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Terms & Conditions
  • EMGS WEBSITE TERMS OF USE

    1. The service located at www.educationmalaysia.gov.my is a web site (Site) owned and operated on behalf of Education Malaysia Global Services (“EMGS”). This legal notice applies to the entire contents of the Site and to any correspondence by e-mail between us and you. Please read these terms carefully before using the Site. Using the Site indicates that you accept this legal notice in full. If you do not accept this legal notice in full, you must leave this Site immediately. The contents of this Site, including but not limited to the text and images herein and their arrangements, unless otherwise noted, are copyrighted. All rights reserved. All Trademarks referred to are the property of their respective owners.

    2. The website will require you to search by using your passport number and full name as recorded in the passport submitted to EMGS by your education institution. EMGS advises you to keep this information safe and excludes all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) as a result of the misuse or loss of this information, subject to the limits of the relevant law.

    3. The information on this website is intended to update you of the current status of the student pass application. Whilst EMGS makes every effort to process student pass applications within 14 working days, there is no warranty or guarantee that we shall do so and EMGS shall not be held liable for any loss or damages of any kind that arise from any actions or failure to act by any party, made in expectation or reliance upon any specific pass processing information supplied by us. The information contained within this Site does not constitute any form of advice or recommendation by us and is not intended to be relied upon by you in making (or refraining from making) any specific educational, or other, decisions. You should take your own advice and/ or make specific enquiries with your education institution if you believe the information contained within the Site is incorrect.

    4. You should assume that everything you see or read on the Site, with the exception of your personal data, is copyrighted and may not be used except as provided in these Terms and Conditions, the text on the Site or with the written permission obtained in advance from the owner. You must contact EMGS for further information.

    5. When you visit www.educationmalaysia.gov.my or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that communications be in writing.

    6. If you breach any of the terms in this legal notice, your permission to use the Site automatically terminates and you must immediately destroy any downloaded or printed extracts from the Site.

    7. The material included in this Site has been compiled from a variety of sources and the Site may include technical inaccuracies or typographical errors. Everything on the Site is provided to you "as is" without warranty of any kind. Accordingly, to the maximum extent permitted by law this site is provided to you on the basis that the owner excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill or implied warranties which, but for this legal notice, might have effect in relation to the Site.

    8. EMGS does not warrant that this Site, various services provided through this Site, and any information, software or other material downloaded from this Site, will be uninterrupted, error-free, or free of viruses or other harmful components.

    9. EMGS cannot warrant or guarantee that the institutions or courses of study are valid at the time of application although EMGS makes every reasonable effort to ensure that the information provided is accurate. The information is dependent on the institutions and government agencies providing timely and accurate information to EMGS. EMGS does not accept liability for course fees or other expenses or losses incurred as a result of a student or agent undertaking or applying for a course that is not valid.

    10. EMGS makes no warranties or representations as to the accuracy of the Site. EMGS assumes no liability or responsibility for any errors or omissions in the content of the Site. EMGS uses reasonable effort to ensure the accuracy of the Site but reserves the right to change in its sole discretion the Site, in any way and/or at any time, without notice. EMGS may make changes to the material on the Site, or to the products and prices described in it, at any time without notice. The material on the Site may be out of date, and EMGS makes no commitment to update such material.

    11. EMGS, any other party (whether or not involved in creating, producing, maintaining or delivering the Site), and any of EMGS’s group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Site in any way or in connection with the use, inability to use or the results of use of the Site, any websites linked to the Site or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Site or your downloading of any material from the Site or any websites linked to the Site.

    12. EMGS, and any of EMGS’s agents or servants and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) as a result of the unauthorized use or passing off or cybersquatting of this website, domain name, EMGS name or misuse or misappropriation of any other intellectual property belonging to EMGS or its agents or servants.

    13. Nothing in this legal notice shall exclude or limit EMGS’s liability for any liability which cannot be excluded or limited under applicable law.

    14. If your use of material on the Site results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.

    15. You are permitted to print extracts from the Site for your own personal use on the following basis:

    a) no documents or related graphics on the Site are modified in any way;

    b) no graphics on the Site are used separately from the corresponding text; and

    c) EMGS's copyright and trade mark notices and this permission notice appear in all copies.

    d) Unless otherwise stated, the copyright and other intellectual property rights in all material on the Site (including without limitation photographs and graphical images) are owned by EMGS or its licensors.

