Terms of use
TERMS OF USE
1. INTRODUCTION
1.1.
These terms of use (“Terms”) are prepared by Cyromaster (M) Sdn Bhd (Registration No.
200701007600 (765602-T)) (“Cyromaster”, “we”, “us” or “our”). We are in the business of
supplying, importing, exporting and distributing various types of industrial gases, including
chemical gases such as liquid oxygen, liquid carbon dioxide and other gases. We also offer
services such as packaging and installation related to the industrial gases. You may obtain a
quote for our services or contact us through our website at https://cyromaster.com/ (the “Site”).
1.2.
These Terms govern the access to and use of the Site by the site visitors. By accessing or
using the Site, you as a site visitor, whether on behalf of yourself or a legal entity you represent,
are deemed to have accepted these Terms. Site visitors may be referred to in these Terms as
“you” and “your” as applicable.
1.3.
Please read these Terms and our Privacy Policy (which is available at [insert link to Privacy
Policy] carefully before accessing and/or using the Site. Please note that these Terms and our
Privacy Policy shall form a legally binding contract between you and us. By accessing and/or
using the Site, you agree that you have read, understood and accept these Terms and our
Privacy Policy. If you do not accept these Terms and our Privacy Policy, you should immediately
cease to access and/or use the Site.
2. USE AND ACCESS RIGHT
2.1.
We hereby grant you a limited, non-exclusive and non-transferable right to access the Site
solely for your personal or internal, non-commercial use and only as expressly permitted in
these Terms.
2.2.
You agree and undertake that you shall not use or permit use of the Site for any illegal purpose
or in any manner inconsistent with the provisions of these Terms.
2.3.
General Restrictions
You shall not (and shall not allow any third party to):
2.3.1. publicly disseminate information regarding the performance of the Site (which is
deemed to be our confidential information);
2.3.2. modify or create a derivative work of the Site or any portion of it;
2.3.3. reverse engineer, disassemble, decompile, translate or otherwise seek to obtain or
derive the source code, underlying ideas, algorithms, file formats or any part of the Site;
2.3.4. distribute any portion of the Site without our prior written consent;
2.3.5. access the Site for the purpose of building a competitive product or service or copying
its features or user interface;
2.3.6. use the Site for purposes of product evaluation, benchmarking or other comparative
analysis intended for publication without our prior written consent; or
2.3.7. use or permit the Site to be used for any illegal or misleading purpose, or any manner
inconsistent with these Terms.2
3. RESTRICTIONS ON USE OF THE SITE
3.1.
By using the Site, you specifically agree not to engage in any activity or transmit any information
that, in our sole discretion:
3.1.1. is illegal, or violates any federal, state or local law or regulation;
3.1.2. advocates illegal activity or discusses illegal activities with the intent to commit them;
3.1.3. violates any third-party right, including but not limited to, right of privacy, right of
publicity, copyright, trademark, patent, trade secret or any other intellectual property or
proprietary rights;
3.1.4. is harmful, threatening, abusive, harassing, tortious, indecent, defamatory, sexually
explicit or pornographic, discriminatory, vulgar, profane, obscene, libellous, hate
speech, violent or inciting violence, inflammatory, or otherwise objectionable;
3.1.5. interferes with any other party’s use and enjoyment of the Site;
3.1.6. attempts to impersonate another person or entity;
3.1.7. violates these Terms, including but not limited to, using the Site for spam, surveys,
contests, pyramid schemes or other advertising materials;
3.1.8. falsely states, misrepresents or conceals your affiliation with another person or entity;
3.1.9. distributes computer viruses or other code, files or programs that interrupt, destroy or
limit the functionality of any computer software or hardware or electronic
communications equipment;
3.1.10. interferes with, disrupts, disables, overburdens or destroys the functionality or use of
any features of the Site, or the servers or networks connected to the Site;
3.1.11. hacks or accesses without permission our proprietary or confidential records, those of
another use or those of anyone else;
3.1.12. improperly solicits personal or sensitive information from other site visitors;
3.1.13. decompiles, engineers, disassembles, or otherwise attempts to derive source code
from the Site;
3.1.14. removes, circumvents, disables, damages, or otherwise interferes with security-related
features, or features that enforce limitations on the use of the Site;
3.1.15. uses automated or manual means to violate the restrictions in any robot exclusion
headers on the Site, if any, or bypasses or circumvents other measures employed to
prevent or limit access, for example by engaging in practices such as “screen scraping”,
“database scraping”;
3.1.16. modifies, copies, scrapes or crawls, displays, distributes, publishes, licenses, sells,
rents, leases, lends, transfers otherwise commercialises any material or content on the
Site;
3.1.17. uses the Site for benchmarking, or to compile information for a product or service; 3
3.1.18. downloads (other than through page caching necessary for personal use, or as
otherwise expressly permitted by these Terms), distributes, posts, transmits, performs,
reproduces, broadcasts, duplicates, uploads, licenses, create derivate works from or
offers for sale any content or other information contained on or obtained from or through
the Site, by any means whatsoever except as provided for in these Terms or with our
prior written consent; or
3.1.19. attempts to do any of the foregoing.
