Terms of Services

Effective Date: 01.05.2020

iComSec Website Terms of Service

1. Introduction

  1. These Terms of Service (“TOS”) is a binding agreement between you (“your”, ”user” as the case may be) and IComSec Sdn Bhd [Registration no. 200701003498 (761496-M)] (hereinafter referred to as “iComSec”, “we”, “us” or “our”, as the case may be).

  2. This TOS governs and regulates the performance and delivery of our services to you through our website www.iComSec.com.my (“Website”) or any direct sub-domains, subpages, redirected sub-domains, subpages and any other web display pages directly and indirectly correlated to www.iComSec.com.my (collectively, including all related documentation and associated software, “Platforms”).

  3. By clicking “Submit” you unconditionally acknowledge and agree that:

    1. you have read and understood this TOS;

    2. you are of legal age to enter into a binding agreement; and

    3. you are legally bound by this TOS.

  4. Please read and understand this TOS carefully before continuing to use or access our services, as it contains important information regarding your legal rights and remedies. This TOS should be read in conjunction with our Website Terms of Use and Privacy Policy. If you do not understand this TOS, or any services or products we provide, you should contact us at our contact number(s) provided on the Website or via enquiry@iComSec.com.my before placing any order, filling any forms and/or sending us any information.

  5. We reserve the right, in our sole and absolute discretion, to alter, modify, vary, amend, change and/or update this TOS, and any policies or agreements which are incorporated herein at any time as we deem fit and with reasonable notice to you (for example, by posting an update on the Platforms, or by emailing the updated TOS to you at your last known e-mail address). Such alterations, modifications, variations, amendments, changes and/or updates to this TOS shall be effective on the “Effective date” as stated hereinabove and/or upon the posting of an updated version on the Platforms. You agree that it shall be your sole responsibility and obligation to review this TOS and its corollary agreements, terms and conditions etc. regularly (with or without notice to you by us) to ensure that your understanding of this TOS is current and up to date and you understand the terms and conditions that apply to your access to, and use of, the relevant services.

  6. Your non-express termination or continued access to and use of the relevant services after the effective date of any alterations, modifications, variations, amendments, changes and/or updates of the same constitutes your acceptance of, and agreement to be bound by, the revised TOS.

  7. If you do not agree to this TOS or with any subsequent alterations, modifications, variations, amendments, changes and/or updates thereto, you may terminate this TOS in accordance with Clause ‎13.4 of this TOS. If you have any questions regarding this TOS, kindly contact us at enquiry@iComSec.com.my or consult with a legal professional before proceeding with the engagement of the relevant services provided herein.

2. Placing of an Order

  1. When you place an order for any service or product using the online facilities or tools provided on the Platforms, you make an offer to purchase the requested service or product in accordance with this TOS (“Order”).

  2. When you place an Order with us, you will receive a message via an email from us acknowledging that we have received and are processing and/or reviewing your Order.

  3. Your Order constitutes an offer to us to purchase the relevant service(s) and/or product(s) and is subjected to acceptance by us in our sole and absolute discretion. We will confirm such acceptance of the Order by sending you a message via an email confirming our acceptance (or with wordings of a similar nature).

  4. Each Order, once accepted by us, becomes a service contract and shall immediately constitute a separate and independent binding contract between you and us while incorporating this TOS.

  5. We reserve the right to decline or refuse any such offers or requests in our sole and absolute discretion without providing a reason thereto.

3. Status

  1. By submitting an Order to us, you expressly represent and warrant that (a) you are legally entitled to accept and agree to this TOS; (b) you are at least eighteen (18) years of age; (c) you are duly authorised to submit the Order; and (d) you intend to enter into a legally binding contract with us if we accept your Order.

  2. Without limiting the generality of the foregoing, the services herein are not available to natural persons or individuals under the age of eighteen (18) or such persons or entities (natural or otherwise) that are forbidden for any reason whatsoever to enter into a contractual relationship.

4. Price and Payment

  1. When you make an online payment to us for any service or product, your payment is processed by our secured third-party payment gateway provider. The payment gateway provider will store your banking, e-wallet or debit/credit card details securely, without us having access to the details. Our systems only retain details of the last 4 digits of your card or bank account number for reference purposes. The last 4 digits are recorded in the finance (or equivalent) section of your registered user account with the Platforms.