    16. For the purposes of this legal notice, any use of extracts from the Site other than in accordance with clause (xiii) for any purpose is prohibited. No part of the Site may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without EMGS's prior written permission.

    17. Any rights not expressly granted in these terms are reserved.

    18. You may not frame or utilize framing techniques to enclose to enclose any trademark, logo or other proprietary information (including images, text, page layout, or form) of EMGS without express written consent of EMGS.

    19. Other than personally identifiable information, which is covered under our Privacy Policy, any material you transmit or post to the Site shall be considered non-confidential and non-proprietary.

    20. You are prohibited from posting or transmitting to or from the Site any material:

    a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or

    b) for which you have not obtained all necessary licenses and/or approvals; or

    c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or

    d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

    21. You may not misuse the Site (including, without limitation, by hacking).

    22. EMGS shall fully co-operate with any law enforcement authorities or court order requesting or directing EMGS to disclose the identity or locate anyone posting any material in breach of clauses 20 or 21.

    23. Links on this Site may lead to servers maintained by individuals or organizations other than EMGS. EMGS has no control and makes no warranties or representations as to the accuracy, timeliness, suitability or any other aspect of the information located on such servers, and neither monitors nor endorses such servers or content. If you use these links, you leave the Site. EMGS therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Site, you do so entirely at your own risk.

    24. The use of the STARS System or any other Services provided by EMGS by any party including prospective students or institutions does not form the basis of an intention to create legal relations and EMGS has no intention on their part to enter into any contract, to undertake contractual obligations or to do or undertake more than is considered naturally and properly incident to carrying out the governmental or departmental function under the delegated authority bestowed upon EMGS by the Government of Malaysia and in accordance with government policies.

    25. Images of people or places displayed on the Site are either the property of, or used with permission of EMGS. Your use of these images is strictly prohibited unless specifically permitted by these Terms and Conditions, specific permission provided elsewhere on the Site or you write directly to and obtain permission from EMGS.

    26. All other Trademarks and logos or registered Trademarks and logos found on the Site or mentioned herein belong to their respective owners. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of EMGS or such third party that owns the Trademarks displayed on this Site. EMGS will enforce its intellectual property rights to the fullest extent permitted by law.

    27. EMGS may at any time revise these Terms and Conditions by updating this posting. You are bound by the most current Terms and Conditions every time you visit this Site, therefore you should periodically review these Terms and Conditions to which you are bound. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at the Site.

    28. This legal notice shall be governed by and construed in accordance with Malaysian law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the Malaysian courts.

    PRIVACY POLICY

    We at EMGS, and our servants and agents, which means EMGS and its subsidiaries from time to time and their subsidiaries, ("we", "us", "our" or "EMGS" as the context requires) are committed to protecting and respecting your privacy.

    This policy (together with the terms of use of our website and any other documents referred to in it) sets out the basis on which any personal data or sensitive personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our policy regarding your personal data and how we will treat it.

    For the purpose of the Personal Data Protection Act 2010 (the Act) and this privacy policy:

    "data user" is EMGS and/or any of EMGS subsidiaries, agents or servants from time to time.

    "personal information" or “personal data” is any information about you, including sensitive personal data which you provide to us, from time to time as set out in this privacy policy.

    "application" is the process of applying for entry to courses offered by institutions of further and higher education which are accredited and licensed by the Government of Malaysia or the process for applying for permission to enter and remain in Malaysia as a student or the process for applying for permission to enter and remain in Malaysia as the spouse, parent or child of a Student. The application is processed by EMGS and third parties including government agencies. The application is updated with any revisions, including decisions from the higher education establishments and examination results received during the remainder of the application cycle.

    “sensitive personal data” means any personal data consisting of information as to the physical or mental health or condition of a data subject, his political opinions, his religious beliefs or other beliefs of a similar nature, the commission or alleged commission by him of any offence or any other personal data as the Minister may determine by order published in the Gazette.

    "Declaration" is the declaration which is currently accepted by the Institution on your behalf at the time of your application being submitted.

    "website" includes www.educationmalaysia.gov.my or https://stars.emgs.sc or any other website, RSS feed or phone application operated by us from time to time.

    1 Information which we collect about you

    1.1 We may collect and process the following information about you:

    i. Information which you provide to us from any of the input areas within the website.

    ii. Information which you provide to us by any other means including (without limitation) telephone, fax or post.

    iii. Information which you provide to us or the institution in connection with your application, which will be handled in accordance with this privacy policy and our data protection statement, which forms part of the declaration.

    iv. If you contact us, we may keep a record of that correspondence.

