These terms of use regulate the use of the website and software located at https://tms.mbl.my/terms-and-conditions and shall apply to all visitors/users of this website and software. This website is owned and operated by Optimum Technology Holding Sdn. Bhd. The terms “You”, “Your”, “Yours” and “Yourself” refer to all visitors/users to this website and software. The use of this website is subject to your agreeing to the terms. You must not use the website and software if you disagree with any of the terms and conditions contained in these terms.
The company has the absolute right to modify any content in this website, including these terms, without notifying you. Any modification to these terms will be effective upon posting. Your continued use of this website and software after any modification to the terms indicates your acceptance of the modified terms of use.
You agree that you will not:
In these terms, “Your Content” shall mean any audio, video, text, images or other information and/or material you provide on or through this website/ software. You hereby grant the company a perpetual, unlimited, royalty-free, worldwide, non-exclusive, irrevocable, transferrable licence to use your content for any purpose whatsoever subject to the terms of the Privacy Policy, which is available on this website (https://tms.mbl.my/privacy-policy). You hereby represent and warrant that You have the right to grant the licence set out above and your content does not infringe any third party’s rights.
The company hereby reserves the right to remove any of your content from this website/ software at any time without notice.
All editorial content, information, photographs, illustrations, artwork and other graphic materials, and names, logos and trade marks on this website/ software belong to us and/or our suppliers, as the case may be. These works, logos, graphics, sounds or images may not be copied, reproduced, retransmitted, distributed, disseminated, sold, published, broadcasted or circulated whether in whole or in part, unless expressly permitted by us and/or our suppliers in writing, as the case may be.
Nothing contained on this website/ software should be construed as granting by implication, estoppel or otherwise, any licence or right to use any trade mark displayed on this website/ software without our written permission. Misuse of any trade mark or any other content displayed on this website/ software is prohibited.
We will not hesitate to take any legal action against any unauthorised usage of trade marks, names or symbols to preserve and protect our rights in the matter. All rights not expressly granted herein are reserved. Other products and company names mentioned herein may also be the trade marks of their respective owners.
This website/ software, the information on this website/ software and use of all related facilities are provided on an “as is” basis without any warranties whether express or implied. We do not warrant that this website/ software will always be accessible, uninterrupted, timely, secure, error free or free from computer virus or evasive or damaging code or that this website/ software will not be affected by any acts of God or other force majeure events, including inability to obtain or shortage of necessary materials, equipment facilities, power or telecommunications, lack of telecommunication equipment or facilities or failure of information technology or telecommunication equipment or facilities.
While we may use reasonable efforts to include accurate and up-to-date information on this website/ software, we make no warranties or representations as to its accuracy, timeliness or completeness. In no event shall the company nor its officers, directors and employees be liable for any direct, indirect, incidental, special, consequential or punitive damages howsoever caused resulting from your access to, use of or inability to use, reliance on or downloading from the website/ software, or any delays, inaccuracies in the information or in its transmission including but not limited to damages for loss of business or profits, use, data or other intangible, even if we have been advised of the possibility of such damages. the company and its officers, directors and employees shall also not be liable for any damages or losses resulting from viruses, data corruption, failed messages, transmission errors or problems, telecommunication service providers, links to third party websites, personal injury, third party content, products or services, damages or losses caused by you, agents or subcontractors, loss of use or lack of availability of facilities including computer resources, routers and stored data, the use or inability to use this website/ software or the content, any other website accessed to or from this website/ software, events beyond our reasonable control even if we have been advised of the possibility of such damages or claim.
To the fullest extent permitted by applicable law, we disclaim all representations and warranties relating to this website/ software and its contents, including in relation to any inaccuracies or omissions in this website/ software, warranties of merchantability, quality, fitness for a particular purpose, accuracy, availability, non-infringement or implied warranties from course of dealing or usage of trade.
Notwithstanding our efforts to ensure that our website/software is secure, You acknowledge that all electronic data transfers are potentially susceptible to interception by others. We cannot, and do not, warrant that data transfers pursuant to this website/ software, or electronic mail transmitted to and from us, will not be monitored or read by others.
Although we use reasonable endeavours to ensure that any software made available on this website/ software is suitable for downloading, installation and use by you, all such software is provided “as is” without any warranty. Specifically, and without limitation, we do not warrant that any such software is virus free, without defects, compatible with other software or operating systems or suitable for any specific purpose. We accept no liability for any loss or damage caused by the downloading, installation or use of any such software, and the general exclusions and limitations above apply to such downloading, installation or use by you.
This website may contain links to other sites. We do not assume responsibility for the accuracy or appropriateness of the information, data, opinions, advice or statements contained at such sites and when you access such sites, You are doing so at your own risk. In providing links to other sites, we are in no way acting as a publisher or disseminator of the material contained on those sites and do not seek to monitor or control such sites.
You agree to indemnify, defend and hold harmless the company, its officers, directors and employees against all actions, proceedings, costs, claims, damages, demands, liabilities and expenses whatsoever (including legal costs) sustained, incurred or paid by the company directly or indirectly in respect of any of your content provided on or through this website/ software or which is sent to the company by electronic mail or your use or misuse of this website/ software or its contents, including infringement claims.
These terms of use shall be governed by the laws of Malaysia and you hereby agree to submit to the non-exclusive jurisdiction of the Malaysian courts.
If any provision of these terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.