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TERMS AND CONDITIONS OF USE

General

Welcome to our website.

The term “IOI” or “us” or “we” refers to the owner of this website, IOI Corporation Berhad (9027-W) with its registered address at Level 29, IOI City Tower 2, Lebuh IRC, IOI Resort City, 62502 Putrajaya, Wilayah Persekutuan, Malaysia. The term “IOI Group” refers to IOI and its subsidiaries, related companies and affiliated companies. The term “you” refers to the user or viewer of our website.

These Terms and Conditions of Use of our website (“Terms and Conditions”) contained herein shall govern your use of this website, including all web pages within this website (collectively referred to hereinbelow as “this website”). These Terms and Conditions apply in full force and effect to your use of this website.

If you continue to browse and use this website, you are deemed to have agreed to comply with and be bound by all the Terms and Conditions set out herein in full, together with the Disclaimer and the Personal Data Protection Notice governing IOI Group’s relationship with you in relation to this website, both of which are available on this website. You must not use this website if you have any objection to any of these Terms and Conditions.

These Terms and Conditions do not apply to third party websites to which IOI may link save as otherwise provided herein.

Intellectual Property

This website belongs to IOI and is intended for personal use, quick reference, illustration and information purposes only.

The copyright to the contents of this website (including text, graphics, images, logos, icons, characters, trademarks, audio recordings, video recordings, audio-visual recordings, photos, designs, layout, scripts, software, files and all other proprietary contents and intellectual property) (collectively, “Copyrights”) is owned by and/or licensed to IOI (unless otherwise noted) and shall be protected under the Malaysian Copyright Act 1987 and the Malaysian Trade Marks Act 1976 and any statutory amendments or re-enactment made thereof from time to time and any applicable regulations, guidelines and orders made thereunder (collectively, “Copyright and Trade Marks Acts”) and any other Malaysian and international intellectual property legislations, rules and regulations. Further, IOI also owns the copyright in the overall selection, coordination, arrangement and enhancement of such content, and owns the rights in or licence to use, the individual components of such content.

Nothing contained in this website shall be construed as granting any licence or right of use of any of the Copyrights or any other contents or materials on this website. You may not copy, adapt, modify, decompile, disassemble, upload, repost, reproduce, redistribute or republish any of the contents and materials on this website in any manner or create any derivative works from any part of this website or commercially exploit its contents without the prior written permission of IOI (which if granted will only be extended to our own materials). You also shall not transmit or store it in any other website or other media or other form of electronic retrieval system.

Any unauthorised use or misuse of the Copyrights displayed on this website or any other contents or materials on this website, except as provided in these Terms and Conditions, is strictly prohibited. IOI reserves the rights to bring any action arising from the improper or unauthorised use of this website, including any action for infringement of its copyrights, trademarks and any other intellectual property rights.

Correspondingly, this website may contain syndicated materials and third party articles, where if any, due acknowledgment would have been stated. IOI is not responsible for any content provided by third party providers and you are prohibited from distribution of such material without permission of the owner of the copyright therein.

If you breach any of these Terms and Conditions, your authorization to use this website automatically terminates and you must immediately destroy any downloaded or printed contents or materials from this website.

Restrictions

Please feel free to browse this website. However, your access to and use of this website is subject to these Terms and Conditions and all applicable laws.

Any conduct by you that, in IOI Group’s opinion, restricts or inhibits any other user from using or enjoying this website will not be permitted.

By using this website, you agree not to disrupt or intercept our electronic information posted on this website or on any of our servers. You also agree not to attempt to circumvent any security features of IOI and to abide by all applicable local, federal, state and international laws, rules and regulations.

In particular, you are expressly and vehemently restricted from all but not limited to the following:

  1. publishing any of this website’s material in any media;
  2. selling, sub-licensing and/or otherwise commercialising any of this website’s material;
  3. publicly performing and/or showing any of this website’s material;
  4. using this website in any way that, in our opinion, is or may be, damaging to this website;
  5. using this website in any way that, in our opinion, impacts, restricts or inhibits any other user’s access to or use of this website;
  6. using this website contrary to applicable laws, rules and regulations, or in a way that causes, or may cause, harm to this website, or to any person or business entity including to us or any companies within IOI Group;
  7. disrupting or intercepting our electronic information posted or displayed on this website or on any of our servers;
  8. circumventing any security features of this website;
  9. engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this website, or while using this website; and
  10. using this website to engage in any advertising or marketing.

