Terms of Use

Effective Date: 8 December 2017

1. Accessing to and use of this Portal

Access to and use of this Portal is provided by Iconix Systems and Solutions Sdn Bhd ("Iconix", "we", "our" or "us"), and subject to the following terms.

These Terms of Use ("Terms") govern the rights and obligations regarding your access to and use of the TiGrESS portal ("Portal"), website ("Site"), features and applications ("Application"), and related services ("Services"). The Portal, Site, Application and Services shall collectively or any part thereof be known as "TiGrESS".

By accessing this Portal, you are agreeing to be legally bound by these Terms, the Privacy Policy (https://polisas.tigress.my/local/info/privacy.php), all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws, which shall take effect immediately on your first use of this Portal. If you do not agree with any of these Terms, please do not access and/or use this Portal.

TiGrESS may update, amend or modify in any manner any of these Terms and/or the Privacy Policy from time to time. We will notify you of any updates, amendments or modifications to these Terms via announcements on TiGrESS or any other appropriate means. To be well informed of the changes, please review these Terms and the Privacy Policy regularly to ensure awareness at all times. Your continuous use of this Portal after changes have been posted will be deemed to be your acceptance of the changes and amendments to the Terms and/or Privacy Policy, and you will be deemed to have accepted and agreed to be legally bound by the Terms and/or Privacy Policy as updated and/or amended.

2. Use of This Portal

Subject to your compliance with the Terms, we grant you a non-exclusive, non-transferable, non-sub-licensable, revocable license to use TiGrESS.

However, you are not entitled to (i) offer to rent or lease TiGrESS; (ii) offer TiGrESS to third parties as a part of a service you own that uses TiGrESS; or (iii) offer TiGrESS to the public via any form of communication or integrate it within a service of your own, without our prior written consent. The examples listed above are purely for illustrative purposes and do not constitute an exhaustive list of restricted activities involving TiGrESS.

The materials contained in this Portal are protected by applicable copyright and trademark law. The materials appearing on this Portal could include technical, typographical, or photographic errors. TiGrESS does not guarantee that any of the materials on its Site/Portal are accurate, complete, or up-to-date. TiGrESS may make changes to the materials contained on its Site/Portal at any time without notice. TiGrESS does not, however, make any commitment to update the materials.

By signing up for an account on TiGrESS, you shall be solely responsible for ensuring that your access to and use of TiGrESS is in compliance with all laws, rules and regulations applicable to you in whichever country, region or state you are located. In the event of and only to the extent TiGrESS or any of these Terms are prohibited where you are located, you agree not to use TiGrESS in such manner as prohibited.

Restrictions on Use

There are certain types of activities that are strictly prohibited by us. We have set these restrictions below and you are strongly encouraged to read these restrictions carefully. If you fail to comply with the provisions set out herein, it may result in us at our sole discretion, terminating your use of and access to TiGrESS.

You may not directly or indirectly, whether by yourself or through any other means or person:

reproduce, duplicate, copy, distribute, sell, resell or otherwise exploit TiGrESS, or any portion thereof for any commercial purpose or otherwise;
modify, adapt, translate, reverse-engineer, decompile, disassemble or create derivative works of any portion of TiGrESS;
use TiGrESS in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms;
use TiGrESS to publish any content which is indecent, obscene, false, menacing, or offensive in character with intent to annoy, abuse, threaten or harass any person or otherwise to violate the rights of any other user or any third party;
interfere with or violate any third party or other user's right to privacy or other rights, including copyrights and any other intellectual property rights of such third parties without their express consent;
remove any copyright, trade mark or other proprietary rights notice from TiGrESS or materials originating from TiGrESS;
interfere with or disrupt the operation of the Portal or the servers or networks used to make the Portal available; or violate any requirements, procedures, policies or regulations of such servers or networks;
impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with TiGrESS; or express or imply that we endorse any statement you make;
gather or collect personal information through any means including using any robot, spider or other device or process to retrieve, data-mine or replicate or copy TiGrESS;
upload or transmit or otherwise make available any software or tool that contain any software viruses, worms, Trojan Horse, time bombs, web bugs, spyware, or any other computer code or program that may or is intended to damage, disrupt, disable, hijack the operation of, limit or interfere with the proper function of any hardware, software or device pertaining to TiGrESS;
use any manual or automatic device in any way to gather Portal content or reproduce or circumvent the navigational structure or presentation of the Portal;
use the Portal in any manner that could damage, disable, overburden or impair any of our servers or the networks connected to the server, or interfere with any other party’s access and use of the Portal;
frame or mirror any part of the Portal;
attempt to gain unauthorized access to the Portal, other users’ TiGrESS accounts, computer systems or networks connected to our server through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Portal or any activities conducted on the Portal;
remove, circumvent, disable, damage or otherwise interfere with security-related features of the Portal;
intentionally or unintentionally cause or attempt to cause physical or property damage or harm to any TiGrESS users or partners;
transfer or assign your TiGrESS profile password, even temporarily, to a third party; or
breach any of these Terms.