  2. The processing of payments or credit, if applicable, in connection with your use of the Platforms or our services is subjected to the terms and conditions and data protection guidelines of the payment gateway provider and your financial institution or credit card company. We are not responsible for any errors made by the payment gateway provider. In connection with your use of the relevant services, we will receive certain transaction details that we will use exclusively in line with our Privacy Policy.

  3. We will not be held liable for any loss or damage, including theft or fraud, arising directly or indirectly from:-

    1. our failure or omission to protect your personal data from being seen by other persons or otherwise obtained by other persons when you enter your payment details online;

    2. your failure to provide accurate information in the course of the online payment process; or

    3. any other reasons in connection with the specified mode of payment.

  4. We shall not be liable for any delays by the third-party payment gateway provider in processing charges or refunds to you or if your bank account and/or debit/credit card and/or e-wallet has been used in a fraudulent manner.

  5. The services provided by us or the Platforms to you are charged in Ringgit Malaysia (MYR). Payment received means when money is confirmed as having been deposited in our bank account as cleared funds.

  6. The prices shown on our Platforms are exclusive of applicable sale and services tax (“SST”), government filing fees and stamp duties. The total purchase/transaction price, including SST and any other applicable fees and duties will be displayed in your shopping cart upon checkout and prior to confirming the order. For government filing fees and stamp duties, we shall process all payments made by you by acting on your behalf. All monies charged are payable immediately.

  7. You remain liable for the payment of the applicable taxes and you shall pay all our invoices, where applicable, in full, free of any withholding and/or deductions for applicable taxes and bank charges.

  8. We reserve the right to change, modify and/or update the prices and fees on the Platforms and to change, or withdraw any service or product at any time. Such changes or modifications shall be posted on the Platforms and be effective immediately without the need for further notice to you. Every effort is made to ensure that the prices and fees shown on the Platforms are correct and accurate, but in the event of serious error, any transaction shall be voidable by us and you would then be entitled to a full refund of any payments made by you before the error is identified and rectified.

  9. If you have purchased or obtained services for a period of months or years, changes or modifications in prices and fees shall be effective when the services in question come up for renewal, as further described below.

  10. If you fail to make any payment due, you will be advised in writing and we reserve the right to terminate the service with immediate effect. If any payment remains outstanding for more than one (1) calendar month after you have been advised in writing, we reserve the right to charge an interest of 8% per annum on the sum total of such outstanding payment(s) together with any reasonable debt collection charges we may incur in pursuing the recovery thereof. Such interest shall accrue from the date when the payment is due until the date when the full payment is received by us. We further reserve the right to suspend/terminate the service if any payment remains outstanding for more than one (1) calendar month.

5. Information Provided to the Suruhanjaya Syarikat Malaysia (“SSM”)

  1. When you place an Order with us, you are deemed to have authorised us to provide all necessary information to the SSM in order to incorporate a new company or to update existing company records on your behalf. These will, where applicable, include personal information relating to the directors and shareholders of the relevant company which have been provided to us and/or are in our records. If you are acting as an agent or representative for a third party, you undertake to comply with Clause ‎3.1(c) of this TOS.

  2. You undertake to ensure that all relevant information provided to us which are to be submitted to the SSM:

    1. are provided in a pro-active, responsive and/or timely manner; and

    2. are correct, complete, accurate, and not misleading;

  3. You shall notify us immediately if there are changes to the information which you have provided to us in carrying out the relevant services on your behalf.

  4. We process your Orders on the basis that you have given us full and proper instructions and, if ordering on behalf of a third party, that you are authorised to place the said Orders. When you place an Order with us you are giving us the authority to lawfully process your instructions.

6. Continuous Payment Authority

  1. In order to ensure that you do not experience an interruption or loss of the relevant services, most services offer an automatic-renewal option. The automatic-renewal option automatically renews the applicable service for a renewal period equal in time to the most recent service period. Therefore, unless you disable the automatic-renewal option, we will automatically renew the applicable service when it comes up for renewal and will process the necessary payments in accordance with the payment method that we have on file for you.

  2. You may enable or disable the automatic-renewal option at any time. However, should you elect to disable the automatic-renewal option, and you fail to manually renew your services before they expire, you may experience an interruption or loss of services, and we shall not be liable to you or any third party regarding the same.

