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TERMS AND CONDITIONS
OF USE OF HANDBOOK
The material contained in this Handbook
is provided by the Malaysian Institute of Accountants (MIA) as part
of its ongoing services to members of MIA (first copy complimentary)
and the public, on the following terms and conditions. By accessing
and/or using this Handbook, you, as user of this Handbook, indicate
your acceptance of these terms and conditions. |
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1. |
ACCOUNTANTS ACT 1967 AND RULES THEREUNDER:
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1.1 |
The Accountants Act 1967 (the
“Act”) and the Rules made thereunder, namely the Malaysian Institute
of Accountants (Membership and Council) Rules 2001, the Malaysian
Institute of Accountants (Disciplinary) Rules 2002 and the Malaysian
Institute of Accountants Qualifying Examination Rules 2002, are
reproduced in this Handbook with the kind permission and consent of
Percetakan Nasional Malaysia Berhad, the national printer for the
Malaysian Government which holds the rights to publish the
Government Gazette. |
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1.2 |
The
reproduction of the Act and the Rules made thereunder in this Handbook has been consented to by
Percetakan Nasional Malaysia Berhad strictly on the basis that the
user of this Handbook is not allowed to reprint or reproduce the Act
and the Rules made thereunder, for commercial or public purpose or
use, in whatever form. The Act and the Rules made thereunder are
therefore reproduced in this Handbook for your own reference and
personal consumption. |
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1.3 |
In addition, you are reminded
that the Act and the Rules made thereunder which are reproduced in
this Handbook are not the official versions of the same as printed
in the Government Gazette for the purposes of section 61 of the
Interpretation Acts 1948 & 1967, and therefore do not constitute
admissible prima facie evidence of the contents of the Government
Gazette for the purposes of that section. |
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2. |
INTERNATIONAL STANDARDS ON AUDITING & INTERNATIONAL AUDITING
PRACTICE STATEMENTS
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2.1 |
The
International Standards on Auditing (ISAs) and International Auditing Practice Statements (IAPSs)
that are contained in this Handbook are reproduced herein with the
kind permission and consent of the International Federation of
Accountants (IFAC). All rights reserved. The approved text of all
IFAC documents in this Handbook is that published by IFAC in the
English language. |
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2.2 |
The
reproduction of the ISAs and
the IAPSs in this Handbook has been consented to by IFAC strictly on
the basis that the user of this Handbook is not allowed to reprint
or reproduce the ISAs and the IAPSs, for commercial or public
purpose or use, in whatever form. The ISAs and the IAPSs are
therefore reproduced in this Handbook for your own reference and
personal consumption. |
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3. |
TERM OF
USE:
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3.1 |
By accessing or using this
Handbook or any part thereof, you shall be deemed to have accepted
these terms and conditions in full. |
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3.2 |
You are granted a non-exclusive
right by MIA to use the Handbook strictly in accordance with the
terms and conditions herein, which right commences upon your
acceptance of the said terms and conditions (deemed so accepted by
your access or use of this Handbook). |
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3.3 |
MIA is however entitled to
terminate this right of use if you breach any of the terms and
conditions contained herein or if you cease to enjoy the rights of
membership of MIA as conferred by the Act and the Rules made thereunder. |
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4. |
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY:
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4.1 |
This Handbook is provided to you
by MIA on an “as is” basis without any express or implied warranty
of any kind. While MIA has made every effort to ensure that the
material contained in this Handbook is free from error and is
up-to-date, MIA, the MIA Council, or its officers, employees or
agents, do not warrant or make any representation whatsoever as to
the accuracy, completeness, reliability, timeliness, adequacy or
suitability for any particular purpose of the material in this
Handbook. |
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4.2 |
The material in this Handbook is
subject to change and you should make your own enquiries as to
whether the material in this Handbook is required to be updated from
time to time. You should also keep up-to-date with the circulars and
website notices that may be issued by MIA from time to time in
respect of any changes or amendments to the material in this
Handbook. |
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4.3 |
You are solely responsible for
assessing the accuracy, reliability, adequacy and suitability of the
material in this Handbook. |
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4.4 |
Although MIA has taken all
reasonable care in the preparation and compilation of the material
contained in this Handbook, MIA and each party providing the
