Website Terms of Use

Effective Date: 01.05.2020

 

iComSec Website Terms of Use

1. Introduction

  1. These WEBSITE TERMS OF USE (this “Agreement”, “TOU”) 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 Agreement governs and regulates your access to and use of the services, products, online facilities, tools, functions, features or any Contents (as hereinafter defined) made available by us through our website www.iComSec.com.my 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. Please read and understand this Agreement carefully before continuing to use the Platforms as it contains important information regarding your legal rights and remedies. This Agreement should also be read in conjunction with our Website Terms of Service and our Privacy Policy.

2. Consent

 

  1. By connecting to and accessing or using the Platforms, you:

    1. acknowledge that you have read and understood this Agreement;

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

    3. accept this Agreement and agree that you are legally bound by its terms.

  2. We reserve the right, in our sole and absolute discretion, to alter, modify, vary, amend, change and/or update this Agreement 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 Agreement to you at your last known e-mail address). Such alterations, modifications, variations, amendments, changes and/or updates to this Agreement 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 Agreement and its corollary agreements, terms and conditions etc. regularly (with or without notice to you by us) to ensure that your understanding of this Agreement is current and up to date and you understand the terms and conditions that apply to your connection, access to, and use of, the Platforms.

  3. Your non-express termination or continued access to the Platforms 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 version of the Agreement.

  4. If you do not agree to this Agreement or with any subsequent alterations, modifications, variations, amendments, changes and/or updates to the same, you must not connect to or access the Platforms. If you have any questions regarding this Agreement, kindly contact us at enquiry@iComSec.com.my or consult with a legal professional before accessing, using, or continuing to access or use this Website.

3. Representations, Identification and Authorisation of User Account

  1. In order to access the features of this Website and use the relevant services associated thereto, you will have to create and maintain an account (“User Account”) with us when prompted. The User Account facilitates the administration of your online account on the Website and your access to the services on the Platforms.

  2. By using the Platforms, you expressly represent and warrant that (a) you are legally entitled to accept and accede to this Agreement; (b) you are at least eighteen (18) years of age; (c) you have not previously been suspended or removed from the Platforms; and (d) your registration of the User Account and your use of the Platforms are in compliance with all applicable laws and regulations.

  3. Without limiting the generality of the foregoing, the Platforms 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. You confirm that all the personal data and contact details in relation to and may enable us to identify you is accurate, up to date, not misleading and complete; and that you will keep your account information accurate, up to date, not misleading and complete. If we have reason to believe that your account information is untrue, inaccurate, out of date and/or incomplete whether deliberately so otherwise, we reserve the right, in our sole and absolute discretion, to suspend or terminate your User Account with or without notice to you.

  4. You agree to present a valid and government-issued photo identification to us for verification purposes upon our request.

  5. By connecting to, accessing and/or using the Platforms and the relevant services, you agree that:

    1. you will only use the Platforms for lawful purposes;

    2. you will not permit or enable third parties to use/access your User Account;

    3. you will not assign, transfer or otherwise render accessible your User Account to any entity(ies);

    4. you will not use or access the User Account of a third party;

    5. you will comply with all relevant legislation when using the Platforms, and you will only use the Platforms for the purpose for which it is intended to be used;

    6. you will not use the Platforms to cause annoyance, disruption or inconvenience to a third party;

    7. you will not impede the correct operation of the Website, the Platforms and their corresponding network(s);

    8. you will provide iComSec with proof of identity as may be reasonably requested or required by us; and

    9. you will provide accurate, current and complete information as required by and for the Platforms and undertake the responsibility to maintain and update your information in a timely manner to keep it accurate, current and complete at all times during the term of this Agreement.

  6. By using the Website and/or Platforms, you further expressly represent and warrant that you have the right, authority and capacity to use the Website and/or Platforms. You agree that, in the event you are the authorised representative of an individual, partnership(s) (whether with limited liability or otherwise), agent, sole proprietor, company(ies) and/or entity(ies), you (a) have obtained the lawful authority via written authorisation or consent from such individual, partnership(s) (whether with limited liability or otherwise), agent, sole proprietor, company(ies) and/or entity(ies); and (b) agree to be bound by this Agreement on behalf of that individual, partnership(s) (whether with limited liability or otherwise), agent, sole proprietor, company(ies) and/or entity(ies). You agree not to impersonate or represent (whether intentionally or unintentionally), in any way whatsoever, any individual, partnership(s) (whether with limited liability or otherwise), agent, sole proprietor, company(ies) and/or entity(ies) without lawful authority; or otherwise provide, submit or present any false and/or misleading information to iComSec and/or the Platforms in utilizing the corresponding services.

