indirectly to you (or any other corporation or individual) to the extent that you (or the other corporation or individual) may be identified or identifiable from that information, or from that combined with other information in the possession of GOBI (“Personal Data”). GOBI may “process” the Personal Data by way of collecting, recording, holding, storing, downloading, using or disclosing the Personal Data.
Personal Data which may be collected from you include your name, address, identification card number, telephone number, email address, contact preferences, credit card/debit card/bank direct debit information (where you intend to use the Site for those Services where online payment is carried out and GOBI would require such information for the purposes of processing your payments), or other information in which you can be identified or contacted with.
For certain Services, it is mandatory for you to provide with GOBI your Personal Data, and the notice for such requirements would be expressly posted on the relevant page of the Site requesting for such Personal Data. If you fail to provide such Personal Data, or choose to stop GOBI from processing such Personal Data, which you are entitled to do, GOBI may not be able to render the Services to you, or you may face a reduction of the quality of Services provided to you by GOBI. In any such event, GOBI shall not be liable to you whether for loss of opportunity to secure a placement with the relevant Institutions, costs of application fees or any other loss of damage which you may suffer.
GOBI employs an industry standard technology called “cookies”. The cookie is a small piece of information stored on the hard drive of your computer or device for record-keeping purposes, and is used by GOBI to track your visits. Cookies may be used to save your preferences for your ease and convenience when using the Site. Third party advertising networks may issue their separate cookies to your hard drive when serving advertisements.
The type of anonymous click stream data collected by GOBI through the cookies may include your IP address, date and time of visit of the Site, and whether your requests (including search requests and clicking on links to parts of the Site) were met with successfully. All such information collected though cookies are not Personal Data and you cannot be identified from this information. By collecting such anonymous information, GOBI can track user trends and patterns to allow GOBI to provide you with a better and more innovative user experience.
You may choose to erase or block the cookies by changing the settings on your computer or device. Choosing to do so may reduce the quality of the Services being provided to you and GOBI shall not be liable to you whether for loss of opportunity to secure a placement with the relevant Institutions, costs of application fees or any other loss of damage which you may suffer.
GOBI has implemented the reasonable technology, policies and measure designed for securing and protecting your privacy from unauthorised access, improper use, disclosure and alteration. GOBI will make reasonable updates to its security measures from time to time and ensure authorised third parties use the Personal Data for the purpose set out in Clause 6 and Clause 7 below, and to adequately ensure the confidentiality of the Personal Data.
4. Accuracy of Personal Data
GOBI aims to keep all Personal Data as accurate, correct, up-to-date, reliable and complete as possible. Therefore, the accuracy of the Personal Data depends to a large extent on the information you provide. As such, it is a condition of GOBI providing the Services to you that you:
• Provide GOBI with the accurate, not misleading, updated and complete Personal Data of yourself and/or any relevant person (including their consents) for purposes of acquiring or using the Services;
• Update GOBI as and when such Personal Data provided earlier to GOBI becomes incorrect or out of date by calling and speaking to GOBI at the contact details given above, or writing to GOBI at the address and email address given below.
You may request access to, request for a copy of, request to update, correct or delete your Personal Data by contacting GOBI at the contacts details given below and make the necessary changes from there. Notwithstanding the above, GOBI reserves the right to decline to process any such request which in GOBI’s sole discretion and reasonable view may jeopardise the security and privacy of the Personal Data of others, as well as requests which are impractical or not made in good faith, or the circumstances as provided for under the relevant personal data protection laws of the relevant jurisdiction which shall include the Malaysian Personal Data Protection Act 2010 (“PDPA”) permits GOBI to refuse such request in accordance with the PDPA.
5. Purpose of Acquiring and Processing Personal Data
GOBI may process the Personal Data to:
(A) verify and authenticate your identity including update our records about you from time to time;
(B) process the application for the Services requested, and provide you the Services on a continuous basis;
(C) administer and manage the Services to be provided to you including but not limited for audit purposes;
(D) contact you by the preferred contact method you have indicated, which may include email or telephone, should the need arises in respect of the Services or the Site, or to inform you of new Services, terms and policies;
(E) respond to you on your enquiries;
(F) detect, investigate complaints and prevent fraudulent, prohibited or illegal activities;
(G) conduct research for purposes including historical and statistical ones;
(H) enforce the terms and conditions of the User Agreement and other agreements;
(I) match any Personal Data held by GOBI or its affiliates (including but not limited to its holding or parent company, subsidiaries, associated and affiliated companies, whether such companies are residing, situated, carrying on business, incorporated or constituted within or outside Malaysia) relating to you from time to time;
(J) improve the quality of the Services which may be provided for you;
(K) provide marketing services or related products to you;
(L) resolve disputes, collect fees, or troubleshoot problems,
(M) comply with any purpose required by law or regulation;
(N) automatically scan messages to check for spam, fraud, phishing attacks, computer viruses or malicious computer programming routines, and other malicious activities or illegal or prohibited contents; and/or
(O) perform all ancillary activities relating to the provision of the Services to you or relating to any of the purposes above.
