Cybiant Website Terms of Use

[Updated on April 24, 2019]

These Terms of Use (the “Terms of Use”) govern your use of Cybiant’s websites (including www.cybiant.com), mobile sites, microsites or mobile applications, and all related features, pages and sub-domains (such as the Forums as referenced below) (collectively, the “Site”). Throughout these Terms of Use, “Cybiant” or “we” refers to Cybiant Asia Sdn. Bhd. and its affiliates. These Terms of Use do not apply to the purchase, access or use of any of Cybiant’s products or services, which are subject to the applicable Cybiant Terms and Conditions.

By accessing or using the Site, you agree to these Terms of Use. If you are using the Site on behalf of your employer, you represent that you are authorised to agree to these Terms of Use on your employer’s behalf. If you do not agree to these Terms of Use, do not use the Site. These Terms of Use may change over time. Whenever you visit this Site, you agree to the version of The Terms of Use then posted.

Additional terms and conditions on the Site may apply to specific portions or features of the Site. Such terms and conditions supplement these Terms of Use and, along with our Privacy Statement (referenced below), are considered a part of these Terms of Use. To be clear, the Site may contain separate agreements that govern your use of certain portions or features of the Site. These separate agreements apply to their subject matter, but they do not change your obligations with respect to the Site in general.

1. Materials & Ownership

The Site may contain information, software, documentation, data, services, logos, trademarks, trade dress, artwork, text, video, audio, video, pictures, content and other materials (collectively, “Materials”).

You may download Materials that provide information on Cybiant products and services (such as white papers, press releases, datasheets, and product documentation) and that are made available by Cybiant for download from the Site. Cybiant retains all rights and title to such Materials, but grants you the limited right to use such Materials for your personal, non-commercial and informational purposes; provided that you do not (a) distribute any such Materials on any networked computer or broadcast such Materials in any media, (b) remove any proprietary notice language from such Materials, (c) make any modification to such Materials, or (d) make any representation or warranty relating to such Materials. Except as expressly provided above, or as specifically permitted elsewhere on the Site, you may not use, reproduce, republish, post, transmit or distribute any Materials.

Cybiant and/or its licensors or suppliers own the Materials, as well as the design, structure, selection, coordination, expression and arrangement of such Materials on the Site, and all intellectual property rights therein and thereto. The Cybiant logos, trademarks, service marks or other business names are the trademarks or registered trademarks of Cybiant Asia Sdn. Bhd. or its affiliates in Malaysia and other jurisdictions (“Trademarks”). All other company and product names may be trademarks or registered trademarks of their respective companies.

The Materials and the Trademarks are protected by law, including copyright, trademark and other intellectual property laws, as well as unfair competition laws and international treaties. Other than the limited rights granted in these Terms of Use, nothing on the Site shall be construed as conferring to you any license in any intellectual property rights, whether by implication, estoppel or otherwise.

2. Your Use of the Site

With respect to your use of the Site you may not, and agree not to:

  1. use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process to access, acquire, copy or monitor the Site or any Materials;
  2. reproduce or circumvent the navigational structure or presentation of the Site or any Materials to obtain, or attempt to obtain, any materials, documents or information through any means not purposely made available to you through the Site;
  3. reverse engineer or decompile any software or code accessed through the Site;
  4. attempt to gain unauthorised access (by hacking, password “mining” or any other means) to (i) any portion or feature of the Site, (ii) any other system or network connected to the Site, (iii) any Cybiant server, or (iv) any of the services offered on or through the Site;
  5. probe, scan or test the vulnerability of the Site or any network connected to the Site;
  6. breach the security or authentication measures on the Site or any network or system connected to the Site;
  7. exploit the Site, or any service or information made available through the Site, in any way, including for the purpose of discovering any third party’s information;
  8. reverse look-up or trace any information on any other user of or visitor to the Site or any other customer of Cybiant, or otherwise collect, or seek to collect, any private commercial or personal information;
  9. use the Site to transmit any unauthorised advertising or similar materials (such as junk mail or spam) or to solicit any users of Cybiant’s products or services for commercial purposes;
  10. take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site, Cybiant’s systems or networks, or any system or network connected to the Site or to Cybiant;
  11. use any device, software or routine in order to interfere, or attempt to interfere, with (a) the proper working of the Site, (b) any transaction conducted on the Site, or (c) any third party’s use of the Site. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Cybiant on or through the Site. You may not pretend that you are any other individual or entity, or misrepresent your authority to represent any entity;
  12. use the Site or any Materials for any purpose that is unlawful or otherwise prohibited by these Terms of Use; and
  13. solicit the performance of any illegal activity or other activity which infringes the rights of Cybiant or third parties.

Access to the Site may be monitored by Cybiant, including to verify your compliance with these Terms of Use.