  3. In addition to the above, we may participate in “recurring billing programs” or “account updater services” supported by your banking, e-wallet, and/or debit/credit-card provider (and ultimately dependent on your bank’s participation). If you are enrolled in an automatic-renewal option and we are unable to successfully charge your existing payment method, your banking, e-wallet, debit/credit-card provider (or your bank) may notify us of updates to your banking, e-wallet, debit/credit-card number and/or expiration date, or they may automatically charge your new banking, e-wallet, debit/credit card on our behalf without notification to us. In accordance with recurring billing program requirements, in the event that we are notified of an update to your banking, e-wallet, debit/credit-card number and/or expiration date, we will automatically update your payment profile on your behalf. We make no guarantees that we will request or receive updated banking, e-wallet, debit/credit-card information. You acknowledge and agree that it is your sole responsibility to modify and maintain your account settings with your finance provider, including, but not limited to:

    1. setting your renewal options; and

    2. ensuring your associated payment methods are current and valid.

  4. Further, you acknowledge and agree that your failure to do so may result in the interruption or loss of services, and we shall not be liable to you or any third party regarding the same.

  5. If we are, for any reason whatsoever, unable to charge your payment method for the full amount owed for the relevant services provided, or if we receive notification of a chargeback, reversal or payment dispute, or are charged a penalty for any fee we previously charged to your payment method, you agree that we may pursue all available lawful remedies in order to obtain payment, including, but not limited to, immediate cancellation, without notice to you, of any services registered or renewed on your behalf. We also reserve the right to charge you reasonable administrative fees or processing fees for:

    1. tasks which we may perform outside the normal scope of the relevant services;

    2. additional time and/or costs we may incur in providing the services; and/or

    3. your non-compliance with this TOS (as determined by us at our sole and absolute discretion).

  6. Typical administrative or processing fee scenarios include, but are not limited to:

    1. customer service issues that require additional personnel time and/or attention from our end; and

    2. recouping any and all costs and fees, including the cost of services incurred by us as a result of chargebacks or other payment disputes brought by you, your bank or payment-method processor.

  7. You agree that these administrative fees or processing fees shall be charged to the payment method we have on file for you.

7. Processing and Delivery Time

  1. We provide an online company incorporation/limited liability partnership registration service for different types of business entities in Malaysia which requires the submission of the relevant information to SSM. You acknowledge that all required information shall be provided to us by you through the Platforms. It is your responsibility to ensure that the information provided is correct, accurate, and up to date. We do not accept any liability for errors or omissions in the information provided to SSM on your behalf.

  2. We further disclaim liability of whatsoever nature if your application for the incorporation of your company or the registration of your limited liability partnership is rejected by SSM for whatsoever reason(s) beyond our control.

  3. When you select a name for your company/business/partnership registration, we warrant that we will only make an application to SSM for the registration of the very name selected by you and provide no guarantees whatsoever that the said name will be approved by SSM for registry.

  4. We will submit your applications to SSM using SSM’s electronic filing system ( known as “MyCOID”). If you have completed our application forms correctly, provided all the information required and if the proposed name of the company is not already in use or rejected, SSM will normally complete your application within one (1) to two (2) working days. All company/business/partnership incorporation is completed by and subject to SSM’s operating systems. Delays may arise due to SSM’s systems failure or other circumstances beyond our control including the provision of incorrect information to us by you upon placing the order. We do not accept liability for any losses or damages arising from any delays or prolongments in the lead time to complete your Order and/or instructions.

  5. While every effort may be made by us to submit your application(s) for the incorporation of your company/business/partnership to SSM at the earliest available opportunity, you nevertheless agree to grant to us a turnaround time of up to fourteen (14) working days from the date we receive your Order(s)/instructions to the date we submit the relevant application(s) to SSM on your behalf. You agree that we may only be held liable for any delays in submitting the relevant application(s) to SSM which exceed the 14 working days turnaround time.

  6. Upon successful registration of your company/business/partnership with SSM, a copy of the certificate of incorporation will be emailed to you at your last known address free of charge. Should you request for additional documents not provided at the time of incorporation, you shall be charged for any additional fees incurred to obtain such documents. If you request for such documents to be sent by post, we cannot guarantee such documents will arrive to you within a specified period especially since this is subject to the delivery and courier companies’ delivery times and schedules.