material displayed in this Handbook disclaim all and any liability
or responsibility to any person for any errors or omissions in the
contents of this Handbook or for anything done or omitted to be done
by any such person in reliance whether wholly or partially, upon the
whole or any part of the contents of this Handbook. |
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4.5 |
Under no circumstances shall
MIA, the MIA Council, its officers, employees or agents be liable
for any loss or damage including without limitation, any loss of
profits, business interruption, loss of information, incidental,
special or consequential losses or damages suffered by you or any
other person arising in contract, tort or otherwise that result from
the access or use of, or reliance on, the currency or accuracy of
the material contained in this Handbook or from the inability to use
this Handbook. |
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4.6 |
You agree that the information
downloaded or otherwise accessed from this Handbook is obtained at
your own risk and that you will be entirely responsible for any
resulting damage to software, hardware or computer systems and/or
any resulting loss of data howsoever caused. |
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5. |
COPYRIGHT AND OTHER INTELLECTUAL PROPERTY RIGHTS:
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5.1 |
Save
and except for the Act and the Rules made thereunder (the copyright for which is held by
Percetakan Nasional Malaysia Berhad) and save for the ISAs and the
IAPSs (the copyright for which is held by IFAC), the material
contained in the Handbook is the property of MIA or its licensors
and is protected by copyright, trademark and other intellectual
property laws applicable in Malaysia. All rights reserved. |
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5.2 |
You are
responsible for obeying all applicable copyright and other
intellectual property laws. |
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5.3 |
You may
access and display the material in the Handbook on a computer,
monitor or other video display device, and make a print copy of
any page or part thereof from the material in the Handbook,
solely for your own personal use and reference, provided you do
not modify the same in any way. |
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5.4 |
Save for
the above, you must not modify, copy, reproduce, distribute,
republish, display, sell, create derivative works, communicate
or convey to others, store in a retrieval system, transmit or
export in any form or by any means, electronic, mechanical,
photocopying, recording or otherwise, or otherwise use the
Handbook or the material contained therein or any part thereof,
in any way for commercial, public or other purposes.
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5.5 |
The MIA
logo and name are the trademarks of MIA and must not be used as
part of your business or work or in connection with any goods or
services, save in accordance with the MIA Logo Guidelines and
with the prior written consent of MIA. |
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6. |
INDEMNIFICATION:
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6.1 |
You
agree to indemnify and hold harmless, MIA, the MIA Council, its
officers, employees and agents from any and all third-party
claims, liability, damages, charges, costs (including but not
limited to legal costs) and expenses, arising from your access
or use of the Handbook or the material contained therein or from
your failure to comply with the terms and conditions herein or
from your violation of any applicable law. |
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7. |
INVALIDITY
AND VARIATION OF TERMS AND CONDITIONS:
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7.1 |
In the
event that any or any part of the terms and conditions contained
herein are determined by a court of law to be invalid, unlawful
or unenforceable, that term/s or any part thereof shall be
severed from the remaining terms to the extent that it is not
enforceable. The remaining terms and conditions shall remain in
full force and effect. |
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7.2 |
MIA
reserves the rights to vary these terms and conditions from time
to time at its sole discretion and shall notify you of such
variation by any means. Continued use of this Handbook shall be
deemed as acceptance of such variation and the varied terms and
conditions. |
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8. |
WAIVER:
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8.1 |
Any
failure on the part of MIA to insist upon or enforce strict
performance of the terms and conditions herein shall not be
construed as a waiver of any right or remedy of MIA in respect
of any existing or subsequent breach of any term or condition
herein. |
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9. |
APPLICABLE LAW AND JURISDICTION:
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9.1 |
The
applicable law governing the terms and conditions herein and the
use of the Handbook is the law of Malaysia. |
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9.2 |
By accessing and/or using this
Handbook, you agree and accept that any disputes arising from or in
connection with your access or use of this Handbook or the material
contained therein, shall be governed by the Malaysian courts of law. |
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