The Terms of Use stated herein shall apply to all users of this Portal ("Users" or "User" as the context may require) and may be amended, varied and updated by the operator of the PRECISE Web Portal ("Operator") from time to time at its sole discretion. Any breach of these terms and conditions, would entitle the Operator to claim all remedies available by law and in equity for such breach, including preventing the user from further access.
Description Of Service
The Users acknowledge that the Users have read the Terms of Use and all related terms referenced herein before proceeding to access the Portal. The Users agree to all terms and conditions contained herein. The Users have independently evaluated all aspects of these provisions and the desirability of using the Portal site and its services. The Users are not relying on any representation, guarantee, or statement other than those expressly set forth in these provisions.
Independent Review Acknowledgement
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Registration and Privacy Policy
To use the Portal, PETRONAS users must be registered with the Operator. The information provided by the Users must be true, accurate and complete. The Users are fully responsible for maintaining the accuracy of the information and shall be fully responsible for all information provided them. The Operator may at, any time at its sole discretion, prevent, suspend or terminate any access by of the Users if it suspects that the information provided may be misleading, inaccurate or incomplete.
The Users agree that the Operator may disclose their information and any content that is transmitted through the Portal to the PETRONAS Group of Companies for the purposes of: (i) administration (ii) legal requirements (iii) enforcements of the terms and conditions contained herein (iv) any other purposes deemed appropriate and necessary at the sole discretion of the Operator.
Users Account, Password and Security
After successfully completing the registration process, the User will be given a password to access the Portal along with their staff or student number. The Operator will not hesitate to take any legal action against any unauthorized individuals attempting to access the Portal for whatever purposes.
The Users are entirely responsible for protecting and maintaining the confidentiality of their respective user password as well as any activity that takes place within the Portal using such password, whether it is authorised or otherwise. The Users agree to notify the Operator of any unauthorised use of their respective user password immediately upon being aware of such incident.
Conduct of the Users
The Operator may at any time prevent any User from accessing and using the Portal if the Operator is of the opinion that:
Any of the User's activity has or is likely to be the cause of the failures, interruptions, errors or defects to the Portal and/or any part of its system; or
the User fails to follow the terms and conditions contained herein and/such other additional terms and conditions as may be advised by the Operator from time to time.
Unless otherwise consented by the Operator, the Users are expressly prohibited from using, storing, downloading, selling, reproducing, redistributing, adapting or otherwise dealing with the information contained in the Portal for any purpose other than for purpose of doing research, reference work, etc. which contribution is towards PETRONAS as a whole.
Users are also prohibited from using or distributing the information obtained from the Portal for the following purposes:
compiling an internal database;
commercial information redistributing or reproduction through any media or network;
infringing and/or assisting any infringement of proprietary rights activities in whatever manner;
and/or trading, building commercial database or reselling such information.
The Users hereby agree that the Operator may at any time without giving any prior notice suspend or prevent the access to the Portal, if it is at its sole discretion believes that it is necessary to do so for the purposes of repairing, altering, modifying, updating, amending or replacing any part of the Portal.
The Operator does not warrant that functions contained in the Portal will be uninterrupted or error free, that defects will be corrected, or that the Portal or the server that makes it available are free of viruses or bugs.
Limitations of Liability
The Operator provides the Portal on 'as is' and 'as available' basis. The use of the Portal by the Users shall be at the Users' sole risks and the Users undertake, at all times, to exercise its own judgment and skill for transactions conducted using the Portal and or its contents and shall be solely liable for all opinions, recommendations, forecast quotations or comments made or actions taken.
Indemnities
The Users agree to indemnify and hold the Operator, its subsidiaries, affiliates, agents, officers and employees harmless from any loss, expense, claim or demand, including legal and other fees and disbursements, made by any third party due to or arising out of the access, use and conduct of any activities on or through the Portal, the violation of this terms and conditions by the Users and/or any the infringement of intellectual property and/or such other proprietary rights by the Users.
Proprietary Rights and Intellectual Property Rights
The Users acknowledge and agree that the Operator and relevant third parties own certain intellectual property rights or such other proprietary rights subsisting in or used in connection with the Portal, its system and/or any part thereof and the Users undertake that they shall not, at any time in any manner, question or dispute the ownership of the rights by the Operator and/or the relevant third parties.