8. Pre-Submission Review

We may review your Company Incorporation Form(s) and/or documents prior to submission of the same to SSM to ensure that all necessary paperwork is submitted without any obvious errors so that the incorporation of your company is achieved without unnecessary delays. It will also ensure that you do not unknowingly make any potentially costly mistakes. For the avoidance of doubt, the said review does not extend to a review of documents you upload to our Platforms or the spelling of officers’, partners’ and shareholders’ names. You are responsible to ensure the accuracy and completeness of all information and documents you submit and the proper spelling of the names of the relevant individuals and/or entities.

9. Services Not Provided

  1. Our services do not extend to include any of the following services in respect of any of the packages and/or products we offer for sale on our Platforms:

    1. Audit services;

    2. Legal services; and

    3. Any other services not expressly mentioned herein.

  2. We strongly recommend that you seek independent advice before engaging our services as defined herein. If you have not yet taken such advice, we would advise you to not proceed with any purchase until you have done so.

  3. We may (but are not obligated to), for your ease and convenience, provide recommendations to you for third-party service providers which we in our opinion deem may assist or be helpful to you or enhance your experience and the smooth process of the relevant services provided to you. You agree that recommendations of these nature are merely recommendations for your consideration only and in no way constitutes our endorsement of the same. Any contract and/or agreement entered into between you and the third-party service provider(s) are independent and are deemed to be distinct and separate from this TOS as well as our services and we shall bear no responsibility nor liability for any loss or damages arising out of your engagement of any third-party service providers recommended by us. We make no representations as to the suitability, fitness, and/or quality of any third-party service providers and you are advised to carry out your own due diligence before engaging the same.

10. Registered Office Service

  1. By subscribing to our “Registered Office Service” (or services of similar nature), and without a confidential post upgrade, you agree that we may, and are authorised to open, scan and deposit the scanned copy of all official posts addressed to and received at the registered address by us on your behalf in our file storage facility which we may provide to you. The file storage facility allows you to view, store and download your any such scanned copies.

  2. By subscribing to our “Registered Office Service” (or services of similar nature), and without a confidential post upgrade, you agree that we may keep all original hard copies of your official posts for up to One (1) month at the relevant registered address and shall then be irrevocably authorized to securely shred and dispose of the same. You may request for the original hard copies of your official posts within the aforementioned 1-month period. A handling fee will be charged for retrieving any document(s) from our physical file storage during the said period.

  3. When you subscribe to our “Registered Office Service” (or services of similar nature), you are deemed to have authorised us to receive and process your company’s/business’s/partnership’s official post. We are not responsible for any losses arising from any act, omission, neglect, failure or delay by us, our employees or our agents in the course of receiving, processing scanning, sorting or forwarding your post.

  4. We accept no responsibility for the failure of any post which are intended to be delivered to our offices.

  5. We reserve the right to reject any mail that is not official post for your company.

  6. Subscribers to our “Registered Office Service” shall not be entitled to use any registered address(es) provided by us for any legal agreements, mobile phone contracts or for property/vehicle registration purposes.

  7. We reserve the right to cancel the provision of our “Registered Office Service” with immediate effect should we believe that you have caused a risk to our reputation, our business, or have breached any terms under this TOS or its corollary agreements. Cancellations in such circumstances shall not entitle you to a refund, either in full or in part, of any subscription monies paid by you for the relevant service we are providing. In the event of such cancellation, we shall immediately apply to SSM to have our address removed from the public records by submitting the form of notification for change in the registered address to SSM.

  8. It is your sole responsibility to ensure that all payments for the renewal of the relevant services rendered to you by us are fully defrayed when such payments fall due. If any payment for the renewal of the relevant services has not been made on or before the renewal date, we reserve the right to terminate the relevant service and your post will not be accepted and you will need to advise SSM of the change of address within one (1) month from the termination. If you do not do so, we reserve the right to carry out the same on your behalf and will advise SSM by submitting the form of notification for change in the registered address to SSM.

  9. If you wish to arrange for a collection of any parcel or item or post received on your behalf, we require two (2) working days’ notice in order to have the parcel, item, or post ready for you. You will also be required to present your ID to the reception when collecting the parcel, item, post or document. You agree that we may charge a handling fee relating to the any such collections.