3. Passwords and Security

If you are required to complete a registration process to enter a portion of the Site, you will provide us with current, complete and accurate information as prompted by the applicable registration form. You are entirely responsible for maintaining the confidentiality of your password to any account that you create and are responsible for any and all activities that occur under your account. You agree to notify Cybiant immediately of any unauthorized use of your account or any other breach of security. Cybiant will not be liable for any loss that may incur as a result of someone else using your password or account, either with or without your knowledge. You may be held liable for losses incurred by Cybiant or another party due to someone else using your account or password. You may not use anyone else’s account at any time.

4. Links to Third Party Websites

Links to third party websites on the Site are provided as a convenience to you. Such third party websites are not owned or operated by Cybiant, and Cybiant does not assume any responsibility or liability for any communications or materials available through such third party websites. Cybiant does not intend links on the Site to be referrals or endorsements of the third party entities or their products.

5. Privacy Statement

Cybiant is concerned about your privacy and has developed a policy to address privacy concerns. You can find the current privacy statement at http://www.cybiant.com/privacy-statement/ (“Privacy Statement”). By using the Site, you agree to our Privacy Statement. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

6. Note about Minors

Minors are not eligible to use the Site. We ask that minors do not submit any personal information to Cybiant. By using the Site, you represent that you are at least 18 years old.

7. Export Restrictions/Legal Compliance; International Use

Materials derived or obtained from the Site may be subject to the Malaysian export laws and the export or import laws of other countries. You agree to comply strictly with all such laws and, in particular, shall (a) obtain any export, re-export, or import authorisations required by Malaysia or your local laws, (b) not use Materials from the Site to design, develop or produce missile, chemical/biological, or nuclear weaponry, and (c) not provide services, content, or direct product from the Site to prohibited countries and entities identified in the Malaysian export regulations. By choosing to access the Site from any location other than Malaysia, you accept full responsibility for compliance with all applicable local laws.

8. Contact Information

If you have any questions regarding these Terms of Use or the website, please contact Cybiant at info@cybiant.com. Notices about copyright infringement must be submitted in accordance with Section 11 (DMCA Policy).

9. Disclaimer of Warranty

The site, materials, or information derived from the site are provided “as is” and “as available” without warranties of any kind including warranties of merchantability, fitness for a particular purpose, or non-infringement. Cybiant does not warrant that (a) the Site or Materials will meet your requirements, (b) the Site or any portion thereof will be uninterrupted, timely, secure, or error-free or that Cybiant will fix any errors, or (c) that Materials will be accurate, up-to-date or complete.

Use of the Site or any Materials is at your own discretion and risk, and Cybiant is not responsible for any decisions you make based on such use. Cybiant is not responsible for any damage caused to your computer or data, or from any bugs, viruses, Trojan horses or other destructive or harmful code resulting from use of the Site or Materials. Cybiant may make changes to the Materials or the Site, or to any products, services or prices described therein, at any time, with or without notice to you.

The disclaimers above apply to the fullest extent permitted by applicable law. Some countries do not allow exclusion of implied warranties, so some of the above disclaimers may not apply to you. You may also have other legal rights, which vary from country to country.

10. Limitation of Liability

In no event will Cybiant, its affiliates, suppliers, or licensors be liable for any damages whatsoever including, without limitation direct, indirect, punitive, special or consequential damages, or those damages resulting from lost profits, lost data or business interruption arising out of the use, inability to use, or the results of use of the site or materials, whether based on warranty, contract, tort or any other legal theory, or whether or not Cybiant has been advised of the possibility of such damages. if your use of the materials or the site results in the need for servicing, repair or correction of equipment or data, you assume all costs thereof, and Cybiant shall not be responsible for cost of any procurement of substitute goods.

The limitations and exclusions above apply to the fullest extent permitted by applicable law. Some countries do not allow the limitation of consequential, incidental, or other types of damages, and some of the above limitations may not apply to you. To the extent any jurisdiction does not permit the above disclaimers of direct damages, you hereby agree that the cumulative liability of Cybiant (and its suppliers, licensors, directors, investors, employees, agents and contractors) under these Terms of Use will be limited to one hundred euros (EUR 100).

11. DMCA Policy

If you believe something on the Site violates your copyright, please provide notice to our copyright agent (identified below). Your notice must include the following information:

  1. a physical or electronic signature of the owner, or a person authorised to act on behalf of the owner, of the copyright you allege is being infringed;
  2. a description of the copyrighted work that you allege is being infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
  3. a description of the allegedly infringing material and information sufficient to permit us to locate the material;
  4. information reasonably sufficient to permit us to contact you, such as an address, telephone number, and/or an e-mail address;
  5. a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, or its agent, or the law; and
  6. a statement by you that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed.