3.2.
You shall not frame the Site, place pop-up windows over its pages, or otherwise affect the
display of its pages. You may link to the Site, provided that you acknowledge and agree that
you will not link the Site to any website containing any inappropriate, profane, defamatory,
infringing, obscene, indecent or any unlawful topic, name, material or information or that violates
any intellectual property, proprietary, privacy or publicity rights. Any violation of this provision
may, in our sole discretion, result in termination of your use of and access to the Site effective
immediately.
4. INTELLECTUAL PROPERTY
4.1.
The trademarks, service marks, trade names and logos used and displayed on the Site (the
“Trade Marks”) are ours or such relevant third parties’ registered and unregistered trademarks.
Nothing on the Site should be construed as granting, by implication, estoppel or otherwise, any
license or right to use any of the Trade Marks displayed on the Site, without our prior written
permission or any other applicable trademark owner. For the avoidance of doubt, the name of
Cyromaster shall not be used in any way without our prior written permission.
4.2.
The Site may include, at any given time, content, information, applications, programmes, text,
graphics, logos, icons, images, sound clips, video clips, data compilations, or other materials
displayed herein, as well as the Site’s interface, underlying code, and software (collectively, the
“Site Contents”). All of the Site Contents are the property of or licensed by us or third parties
with whom we do business, and are protected by Malaysia and international intellectual
property laws and any other relevant laws. You may not reproduce, republish, copy, display,
broadcast, hyperlink, mirror, frame, transfer, transmit, distribute, store, or in any other fashion
re-use or distribute any of the Site Contents in any manner or by any means unless otherwise
indicated on the Site or unless we have given express written permission to do so. Permission
will only be granted to you to download, print, use, or create links to the Site Contents for wholly
personal, non-commercial purposes, provided that you do not (i) modify the Site Contents and
(ii) attempt to revise, remove, hide, or appropriate all copyright and other proprietary notices
contained in the Site Contents.
5. REPRESENTATIONS AND WARRANTIES
5.1.
You represent and warrant to and for our benefit that:
5.1.1. if you are an individual, you are eighteen (18) years of age or older and that you have
the capacity to contract under applicable laws;
5.1.2. if you are accessing the Site on behalf of a legal entity, (i) such legal entity is duly
organised and validly existing under the applicable laws of the jurisdiction of its
organisation; and (ii) you, and any individuals accessing the Site on behalf of the legal
entity are duly authorised by such legal entity to act on its behalf;
5.1.3. you are not prohibited or restricted from accessing and/or using the Site; 4
5.1.4. you have the full capacity, power and authority to execute, deliver, perform and observe
these Terms;
5.1.5. you will not falsify or materially omit any information or provide misleading or inaccurate
information requested by us in the course of, directly or indirectly relating to, or arising
from your activities on the Site;
5.1.6. you shall employ reasonable anti-virus, anti-malware and other software and
techniques to protect you from being the victim of a hack or of other malicious actions;
and
5.1.7. these Terms will when executed constitute legally valid and binding obligations on you
which are enforceable in accordance with their respective terms.
5.2.
Our rights and remedies in respect of any breach of the representations and warranties
contained in this Clause 5 by you shall not be affected by:
5.2.1. any failure to exercise or delay in exercising any right or remedy or by any other event
or matter whatsoever, except in the case of a specific and duly authorised written
waiver or release; or
5.2.2. any information we may have received or been given or have actual implied or
constructive notice of prior to the breach,
and it shall not be a defence to any claim that we knew or ought to have known that any matters
represented or warranted by you were not as represented or warranted.
6. LIABILITY
6.1.
Indemnification
Without prejudice to any other right or remedy which we may have against you, you undertake
to indemnify, keep indemnified and hold us (including our advisers, consultants, agents and
representatives) harmless from any and all actions, claims, demands, proceedings,
investigations, liabilities or judgments and any and all losses, damages, costs, charges and
expenses (on a full indemnity basis including all attorneys’ fees and any fines, fees or penalties
imposed by any regulatory authority) of whatever nature which refer or relate to or arise, directly
or indirectly, in connection with or arising out of:
5.1.1
your breach of any of these Terms;
5.1.2
your wilful, unlawful or negligent act or omission;
5.1.3
your breach of any of the representations and warranties given by you under these
Terms;
5.1.4
your violation of any law, guideline, rule or regulation, or the rights of any third party; or
5.1.5
your conduct which had caused damage or loss, directly or indirectly to us.
