These terms and conditions ("Terms and Conditions") set out the general terms governing your use, whether as guest or a registered user, of our website under the domain name www.ipivot.biz ("Website") operated by iPivot Sdn Bhd ("the Company, we, our or us").
Please read these Terms and Conditions carefully before using the Website. By accessing this Website, you acknowledge that you have read, understood and agree to be bound by these Terms and Conditions, any notices on the Website published or updated by us from time and any other applicable laws and regulations. If you do not accept these Terms and Conditions, please refrain from using this Website immediately.
We may, at our sole discretion, amend these Terms and Conditions from time to time without notice to you. Any such amended Terms and Conditions will be uploaded on the Website, together with the effective date of the amendment. If there is a conflict or inconsistency between two or more versions of such Terms and Conditions, the most recent version shall take precedence unless otherwise expressly stated. You are responsible to regularly review information posted on the Website to obtain timely notice of such changes. Your continued use of the Website after changes are posted constitutes your acceptance of the amended Terms and Conditions.
This Website is not directed at or intended for distribution to or use by any individual or entity who is a citizen or resident of (or located or established in) any jurisdiction where the access to or use of the Website would be contrary to applicable law or regulation or would subject the Company to any registration or licensing requirement in such jurisdiction. If you wish to access this Website you are required to keep yourself informed of any legal or regulatory restrictions which may affect your eligibility to access the Website and to observe such restrictions.
Nothing on this Website constitutes an offer, promotion, recommendation, inducement, solicitation, or invitation to subscribe for or acquire securities in any jurisdiction. No action has been or will be taken under any legislation or regulation of any jurisdiction in order to permit any public offering of securities. The accessibility and usage of this Website, the viewing of offers lawfully made via this Website, and the subscription or acquisition of securities that are the subject of an offer lawfully made via this Website in certain jurisdictions may be restricted by the relevant laws in such jurisdictions.
AGE OF CONSENT
If you are a natural person, you acknowledge that you have read and understood these Terms and Conditions and that you are at least 18 years old. Persons under 18 years of age are not eligible to use the Website without the consent and supervision of a parent or legal guardian who is at least 18 years old, provided such parent or legal guardian also agrees to be bound by these Terms and Conditions and agrees to be responsible for such use of the Website.
If you are using the Website on behalf of a legal entity, you warrant that you have the right to enter into agreements on behalf of such legal entity and otherwise represent such legal entity in all your interactions with us.
ACCURACY OF INFORMATION
You hereby undertake to fully cooperate with the Company (including by providing all information requested by us without delay) to: (a) facilitate our onboarding process with respect to users; (b) enable us to comply with all applicable laws, regulations, and other requirements (including 'know-your-client' checks and compliance with anti-money laundering and counter financing of terrorism laws, regulations, and requirements); and (c) enable us to comply with requests by any regulator or authority including, without limitation, the Securities Commission Malaysia or to perform our obligations under these Terms and Conditions or any other relevant agreement between or concerning you and the Company.
We process information about you in accordance with our Privacy Notice. By using this Website, you consent to such processing and warrant that all information submitted by you to us, whether via the Website or otherwise, is true, accurate and complete and is not misleading by omission or otherwise. If any information submitted by you to us has changed or is no longer up to date, you shall promptly furnish us with the new or up to date information.
If you provide any information that is or becomes untrue, inaccurate or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate or incomplete, we reserve the right to suspend or terminate your account and prohibit all future access to the Website.
If you would like to use any of our services on the Website, you will need to register for an account ("Account") of which you will be able to access on the Website.
Once you register with the Website, you are required to create a username for, and allocate a password to, your Account. Any username and password which you choose must not be harmful, abusive, racially or ethically offensive, sexually explicit, defamatory, infringe any intellectual property right, be invasive of personal privacy rights, or otherwise be in breach of any applicable laws. The Company is entitled to change any username or password that is in breach of these Terms and Conditions.
You are personally responsible for maintaining the confidentiality of your password and other details in relation to your Account at all times. At no time should you respond to an online request for a password of your Account. We will not ask for your password offline or online, except that you will be required to enter your password as part of the log-on process. You agree and warrant that you will not disclose (wilfully, negligently, or otherwise) credentials of your Account to any third party or otherwise allow any third party to use your Account or your access to the Website. You agree to notify us immediately of any unauthorised use or any other breach of security in relation to your Account.
You further agree to accept responsibility for all activities that occur under your Account. Accordingly, you agree that any use of or access to the Website referable to your Account (whether or not such access or use is authorised by you) shall be deemed to be use of or access to the Website by you and all information, data, instructions or communications carried out, transmitted from, issued by, or otherwise validly originating from your Account shall be deemed to be carried out, transmitted, or validly issued by you. You further agree that you shall be bound by any access, use, instructions or communications referable to your Account and that the Company shall be entitled to act upon, rely on, and hold you solely responsible and liable in respect thereof.
Your Account must be registered with a valid personal email address that you access regularly, so that, among other things, administration emails can be sent to you. Any Account which has been registered with someone else's email address or with a temporary email addresses may be closed without notice. We may require you to validate Accounts at registration or if we believe you have been using an invalid email address. We also reserve the right to cancel your Account if it is not accessed for a continuous period of one year.