Designated Agent for Notification of Claimed Copyright Infringement:

Attn: General Counsel
Address: Cybiant Asia Sdn. Bhd.
Suite K03, Level 2A
No 10, Jalan Sultan Ismail

12. Termination; Violation of these Terms of Use

You agree that Cybiant may, in its sole discretion and at any time, terminate your access to all or any part of the Site or delete your accounts or any materials you have stored on the Site, including, without limitation, if you violate these Terms of Use or any applicable law. In particular, if we find out that you have used the Site to infringe any copyrights or other third party proprietary rights, we may remove any of your materials from the Site or, if we determine that you are a repeat infringer, we may terminate all access you have to the Site. We consider a repeat infringer to be someone who has been notified of infringing activity more than twice or had their materials removed from the Site more than twice. To be clear, if Cybiant, in its sole discretion, takes any of the actions described in this paragraph: (a) Cybiant may, but has no obligation to, provide you notice, (b) you will not receive any refund for fees you may have paid through the Site, and (c) Cybiant will have no liability to you as a result of such action.

Without limiting the terms of our Privacy Statement, Cybiant may preserve or disclose any information that we have about you (including without limitation your identity and any communications you make through the Site) if Cybiant determines that such preservation or disclosure is reasonably necessary to (i) comply with applicable law, regulation, legal process, or governmental request (including without limitation for fraud protection purposes); (ii) enforce these Terms of Use; (iii) investigate or respond to claims that any such data violates the rights of others; or (iv) protect the rights, property or personal safety of Cybiant, its employees, users of or visitors to the Site, or the public.

13. Indemnification

You agree to defend, indemnify and hold harmless Cybiant and its respective officers, directors, principals, employees, contractors, and agents harmless from and against any and all demands, claims, damages, losses, costs and expenses, including, without limitation, reasonable attorneys’ fees and costs of suit, arising or resulting from your use or misuse of the Site or Materials or breach of these Terms of Use.

14. Forum Terms; User Materials

The following terms apply to your access to and usage of Cybiant portals, blogs, communities, forums, or any other feature of the Site permitting the posting of materials (“Forums”) in addition to these Terms of Use. You or a third party (“Users”) may post, submit, upload, link to or display (referred to as “posting”) materials on a Forum. Cybiant does not claim ownership of the materials you or other Users post. By posting any material to a Forum or otherwise through the Site, you grant Cybiant (and our licensors, suppliers, licensees and all other Users) a worldwide, perpetual, irrevocable, non-exclusive right and license, with the right to sublicense (through multiple tiers), for no compensation, and in any manner, form or medium, to (a) use, copy, distribute, transmit, perform, edit, translate, link to, frame, reformat, publish, transcode, display, modify and otherwise create derivative works of your materials, (b) display advertising on or in close association with your materials, and (c) publish your name in connection with your materials. If you do not agree to the foregoing license you should not post any materials on a Forum. For all material you post on a Forum, you represent and warrant that you have all rights necessary for you to grant the permissions in this Section 14.

In addition, you shall not post any material on or through a Forum, or otherwise engage in any conduct in connection with any Forum, that:

  1. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, or which contains explicit or graphic descriptions or accounts of sexual acts;
  2. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
  3. impersonates any person, business or entity, including Cybiant and its employees and agents;
  4. contains any viruses, Trojan horses or other destructive or harmful code, or that could otherwise damage or harm anyone else or their systems; or
  5. infringes or violates any intellectual property, privacy or other proprietary rights of any other party.

You agree that Cybiant is not liable for any material that is posted by any User of a Forum, whether you find it harmful, inaccurate, offensive or otherwise. We have no duty to pre-screen content, but we have the right to refuse to display, delete or edit submitted material. We reserve the right to remove any material for any reason, but we are not responsible for any failure or delay in removing such material. We do not promise to store or make available on the Site any materials that you or any other User posts for any length of time. You are solely responsible for keeping back-ups of everything that you post on the Site.

15. Feedback

If you provide any feedback, recommendations for improvements or features of the Site or any Cybiant products or services, implementation of that feedback or recommendation is owned by Cybiant and may become part of our Site, products and services without compensation to you.

16. General Terms

The Terms of Use constitute the entire agreement between you and Cybiant relating to your use of and access to the Materials and the Site, and cancel and supersede any prior versions of the Terms of Use. Cybiant may from time to time modify these Terms of Use as described in the introduction language at the beginning of this document. No modification of these Terms of Use by you will be binding, unless in writing and signed by an authorized Cybiant representative.

Malaysian law governs any action related to the Terms of Use, the Site and/or your use of the Site. Choice of law rules of any jurisdiction and the United Nations Convention on Contracts for the International Sale of Goods will not apply to any dispute under the Terms of Use. You and Cybiant agree to submit to the personal and exclusive jurisdiction of the courts located within the Klang Valley, Malaysia. Upon termination or expiration of the Terms of Use, your right to access the Site or Materials ceases, but all other provisions of these Terms of Use will survive. Any express waiver or failure to exercise promptly any right under the Terms of Use will not create a continuing waiver or any expectation of non-enforcement. You may not assign or transfer any of your rights or obligations under these Terms of Use; Cybiant may freely assign and transfer these Terms of Use. If any provision of the Terms of Use is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms of Use will remain in full force and effect.

Any lawsuit brought by you under these terms of use must be filed within one year after the event that gave rise to the lawsuit. otherwise, you agree any action arising under these terms of use will be permanently barred.