TERMS OF USE
PLEASE READ THE TERMS OF USE CAREFULLY BEFORE USING OUR SITES.
Your access and use of any of our websites, online platforms and/or mobile applications (collectively “our Sites”), which is made available to you by IIPCC Malaysia Bhd. (“IIPCC Malaysia”, “we”, “our” or “us”) is subject to this Terms of Use and all other terms and conditions/policies/notices which you may find throughout our Sites in connection to the services and features provided by or through our Sites, all of which is deemed a part of and included within this Terms of Use (collectively, “Terms and Conditions”).
SECTION 1. Acknowledgment & Acceptance of Terms of Use
By accessing or using our Sites, you acknowledge that
you have read, understood and agreed, without any limitation or qualification,
to be bound by this Terms of Use, which may be amended by IIPCC Malaysia at any
time and from time to time.
You represent that you are legally able to accept this Terms of Use, and affirm
that you are of the capacity to form a binding contract. If you do not agree to
this Terms of Use, you must discontinue your use of our Sites.
IIPCC Malaysia reserves the right to amend, update or vary this Terms of Use at
any time. Notification of such revision shall be posted on our Sites and/or
other means of communication deemed suitable by IIPCC Malaysia. It is your
responsibility to check our Sites from time to time to stay informed of any
revisions to this Terms of Use. Your continued use of and/or access to our
Sites following the posting of any such revision constitutes acceptance of the
revision.
SECTION 2. General Conditions
Access and/or use of the services and features on our
Sites shall be subject to additional terms and conditions/policies/notices
referred herein and/or made available by hyperlink.
You understand that your information (not including credit/debit card
information and bank account details), may be transferred unencrypted and
involve (a) transmissions over various networks; and (b) changes to conform and
adapt to technical requirements of connecting networks or devices. For the
avoidance of doubt, credit/debit card information and bank account details
shall always be encrypted during transfer over networks.
SECTION 3. Products and Services
Information – Purchase of any products or
services on our Sites shall be subject to additional terms and
conditions/policies/notices referred herein and/or made available by hyperlink.
All photos, images and videos of products and services used and displayed on
our Sites are solely for illustration purposes only; actual item/colour may
vary. If you are not based in Malaysia i.e. being an international visitor to
our Sites, you should not rely on information contained in our Sites, including
without limitation specifications or pricing.
Quantity & Quality – Certain products or services may be
available exclusively through our Sites. These products or services may have
limited quantities. IIPCC Malaysia reserves the right to limit the quantities
of any products or services that IIPCC Malaysia offers. We do not warrant the
quality of any products or services purchased by you will meet your
expectations.
Modification – We reserve the right at any time to modify or
discontinue our products or services (or any part thereof) without notice at
any time. Prices for our products and services are subject to change without
notice. IIPCC Malaysia shall not be liable to you or to any third party for any
modification, price change, suspension or discontinuance of the products and
the services.
Refusal – IIPCC Malaysia reserves the right to refuse providing the
products and services available in our Sites to anyone for any reason at any
time.
SECTION 4. Third Party Links
Our Sites may contain links to other websites, online platforms and/or resources that are not affiliated with us (“Third Party Links“). You acknowledge and agree that IIPCC Malaysia is not responsible for the contents of any such Third Party Links. Your use of any of the Third Party Links is at your own risk. IIPCC Malaysia does not warrant the offerings of such Third Party Links, nor does IIPCC Malaysia assume any responsibility or liability for the actions, contents, products, or services of such Third Party Links, including, without limitation, its privacy policies, terms of use and other terms and conditions. You should carefully review and understand the privacy policies, terms of use and other terms and conditions of all such Third Party Links that you visit before you engage in any transaction.
SECTION 5. Personal Information
IIPCC Malaysia recognises that your privacy and your
personal information are very important to you. Your submission of personal
information through our Sites is governed by our Privacy Notice and the same is
detailed in this link https://www.myipcomm.com/privacy-policy/
SECTION 6. Intellectual Property
All information and content available on our Sites and its “look and feel”, including but not limited to the logos, service marks, texts, graphics, button icons, images, audio clips, data compilations and software, and the compilation and organisation (collectively, the “Content”) are the intellectual property of IIPCC Malaysia and the same are protected under applicable copyrights, trademarks, registered trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such Content or any part of our Sites is strictly prohibited.