Certain areas of this website are restricted from access by you and we may further restrict access by you to any areas of this website, at any time, in our sole and absolute discretion, without any notice to you.

Your Content

In these Terms and Conditions, “Your Content” means all works and materials (including without limitation, text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or this website for storage or publication or display on, processing by, or transmission via, this website.

It is IOI Group’s policy not to accept or consider ideas, suggestions or materials other than those that IOI Group has specifically requested or solicited from you. As such, we do not want you to, and you should not, send any confidential or proprietary information to us through this website unless specifically requested by us. Please note that any unsolicited information or material sent to us will be deemed not to be confidential or proprietary.

By submitting information and material to this website, you automatically grant to us (or warrant that the owner of such information and material has expressly granted to us) a royalty-free, worldwide, perpetual, irrevocable, unrestricted, sub-licensable right and licence to use, reproduce, display, perform, modify, adapt, publish, translate, transmit and distribute, or otherwise make available to others such information and material (in whole or in part and for any purpose) worldwide and/or to incorporate it in other works in any and all form, media or technology now available or hereafter developed or on and in relation to this website and any successor website. You also agree that IOI Group is free to use any ideas, concepts, know-how or techniques that you send to us for any purpose.

You hereby waive all your moral rights in Your Content to the maximum extent permissible by applicable law and you warrant and represent that all other moral rights in Your Content have been waived to the maximum extent permissible by applicable law.

As further provided above, IOI Group does not want to receive, and you are deemed to covenant and agree through the use of this website not to provide, any information or materials to us that are defamatory, threatening, obscene, harassing, in violation of any law, governmental requirements or otherwise unlawful.

Your Content shall be your own. You shall not upload, post, display or otherwise make available on this website any information and material protected by copyright, trademark or other proprietary rights without the express written permission of the owner of such rights. We shall reserve our right to remove any of Your Content from this website at any time and for any reason (including for any infringement on any third party’s rights) without notice to you.

You shall be solely liable for any damages resulting from any infringement of copyright, proprietary rights, or any other harm resulting from such a submission.

You warrant and represent that Your Content shall comply with all of these Terms and Conditions.

Your Content and the use of Your Content by us in accordance with these Terms and Conditions, must NOT, including but not limited to the following:

  1. be libellous or maliciously false;
  2. be obscene or indecent;
  3. be illegal or unlawful or in breach any administrative ruling or guideline;
  4. violate or infringe any person’s legal and moral rights, including but not limited to, copyright, trademark right, industrial design right, patent right, database right, right in passing off or other intellectual property right;
  5. infringe any right of confidence, right of privacy or right under Personal Data Protection Act 2010 (including any statutory amendments or re-enactment made thereof from time to time and any applicable regulations, guidelines and orders made thereunder) (collectively, “PDPA”) as laid down in our Personal Data Protection Notice;
  6. contain advertisement or any solicitation with respect to any products or services;
  7. be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law);
  8. constitute negligent advice or contain any negligent statement;
  9. constitute an incitement, attempt, abetment or conspiracy to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
  10. be in contempt of any court or in breach of any court order or judgment;
  11. be in breach of racial or religious hatred or discrimination legislation;
  12. be blasphemous;
  13. be in breach of official secret legislation;
  14. be in breach of any contractual obligation owed to any person or give rise to any liability;
  15. depict violence in an explicit, graphic or gratuitous manner;
  16. be pornographic, obscene, lewd, suggestive or sexually explicit;
  17. be defamatory, invasive of privacy or publicity rights, vulgar, profane or otherwise objectionable;
  18. be untrue, false, inaccurate or misleading or fake news;
  19. consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death or any other loss or damage;
  20. constitute spam or cyber-attack;
  21. be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory or incite hate;
  22. be in breach of internal security or anti-terrorism legislations; and/or
  23. cause annoyance, inconvenience or needless anxiety to any person or perceived by the person as harassment or mental or emotional abuse or amount to cyber-bullying.

Privacy and Security

We respect your privacy and is committed to safeguarding your personal data online. We understand the importance of privacy to our customers and visitors to this website. Our collection, processing and disclosure of personally identifiable information is governed by our Personal Data Protection Notice that is published on this website. By assessing and using this website, you agree to be bound by the aforesaid Personal Data Protection Notice.