  10. Parcels, items, posts, and/or documents shall only be collected during our office hours on a working day.

  11. If you choose to cancel your subscription to the relevant service and/or fail to renew the same, we will retain any documents stored in our file storage facility previously provided to you for three (3) calendar months only, and may delete them thereafter without further notice to you.

11. Refunds and Cancellation

  1. In the event that you have purchased a company/business/partnership incorporation package with iComSec but have since changed your mind prior to our submission of the relevant company/business/partnership details to SSM, we will refund to you all the monies paid to us, provided that your written request for a refund is received within twenty one (21) working days from the date of purchase.

  2. Refunds will not be entertained for any incorporation package or any part thereof once the necessary applications have been submitted by us to SSM.

  3. If your incorporation application is rejected by SSM, you shall not be entitled to a refund for the relevant services purchased from us.

  4. No refund shall be given for the cancellation of any Orders (including any and all elements or parts of an Order), resulting from your failure to comply with our anti-money laundering procedures.

  5. Where you have made advance payments in respect of the company secretarial services and the said services are terminated in accordance with Clause ‎13 of this TOS, you will be entitled to a refund of the advance payments made to us the exact amount of which to be pro-rated based on the date of cancellation. No refund will be given in any other circumstances.

  6. If you place an Order for a product (such as for the making of company seals etc.) or service with us and you have a change of mind, and provided that you have notified us within one (1) working day of your placing of the Order or service and we have not commence the relevant work on your Order or placed your Order with a third party, you will be due for a refund of the fees relating to the cancelled element of the Order. No refund will be given in any other circumstances.

  7. You acknowledge and agree that where refunds are issued to your payment method provider on record, our issuance of a refund receipt is only confirmation that we have submitted your refund to the payment method charged at the time of the original sale, and that we have absolutely no control over when the refund will be applied towards your payment method’s available balance. You further acknowledge and agree that the payment provider, and/or the individual issuing bank associated with your payment method, establish and regulate the time frames for posting your refund, and that such refund-posting time frames may range from five (5) working days to a full billing cycle, or longer.

12. Confidentiality

  1. Neither party shall, without the prior written approval of the other party, disclose information that belongs to the other party that is by its nature considered confidential. A party will not be in breach of this clause in circumstances where it is legally compelled to disclose the other party’s confidential information.

  2. Each party will take reasonable steps to ensure that its employees and agents, and any subcontractors engaged for the purposes of this TOS do not make public or disclose the other party’s confidential information. Notwithstanding any other provision of this clause, a party may disclose the terms of this TOS (other than confidential information of a technical nature) to its related companies, solicitors, auditors, insurers and accountants. This clause shall survive until the termination of this TOS.

13. Termination

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  1. We may terminate this TOS at any time without notice if we cease to support the Platforms, which we may do so at our sole and absolute discretion.

  2. In addition to the above, this TOS may be terminated immediately and automatically without any notice to you if you breach or threaten to breach any of the terms and conditions of this TOS or our Website Terms of Use.

  3. You may terminate this TOS by providing to us one (1) calendar months’ notice in writing that you no longer wish to engage the relevant services provided by us.

  4. You acknowledge and agree that iComSec may terminate your password or user account or deny your access to all or part of the Platforms without prior notice if you engage in any conduct or activities that iComSec at its sole discretion believes violate any of the terms and conditions herein or violate the rights of iComSec, or is otherwise inappropriate for continued your access to the Platforms and engagement with the relevant services.

  5. You acknowledge and agree that iComSec may, at its sole discretion, deny your access through the Platforms to any materials stored on the Platforms, or to access third party services, merchandise or information on the Internet through the Platforms, and iComSec shall have no responsibility to notify any third-party providers of services, merchandise or information nor any responsibility for any consequences resulting from such lack of notification.

  6. Upon the termination of this TOS:

  7. all rights granted to you under this TOS shall also be terminated;

    1. you must cease all use of the Platforms; and

    2. iComSec will provide reasonable assistance necessary to enable the transfer of data, documentation and records to you or a third party nominated by you at your cost and expense. For this purpose, we will retain all relevant data for a period of three (3) calendar months after account termination.

    3. Termination will not limit either party’s rights or remedies at law or in equity.

  8. This TOS shall be effective upon your electronic acceptance of the same and shall continue in effect until terminated by you or by us.

