Legal Notice - MIMOS Berhad

Website Use

PLEASE READ THESE TERMS CAREFULLY AS THEY IMPOSE OBLIGATIONS ON YOU INCLUDING TERMS WHICH LIMIT YOUR RIGHTS AND EXCLUDE OUR LIABILITY.

These Terms set out the basis on which you agree to access and use this Website and its content.

Certain words have special meanings which are set out below.

Definition

The following terms have the following meanings in these Terms and Conditions:-

MIMOS refers to MIMOS Berhad (336183-H), a government owned company incorporated in Malaysia under the Companies Act 1965 and is involved in research and development in the area of information and communication technology and microelectronics, having its registered address at Technology Park Malaysia, 57000 Kuala Lumpur, Malaysia.

Content means certain information, data, graphics, listings, presentation materials or other materials placed on this Website.

Terms refer to these terms and conditions which govern the relationship between you and MIMOS for the use of the Website, to which you are granted access.

Website means .

You and Your refers to the person or entity accessing and using this Website.

Access and use

By accessing and using this Website and/or the Content, you agree to be bound by these Terms. MIMOS reserve the right to change these Terms any time by updating this version. Please visit this Website periodically to determine any changes to these Terms. Continued use of this Website and/or the Content following any changes constitute an acceptance to those changes. If you do not accept any of these Terms (including any changes), please discontinue your access to this Website.

Content

The Website gives you access to, and use of, internet information and/or other services (if any), facilities or features made available on and/or through this Website.

You acknowledge that some of the Content may have been prepared by MIMOS and by or jointly by third parties. You acknowledge some of these Content are not under the control of MIMOS and MIMOS are not responsible for the accuracy, copyright compliance, legality, decency or any other aspect of the Content accessed or used. Before relying on the Content accessed, you should confirm that the Content is correct. The Content is provided solely for your convenience and does not indicate our endorsement or authorisation (whether expressly or impliedly) to the Content provided there unless expressly otherwise indicated. You access those Content and use their products and services solely at your own risk. In no event will MIMOS be liable to anyone for any damage arising from or occasioned by the use of these third party Content.

MIMOS does not guarantee that you will have access to this Website and/or the Content at all times. You may experience interruptions to this Website and/or the Content and MIMOS will not be liable to you if you suffer loss or damage as a result of these interruptions.

MIMOS may change the Content or any part of the Content at any time and from time to time with or without notice. You agree that MIMOS shall not be liable to you or to any other party for such changes.

MIMOS make no representation that this Website are appropriate or available for use in locations outside Malaysia. If you access this Website from outside Malaysia, you do so at your own risk and are responsible for ensuring compliance with local laws.

Your Duty

You are solely responsible for all acts or omissions that occur when accessing the Website. In addition, you agree to abide by our Use Policy including but not limited to, agreeing that the Website may only be used for lawful purposes. You agree that you will not use the Website in a manner which will result in any criminal or civil liability for MIMOS.

You are solely responsible for your access use of this Website and/or the Content. You further acknowledge that you may not rely on any Content created by or on behalf of MIMOS or submitted to MIMOS and you agree to bear all risks in relation to the Content, including any reliance on its accuracy, completeness or usefulness.

Notice regarding Copyright

This Website and its contents including but not limited to text, graphics, images, logos, button icons, audio clips, and software are owned or controlled for these purposes by MIMOS or its content suppliers and are protected by copyright, trademarks and/or other intellectual property rights and other laws of Malaysia. You may view this Website and its contents using your web browser and save an electronic copy, or print out a copy, of parts of this Website solely for your own information. You are restricted from modifying, in any way, the contents from how it appears on this Website or any sites belonging to MIMOS. You must not reproduce, transmit (including broadcast), adapt or otherwise exercise the copyright in the whole or any part of this Website for any other purpose except as expressly permitted.

The compilation (including but not limited to the collection, arrangement, and assembly) of all content on this Website is the exclusive property of MIMOS and protected by copyright. All software used on this Website is the property of MIMOS or its software suppliers and protected by copyright.

Notice regarding Trademark

This Website includes registered trademarks and trademarks which are the subject of pending applications or which are otherwise protected by law including without limitation, the word “MIMOS” and MIMOS logos.

You may not use such trademarks or the names “MIMOS” or any trademarks registered (or otherwise) belonging to MIMOS, except as permitted in the Terms or with the specific prior written permission of MIMOS, as the case may be. This Website may contain the trademarks of content suppliers and electronic commerce merchants, which are protected by law, and you may not use these trademarks, at all times.