    2 How we use your personal information

    2.1 We use personal information held about you in the following ways:

    i. to process your application.

    ii. to allow you to participate in any interactive features of our service, when you choose to do so.

    iii. to notify you about changes to our service.

    iv. to ensure that content from our website is presented in the most effective manner for you and for your computer.

    v. to keep you informed (with your consent) by electronic means, or other means, of information about specific funding, sponsorship opportunities or services and products that we think may be of interest to you.

    vi. to provide you (unless you object) with general information relevant to students.

    2.2 We may share personal information included in your application, or which you subsequently supply to us, with the staff of the institutions which (i) you have previously or currently attend as a student or (ii) you are making application to attend for further or higher education as indicated in your application; or (iii) consular representatives from your country of origin.

    2.3 The Malaysian Government requires prospective foreign students to submit applications for Student Passes through the Higher Education Institution (“the Institution”) upon acceptance on the course. This means the institution will be passing personal data and sensitive personal data to us for processing. EMGS assumes that the Institution will comply with the provisions of the Act in the handling of your data and EMGS disclaims any liability for any breach of the Act arising from the actions or failings of any Institution.

    2.4 EMGS or their authorized representatives, partners or subsidiaries will take all reasonable precautions to protect the security of your data however we cannot be liable to you for any loss or damage suffered by you as a result of an unauthorised third party having accessed your application.

    2.5 Where you use our website to submit an application, we may invite you to participate in surveys intended to assist us in the development of our services or for enhancement of areas of study in which you have expressed interest. Whilst your views will be welcome to us, there is no obligation for you to respond. You will be given details of the purpose of the survey and the parties who will undertake it.

    2.6 We may, on occasion, be required to undertake a check of your identity. This will be conducted in confidence. We will normally discuss this with you prior to carrying out any identity checks.

    2.7 EMGS will cooperate, where it is required to do so, with enquiries from authorities which demonstrate a legal requirement for access to information about you. These include, but are not limited to: Malaysian and International Police Forces, the Malaysian Department of Immigration, the Ministry of Higher Education and any other bona fide investigators on behalf of other agencies pursuing a lawful enquiry.

    3 Communicating with you

    3.1 The information we collect from you in connection with your application will include (without limitation) your name; postal and email address; and telephone numbers, both home and mobile, passport details, medical screening results and education and immigration information. If any of these details change, it is important that you tell us straight away so that we can communicate with you about your application.

    3.2 We will normally communicate with you by electronic means in respect of any application made by you.

    3.3 You may contact us by any of the methods set out on our contact us page of the website. If you have any questions about our use of your personal data, please write to the Data Protection Officer, EMGS, 20th Floor, Menara TA One, 22 Jalan P. Ramlee, Kuala Lumpur Malaysia 50250.

    4 Commercial mailings from EMGS

    4.1 EMGS does not use your personal data for any other purpose other than that set out in Clause 2.1.

    5 IP addresses, cookies and links

    5.1 We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users' browsing actions and patterns, and does not identify you as an individual.

    5.2 EMGS may use cookies. A cookie is a small amount of data which is stored on your computer and which is revealed to EMGS when you use this network. EMGS uses cookies only to make it easier to identify you when using the network. EMGS does not use cookies to collect additional information about you. You can configure your web browser not to accept cookies, although this may hinder the functionality of the network for you.

    5.3 The website may contain links that make it easy for you to visit other websites. EMGS does not have any control over these websites. Therefore, if you use these links to leave EMGS and visit websites operated by third parties, EMGS cannot be responsible for the protection and privacy of any information that you provide whilst visiting these websites.

    6 Your right to ask to see the information we hold about you

    6.1 Upon the coming into force of the Personal Data Protection Act 2010 you may request for us to provide you with details of personal information that we hold about you. If you want to make a request for this information you should write to EMGS at the address given in section 3.3 above. There will be a fee of RM10 payable to “EMGS Escrow Account 1”. A bank draft for this amount should be sent to EMGS with your request for information.

    6.2 If you request us to do so we will consider making changes to the information that we hold about you. We will change certain limited information that we hold about you where you tell us it is incorrect. We cannot make any changes to information contained in your application such as (without limitation) your photograph, academic qualifications, medical health report or references. If you believe any such information is incorrect or contains any errors or mistakes, you must contact your selected higher education institutions directly to discuss these.

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