It is necessary for GOBI to process your Personal Data for the above purposes to provide you the Services. If you do not consent to the above, you may choose to remove your Personal Data, but in doing so you are required to terminate your agreement with GOBI and may no longer use the Site or the Services.
Your Personal Data may be used for purposes of promotion and marketing to you, such as emailing you special offers and promotions by GOBI or GOBI’s third-party affiliates, both in general or customised based on the Personal Data processed, and you may opt out of from such promotion and marketing if you choose to do so by notifying GOBI of your decision.
6. Disclosure of Personal Data
GOBI may and you hereby expressly consent for GOBI to disclose your Personal Data to carefully selected third parties. GOBI shall endeavour to ensure that reasonable steps are taken to procure that all such third parties shall not use the Personal Data other than for that part of the purpose as set out below (“Purpose”) and to adequately ensure the confidentiality of the Personal Data. These third parties, and the purpose for their processing of your Personal Data, are as follows:
(A) a third party contracted by GOBI or its affiliates (including but not limited to its holding or parent company, subsidiaries, associated and affiliated companies, whether such companies are residing, situated, carrying on business, incorporated or constituted within or outside Malaysia), to provide services including but not limited to the following:
1. customer related services;
2. data processing and storage services;
3. information technology services;
4. market research services;
5. fraud investigation; and
6. billing and debt recovery;
(B) the shareholders and affiliates (including its holding or parent company, subsidiaries, associated and affiliated companies, whether such companies are residing, situated, carrying on business, incorporated or constituted within or outside Malaysia) of GOBI to reciprocally exchange sales information;
(C) payment channels (including but not limited to financial institutions) to maintain and assess financial and payment records;
(D) credit reference agencies and in the event of default, debt collection agencies;
(E) courts, tribunal, regulatory bodies, governmental bodies or other authorities, if required or authorized to do so, to satisfy any applicable law, regulation, judgment or legal process; enforce the terms and conditions of the User Agreement and other agreements; to protect the rights, property and personal safety of GOBI, its users or the public; and to detect, investigate, and prevent fraudulent, prohibited and illegal activities;
(F) any person under a duty of confidentiality to which has undertaken to keep such Personal Data confidential which GOBI has engaged to satisfy GOBI’s obligations to you;
(G) any actual or proposed assignee, transferee, participant or sub-participant of Gobi’s rights or business;
(H) any party in relation to legal proceedings or prospective legal proceedings;
(I) any party who is involved in connection with a corporate exercise, such as a sale of a subsidiary or division of the GOBI, merger, consolidation, or asset sale, or in the event of winding-up; and/or
(J) any third party organisations or persons for the purpose of fulfilling our obligations to you in respect of the Purpose and such other purposes that are related to the Purpose..
7. Transfer of Personal Data Outside of Malaysia
As part of the Services offered to you through the Site, the Personal Data you have provided to GOBI may be transferred outside of Malaysia. This may include, but not limited to, instances where GOBI stores data or back up data on servers located outside of Malaysia. Please note that these entities may be established in countries that might not offer a level of data protection that is equivalent to the one offered in Malaysia under the laws of Malaysia.
You hereby expressly consent to GOBI transferring your Personal Data outside Malaysia for such purposes. GOBI shall endeavour to ensure that reasonable steps are taken to procure that all such third parties outside of Malaysia shall not use the Personal Data other than for that part of the purpose and to adequately ensure the confidentiality of the Personal Data.
8. External links
9. Retention of Personal Data
Personal Data provided by you is retained for as long as the purpose for which the Personal Data was collected continues; Personal Data is then destroyed unless its further retention is required to satisfy a longer retention period to meet the legal, regulatory or accounting requirements of GOBI to protect GOBI’s rights and interests.