The Users also undertake that they shall not abuse or permit the abuse the intellectual property rights and such other proprietary rights owned by the Operator or such relevant third parties by conducting, attempting to conduct or assisting any third party to conduct or attempt to conduct any infringing activities which encroach or may encroach the rights of the Operator or such relevant third parties, in any manner whatsoever, including but limited to copying, altering, reproducing, adapting, translating, arranging or making available to any other third party in any manner, either directly or indirectly, the Portal, its system or any part of its contents (including any electronic materials necessary for its operation) except to the extent that and for so long as the said Users are expressly permitted to do so in accordance with these terms of use.
The Users acknowledge that civil and criminal penalties may be incurred in the event of any infringement of the copyright and/or other rights in relation to the system or its contents and that any such infringement by the user may result in incalculable damage and/or loss to the Operator, and accordingly agrees that, in addition to any other right or remedy of the Operator, the Operator shall be entitled to immediate injunctive relief to restrain any actual or apprehended infringement thereof.
Termination
The Operator may, at its sole discretion and without prior notice, suspend, terminate or discontinue any or all of the services offered by or through the Portal. In addition, the Operator may terminate without liability, the Users access to the Portal or use of services by or through this Portal, if at any time, in the Operator's sole discretion and without limitation, including if (1) the Users breach in any way these Terms of Use as posted at the Portal and as modified from time to time, (or otherwise, (2) if the Operator believes that the Users have violated or acted inconsistently with the spirit of this Agreement or to the detriment of the Operator's reputation or obligations or (3) if the Users dispute or attempt to modify any of these Terms of Use or their application by the Operator.
Upon termination by the Operator, the Operator reserves the right to (1) delete any content, listings, messages or other information connected with the said User prior use of the Portal; (2) prohibit the such User from any future access to the Portal, including without limitation by deactivating any passwords; and (3) refuse the said User future access to the related or affiliated web sites or portal (where applicable). In no event shall the Operator be required to refund, redeem or pay amounts to the User upon termination of the said User access.
Severability
In the event any provision contained herein is held by a tribunal of competent jurisdiction to be contrary to the law, the remaining provisions herein will remain in full force and effect, to the maximum extent possible.
Integration
The Terms of Use contained herein and as modified from time to time, and inclusive of terms and provisions incorporated by reference, constitute the entire agreement between the Users and the Operator. The Terms of Use replace in their entirety and supercede, whether verbal or written, any and all previous proposals, negotiations, writings, and other communications between the Users and the Operator. These provisions may not be waived, modified or limited by any statements, implied or direct, by any third party, employee or representative of the Operator. The Operator expressly disclaims any authority by any other person or entity to waive, modify, or limit these provisions. The Operator disclaims any liability for the actions of such individuals, by their representations, promises and/or statements, which in any way modify, conflict with or are in contravention of these provisions.
Consent to Electronic Form of Contract
BY ACCESSING AND USING THE PORTAL AND SERVICES THROUGH IT, THE USERS ACKNOWLEDGE AND CONSENT TO THE ELECTRONIC FORM OF THESE TERMS AND CONDITIONS OF USE, INCLUDING THE PROVISION OF NOTICE IN ELECTRONIC FORM. The Users agree that these provisions, in printed or electronic form, shall be admissible in judicial or arbitration proceedings, to the same extent and subject to the same conditions as other documents and records generated and maintained in written form. The Users consent to electronic form extends to all written notices sent by the Operator.
Waiver
The waiver of any breach or default of obligations under these provisions will not constitute a waiver of any subsequent breach or default and will not act to amend or negate the rights of the waiving party.
Survival
The provisions herein dealing directly or indirectly with intellectual property, disclaimers of warranties, limitation of liability, compliance with laws and regulations, security, dispute resolution and use restrictions and prohibitions continue to apply and shall survive the termination or expiration of any relationship between the Users and the Operator.
Laws
The Users agree as a condition of use and access to the Portal to immediately notify the Operator using the methods outlined in these Terms of Use and Copyright Notice if the Users become aware of any unauthorized, improper or unlawful use or threatened use of this Portal. The Users agree to comply with and/or not to contravene any such laws, subsidiary legislations, regulations, conditions or restrictions applicable or in connection with the use of the Portal including, without limitation, any laws relating to defamation, sedition and any revenue laws of Malaysia.