  7. If, after your electronic acceptance of this Agreement, we find that you do not have the legal authority to bind any such individual, partnership(s) (whether with limited liability or otherwise), agent, sole proprietor, private or public company(ies) and/or entity(ies), you will be deemed to be personally responsible for the responsibilities and obligations contained in this Agreement including but not limited to, any payment obligations. We shall not be liable for any loss or damage resulting from our reliance on any instructions, notice, documents or communications reasonably believed by us to be genuine. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, we reserve the right (but undertake no duty or be obliged) to require additional authentication from you.

  8. You should take all relevant and necessary steps to ensure that your user ID and password(s) for the User Account are kept confidential and secure at all times and that access to your computer and/or any other electronic device(s) which are in turn used to access and connect to the Website, Platforms and services thereto are sufficiently and reasonably restricted. You should inform us immediately if you have any reason to believe that your user ID or password for the User Account has become known to anyone else, or if the password is being, or is likely to be, compromised or used in an unauthorised manner.

  9. You, as the User or controller of the User Account are responsible for all activities that occur under your User Account, regardless of whether you are the one who undertakes such activities. This includes any unauthorised access and/or use of your User Account.

  10. If we have reason to believe that there is likely to be a breach of security, unauthorised use of your User Account or misuse of the Platforms, we may require you to change your password to the User Account or we may suspend your User Account pending investigation. You agree to release, indemnify, and hold us harmless from any and all claims and causes of action arising out of or resulting from any unauthorised use of your User Account.

4. Intellectual Property Rights

  1. For the purposes of this Clause 4:

    1. “Intellectual Property Rights” means all applicable rights, title, interests and benefits including, without limitation, patents, copyrights, trademarks, trade secrets, trade names, Know-How, logos, patents, inventions, registered and unregistered design rights, technology, databases, database rights and all other intellectual property rights similar in nature.

    2. “Know-How” means all confidential and proprietary industrial and commercial information and techniques in any form, including but not limited to, drawings, formulae, tests, results, procedures, project reports and testing procedures, instructions, training manuals, market forecasts, and list of particulars of potential competitors, suppliers and members.

  2. Other than the User Data (as hereinafter defined in Clause 5.1.2), or unless otherwise indicated, we and/or our licensors, representatives, agents, and permitted assigns have valid, unrestricted and exclusive rights, title and interest on the Intellectual Property Rights contained in the Website and the Platforms and the texts, graphics, logos, icons, images, documentations, audios, videos, software, page layout, underlying code, data compilations, materials and any other form of information capable of being stored in a computer that are contained in or published on the Website and/or Platforms (collectively, the “Content”). For the avoidance of doubt, iComSec does not, unless expressly stated or agreed otherwise, grant to the User any licence or other authorisation whatsoever in respect of the Platforms’ Intellectual Property Rights by granting access to the utilisation the Platforms.

  3. Subject to your complete and ongoing compliance with all the terms and conditions of this Agreement and payment of all applicable fees and/or charges, iComSec hereby grants to you a limited, personal, restricted, non-exclusive, non-transferable, non-sublicensable, revocable license, subject to this Agreement, to access and use the Platforms and the Content in accordance with this Agreement. All other uses thereof are prohibited without our prior written consent.

  4. Your use of and access to the Platforms and the Content does not grant or transfer to you any rights, title or interest in relation to the Platforms and/or the Content. You must not:

    1. copy or use, in whole or in part, any Content;

    2. reproduce, retransmit, distribute, disseminate, sell, resell, publish, broadcast or circulate any Content to any third-party, unless otherwise indicated on the Platforms or unless given prior express written permission to do so by iComSec; and

    3. breach any Intellectual Property Rights connected with the Platforms or the Content, including and without limitation to altering or modifying any of the Content, causing any of the Content to be framed, embedded, captured and/or displayed in another website or platform, or creating derivative works from the Content.

  5. You may view and temporarily store materials from the Platforms in your browser’s cache. You may also print out a single copy of the said materials for personal review and non-commercial use.

  6. You undertake not to employ any robot, spider, other automatic device, manual process and any means whatsoever to monitor materials available through our Platforms.

  7. If you violate any portion of this Agreement, your permission to access and use the Website and Platforms may be terminated immediately pursuant to this Agreement. Additionally, we reserve the right to avail ourselves of all remedies available at law and in equity for any such violation.

5. User Data

 

  1. For purposes of this Clause 5:

    1. “Representative(s)” means a representative of yours, including an accountant, tax agent, auditor, lawyer, accounting, taxation, audit or legal firm, or other third party to whom you provide (or for whom you authorise iComSec to provide) access to the User Data stored in the User Account for the purpose of providing to you the relevant services.

    2. “User Data” means any text, information, data, materials, images, or any other content which are provided by you to us via the Website and/or Platforms or which are submitted, entered into, loaded, or posted to the Platforms, and all results from processing such text, information, data, materials, images, or content, including corporate documentation issued by the Suruhanjaya Syarikat Malaysia ("SSM"), and the relevant agreements entered into by you while using the Platforms.

  2. You hereby grant to us a royalty-free, fully paid-up, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, copy, modify, create derivative works of, display, perform, publish and distribute, in any form, medium or manner, the User Data where we deem fit and necessary for providing our services to you, subject to our commitments and obligations stated in our Privacy Policy.

  3. You bear sole responsibility for the accuracy, appropriateness and completeness of all User Data. iComSec will utilise the User Data that you have provided for the Platforms and shall not be responsible for reviewing, validating or otherwise confirming the accuracy, appropriateness or completeness of the User Data provided by you.

  4. At your request/consent and subject to your payment of any applicable fees, iComSec will use reasonable efforts to make certain User Data available to Representatives who have registered with and/or are using the Platforms. You hereby authorise iComSec to disclose such User Data to any Representative(s) under your authorisation and/or instructions.

  5. iComSec does not control, regulate or oversee how your User Data will be utilised by the Representative(s) and bears no responsibility towards the User Data that are provided to a Representative. Notwithstanding the foregoing, iComSec reserves the right to decline to transmit the User Data to a specific Representative if iComSec believes that such transmission would violate this Agreement or any applicable laws (in which case iComSec will use reasonable efforts to promptly notify you of such decision). You shall ensure that your Representative(s) acknowledge that iComSec is merely acting as a passive conduit for such distribution and transmission and accordingly takes no responsibility for the utilisation of such User Data after such distribution and/or transmission. Neither iComSec nor its employees, agents or representatives make any warranty, representation, endorsement, or guarantee regarding, and accept no responsibility or liability for, the quality, content, nature or reliability of any User Data in our databases.

  6. You expressly represent and warrant that: (a) you own the User Data or have the right to use and to grant the rights and licenses pursuant to this Agreement, and (b) the User Data and use by iComSec, our agents, agents, and/or representatives of the User Data as licensed herein does not and will not violate, misappropriate or infringe on the rights of any third party. We may, at our sole and absolute discretion, decide to remove any User Data from the Platforms for any reason whatsoever with or without notice to you.

6. Specific Restrictions

  1. You agree that you shall only use the Platforms for reasonable and lawful purposes.

  2. You must not do or attempt to do anything that is unlawful or prohibited by any laws applicable to the Platforms; which we would consider inappropriate; or which might bring us or the Platforms into disrepute, including (and without limitation) to:

    1. using the Platforms to store any material which is prohibited by law;

    2. using the Platforms in any way that is or may be damaging to the Platforms, including hacking or trying to steal other users’ information (including User Data, user ID and password) from the Platforms;

    3. tampering with or modifying the Platforms, knowingly (or unknowingly) transmitting viruses, worms or introducing other disabling and/or disruptive features, or damaging or interfering with the Platforms, including (and without limitation) to using trojan horses, viruses, timebombs, keystroke loggers, spyware or other software or hardware with similar features thereto or piracy or programming routines that may damage or interfere with the Platforms;

    4. using the Platforms in any way that interferes any other user’s access to the Platforms;

    5. using the Platforms for purposes contrary to applicable laws and regulations, or in any way which may cause harm to the Platforms, or to any persons or entities;

    6. engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to the Platforms or data regarding other users, including e-mail addresses, without our consent;

    7. anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual’s consent) or any other legal rights;

    8. using the Platforms to defame, harass, threaten, menace or offend any person or entity;

    9. using the Platforms to send unsolicited or unauthorised advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise;

    10. using the Platforms to engage in any forms of unauthorised or unsolicited advertising or marketing;

    11. modifying, copying, adapting, reproducing, making derivative works of, dissecting, decompiling, disassembling, reverse compiling or reverse engineering any part of the Platforms;

    12. otherwise deriving or determining or attempting to derive or determine the source code (or algorithms, structure or organisation) of any software underlying the Platforms;

    13. interfering with, disrupting, or creating an undue burden on servers or networks connected to the Platforms (such as DDOS attacks), or violate the regulations, policies or procedures of such servers or networks;

    14. attempting to gain unauthorised access to the Platforms (or to other computer systems or networks connected to or used together with the Platforms), whether through password mining or any other means;

    15. accessing the Platforms in order to build a similar or competitive application, product, or service;

    16. using software or automated agents or scripts to produce multiple accounts on the Platforms, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Platforms (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders and cookies to copy materials from the Platforms for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); and/or

    17. facilitating or assisting a third-party to do any of the above acts.

  3. Certain areas or portions of the Platforms are restricted from being accessed by you and we may further restrict access by you to any areas of the Platforms, at any time and at our absolute discretion.

  4. You are prohibited from using the Platforms, including the content, in any way that competes with our business or breaches confidentiality obligations of the Platforms.

 

7. Collection and Use of Your Information

  1. You acknowledge that when you access and use the Platforms, we may use automatic means (including, for example, cookies and web beacons) to collect information about your use of the Platforms. You may also be required to provide certain information about yourself as a condition to accessing and using the Platforms or certain features or functionality related thereto. All personal information we collect through or in connection with the Platforms are subject to our Privacy Policy.

  2. We will process and may disclose personal data including sensitive personal data (as defined in the Personal Data Protection Act 2010 of Malaysia) relating to you and your affiliates, and you consent to the processing and disclosure of such data. You agree to keep us informed of any changes to the data at all material times. In any event, should any necessity in obtaining consent, authorisation or permission of any of your affiliates in relation to processing and disclosure of personal data including sensitive personal data (as defined in the Personal Data Protection Act 2010) arise, such consent, authorisation or permission is deemed to have been obtained by you unless communicated otherwise to us.

  3. Certain products, services or functionalities made available via the Platforms are delivered by third party sites and organisations. By using any product, service or functionality originating from the Website (or any redirects therefrom), you hereby acknowledge and consent that iComSec may share such information and data with any third party with whom iComSec has a contractual relationship to provide the requested product, service or functionality on behalf of users and customers of the Platforms.

8. Updates and User Data Backup

  1. You acknowledge and agree that the Platforms may be inaccessible or inoperable for reasons including, but are not limited to, equipment malfunctions, schedule downtime for maintenance, upgrades and updates, repairs or replacements that we undertake from time to time in our sole discretion.

  2. iComSec and the Platforms are not responsible for performing and are not liable for any failure to perform any back-up of any data (including User Data) provided, transmitted, processed, or stored by you in or through the Platforms. It is your responsibility to back up onto your own local system all User Data, including all data and records that you submit to us.

9. Additional Reservation of Rights

  1. We expressly reserve the right to deny, cancel, terminate, suspend, lock or modify access to (or control of) any User Account or services for any reason (as determined by us, in our sole and absolute discretion), including, but not limited to, the following:

    1. to correct mistakes made by us in offering or delivering any related services;

    2. to protect the integrity and stability of, and correct mistakes made by, any of our partners;

    3. to assist with our fraud and abuse detection and prevention efforts;

    4. to comply with court orders against you and any applicable local, state, national and international laws, rules and regulations;

    5. to comply with requests by law enforcement, including subpoena requests;

    6. to comply with any dispute resolution process;

    7. to defend any legal action or threatened legal action without consideration of whether such legal action or threatened legal action is eventually determined to be with or without merit; and/or

    8. to avoid any civil or criminal liability on the part of us, our officers, directors, employees and agents, as well as our affiliates, including, but not limited to, instances where you have sued or threatened to sue us.

  2. We expressly reserve the right to review every User Account for excessive space and bandwidth utilisation, and to terminate or apply additional fees to User Accounts that exceed allowed levels of the same.

 

10. Third-Party Materials

  1. The Platforms may use, display, include or make available third-party content (including data, information, applications and other products, services and/or materials) or provide links to a third-party websites or services, including through third-party advertising (collectively, “Third-Party Materials”).

  2. You acknowledge and agree that we do not control and are not responsible for any Third-Party Materials, including but not limited to their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. The inclusion of Third-Party Materials on the Platforms does not imply or attribute any endorsement by iComSec of the same or of those in control of them.

  3. We do not assume and disclaim any liability or responsibility to you or any other person or entity for any Third-Party Materials.

  4. Third-Party Materials and links thereto are provided solely as a convenience to you. You acknowledge that your access and use Third-Party Materials entirely at your own risk and subject to such third parties’ terms and conditions.

  5. Information and material contained in the many web pages that are linked to the Platforms comes from a variety of sources. Some of these information may come from official iComSec licensees, but much of it may be derived from unofficial or unaffiliated organisations and individuals, both internal and external to iComSec. iComSec does not author, edit or monitor these unofficial pages or links. You acknowledge and agree that iComSec shall not be responsible or liable, whether directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, products, services, advertising or other materials available on such external sites or resources.

 

11. Third-Party Interactions

 

  1. During the use of the Platforms, you may enter into correspondences, trades and/or any other transactions with third-party service providers through the Platforms. You are advised and be deemed to have agreed to conduct your own due diligence on any such third-party service providers

  2. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party service providers.

  3. iComSec and its affiliates and licensors shall have no liability, obligation or responsibility for any such correspondences, trades and/or transactions between you and any such third-party service providers.

  4. iComSec does not endorse any applications or sites on the internet that are linked through the Platforms, and in no event shall iComSec or its licensors be responsible for any content, products, services or other materials made available on or originated from such sites or third-party service providers.

  5. iComSec provides the services made available on the Platforms to you pursuant to this Agreement. You recognise, however, that certain third-party merchants or service providers, goods and/or services may require your agreement to additional or different terms of service prior to your use of or access to such goods or services, and iComSec is not a party to and disclaims any and all responsibility and/or liability arising from such agreements between you and the third-party service providers.

12. Indemnity

  1. You agree to indemnify, defend and hold harmless and keep indemnified, defended and held harmless iComSec and its licensors, officers, partners, directors, 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 or nature, including 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 Agreement by you or users of your User Account.

 

13. 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 Agreement.

  2. No advice or information, whether oral or written, obtained by you from the Platforms or any materials or content available through the Platforms will create any warranty that is not expressly stated in this Agreement. 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.

 

14. Limitation of Liability

 

  1. In no event will iComSec, its affiliates and their respective licensors, shareholders, members, directors, 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 and without limitation to: 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 products, services or other items 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. The Content are provided for informational purposes only and are not intended to constitute professional, regulatory, legal or other advice of such nature. Any decision made or action taken by you based on the Content are at your sole responsibility and liability.

  5. Any opinion, analysis or other information included in the Content provided does not constitute binding professional advice. You agree that you are solely responsible for all actions (or the lack thereof) and decisions as related to the Content and your use of the Platforms. iComSec and each party providing the Content disclaim liability to all persons or organisations in relation to any action(s) taken on the basis of currency or accuracy of the Content or any loss or damage suffered in connection with that information or material. You agree that iComSec has no liability or responsibility for any actions you may take in relation to or while acting upon the Content provided.

  6. 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.

  7. In the event that any limitation or exclusion of liability in this Agreement 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.

 

15. Right to Investigate

 

  1. We reserve the right in our sole discretion to investigate complaints, actual, potential or alleged violations of this Agreement 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.

 

16. Force Majeure

 

  1. 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”).

  2. Where the access to the Platforms are interrupted or we are unable to perform the services offered on the Platforms for a continuous period of more than twenty-one (21) calendar days by reason of a Force Majeure Event, either party shall have the right to terminate this Agreement.

 

17. Invalidity and Severability

 

  1. If any provision of this Agreement 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 Agreement 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.

 

18. Assignment

 

  1. You may not assign, transfer or sub-contract any of your rights and obligations under this Agreement 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 Agreement 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.

 

19. Waiver
 

  1. If a party waives any right under this Agreement, 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 Agreement does not operate as a waiver of another breach of the same term or any other term.

20. Equitable Remedies
 

  1. You acknowledge that the rights granted, and obligations made under this Agreement 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.

21. Governing Law and Jurisdiction
 

  1. This Agreement 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 Agreement.

 

22. Entire Agreement
 

  1. This Agreement, our Terms of Service 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 Agreement creates no third-party beneficiary rights.

 

23. 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.

 

24. Questions and Enquiries

  1. We welcome your feedback, suggestions and questions (“Feedback”). If you wish to contact us, or if this Agreement requires you to give notice to us in writing, please send an email with the appropriate subject title to enquiry@iComSec.com.my.

  2. If you provide us with any Feedback, you hereby assign to us all rights in such Feedback and agree that we shall have the right to use and fully exploit such Feedback and related information in any manner we deem appropriate. We will treat any Feedback you provide to us as non-confidential and non-proprietary. You agree that you will not submit to us any information or ideas that you consider to be confidential or proprietary.