TERMS AND CONDITIONS OF USE
These terms of use (the “Terms”) are a legal contract between you and Innovest Marketing Sdn. Bhd. Or its parent company, or affiliates or subsidiaries (“Innovest”, “we”, “us” or “our”). The Terms explained how you are permitted to use the websites located at the url: www.innovest.com.my, all other Innovest website (“Site”) where these Terms are posted (each, a “Site”), any software that Innovest provides to you for use on a mobile device (a “Mobile Application”) and services associated with the Site or Mobile Applications (“Services”). By using a Site, Mobile Application or any Services, you are agreeing to all of these Terms; if you do not agree with any of these Terms, do not access or otherwise use any Site, any Mobile Applications, any Services made available through the Site or any information contained on the Sites.
1. Laws and Regulations
Your access and use of the Site shall be governed by and construed in accordance with the laws of Malaysia without reference to its conflicts of law rules and, you agree to submit to the exclusive jurisdiction of the Courts of Malaysia.
2. Copyright, Trademarks and Intellectual Property Rights
The trademarks, logos and service marks (collectively, “Marks”) as well as content (including but not limited to information, communications, software, images, videos and sounds) (collectively, “Contents”) contained on or available on the Site belong to Innovest, its content providers and third-party licensors. You should assume that all Marks and Contents on the Site are protected by copyright and applicable intellectual property rights unless otherwise noted.
You must not reproduce, modify, transfer, distribute, republish, download, post or transmit the Marks and Contents in any form or by any means including but not limited to electronic, mechanical photocopying or recording without our prior written permission. You agree that the Marks and Contents contained within or available through the Site shall not be used for commercial purposes or distributed commercially. Any unauthorized use of the Marks or Contents may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes. All our rights are expressly reserved.
3. Privacy Policy
Personal information provided or collected through or in connection with this Site shall only be used in accordance with Innovest’s Privacy Policy and these Terms of Use are subject to the Privacy Policy as posted on this Site.
4. Disclaimers
All information (including, without limitation, text, images, graphics, links and other materials on the Site is provided “as is” and “as available. Innovest and its affiliates, subsidiaries, partners, licensors and suppliers hereby expressly disclaim to extent permitted by law any representations or warranties of any kind, express or implied, including warranties of merchantability, fitness for any particular purpose, non-infringement, or as to the operation of this Site, the Content or user content. Neither Innovest nor its subsidiaries, affiliates, partners, licensors, and suppliers warrants or makes any representations that (i) the Site will meet your requirements, (ii) the Site will be uninterrupted, timely, secure, or error free, or (iii) the results that may be obtained from the use of the Site (including any information and materials on this Site) will be correct, complete, accurate, reliable, or otherwise meet your requirements.
This is a public Web Site. You should have no expectation of confidentiality with respect to any User Content you may submit on this Site. Do not submit confidential information here.
Innovest and its subsidiaries, affiliates, partners, licensors, and suppliers shall have no liability for interruptions or omissions in Internet, network or hosting services and do not warrant that the Site or the Services which make this Site available or electronic communications sent by us are free from viruses or any other harmful elements.
Any material downloaded or otherwise obtained through the use of this Site is done at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
5. Hyperlinking
The Web Site may provide links to other web sites hosted by third parties (“Linked Sites”). We do not have the obligation to monitor the content on the Linked Sites and have no discretion to alter, update or control the content on the Linked Sites. Our provision of hyperlink to Linked Sites shall not be construed as an endorsement, authorization, sponsorship, or affiliation with respect to such web sites, their owners, or their providers.
The Linked Sites may contain rules and regulations, privacy provisions, confidentiality provisions, transmission of personal data provisions, and other provisions which differ from the provisions provided here and our Privacy Policy. If you link to otherwise visit any of these Linked Sites, please review their respective terms of use, privacy statements, notices and policies.
6. User Conduct
You are prohibited from posting or transmitting any unlawful, seditious, threatening, defamatory, libellous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence or give rise to civil liability, or otherwise violate any law. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting such materials.
7. No Warranties
All Contents on the Site are provided to you “as is” and “as available” without warranty of any kind either express or implied including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy. We specifically disclaim any liability or responsibility for any errors or omissions in the Contents. Neither Innovest nor any other party involved in creating, producing, or delivering the Site is liable for any direct, incidental, consequential, indirect, or punitive damages or losses arising out of your access to, or use of, or inability to use or access, the Site.
Any Content downloaded, uploaded or otherwise obtained through the use of the Site is done at your own discretion and risk. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the Site or on the Internet generally.
Limitation of Liability.
Innovest shall not be liable to you for any damages resulting from your use of the Sites, mobile applications or any services, or from your displaying, copying, or downloading any materials to or from the Sites. In no event shall Innovest be liable to you for any indirect, extraordinary, exemplary, punitive, special, incidental, or consequential damages (including loss of data, revenue, profits, use of other economic advantage) however arising, even if Innovest knows there is a possibility of such damage.
8. Indemnification and Release
You agree to indemnify and hold harmless Innovest, its subsidiaries, affiliates, other partners and suppliers and each of their respective officers, directors, employees, shareholders, legal representatives, agents, successors and assigns, from and against any damages, liabilities, costs and expenses (including reasonable attorneys’ and professionals’ fees and litigation costs) that arise out of the posting, content, or transmission of any message, data, material or any other User Content you submit on the Site or any violation of these Terms of Use by you. In the event of any complaint or legal action arising from any message, or any other User Content posted by you, we reserve the right to reveal your identity and any other information we may have about you.
If you have a dispute with one or more users, you release Innovest, its subsidiaries, affiliates, partners and suppliers, and each of their respective officers, directors, employees, shareholders, legal representatives, agents, successors and assigns from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
9. Shut-Down of Site
We have the sole right to shut down the Site or any part thereof for any reason at any time without notice or consent. We will have no responsibility or liability for failure to store or delete any Content and/or User Content submitted to the Site.
10. Our Products
The Site may contain references to specific our products and services that may not be (readily) available in a particular state, region or country. Any such reference does not imply or warrant that any such products or services shall be available at any time in any particular state, region or country. Please contact our business contact for further information.
11. Dispute Resolution
These Terms of Use shall be governed by and construed in accordance with the laws of the state of Malaysia. You agree to the non-exclusive jurisdiction of the courts in Malaysia for any disputes, claim or cause of action arising out of, or relating to or in connection with these Terms of Use or your use of this Site, including any disputes relating to the existence or validity of these Terms of Use, provided that you agree to submit any such disputes, claims or causes of action exclusively to the courts of Malaysia.
12. No Waiver
No failure on the part of Innovest to enforce any part of these Terms of Use shall constitute a waiver of any of our rights under these Terms of Use, whether for past or future actions on the part of any person. Neither the receipt of any funds by us nor the reliance of any person on Innovest’ actions shall be deemed to constitute a waiver of any part of these Terms of Use. Only a specific, written waiver signed by an authorized representative of Innovest shall have any legal effect whatsoever.
13. General
If any of these Terms of Use is determined to be legally invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in effect.
Our failure to insist upon or enforce strict performance of any provision of these Terms Use shall not be construed as a waiver of any provision or right.