SECTION 7. Your Obligations and Responsibilities
Use of our Sites – In the access
or use of our Sites, you shall comply with the Terms and Conditions and the
special warnings or instructions for access or use posted on our Sites. You
shall always act in accordance with the law, custom and in good faith. You
shall not make any changes or alterations to our Sites or any Content, services
or features that may appear on our Sites and shall not impair in any way the
integrity or operation of our Sites. Without limiting the generality of any
other provision of the Terms and Conditions, if you negligently or wilfully
default in any of the obligations set forth in the Terms and Conditions, you
shall be liable for all losses and damages suffered or incurred or may be
incurred by IIPCC Malaysia, its affiliates, partners or licensors, as a result
thereof.
Payments – You represent and warrant that if you make any payment
transaction on our Sites for the purchase or rental of any products or services
from IIPCC Malaysia that (i) any credit/debit card information or bank account
details you supply is true, correct, complete and current, (ii) charges
incurred by you will be honoured by your credit/debit card provider, and (iii)
you will pay the charges incurred by you as stated on our Sites, including any
applicable taxes.
Your Account – You may choose to create an account on our Sites if
you are eighteen (18) years of age and above wherein you will have a username
and password for your account. You are responsible for maintaining the
confidentiality of your account, username and password and for restricting
access to your mobile device and account. Your username and password are
intended for your use only. You agree that you will not share your username
and/or password with anyone. You agree to accept responsibility for all
activities that occur with your permission or authorisation under your account,
username and/or password, or because you fail to maintain sufficient security
over your account, username and/or password. For the avoidance of doubt, IIPCC
Malaysia reserves the right to refuse service and/or terminate your account
without prior notice if the Terms and Conditions are violated, if our Sites is
discontinued or for good cause.
Your Information – You are responsible for keeping your account
information current, complete accurate and truthful. Please note that your
account may be terminated without notice if IIPCC Malaysia determines that
false or misleading information has been provided.
SECTION 8. User Content
When you transmit, upload, post, email or otherwise
make available data, text, software, music, sound, photographs, graphics,
images, videos, messages or other materials (collectively, “User Content”)
on our Sites, you are entirely responsible for such User Content. You
acknowledge and agree that IIPCC Malaysia will not be responsible for any User
Content.
You agree not to engage in or assist or encourage others to engage in
transmitting, uploading, posting, emailing or otherwise making available on our
Sites any User Content that (a) is unlawful, harmful, threatening, abusive,
harassing, tortious, defamatory, vulgar, obscene, pornographic, libellous,
invasive of another’s privacy, hateful, or racially, ethnically or otherwise
objectionable; (b) you do not have a right to make available under any law or
under contractual or fiduciary relationships; (b) is known by you to be false,
inaccurate or misleading; (d) you were compensated for or granted any
consideration by any third party; or (e) infringes any patent, trademark, trade
secret, copyright or other proprietary rights of any party.
In addition, you agree not to transmit, upload, post, email, or otherwise make
available any software viruses, unsolicited or unauthorized advertising, solicitation
or promotional material, including chain letters, mass mailings, or any form of
“spam”. You further agree not to (a) impersonate any person or
entity, or falsely state or otherwise misrepresent your affiliation with any
person or entity; (a) “stalk” or otherwise harass including
advocating harassment of another, entrap or harm any third party including
harming minors in any way; (c) forge headers or otherwise manipulate
identifiers in order to disguise the origin of any User Content; (d) intentionally
or unintentionally violate any applicable local, state, national or
international law; or (e) collect or store personally identifiable data about
other users.
You acknowledge that IIPCC Malaysia has the right (but not the obligation) in
its sole discretion to refuse to post or remove any User Content and IIPCC
Malaysia reserves the right to change, condense, or delete any User Content.
Without limiting the generality of the foregoing of any other provision of the
Terms and Conditions, IIPCC Malaysia has the absolute right to remove any User
Content that violates the Terms and Conditions or is otherwise objectionable
and IIPCC Malaysia reserves the right, without prior notice, to refuse service
to and/or terminate accounts of any users who violate these Terms and
Conditions or infringe the rights of others.
SECTION 9. Consent to Receive Notices Electronically by Posting on the Site and Via Email
You consent to receiving any agreements, notices,
disclosures and other communications (collectively, “Notices“)
to which this Terms of Use refer from IIPCC Malaysia electronically including
without limitation by email or by notices posted on our Sites. You agree that
all Notices that IIPCC Malaysia provides to you electronically satisfy any
legal requirement that such communications be in writing. To withdraw your
consent to receive Notices electronically, you must notify IIPCC Malaysia of
your withdrawal of such consent by contacting via the email at enquiry@myipcomm.com
and discontinue your use of our Sites. In such event, all rights granted to you
pursuant to the Terms and Conditions, shall automatically terminate.