MIMOS grants no Implied Licences

MIMOS grants you a limited license to access and make personal use of this Website and not to download or modify it, or any portion of it, except with prior express written consent of MIMOS. This license does not include any resale or commercial use of this Website or its contents. This license does not include any use of data mining, robots or similar data gathering or extraction tools. This Website or any portion of this Website including without limitation the materials used and displayed on this Website may not be reproduced, duplicated, copied, sold, resold, republished, downloaded, posted, distributed, disseminated, broadcast, transmitted or otherwise exploited for any commercial purpose except for your own reference. Any other use requires the prior written permission of MIMOS. You agree not to adapt, alter or create a derivative work from this Website or any portion of this Website including without limitation the materials used and displayed on this Website or use them for any other purpose other than for the purpose stated in this paragraph.

You may not frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page, layout, or form) of MIMOS without express consent. You may not use any meta tags or any other “hidden text” utilising names, logos or trademarks belonging to MIMOS without express consent of MIMOS. Any unauthorised use terminates the permission or license granted by MIMOS herein.

Nothing contained in this Website shall be construed as conferring by implication, or otherwise, any license or right under any patent, trademark, copyright (except as expressly provided in the Terms) or any proprietary rights of MIMOS or its licensors.

Term, Termination, Suspension or Modification

These Terms commence on the date, which MIMOS first make available the Website and Content to you and continue until terminated according to these Terms. MMSSB and/or its Related Corporations may terminate or suspend (temporarily or permanently) the Website and/or Content without notice and without having to give any reason. You agree that MIMOS shall not be liable to you or to any other party for such termination or suspension. Termination of these Terms by MIMOS for any reason whatsoever will be without prejudice to any other rights, remedies or claims MIMOS may have against you under these Terms or at law for any of your prior breaches of any of these Terms.

MIMOS shall not be liable for any failure to perform its obligations herein cause by an act of God, insurrection or civil disorder, military operations or terrorism, all emergencies, acts or omission of Government or any competent authority, industrial disputes of any kind, fire, lightning, explosion, flood, acts or omission of persons or bodies for whom MIMOS has no control over or any cause outside MIMOS’ reasonable control.

MIMOS reserves the right to modify for any reason whatsoever or discontinue (temporarily or permanently) this Website at any time and from time to time with or without notice. You agree that MIMOS shall not be liable to you or to any other party for such modification, suspension or discontinuance of this Website.

Liability

MIMOS, its agents and representatives and its suppliers (including software or content suppliers) (hereinafter collectively referred to as “Suppliers”) will not be liable to you or any other party for any loss, damage, expenses or liability (including consequential loss or damage), loss of business, revenue or profits suffered or incurred by you or any other party which arise:-

from circumstances beyond any of the Suppliers’ control or from your acts, omission, default or negligence;
directly or indirectly in respect of any failure or omission by MIMOS to comply with any of these Terms.

Disclaimer

This Website (including the information, names, images, pictures, logos and icons regarding or relating to MIMOS) is provided on an “as is” and “as available” basis and MIMOS makes no express or implied representation or warranties in relation to this Website, any property or information in or any transaction performed through this Website including but not limited to:

the security, availability, accessibility, timeliness, error-free and uninterrupted use of this Website;
the truth and accuracy of the Content or subsequent modifications thereto;
the actions and omissions of users whether on this Website or outside this Website;
the accuracy and reliability of results obtained from the use of this Website and that any errors in the software will be corrected;
any obligation, liability, right, claim in tort or otherwise whether or not arising from the negligence of MIMOS.

To the full extent permitted by law, MIMOS disclaim any and all such warranties.

In no event shall MIMOS, their respective agents and representatives, suppliers, vendors or merchants who have a presence on this Website be liable to you or anyone else for any loss or injury or any direct, indirect, special, exemplary, consequential damages, or any damages whatsoever including but not limited to loss of use, data, revenue or profits, whether in action of contract, negligence or other tortuous action, arising out of or in connection with your access, use of, or your inability to access or use this Website.

Indemnity

You must indemnify MIMOS and hold MIMOS harmless against all loss, costs, damages, expenses and liability arising from:-

the use by you or any other person of this Website whether or not expressly authorised by you; or
any material posted on, transmitted or received via this Website; or
breach of any of these Terms.

Assignment

MIMOS reserves the right to assign, subcontract or novate any or all of its rights and obligations under the Terms. You may not, without the written consent of MIMOS, assign or dispose of the Terms.

Governing Law

By accessing and using this Website and/or the Content, you agree that such access and/or use, as well as these Terms and Conditions shall be governed by, and construed in accordance with Malaysian laws and you agree to submit to the exclusive jurisdiction of the Malaysian courts.

General Terms

MIMOS reserve the right to amend these Terms at any time without prior notice. You are responsible for regularly reviewing information posted online to obtain notice of such amendments. Your continued access into and usage of this Website after such amendments shall be construed as your having accepted all such amendments.

These Terms shall have effect only to the extent not forbidden by law.

No delay or indulgence by MIMOS in enforcing any term or condition of these Terms nor the granting of time by MIMOS to you shall prejudice the rights or powers of MIMOS nor shall any waiver by MIMOS of any breach constitute a continuing waiver in respect of any subsequent or continuing breach.

