Terms & Conditions of the Website of MSC Cyberport
About the Website
The website is owned and operated by MSC Cyberport Sdn Bhd (the “Website”) located at http://cyberport.my/ MSC Cyberport Sdn Bhd is the provider of the Website (referred to as "MSC Cyberport”, "us" or "we" ) which provides information about MSC Cyberport, its products and services, and does not give rise to any service provider–client relationship, unless and when you choose to purchase our products and services. Please read the following to understand the terms and conditions of use governing this Website (the “Terms and Conditions”). If you have any questions about the Terms and Conditions, please email us.
Terms and Conditions
By using the Website you agree to the following Terms and Conditions:
- Disclaimer on Use of the Website and Materials
- The information, graphics, materials, content and all works (the “Materials”) are intended to summarise our services and general matters of interest to existing and potential clients of MSC Cyberport. They are not intended to be complete and comprehensive. The Materials does not constitute any advice on our products and services. We have taken all reasonable care in the provision of the Website, and precautions have been made to ensure that the material and information are accurate, current and complete. We do not warrant or represent that the Materials provided reflects the current developments, particularly to the matters relating to MSC Malaysia Status. We cannot guarantee that all information on the Website will be applicable to your situation or that it is accurate and complete. We do not undertake to keep this Website updated and we are not liable to you or anyone else if error in the information on this Website or if that information is not up-to-date.
- The internet is not a secure medium and communications to and from the Website may be intercepted or altered in transit. We do not warrant that the Website is free from anything which may damage any computer which accesses the Website or data on such computer.
- Restriction on Use
The Website, the Materials and the information and facilities contained on the Website must not be used in any unlawful way, or for any illegal purpose, or in any manner that infringes the rights of MSC Cyberport. MSC Cyberport reserves the right to permanently ban, terminate the user or notify the appropriate authorities of any person that uses, or attempts to use the Website for illegal purposes, or who posts, or attempts to post abusive, obscene, vulgar, offensive, defamatory, hateful, threatening or sexually-oriented material. In addition, you must not:
- data mine or conduct automated searches on the Website or the content on the Website, whether through the use of additional software or otherwise, except for searches already included in the Website;
- incorporate any of the content on the Website or the Materials, including advertising or promotional material;
- create links from the Website to any other website on the internet, or frame or mirror the Website without our prior written consent;
- use the Website or any facilities available on the Website to defame, harass, threaten, menace or offend any person;
- tamper with, hinder the operation of, hack or make unauthorised modifications to the Website or any content on the Website;
- knowingly transmit any virus, worm or other disabling feature to or via the Website;
- use the Website to send spam, commercial, unsolicited or bulk electronic messages to anyone or in any other way; or
- use the Website or any facilities available on the Website for any activities, or transmit to or via the Website any information or material (including submitting ads), which:
- breaches any laws or regulations;
- breaches these Terms and Conditions;
- infringes a third party's rights (including intellectual property rights, rights of privacy or their trade secrets);
- is inappropriate, offensive, obscene, threatening, indecent, inflammatory, pornographic, defamatory or confidential;
- is false or misleading;
- is discriminatory in breach any legislations; or
- identifies a person or which can be used to identify a person (including any copy, photos or other pictorial representations) unless you have obtained that person's authority; or
- attempts to do, or permit another person to do, any of the above acts.
- Limitation of Liability
- MSC Cyberport is making the Website available for Users to use. However we do not assume a duty of care to Users, and we make no warranties or representations regarding the quality, accuracy, completeness, merchantability or fitness for purpose of the Materials. You should seek other professional advice before acting or relying on any of the Materials.
- MSC Cyberport does not warrant or represent that the Website or the Materials will not cause damage or are free from any defects or errors which includes any computer virus or anything else that may interfere with or damage the operations of the user’s computer systems which occurs in connection with the use of this Website or to the downloading of any content or material posted on this Website, or any sites linked to it, whether through a computer virus or otherwise howsoever. We do not accept any responsibility for any damage or loss caused by any such code.
- Where any law implies a warranty into these Terms and Conditions which may not lawfully be excluded, then to the maximum extent permitted by law, our liability for breach of the warranty will at our option be limited to the supply of the services again, or the payment of the cost of having them supplied again.
- Under no circumstances will MSC Cyberport be liable for any incidental, special or consequential damages, including damages for loss of business or other profits arising in relation to use or reliance on the Materials. We disclaim all liability whether in contract, tort (including negligence) for all loss or damage of any kind whatsoever (including without limitation whether direct, indirect or consequential, in respect of anything done or omitted to be done, whether wholly or partly) in reliance upon the whole or any part of the Materials within our Website to any person, entity, body or organization.
- You will at all times indemnify and keep MSC Cyberport and its respective officers, employees and agents indemnified (the “Indemnified”) from and against any loss (including reasonable legal costs and expenses) or liability incurred by any of those Indemnified arising from any claim, suit, action or proceeding by any person(s) against any of those Indemnified where such loss or liability arising out of, in connection with, or in respect of, any breach of this agreement by you.
- Intellectual Property and Copyright of the Website
- Unless otherwise indicated, we reserve all intellectual property in the content and design of the Website and the Materials or uses it under licence or applicable laws, wherein the Materials on the Website are copyrighted (©2006-2013 MSC Cyberport Sdn Bhd. All Rights Reserved).
- Other than for the purposes of and subject to the conditions prescribed under the Copyright Act 1987 or any relevant legislations, no part of any Materials may in any form or by any means (including framing, screen scraping, electronic, mechanical, microcopying, photocopying or recording) be reproduced, adapted, stored in a retrieval system or transmitted without the prior written permission of MSC Cyberport.
- Unauthorised use of any of the trademarks appearing on the Website will infringe the intellectual property rights of MSC Cyberport or any such licensors.
- Reproductions of the Materials contained on the Website will be allowed for non-commercial personal use only and the material and/or contents shall not be adapted, modified, translated, published, recopied, extracted, transmitted, downloaded, distributed, stored permanently or otherwise in any material form whether in retrieval system or not, without our prior consent and ensure that each copy clearly acknowledges MSC Cyberport as the source. You may download and print the contents of the Website for your own private, non-commercial use. Apart from this, you must not use, reproduce, communicate, publish, or distribute any of the content on the Website, unless this constitutes a fair dealing for the purposes of the Copyright Act 1987.
- We will take all necessary action again any persons found to be infringing any intellectual property on the Website. This includes the right to permanently ban, or terminate the user and to notify the appropriate authorities, raising this matter with your webhost and your advertisers and we will not be responsible for any action they may take against you.
- Links from the Website
- Where applicable, MSC Cyberport makes no warranties or representations that any material or content on other websites to which the Website may be linked does not infringe the intellectual property rights or cause any harm or damage to any person.
- MSC Cyberport is not, and must not be taken to be, authorising infringement of any intellectual property rights contained in material or content on other sites.
- Third party links provided in the Website (where applicable) are for information purposes only and in no way constitute an endorsement by us. We do not hold any responsibility for any use of such third party links and reliance place on the information or privacy practices contained on those sites.
- Uploading Information to the Website
Through the Website, where information is requested, you are at all times required to ensure the accuracy of the information provided for such purpose, failing which you will indemnify us against any cost, loss, expense or liability sustained or incurred by us as a result of our reliance on any information provided by you. You represent and warrant in relation to any material, content or information you provide to the Website that:
- you will not knowingly transmit any worm, virus or other disabling feature to or via the Website;
- you are authorised to provide the material and/or information;
- the material and/or information is not defamatory or a malicious falsehood in relation to any product, service, person or corporation;
- the material and/or information is not the 'passing off' of any product or service and does not constitute unfair competition;
- the material and/or information does not infringe any intellectual property right including, but not limited to, trademarks, service marks or business names (whether registered or unregistered), confidential information and copyright;
- the materials and/or information does not infringe any legislation or regulations of Malaysia.
- Applicable Laws
- If any part of the Terms and Conditions are found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of the Terms and Conditions and the severed part will not affect the validity and enforceability of any remaining terms and conditions.
- The law applicable to use of the Website and the Materials and to disputes arising out of the Website, the Materials and the Terms and Conditions are governed by, and construed in accordance with the laws of Malaysia.
- You agree to submit to the exclusive jurisdiction of the courts of Malaysia in the event of dispute arising in connection to the use of the Website.
By using the Website, you undertake to indemnify MSC Cyberport against any claim or proceeding that is made, threatened or commenced, and reimburse any liability, loss, damage or expense (including reasonable legal costs on a full indemnity basis) that MSC Cyberport incurs or suffers as a direct or indirect result of:
- a breach by you of these Terms and Conditions;
- an actual or alleged breach by you of any law, legislation, regulation, by-law or code of conduct caused by any advertisement posted on the Website;
- any claims brought by or on behalf of any third party relating to any act or omission by you caused by any advertisement placed on the Website; or an advertisement or any proposed advertisement posted by you on the Website.
- If MSC Cyberport does not act in relation to a particular breach by you of these Terms and Conditions, this will not be treated as a waiver by MSC Cyberport of its right to act with respect to subsequent or similar breaches.
- This document and any warranties implied by law which are not capable of being excluded or modified embody the whole agreement between the parties.
- Refund Policy of MSC Cyberport
- Your rights as a customer: You have a 7 day ‘cooling off’ period in which you have the right to cancel your subscription in relation to our products and services.
- How to cancel within the 7 day cooling off period: Should you wish to cancel your purchases of our products and services within the cooling off period, please either email us at firstname.lastname@example.org or call us at +607 – 276 1251.
- All other refunds will be given at the discretion of the management of MSC Cyberport.