Please note that this consent to receive Notices is entirely separate from any
election you may make with respect to receipt of marketing communications. Your
options with respect to receipt of marketing communications are set forth in our
privacy note https://www.myipcomm.com/privacy-policy/
SECTION 10. Disclaimer
The information on our Sites are presented “as is”,
“as available,” and all warranties of any kind whatsoever, express or implied,
are disclaimed (including but not limited to the disclaimer of any implied
warranties of merchantability and fitness for a particular purpose).
The information, services and features on our Sites may contain bugs, errors,
problems or other limitations. IIPCC Malaysia shall owe no liability whatsoever
for your use of any such information, services or features. In particular, but
not as a limitation, IIPCC Malaysia is not liable for any indirect, special,
incidental or consequential damages (including damages for loss of business,
loss of profits, litigation, or the likes), whether based on breach of
contract, breach of warranty, tort (including negligence), product liability or
otherwise, even if advised of the possibility of such damages. No advice or
information, whether oral or written, obtained by you from IIPCC Malaysia through
our Sites shall create any warranty, representation or guarantee not expressly
stated in the Terms and Conditions.
You agree to defend, indemnify and hold IIPCC
Malaysia, its parent company, affiliates, partners, licensors, officers,
directors, employees, and agents (the “Indemnified Parties”) harmless
for any losses, damages or costs, including reasonable attorneys’ fees,
resulting from any third party claims, actions, or demands arising from your
use of our Sites or the Content in violation of any law, rule, regulation or
the Terms and Conditions. You also agree to indemnify the Indemnified Parties
for any losses, damages, or costs, including reasonable attorneys’ fees,
resulting from your use of software robots, spiders, crawlers, or similar data
gathering and extraction tools, or any other action you take that imposes an
unreasonable burden or load on IIPCC Malaysia’s infrastructure.
SECTION 12. Limitation of Liability
To the fullest extent permitted by law, you agree
that IIPCC Malaysia shall not be responsible or liable in contract, warranty or
in tort (including negligence) for any (a) interruption of business; (b) access
delays or access interruptions to our Sites; (c) non-delivery, misdelivery,
corruption, destruction or other modification of data; (d) loss or damages of
any sort incurred as a result of dealings with the presence of any Third Party
Links on our Sites; (e) computer viruses, system failures or malfunctions which
may occur in connection with your use of our Sites, including during use of any
Third Party Links; (f) any inaccuracies or omissions in the Content; or (g) any
event beyond IIPCC Malaysia’s reasonable control.
IIPCC Malaysia shall not be liable for any indirect or consequential losses
under the Terms and Conditions or the use of our Sites.
IIPCC
Malaysia reserves the right to upgrade, modify, suspend or discontinue the
provision of or remove, whether wholly or partly, the Platform, from time to
time and without giving any reason or prior notice. You agree that IIPCC
Malaysia shall not be liable to you or any third party if any such upgrade,
modification, suspension, discontinuation or removal prevents you from
accessing the Platform and/or the services and features contained in the Platform.
You agree and acknowledge that IIPCC Malaysia reserves the right in its
absolute discretion and without notice at any time to restrict, suspend, or
terminate your access to all or any part of our Sites, without assigning any
reason whatsoever, including without limitation if you breach the Terms and
Conditions. You agree that IIPCC Malaysia shall not be liable to you or any
third party for any restriction, suspension or termination of your access to
our Sites.
SECTION 14. Disputes and Liability
With
respect to any dispute, claim, or controversy regarding our Sites, all rights
and obligations and all actions contemplated by the Terms and Conditions shall
be governed by the laws of Malaysia.
The courts of Malaysia shall have exclusive jurisdiction over any disputes
arising out of the Terms and Conditions or the use of our Sites.
SECTION 15. Entire Agreement
You acknowledge and agree that this Terms of Use constitute the complete and exclusive agreement with IIPCC Malaysia concerning your use of our Sites, and supersedes all prior proposals, agreements, or other communications.
SECTION 16. Miscellaneous
Nothing contained in this Terms of Use shall be construed as creating any agency, partnership, or other form of joint enterprise with IIPCC Malaysia. IIPCC Malaysia’s failure to require your performance of any provision hereof shall not affect its full right to require such performance at any time thereafter, nor shall IIPCC Malaysia’s waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of this Terms of Use shall be unenforceable or invalid under any applicable law or be so held by any applicable court decision, such unenforceability or invalidity shall not render this Terms of Use unenforceable or invalid as a whole but this Terms of Use shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision.