Terms of Use

These Terms of Use govern your access to and use of our website (the "Site") provided by Foundation ("we" or "us").

By accessing our Site, you acknowledge that you have read and understood all the terms and agree to be bound by them. If you do not agree to any of the terms or processing of your Personal Data as set out in our Privacy Policy, please do not continue to use the Site.

1. REPRESENTATIONS AND WARRANTIES

By accessing the Site, you expressly represent and warrant that you are legally entitled to accept and agree to the Terms of Use and that you are at least eighteen (18) years old.

As a user of the Site, you agree that you will:

  • Use our Site for lawful purposes only
  • Provide accurate, current and complete information as requested and undertake the responsibility to maintain and update your information in a timely manner to keep it accurate
  • Not employ any means to defraud us or any third parties
  • Not interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site
  • Not authorize others to use your user account with us, and you will not assign or otherwise transfer your user account to any other person or entity

2. INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights, whether registered or unregistered in relation to the content on the Site (including website, design, software, images, underlying source code and software) belong to us and where applicable, the content providers and third party licensors. All rights are reserved.

You shall not copy, reproduce, compile, modify, distribute, reverse engineer, transfer, or transmit in any form or stored or installed on any servers or systems without our written permission. However, you may view, print or use the content available on the Site for your personal and non-commercial use. You agree not to use any robot, spider, scraper or other automated means to access the Site for any purpose without the prior written permission from us.

You grant us a non-exclusive license to use the materials or information that you submit to us for our research, benchmarking and statistical analysis purpose.

3. LIMITATION OF LIABILITY

All the content in the Site is provided on an "as is" basis without any warranties, claims or representations, whether express or implied, by us. We do not warrant that this Site is free of viruses, routings or any other harmful codes, programs or components. The use of our Site is solely at your own discretion and we shall not be liable.

Under no circumstances shall Foundation Insurance Solutions, our officers, directors, agents or employees be liable to you for any claims, demands, damages or losses, howsoever caused arising directly or indirectly in connection with:

  • Your access to and use of the Site
  • Your reliance on the materials presented on our Site
  • Any error, interruption, delay in transmission in the Site, its system or server
  • Any use of other websites or mobile applications linked to our Site

You hereby indemnify and hold us, and our officers, directors, agents, and employees, harmless from any claim or demand or damages, including all legal fees, as a result of any claims, demands or proceedings, by any third party due to or arising out of your breach of the terms, or your violation of any law or the rights of a third party.

4. HYPERLINK & COOKIES

We may include hyperlinks to other websites on our Site. We bear no responsibility for the accuracy, legality or content of the external site or for that of subsequent links.

We may use "cookies" to understand how you use our Site in order for us to improve our Site. If you do not consent to the use of Cookies, you may block or disable them using your browser settings.

5. TERMINATION

We reserve the right to immediately terminate or revoke any or all of your rights granted under these Terms, without prior notice to you.

Upon termination, we may, in addition to any other legal or equitable remedies:

  • Immediately remove your account; and
  • Disallow or restrict your access to and use of this Site

Any termination shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination. You further agree that we shall not be held liable to you or to any other person as a result of such termination.

If you are dissatisfied with the Site, your sole remedy is to discontinue using the Site.

6. APPLICABLE LAW AND JURISDICTION

These Terms shall be governed by the laws of Malaysia. You agree to submit to the exclusive jurisdiction of the courts in Malaysia.

7. SEVERABILITY

If any provision of these Terms is found to be illegal, void or unenforceable under the law, the remaining Terms shall continue in force save that such illegal, void or unenforceable provision shall be deemed severed with effect from the date of such decision.

8. WAIVER

Any failure by us to exercise or enforce any rights conferred under these Terms shall not be deemed to be a waiver of any such rights or operate so as to bar the exercise or enforcement thereof at any subsequent time.

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