6.2.
Limitation of Liability
We shall not have any obligation or liability to you, and hereby disclaim to the fullest extent
permissible by law, all liability for indirect, incidental, special, exemplary, consequential 5
damages, pure economic loss or other pecuniary loss or any other loss whatsoever arising out
of these Terms and our Privacy Policy.
7. SITE AVAILABILITY AND ACCURACY
7.1.
Access and Availability
7.1.1. You hereby acknowledge that access to the Site may become degraded or unavailable
during times of significant volatility or volume.
7.1.2. Although we strive to provide you with excellent service, we do not guarantee that the
Site will be available at all times without interruption. Please note that our user support
response times may be delayed, including during times of significant volatility or volume,
especially for non-trust and safety issues.
7.1.3. We shall not be liable for any losses whatsoever resulting from or arising out of any
unavailability or delays on the Site.
7.2.
Website Accuracy
7.2.1. Although we intend to provide accurate and timely information on the Site, the Site may
not always be entirely accurate, complete or current and may also include technical
inaccuracies or typographical errors.
7.2.2. In an effort to continue to provide you with as complete and accurate information as
possible, information may, to the extent permitted by applicable laws, be changed or
updated from time to time without notice to you, including without limitation information
regarding our policies, products and services. Accordingly, you should verify all
information before relying on it, and all decisions made by you based on information
contained on the Site are your sole responsibility and we shall have no liability for such
decisions.
8. DATA PRIVACY
The information you provide to us or that we collect will be used as described in these Terms
and in our Privacy Policy (which is available at [Insert Link to Privacy Policy]). Please carefully
read our Privacy Policy as it contains important details about our collection, use and retention
of information.
9. SECURITY
9.1.
Security and Access Policies
9.1.1. The internet is not a secure medium. We will use commercially reasonable efforts
consistent with industry standards to the extent practicable and in accordance with
applicable laws to protect the security of the Site and other systems utilised to provide
the services, including but not limited to using up-to-date anti-virus, security and firewall
technology commonly used in the industry. You agree that you shall not take any
actions that negatively affect the confidentiality, integrity and availability of our systems
and information assets.
9.1.2. We may hold information in either electronic or hard copy form or retain third parties to
hold that information on our behalf. 6
9.1.3. All our employees and data processors, who have access to, and are associated with
the processing of your information, are obliged to respect and keep safe the
confidentiality of your information.
9.1.4. Unfortunately, no data transmission over the internet or any wireless network can be
guaranteed to be 100% secure. While we take commercially practical steps to protect
your information, we cannot and do not accept responsibility for any authorised access,
unlawful interceptions or loss of information transmitted to or from the Site, and are not
responsible for the actions of any third parties that may receive such information.
9.1.5. If you become aware that Harmful Code (as defined herein) has infected the Site, then
you shall notify us as soon as reasonably practicable, so that we may take actions as
necessary to mitigate any potential adverse effects and undertake any further steps
that may be applicable or required by applicable laws. For the purpose of this Clause
9.1.5, “Harmful Code” means computer instructions whose primary purpose or effect
is to disrupt, damage or interfere with use of any computer or telecommunications
facilities, including, without limitation, any automatic restraint, time-bomb, trap-door,
virus, worm, Trojan horse or other harmful code or instrumentality that will cause a
system to cease to operate or to fail to conform to its specifications. We will take
commercially reasonable precautions to avoid, prevent, stop, find and eliminate the
spread of any Harmful Code on the Site.
9.2.
Security Breach
9.2.1. If you suspect that any of your security details have been compromised or if you
become aware of any other security incident (including a cyber-security attack)
affecting you and/or us (together, a “Security Breach”), you must:
(a)
notify us as soon as possible;
(b)
continue to provide accurate and up-to-date information throughout the
duration of the Security Breach; and
(c)
you must take any steps that we reasonably require to reduce, manage or
report any Security Breach.
9.2.2. Failure to provide prompt notification of any Security Breach may be taken into account
in our determination of the appropriate resolution of the matter.
9.3.
Safety and Security of Your Computer and Devices
We are not liable for any damage or interruption caused by any computer viruses or other
malicious code that may affect your computer or other electronic device, or any phishing,
spoofing or other attack. We advise the regular use of a reputable and readily available virus
screening and prevention software.
10. CONFIDENTIALITY
10.1.
You shall not, whether directly or indirectly, use or disclose to any third party, or allow to be
used or disclosed any confidential information concerning us, save and except where the use
or disclosure is required by law or any governmental authority or with our prior written approval
to the use or disclosure. 7
10.2.