We reserve the right to take any action we deem appropriate upon receiving notification from you of any unauthorised use of your account or any intentions or actions that disrupts the Website in any way.
AVAILABILITY OF THE WEBSITE, SECURITY AND ACCURACY
Whilst we endeavour to make the Website available 24 hours a day, we shall not be liable if for any reason the Website is unavailable for any time or for any period. We make no warranty that your access to the Website will be uninterrupted, timely or error-free. Due to the nature of the Internet, this cannot be guaranteed. In addition, we may occasionally need to carry out repairs, maintenance or introduce new facilities and functions.
Access to the Website may be suspended or withdrawn to or from you personally or all users temporarily or permanently at any time with or without notice. We may also impose restrictions on the length and manner of usage of any part of the Website for any reason. If we impose restrictions on you personally, you must not attempt to use the Website under any other name or user.
We do not warrant that the Website will be compatible with all hardware and software which you may use. We shall not be liable for damage to, or viruses or other code that may affect, any computer equipment, software, data or other property as a result of your access to or use of the Website or your obtaining any material from, or as a result of using, the Website. We shall also not be liable for the actions of third parties.
We also do not warrant the security of any information transmitted by or to you through the Website. You accept the risk that any information transmitted or received through the Website may be accessed by unauthorised third parties or disclosed by the Company to third parties purporting to be you or purporting to act under your authority. Transmission over the Internet and e-mail may be subject to interruptions, transmission blackouts, delayed transmissions due to Internet traffic, or incorrect data transmissions due to the public nature of the Internet.
You acknowledge and agree that user authentication on the Internet is generally difficult to establish, and hereby accept the risk that online activities may be subject to fraudulent or deceptive activity. The Company does not warrant or confirm (a) each user’s purported identity; (b) that users have not misused the usernames or passwords; or (c) that users have complied, fully or otherwise, with these Terms and Conditions. Accordingly, we will not be liable where there is a dispute or claim involving or relating to the identity of any user.
We may change or update the Website and anything described in it without notice to you.
Whilst we endeavour to ensure that information and materials on the Website are correct, no warranty or representation, express or implied, is given that they are complete, accurate, up-to-date, fit for a particular purpose and, to the extent permitted by law, we do not accept any liability for any errors or omissions. This shall not affect any obligation which we may have under any separate contract that we may have with you, including any obligation that we may have expressly assumed under that contract to provide you with accurate information and advice, and which we may do through a secure part of the Website available to people who use the appropriate password.
The material contained on the Website is provided for information purposes only and it shall not give rise to any commitment or obligation by us. Any information on the Website shall not constitute any part of an offer or contract.
THIRD PARTY LINK
From time to time, we may place links to websites controlled, owned or operated by third parties ("Third Party Links") on the Website. These Third Party Links are provided “as is” solely for your convenience with no warranty, express or implied, as to the information provided within them. Unless we expressly state otherwise, you should assume that the Third Party Links and the contents thereunder is not under the control of the Company or our related corporations.
The inclusion of these Third Party Links on the Website does not constitute our endorsement of these Third Party Links. These Third Party Links are used at your own risk and we take no responsibility for their contents and availability. You acknowledge and agree that you will be solely responsible for any access to or use of Third Party Links through the Website and that your access to or use of any Third Party Links will be governed by such third party’s terms and conditions, and is not the responsibility of the Company. We do not warrant, represent, or otherwise assure that your use of the Website to access or use the Third Party Links is permitted or in compliance with terms and conditions, laws, or regulations applicable to the same. Accordingly, you shall not have any right or claim, and hereby waive any rights you may have (if any), against us in respect of any breach or failure to comply with the terms and conditions, laws, or regulations applicable in respect of your access to or use of such Third Party Links through the Website.
You must not without our permission frame any of the Website onto your own or another person's website.
We hereby grant to you a revocable, non-exclusive, royalty-free right to provide a link from your website to the home page of the Website, provided that you do so in a fair and legal way without damaging our reputation or taking advantage of it. In particular:
you shall not make any warranties or representations about us, our services or our policies except with our prior express authorisation;
you shall not say anything that is false, misleading, derogatory or offensive about us or our services or policies; and
you shall not suggest expressly or impliedly that we have endorsed your site or are associated with it where this is not the case.
WEBSITE CONTENT, COPYRIGHT AND TRADEMARK
You acknowledge and agree that all rights to the Website and all the contents displayed on the Website, including but not limited to, our logo, domain names, documents, images, clips, graphics, data, design, source code, software, and other information (collectively referred to as ("Website Content") are our sole property or of the entities affiliated with us or parties with whom we have contracted.
You may print off one copy, and may download extracts, of any page(s) from the Website for your personal reference and you may draw the attention of others within your organisation to material posted on the Website.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
You must not use any part of the materials on the Website for commercial purposes and/or public circulation without obtaining a license to do so from us or our licensors.