14. Indemnity

  1. You agree to indemnify, defend and hold harmless and keep indemnified, defended and held harmless iComSec and its licensors, officers, directors, partners, employees, agents, affiliates, successors and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable advocates’ and solicitors’ fees, arising from or relating to your use or misuse of the Platforms or the placement or transmission of any message, information, software or other materials through the Platforms by you or users of your user account or related to any breach of this TOS by you or users of your user account.

15. Disclaimer of Warranties

  1. The Platforms are provided to you on an “as is where is” basis and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, iComSec, on its behalf and on behalf of its affiliates and its service providers, expressly disclaims all:

    1. conditions and warranties, whether express, implied, statutory or otherwise, with respect to the Platforms including but not limited to the commercial and non-commercial merchantability, quality, fitness, purpose, title, non-infringement and any implied terms and warranties of the Platforms;

    2. representations, by any means, as to the availability, accessibility, uninterrupted access, operation, performance of the Platforms or any other products or services accessed via the Platforms; and

    3. indemnification arising from course of dealing or course of performance in connection with this TOS.

  2. No advice or information, whether oral or written, obtained by you from the Platforms or any materials or content available through the Platforms shall be deemed to have created any warranty that is not expressly stated in this TOS. You assume all risk for any damage that may result from your use of or access to the Platforms, and any material or content available through the Platforms.

  3. iComSec does not warrant the accuracy, completeness or adequacy of any information or material contained on the Platforms. Nothing contained on the Platforms is intended to be used or construed as professional advice, nor as substitute for independently sourced professional advice.

  4. Without limitation to the foregoing, we provide no warranty or undertaking, and make no representation of any kind that the Platforms will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without any interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

16. Limitation of Liability

  1. In no event will iComSec, its affiliates and their respective licensors, shareholders, members, directors, partners, officers, employees, attorneys, agents, representatives, suppliers or contractors be liable for any incidental, direct, indirect, special, punitive, consequential or similar damages or liabilities whatsoever (including, without limitation, damages for loss of data or exposure of data, information, revenue, profits or other business or financial benefit) arising out of or in connection with the Platforms, any performance or non-performance of the Platforms, or any other product, service or other item provided by or on behalf of iComSec.

  2. You agree that iComSec bears no liability or responsibility for the deliberate or accidental deletion, failure to store, theft, misappropriation or loss of, by any means, of any data due to your actions in using the Platforms including but not limited to failure to apply strong passwords.

  3. Access to, and the use of, the Platforms are entirely at your own discretion and risk. You understand and agree that you will use the Platforms, and use, access, download, or otherwise obtain materials or content through the Platforms, at your own discretion and risk, and that you are solely responsible for any damage to your property (including your computer system or any other electrical mobile device used in connection with the Platforms), or the loss of data that results from the use of the Platforms or the download or use of any Content.

  4. iComSec has no special relationship with or fiduciary duty to you or any other third party. You agree and acknowledge that you are solely responsible for conducting a full and diligent review of any and all legal, accounting, regulatory or tax related implications that may result from your use of Platforms and it is your responsibility to ensure that you engage the service or combination of services and goods on the Platforms which best suit your needs. Prior to accessing the Platforms, we recommend that you consult with a qualified professional who is fully aware of your circumstances and requirements.

  5. iComSec will not be held liable for any damage resulting from or in connection with a contract between you and a third-party service provider listed on the Platforms. The quality of the goods or services provided is the full responsibility of the third-party service provider that provides the said goods or services. Under no circumstances will iComSec accept any liability for and/or in connection with the goods or services provided by the third-party service provider or any other actions or omissions on the part of the third-party service provider. Any complaints related to the goods or services or the third-party service provider should therefore be addressed to the third-party service provider directly.

  6. Should you contact us regarding a complaint against or a dispute with a third-party service provider, we will refer such complaint or dispute to the third-party service provider. Should a third-party service provider contact us regarding a complaint against or a dispute with you, we will refer such complaint or dispute to you.

  7. In the event that any limitation or exclusion of liability in this TOS is not enforceable for any reasons whatsoever, our total liability for any claim arising out of or relating in any manner to the access and/or use (or inability to access and/or use) of the Platforms is limited to Ringgit Malaysia One Hundred (MYR 100) only. This does not affect your statutory or common law rights.