If any part of the Terms should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms and conditions are intended to be effective, then to the extent and within the jurisdiction which that Term is illegal, invalid or unenforceable, it shall be severed and deleted from the Terms and the remaining Terms hereof shall survive, remain in full force and effect and continue to be binding and enforceable.

This Website may be accessed throughout Malaysia and overseas. MIMOS make no representation that the content of this Website complies with the laws (including intellectual property laws) of any country outside Malaysia. If you access this Website from outside Malaysia, you do so at your own risk and are responsible for ensuring compliance with all laws in the place where you are located.

You must also:

cease to utilize the Website or any part thereof for such period as may be required by MIMOS.
not use the Website to cause embarrassment, distress, annoyance, irritation or nuisance to any person.
comply with all notices or directions relating to your use of the Website as we may see fit to issue from time to time or if we have reason or cause to suspect that you are not complying with your responsibilities and obligations under these terms and conditions.
at all times keep the personal identification and password created confidential and not release the password to any person.

USE POLICY

These Acceptable Use Policy constitute an integral part of these Terms and by using the Service, you signify your agreement to be bound by all terms, conditions, and notices contained or referenced in these Terms and Conditions including without limitation these Acceptable Use Policy.

MIMOS reserve the right to modify these Policy at any time without prior notice, effective upon posting of the modified Policy at this Website. Any modifications to these Policy will be made at our sole discretion and it is your responsibility to ensure your awareness of any such changes. Your continued use of the Website following posting of any modifications to these Policy constitutes acceptance of such modifications.

Illegal Use

The Website may be used only for lawful purposes. The posting of, transmission, distribution or storage, of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or intellectual property right used without proper authorisation, and material that is offensive, obscene, indecent, abusive, defamatory, seditious, abusive or hateful, false, constitutes an illegal threat, or may constitute junk mail, unauthorized advertising or harassment, invades anyone’s privacy, or encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any local, state, national or international law or regulation. We reserve the right to scan or review any material posted or transmitted by you and may delete any of such material and/or deactivate your use of the Service. We further reserve the right to suspend or terminate your right of access to the Website if is discovered that you have provided us with false or misleading information or violated or attempted to violate any term of these Policy.

System and Network Security

Violations of system or network security are prohibited, and may result in criminal and civil liability. Examples of system or network security violations include, without limitation, the following :

Unauthorised access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorisation of the owner of the system or network;
Unauthorised monitoring of data or traffic on any network or system without express authorisation of the owner of the system or network;
Interference with service to any user, host or network including, without limitation, mailbombing, flooding, deliberate attempts to overload a system and broadcast attacks;
Circumventing any user authentication or security of any host, network, or account (referred to as “cracking” or “hacking”); and
Interference with service to any user, host, or network (referred to as “denial of service attacks”).

You further agree not to send or deliver viruses, Trojan horses or other harmful, disruptive, or destructive files. You may not introduce into MIMOS internet system or distribute via this Website, any system contamination including, without limitation, use of viruses, worms and Trojan horses causing unauthorized, damaging or harmful access and/or retrieval of information and data on your computer and other forms of activity that may be considered unlawful.

Violations of the Rules of Acceptable Use

INDIRECT OR ATTEMPTED VIOLATIONS OF THESE RULES, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON YOUR BEHALF, SHALL BE CONSIDERED VIOLATIONS OF THIS POLICY BY YOU.

MIMOS reserve the right to investigate potential abuses of this Policy and MIMOS will fully cooperate with investigations of suspected criminal violations, violation of systems or network security under the leadership of law enforcement or relevant authorities. Violation of this Policy may result, among other things, in the suspension or cancellation of your access to this Website, our network, system, servers, various directories, listings, information and databases. We have no practical ability to restrict all conduct, communications or content which might violate this Policy prior to its transmission on or through this Website, nor can MIMOS ensure prompt removal of any such communications or content after transmission or posting. Accordingly, we do not assume liability to you or others for any failure to enforce the terms of this Policy.

PRIVACY STATEMENT

You can visit this Website without telling us who you are or revealing any information about yourself.

Cookies

MIMOS may track your visit to the Website by giving you a “cookie” when you enter. Cookies are pieces of information that websites transfer to your computer’s hard drive for record-keeping purposes. We use cookies to make visiting our sites and our partner sites easier. Cookies also help MIMOS track user trends and patterns. Cookies also help MIMOS collect anonymous click stream data for tracking user trends and patterns. In addition, third party advertising networks may issue cookies when serving advertisements. The use of cookies is now an industry standard, and you will find them used on most major websites. Most browsers are initially set up to accept cookies. If you prefer, you can reset your browser either to notify you when you have received a cookie, or to refuse to accept cookies. You should understand that areas of certain sites will not function properly if you set your browser to not accept cookies.

Use of Information

All information provided to us (if any) are secured with the appropriate security technologies.