If you print off, copy or download any part of the Website in breach of these Terms and Conditions, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
You are prohibited from creating a link to the Website in any other webpage without our prior written consent.
Any consent we may give in relation to or in connection with the Website Content or Website may be withdrawn at any time without prior notice.
You shall not in any way use the Website or submit to us or to the Website or to any use of the Website including the forums available to the registered user anything in any respect that:
is in breach of these Terms and Conditions, policies and/or any other agreements that you have entered into with us;
may be obscene, indecent, pornographic, vulgar, profane, racist, sexist, offensive, discriminatory, derogatory, harmful, unlawful, threatening, harassing, embarrassing, malicious, abusive, hateful, menacing, untrue, political, defamatory or libellous;
violates any law, statute and/or regulation of any applicable jurisdiction including but not limited to the regulations of the Securities Commission Malaysia;
is false, inaccurate, misleading or out of date;
is fraudulent, criminal or unlawful;
impersonates any other person or body or misrepresents a relationship with any person or body;
may be contrary to our interests;
may infringe or breach the copyright or any intellectual property rights;
involves your use, delivery or transmission of any unsolicited materials, advertising, promotional materials, chain letters, junk mail, spam, pyramid schemes, or any other form of commercial and non-commercial solicitation;
may contain any private information of any third party, including, without limitation, surname (family name) addresses, phone numbers, email addresses, National Registration Identity Card numbers, passport numbers and credit card numbers; or
may contain any content or links to content that, in our sole judgment, (i) violates the previous paragraphs, (ii) is objectionable, (iii) which restricts or inhibits any other person from using or enjoying the forum on the Website and/or the Website, or (iv) which may expose us or its users to any harm or liability of any type, (collectively, "Restricted Activities").
Upon our reasonable belief that you have committed any breach or suspected to commit breach of the Restricted Activities, we reserve the immediate right to suspend and/or terminate your account, remove or edit any content or information that is in breach of the Restricted Activities and/or prohibit your use and access of our Website.
To the extent permitted by law, the Company, its affiliates, officers and employees shall not be liable to you (whether in contract, tort, negligence, misrepresentation, restitution or under any legal head of liability) in relation to your use or inability to use or delay in use of the Website or any material in it or accessible from it or from any action or decision taken as a result of using our Website or any such material including, without limitation, (a) indirect or consequential losses, damages, costs or expenses; (b) loss of actual or anticipated profits; (c) loss of contracts; (d) loss of use of money; (e) loss of anticipated savings; (f) loss of revenue; (g) loss of goodwill; (h) loss of reputation; (i) loss of business; (j) loss of operation time; (k) loss of opportunity; or (l) loss of, damage to or corruption of data, whether or not such losses were reasonably foreseeable or we had been advised of the possibility of you incurring such losses. For the avoidance of doubt, (b) to (l) apply whether such losses are direct, indirect, consequential or otherwise.
You agree to defend, indemnify and hold harmless the Company, its affiliates, officers and employees from and against any and all claims, losses, expenses, demands or liabilities, including solicitors’ fees and costs that we have incurred in connection with any claim by a third party (including any intellectual property claim) arising out of or your use of the Website or the placement or transmission of any message, information, software or other materials through the Website by you or users of your Account in violation of these Terms and Conditions or in violation of any applicable law.
If any of these 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 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 and the remaining Terms and Conditions shall survive, remain in full force and effect and continue to be binding and enforceable.
No failure on the part of the Company to exercise, and no delay on our part in exercising, any right or remedy under these Terms and Conditions shall operate as a waiver thereof, nor will any single or partial exercise of any right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy.
THIRD PARTY RIGHTS
A person who is not a party to these Terms and Conditions has no right to enforce any term of these Terms and Conditions.
You agree that you use the Website at your own risk. We do not provide any financial, investment, legal or tax advice or recommendations to any person wishing to use our Website. You should make your own assessments of any investment opportunity on our Website and should seek independent advice before committing to any investment.
You consent to receiving communication from us electronically and you agree to the Company’s use of electronic communication to enter into agreements and communicate with you in accordance with the Electronic Commerce Act 2006.
If you wish to communicate with us about anything related to these Terms and Conditions, you may do so by sending an email to firstname.lastname@example.org.
These Terms and Conditions and your use of the Website (and all non-contractual relationships arising out of or connected to it or them) shall be governed by, construed and enforced in accordance with the laws of Malaysia. You agree to submit to the exclusive jurisdiction of the Malaysia courts to settle any dispute which may arise under these Terms and Conditions.
If there is any complaint, you may address the same to us by writing to us under the "Support" section of our Website.
Unresolved disputes will be referred to our oversight body which consists of our board of directors, Chief Executive Officer and such other person or persons deemed appropriate by the Company to be part of the oversight body.
If you remain unsatisfied with our response to the complaint, you may refer the complaint to the Securities Commission Malaysia by contacting the Investor Affairs & Complaints Department, details of which are as follows:
Investor Affairs & Complaints Department
Securities Commission Malaysia
No 3 Persiaran Bukit Kiara
B50490 Kuala Lumpur
Tel: 603 6204 8999
Fax: 603 6204 8991