 

17. Right to Investigate

  1. We reserve the right in our sole discretion to investigate complaints, actual, potential or alleged violations of this TOS or other agreements applicable to us and any actual, potential or alleged violations of applicable law, but we undertake no obligation to do so.

  2. In connection with any such investigation, we may take any action we deem appropriate including and without limitation to, reporting any suspected unlawful activity to law enforcement officials, regulators or other third parties, and disclosing any information necessary or appropriate to such persons relating to your profile, e-mail address, usage history, posted materials, IP addresses and traffic information.

  3. We are obliged to undertake periodic due diligence checks on clients to which we are providing ongoing services. Should any of our checks result in the discovery of any illegal or unethical, we reserve the right to terminate the provision of our service to you, your access to, or use of, the Platforms, without notice and without any refunds whatsoever.

18. Force Majeure


You acknowledge and agree that we have no control over the availability of the Platforms on a continuous or uninterrupted basis, and that we assume no liability to you or any other party with regard thereto. We are not responsible or liable for failure or delay of performance caused by acts of war, hostility, or sabotage; acts of God (inclusive of floods, hurricanes, fires, endemics, epidemics and/or pandemics etc.); electrical, internet or telecommunication shortage or outage; interruption or failure of telecommunication or digital transmission links; hostile network attacks; network congestion; national, state, or local government restrictions or intervention; or any other event that is beyond our reasonable control, whether foreseeable or not (“Force Majeure Event”).

19. Invalidity and Severability

  1. If any provision of this TOS is or may become under any written law, or is found by any court or administrative body or competent jurisdiction to be, illegal, void, invalid, prohibited or unenforceable then:

    1. such provision shall be ineffective to the extent of such illegality, void-ness, invalidity, prohibition or unenforceability;

    2. the remaining provisions of this TOS shall remain in full force and effect; and

    3. the parties shall use their respective best endeavours to negotiate and agree on a substitute provision or provisions which is or are valid and enforceable and achieves to the greatest extent possible the economic, legal and commercial objectives of such illegal, void, invalid, prohibited or unenforceable term, condition, stipulation, provision, covenant or undertaking.

20. Assignment

  1. You may not assign, transfer or sub-contract any of your rights and obligations under this TOS to any other person without our prior written consent.

  2. We may assign, transfer or sub-contract all or any of our rights and obligations under this TOS at any time without your consent to:

    1. our subsidiary or related/affiliated company;

    2. an acquirer of our equity, business or assets; or

    3. a successor by merger.

 

21. Ownership and protection of data files

  1. Title to and all intellectual property rights in the software, Platforms, standard checklists, forms, templates, documentation, videos, training and marketing materials developed or prepared by us remain the sole and exclusive property of iComSec.

  2. Title to and all intellectual property rights in any documents or data files uploaded to our file storage facility remain your property insofar as is required for us to carry out the relevant services on your behalf.

 

22. Waiver


If a party waives any right under this TOS, it must be done in writing. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. A waiver of a breach of a term in this TOS does not operate as a waiver of another breach of the same term or any other term.

 

23. Equitable Remedies
 

You acknowledge that the rights granted, and obligations made under this TOS to us are of a unique and irreplaceable nature, the loss of which shall cause irreparable damage us, and which cannot be replaced by monetary damages alone. As such, we shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.

 

24. Governing Law and Jurisdiction
 

This TOS is to be governed by, and construed in accordance with, the laws of Malaysia. The courts of Malaysia are to have exclusive jurisdiction to settle any disputes which may arise out of or in connection with this TOS.

 

25. Entire Agreement
 

This TOS, our Website Terms of Use and our Privacy Policy constitute the entire agreement between you and iComSec with respect to the Platforms and supersede all prior or contemporaneous understanding and agreements, whether written or oral, with respect to the Platforms. This TOS creates no third-party beneficiary rights.

 

26. Electronic Communication

  1. For contractual purposes, you consent:

    1. to receiving communications from us in electronic form via the last email address you have submitted to us; and

    2. that any terms and conditions, agreements, policies, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing.

  2. Notice will be deemed given twenty-four (24) hours after:

    1. the e-mail is sent to the last email address that you have provided to us; or

    2. the notice is posted on the Platforms.