You recognise and agree that when submitting your personally identifiable information to this website, there is no absolute guarantee of security even though we have placed safeguards to prevent unauthorised access, alteration or interception of this website. In the unlikely event or unforeseeable circumstances of an unauthorised access, alteration or interception despite our security efforts, we shall not be held responsible for such unauthorised access, alteration or interceptions, or any direct, indirect, special, incidental or consequential damages (including loss of profits or goodwill) or indirect, exemplary or punitive damages suffered by our customer or user of this website. Therefore, we do not warrant, either expressly or implied, that the information provided by any customer or user shall be free from unauthorised access, alteration or interception.

Except as expressly stated and agreed upon in advance by us, no confidential relationship shall be established in the event that any user of this website shall have made any oral, written or electronic communication to us (such as feedback, questions, comments, suggestions, ideas etc). Other than any information that can identify an individual and which is defined as “personal data” under Malaysian Personal Data Protection Act 2010 and the collection, processing, disclosing and retention of which is governed under our Personal Data Protection Notice, such other communication and information submitted there to us shall be considered as non-confidential and we shall be free to reproduce, publish, disclose or otherwise use such information for any purposes whatsoever including, without limitation, the research, development, manufacture, production, use or sale of products or services incorporating such information. The sender of any information to us is fully responsible for its content, including but not limited to, its truthfulness and accuracy and its non-infringement of any other party’s proprietary or privacy rights.

Indemnity

You shall indemnify and keep us indemnified to the fullest extent against any and all claims, damages, costs (including our advocates and solicitors’ fees on solicitor-client basis), expenses, demands, action and proceedings made by or brought against us arising from your access and use of this website and/or any breach of these Terms and Conditions in relation thereto by you.

Cookies

A cookie is a small file which asks permission to be placed on your device or computer’s hard drive. Once you agree, the file is added and the cookie distinguishes you from other users of this website and helps to analyse web page traffic or lets you know when you visit a particular website. Cookies allow web applications to respond to you as an individual.

There are different types of cookies, some are essential to the operation of this website, some allow us to recognise and count the number of visitors to this website, some are used to recognise you when you return to this website and some record your visit to this website and your IP address, the pages you have visited and the hyperlinks you have followed.

Further, the use of cookies makes web surfing easier by performing certain functions such as saving your passwords, your personal preferences regarding the usage in a particular website. The web application can tailor its operation to your needs, likes and dislikes by gathering and remembering information about your preferences.

Overall, cookies help us to provide you with a better website by providing us with information about how this website is used so we can keep it as up-to-date, relevant and improved as possible. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.

Many consider the use of cookies to be an industry standard practice. If you choose to have your browser to refuse cookies, it is possible that some areas of this website will not function properly. Therefore, your experience at this website and other websites may be diminished and some features may not work as intended. You may note additionally that if you visit this website and are prompted to log in or are at areas that are customizable, you may be required to accept cookies.

Advertisers, partners and web analytics service providers may also use cookies. We do not control the use of these cookies and disclaim responsibility for information collected through them.

Links to Other Websites

This website may contain hyperlinks of relevance or interest merely for your convenience to enable you to easily visit the websites of the companies within IOI Group and other third parties’ websites. It does not signify that we endorse or makes any representation or warranty or sponsorship whatsoever on such other third parties’ websites. However, once you have used these hyperlinks to leave our site, you should take note that we do not have control over that other websites. Therefore, we are not liable or responsible for the contents or use of the linked websites or their privacy practices or policies or for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by these Terms and Conditions and Personal Data Protection Notice published on this website. You should exercise caution and read carefully the terms and conditions and the privacy notice applicable to the website in question if you visit any of such websites. If you still decide to access and use such websites, you shall do so at your own risks.

Please keep in mind that whenever you voluntarily disclose Personal Data online eg. through emails, discussion lists or elsewhere, those information can be collected and used by others. In short, if you submit Personal Data online that is accessible to the public, you may receive unsolicited messages from other parties in return and/or the privacy of your Personal Data may be compromised. Ultimately, you are solely responsible for maintaining the secrecy of your Personal Data.

Anyone linking to IOI Group’s websites must comply with IOI Group’s guidelines for linking to IOI Group’s websites and all applicable laws.

Furthermore, hyperlinks do not imply that IOI Group is affiliated or associated with or related to that third party or that any linked site is authorised to use any trademark, trade name, logo, copyright, patent, industrial design, confidential information or any other intellectual property of IOI Group.

Third Party Content

Any opinions, statements, products, services, offers, advertisements or other information or content expressed or made available in this website by any third party are those of the third party and not of IOI Group.

