The use of and access to this website or any webpage hereof (“MARC Website”) is strictly subject to all terms and conditions hereinafter appearing (“Terms and Conditions”). By accessing this web site and any pages hereof, you are indicating that you have read, acknowledged and assented to be bound by the Terms and Conditions. If you do not agree to the Terms and Conditions, you must discontinue accessing MARC Website.
Variations of Terms and Conditions
These Terms and Conditions represent the entire agreement between MARC (as defined hereinbelow) and you, and supersede all prior or contemporaneous agreements, representations or understandings with respect to the subject matter herein. The Terms and Conditions are subject to changes from time to time which shall take effect immediately upon the posting of the modified terms and conditions and thereafter references herein to “Terms and Conditions” shall include such modified terms and conditions. You agree to check this page every time you visit MARC Website for any update. If any of the modified terms and conditions is unacceptable to you, you must discontinue accessing MARC Website. Your use of and access to and/or continued use of and access to MARC Website following the posting of such modified terms and conditions shall be deemed that you have accepted all such changes without any reservation.
Malaysian Rating Corporation Berhad and any of its subsidiaries or affiliates (“MARC”) reserves the right, in its sole discretion, without any obligation and without any notice requirement, to change or discontinue any aspects of MARC Website and to suspend and/or deny access to MARC Website for any reason. The provisions regarding Disclaimer of Warranty, Accuracy of Information, Limitation of Liability, Intellectual Property Rights, Indemnification and Third Party Rights shall survive.
“Information” means any downloaded material(s) and/or information from MARC’s website.
Intellectual Property Rights
MARC is the sole and exclusive owner of all right, title and interest, including trademarks, trade names and other intellectual property rights in MARC Website which are protected by applicable proprietary and intellectual property laws. You shall not use, adopt or attempt to register anywhere in the world, whether alone or together with any other mark, symbol, or name, any MARC’s trade name or mark or service name or mark that is similar or confusingly similar to the MARC’s trademarks except with the prior written consent from MARC.
All data and Information contained in MARC Website are protected by Malaysian and international copyright laws. None of the data or Information contained on MARC Website may not be copied or otherwise reproduced, repackaged, transmitted, transferred, disseminated, redistributed or resold for any purpose, in whole or in part, in any form or manner, or by any means or person without MARC’s prior written consent.
Disclaimer of Warranty
MARC and its employees do not make any express or implied warranty, including, but not limited to, any warranty as to the accuracy, completeness, merchantability or fitness for any particular purpose, with respect to the Information contained on MARC Website. Although MARC takes reasonable steps to ensure MARC Website and/or any Information contained therein is free from infection by viruses, worms, Trojan horses or other code manifesting contaminating or destructive properties, MARC cannot guarantee that MARC Website and/or any Information contained therein will be free of infection.
Accuracy of Information
Ratings are solely statements of opinion based on information gathered and available in public and information obtained from issuers and other sources which MARC believes to be reliable and therefore, shall not be taken as a statement of fact under any circumstance. MARC does not and is in no position to independently audit or verify the truth and accuracy of the information contained in the report and shall not be responsible for any error or omission or for the loss or damage caused by, resulting from or relating to the use of such information.
A credit rating is not a recommendation to buy, sell or hold any security and/or investment. Any user of this report should not rely solely on the credit rating and analysis contained in this report to make an investment decision in as much as it does not address non-credit risks, the adequacy of market price, suitability of any security for a particular investor, or the tax-exempt nature or taxability of payments made in respect to any security concerned.
Ratings may be changed, placed on MARCWatch, suspended or withdrawn at any time for any reason at the sole discretion of MARC. MARC may make modifications to and/or amendments in credit analysis reports including information contained therein at any time after publication as it deems appropriate.
Further, the Information, materials, products, and services available on MARC Website may contain inaccuracies or typographical errors. You assume the sole risk of making use and/or relying on the Information, materials, products, and services available on MARC Website.
Limitation of Liability
In no event will MARC be liable for:
- damages or losses of any kind, including not limited to, direct, incidental or consequential damages (including, but not limited to, damages for loss of present or prospective profits, business interruption and loss of data, cost of substitute materials, products, services, programs or information, third party claims) arising out of the use of, access to or inability to use MARC Website and/or any Information contained on MARC Website; and
- any claim attributable to errors, omissions or other inaccuracies in the Information contained on MARC Website or interpretations thereof.
MARC may provide links, in its sole discretion, to other sites on the World Wide Web for your convenience in locating related information and services. These sites have not necessarily been reviewed by MARC and are maintained by third parties over which MARC exercises no control. Accordingly, MARC expressly disclaims any responsibility for the content, the accuracy of the information, and/or quality of products or services provided by or advertised on these third party websites. Moreover, these links do not imply an endorsement of any third party or any website or the products or services provided by any third party.
Restriction of Usage
In accessing MARC Website, you agree that any downloading of any data and Information is for personal, non-commercial reference only and not for any improper or unauthorised purpose. By using the MARC Website, you have unconditionally warranted and undertaken to the MARC that you will not use the MARC Website or any of its contents for any purpose that is unlawful or prohibited by the Terms and Conditions. If you violate any of the Terms and Conditions, your permission to use and access to MARC Website is automatically terminated.
You agree to indemnify, defend and hold harmless MARC, its licensors, and their respective officers, directors, employees and agents from and against all claims, losses, expenses, damages, costs and liabilities, including solicitors' fees, made by any third party due to or arising out of your acts or omissions, including claims arising out of your use of the MARC Website or your violation of the Terms and Conditions.
Under no circumstances will MARC be liable to you for any special, indirect, incidental or consequential damages of any kind, including, but not limited to, compensation, reimbursement or damages on account of the loss of present or prospective profits, expenditures, investments or commitments, whether made in the establishment, development or maintenance of business reputation or goodwill, for loss of data, cost of substitute materials, products, services or information, cost of capital, and the claims of any third party, or for any other reason whatsoever, even if MARC has been advised of the possibility of damages.
Third Party Rights
The provisions regarding Disclaimer, Limitation of Liability and Warranties and Indemnification are for the benefit of MARC, and its licensors, employees and agents. Each of them shall have the right to assert and enforce those provisions against a user of MARC Website.
Neither the parties' course of conduct or trade practice will modify these Terms and Conditions. If any of these Terms and Conditions is determined by a court of competent jurisdiction to be invalid, all other terms and conditions shall remain in full force and effect.
This agreement shall for all purposes be governed, interpreted, construed and enforced solely and exclusively in accordance with the laws of Malaysia. You hereby agree that the courts located in Malaysia shall constitute the sole and exclusive forum for the resolution of any and all disputes arising out of or in connection with this agreement and you hereby consent to the jurisdiction of such courts and irrevocably waive any objections thereto, including on grounds of forum non convenience. Regardless of where you access MARC Website from, you agree to comply with all applicable Malaysian laws, you are also responsible for complying with all other laws, rules and regulations that may be applicable to your use of the MARC Website.
Events Beyond MARC's Control
You expressly absolve and release MARC and MARC’s licensors and suppliers from any claim of harm resulting from a cause beyond their control, including, but not limited to, the failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorised access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, terrorism or governmental restrictions.
MARC’s failure to insist on strict performance of any of the Terms and Conditions will not operate as a waiver of any subsequent default or failure of performance. No waiver by MARC of any right under these Terms and Conditions will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.
Please contact MARC if you have any queries concerning the MARC Website or the above. Please also report any violations of the Terms and Conditions to us.