Prior to use or disclosure of any confidential information as required by law or any governmental
authority, you shall promptly notify us of such requirement with a view to providing us with the
opportunity to contest such use or disclosure or otherwise to agree the timing and content of
such use or disclosure.
10.3.
The provision of this Clause 10 shall continue to apply after the termination of these Terms
without limit in point of time.
11. GENERAL
11.1.
Entire Agreement
These Terms and any revision of the same contain the entire understanding between you and
us and supersede any other understandings, inducements or conditions, express or implied,
oral or written.
11.2.
Waiver
Our delay or failure to enforce, at any time, any provision of any of these Terms shall not be
construed as a waiver of our right to enforce the breach of such provision or any other provision
in these Terms or as a waiver of any continuing, succeeding or subsequent breach of any
provision or other provision in these Terms. No granting of time or other forbearance or
indulgence by us to you shall in any way release, discharge or otherwise affect your liability
under these Terms.
11.3.
Binding Terms
These Terms and any revision to the same shall be binding upon you.
11.4.
Changes to these Terms
11.4.1. We may, from time to time, modify, update or amend these Terms to reflect changes
in law, our group of companies, the Site or advances in technology, without giving any
notice to you. We will post the updated Terms on the Site which shall be effective
immediately upon being posted on the Site.
11.4.2. Please take note to periodically review these Terms and carefully review any changes
made to these Terms.
11.5.
Interpretation
In these Terms:
11.5.1. words denoting persons includes natural persons, partnerships, limited liability
partnerships, bodies corporate and unincorporated associations of persons;
11.5.2. the headings and titles for each clause are purely for ease of reference and do not form
part of or affect the interpretation of these Terms; and
11.5.3. references to “include” and “including” shall be deemed to mean respectively “include(s)
without limitation” and “including without limitation”. 8
11.6.
Severability
If any provision of these Terms is or may become invalid or unenforceable under any written
laws, or is found by any court or administrative body or competent jurisdiction to be, illegal or
prohibited, such provision shall be ineffective to the extent of such illegality, invalidity,
prohibition or unenforceability. The remaining provisions of this Terms shall remain in full force
and effect.
11.7.
No Partnership or Agency
Nothing in these Terms shall be construed to create a joint venture, partnership or agency
relationship between you and us and neither party shall have the right or authority to incur any
liability, debt or cost or enter into any contracts or other arrangements in the name of or on
behalf of the other.
11.8.
No Other Terms
Except as expressly stated in these Terms, all warranties, conditions and other terms, whether
express or implied, by statute, common law or otherwise are hereby excluded to the fullest
extent permitted by law.
11.9.
Force Majeure
We shall not be liable for any breach of our obligations under these Terms where we are
hindered or prevented from carrying out our obligations by any cause outside our reasonable
control, including by lightning, fire, flood, extremely severe weather, strike, lock-out, labour
dispute, act of God, pandemic, war, riot, civil commotion, malicious damage, failure of any
telecommunications or computer system, compliance with any law, accident (or by any damage
caused by any of such events).
11.10. Notices
All notices, waivers, authorisations, approvals, consents, demands or other communications
under these Terms must be in writing and in English and sent to the email address provided in
Clause 11.15.
11.11. Third-Party Rights
All provisions in these Terms apply equally to and are for our and our third-party content
providers and licensors and each shall have the right to assert and enforce such provisions
directly or on its own behalf (save that these Terms may be varied or rescinded without the
consent of those parties). Subject to the previous sentence, no provision of these Terms is
otherwise enforceable pursuant to the relevant local governing laws by any person who is not
a party to it.
11.12. Remedies Not Exclusive
Any remedy or right conferred upon us for breach of any of the provisions of these Terms shall
be in addition to and without prejudice to all other rights and remedies available to it.
11.13. Assignment
You may not assign your rights or obligations under these Terms without our prior written
consent. If consent is given, these Terms will bind your successors and assigns. Any attempt 9
by you to transfer your rights, duties or obligations under these Terms except as expressly
provided in these Terms is void. Notwithstanding the foregoing, we may freely assign our rights,
duties and obligations under these Terms to any other party.
11.14. Governing Law and Dispute Resolution
These terms shall be governed by, and construed in accordance with, the laws of Malaysia and
the parties hereto hereby submit to the exclusive jurisdiction of the Courts of Malaysia.
11.15. How to contact us
If you have any question/enquiry in respect of these Terms or the Site, you may contact us at:
Email address
: [Insert Email Address]
For the attention of
: [Insert Person-in-Charge]
Last Updated: [10 October 2024]