Events of Default

Without prejudice to our other rights under these Terms and Conditions, in the event that you shall breach or fail to perform or observe all or any of these Terms and Conditions in any way, we shall have the following rights:

  1. to send you one or more formal warnings;
  2. to delete, unpublish, remove and/or edit any or all of Your Content;
  3. to temporarily suspend your access to this website;
  4. to permanently prohibit you from accessing this website;
  5. to block computers using your IP address from accessing this website;
  6. to contact any or all of your internet service providers and request that they block your access to this website;
  7. to lodge complaints to the relevant authority having power and control in relation to monitoring and investigating reports or complaints on communication and multimedia matters including internet contents or to other relevant enforcement agencies; and/or
  8. to commence legal action against you, whether for breach of contract or otherwise.

Where we suspend or prohibit or block you access to this website or a part of this website, you must not take any action to circumvent such suspension or prohibition or blocking, including without limitation, using another device or IP address to access this website.

Notices

All notices you send to us must be in the English language and in writing and sent to the contact details provided on this website. We may give notice to you either at the email address or postal address you provide to us.

Notice shall be deemed to have been duly given to the recipient:

  1. if it is sent by email to the recipient’s email address, simultaneously with the transmission of the email; or
  2. if it is sent by ordinary mail or registered post to the recipient’s address, five (5) working days after the date of posting of the letter; or
  3. if it is despatched by hand to the recipient’s address, simultaneously with the delivery to and acknowledgment of receipt by the recipient; or
  4. in the event that the recipient is the user of this website, if it is posted or published on this website, simultaneously with the uploading and posting by the owner of this website.

Variations

We reserve the rights, in our sole discretion, to revise, change, vary, modify, add, remove and update these Terms and Conditions and correct any errors or omissions in any portion of this website at any time as we deem fit without any notice to you. Notwithstanding the above, we are under no obligation to update this website.

You should revisit these Terms and Conditions each time you visit this website to review and keep yourself updated on the most current Terms and Conditions at that point of time governing the access and use of this website.

The revised Terms and Conditions shall apply to the access and use of this website from the date of publication of the revised Terms and Conditions on this website and you hereby waive any right you may otherwise have to be notified of or to consent to the revisions of these Terms and Conditions. If you do not agree to the revised Terms and Conditions, you must stop using this website.

Waiver or Indulgence

Knowledge or acquiescence by us of or in any breach of any of these Terms and Conditions herein contained or any indulgence given by us shall not operate as or be deemed to be waiver of such terms and conditions or any of them and notwithstanding such knowledge or acquiescence or indulgence, we shall be entitled to exercise our rights under these Terms and Conditions and to require strict observance of the other of these Terms and Conditions herein by you.

Entire Agreement

These Terms and Conditions, together with our Personal Data Protection Notice and Disclaimer and any other legal notices (if any) published on this website, shall constitute the entire agreement between you and us in relation to your access and use of this website and shall supersede all previous agreements and understandings between you and us with respect to the same (if any).

Severability

Any of the terms and conditions contained herein which is determined by any court or other competent authority to be illegal void prohibited or unenforceable shall be ineffective to the extent of such illegality voidness prohibition or unenforceability without invalidating the remaining provisions hereof and any such illegality, voidness, prohibition or unenforceability shall not invalidate or render illegal, void or unenforceable any other terms and conditions contained herein.

Assignment

You hereby agree that we shall be permitted to novate, assign, transfer, conveys, sub-contract or otherwise deal with our rights, titles, interests, benefits, obligations and/or liabilities under these Terms and Conditions without any notification or consent being required.

However, you shall not be permitted, without our prior written consent, to novate, assign, transfer, conveys, sub-contract or otherwise deal with any of your rights, titles, interests, benefits, obligations and/or liabilities under these Terms and Conditions.

Governing Law and Jurisdiction

The Terms and Conditions herein shall be governed by and construed in accordance with the laws of Malaysia and you shall submit to the non-exclusive jurisdiction of the courts of Malaysia.

International Users

This website is owned and administered by IOI from its offices in Malaysia. Information and materials published on this website may refer to products, services, facilities or programmes that are not available in your territory and/or country.

IOI makes no representation that the information and materials on this website are appropriate, suitable or available for use at any other locations outside of Malaysia and access to them from territories and/or countries where their contents are illegal is prohibited and shall be at your own risks and liabilities.

You may not access and use this website and/or the information and materials contained therein in violation of the laws of Malaysia or any other country. If you access this website from a location outside of Malaysia, you are responsible for compliance with all applicable laws.