Age of User

By signing up for an account on TiGrESS you represent and warrant that:

You are of legal age to agree to these Terms which shall form a binding contract between us;
You have complied with your country’s law, regulation and legislation on employment, in particular, it is your responsibility to ensure that you are of legal employment age in your respective country to apply for a job;
For any individual aged 18 years and below, you confirm that you are the parent or guardian or person who has parental responsibility over such individual and you consent to his/her access to and use of TiGrESS.

Right to Suspend and Terminate Use

We reserve the right, at our sole discretion, to suspend or terminate your use and access to TiGrESS. If we consider that you have breached any of the Terms and/or the Privacy Policy or if we otherwise consider it appropriate to do so, we may suspend or terminate your account and access to TiGrESS immediately, without giving notice to you. We will not be liable to compensate you for any loss or damage that you may suffer from your inability to access your account due to the suspension or termination.

Our right to suspend or terminate your account in the event of your breach of these Terms and/or the Privacy Policy is in addition to our right to seek all remedies available to us under these Terms, at law and in equity.

3. Content and Materials

Your Content

TiGrESS will allow you to upload and/or post materials including but not limited to your personal details (such as your name, date of birth, address etc.), your CV, employment history, employment details, your institution, job requirements, job specifications, text, photographs, graphic, images, audio or video, and other similar content (collectively, “Materials”) for publication on TiGrESS.

By submitting such Materials to us, you represent and warrant the following:

that you hereby grant us a worldwide, royalty-free, non-exclusive, perpetual, irrevocable and transferable right and license to use, reproduce, distribute, prepare derivative works of, display, adapt, modify, re-format, publish and otherwise commercially or non-commercially exploit in any manner, and all such Materials in connection with TiGrESS including but not limited to make available the same to institutions of higher learning, or promotion of TiGrESS through any media format;
that the copyright to the Materials are or your own or that you have license to use such Materials;
that none of the Materials you submit is defamatory, libelous, indecent, obscene, false, menacing, unlawful or otherwise offensive in character with intent to annoy, abuse, threaten or harass any person.

We do not endorse any content you upload through TiGrESS including any opinion, recommendation, or advice expressed therein. We are also not responsible nor liable for any opinion, recommendation or advice set out in TiGrESS. The opinions, recommendations and advice set out therein are not ours and we expressly disclaim any and all liability in connection with such content including content you may upload and/or post through TiGrESS.

We reserve the right to determine whether any content you upload complies with these Terms. We may remove such content or take any other appropriate measure (including suspending or terminating your account or access to TiGrESS) if we discover that you have breached any of these Terms regarding content that may be uploaded or posted through TiGrESS.

If requested or if we are the view that it is necessary, we will, at any time, cooperate fully with any regulatory authorities or court order requesting or directing us to disclose the identity of anyone posting, publishing or otherwise making available any content that violates these Terms.

You shall be solely liable for any content uploaded or posted through TiGrESS. All content published or accessed by you through TiGrESS is done at your own risk and you will be solely responsible and liable for any damage or loss to you or any other party resulting therefrom.

Our Content

TiGrESS contains content that has been provided by us, other users, and where applicable, our partners (“Our Content”) which are protected by copyrights, trademarks, patents, trade secrets or other proprietary rights and laws. You undertake to comply with and maintain all copyright notices, information, and restrictions contained in any such content accessed through TiGrESS.

Any use of Our Content is expressly prohibited without prior written permission from us or from the copyright holder identified in the relevant content's copyright notice, as applicable.

All intellectual property rights in the TiGrESS name, marks, services, copyrights, trademarks are owned by Us and shall continue to belong and vest in Us without any dilution whatsoever.

Nothing herein is intended to confer on you any intellectual property rights in Our Content including TiGrESS, its name, marks, services, copyrights and trademarks.

You are restricted from using Our Content in any manner without our express written permission, including but not limited to:

selling, leasing, exchanging, mortgaging, pledging, licensing, sub-licensing, assigning or in any other way conveying, transferring or alienating Our Content in favour of any person (either for commercial consideration or not (including by way of transmission));
reverse, compiling or in any other way arriving at or attempting to arrive at the source code of Our Content; and/or
providing, copying, emulating or otherwise making available Our Content in whole or in part, in any form, to any person.

4. External Links or Resources

The Portal and Site may provide links to other websites and online resources. TiGrESS has not reviewed all of the websites linked to its Portal and Site and is not responsible for the contents of any such linked websites. The inclusion of any link does not imply endorsement by TiGrESS of the websites. Use of any such linked website is at your own risk. When you access a link to a third-party website, you may be subject to the applicable third-party’s terms and policies and you agree to abide by those terms.

5. Governing Law

These Terms shall be governed by the laws of Malaysia. Any and all claims arising from or relating to TiGrESS’s or these Terms shall be governed by the laws of Malaysia and you hereby agree to submit to the jurisdiction of the courts of Malaysia.

6. Refund policy

TiGrESS does not practice refund policy. Should a refund case occur, TiGrESS strictly encourages the funds to be channeled to other services provided within the organisation.

7. Limitation of Liability

Your use of TiGrESS is at your sole discretion and risk. We have no control over how you may use TiGrESS and the content you may access through your use of TiGrESS and how such use may affect you as well as any actions you may take after viewing or accessing such content. We make no representations, warranties or guarantees of any kind whether express or implied concerning any content contained in or accessed by you through TiGrESS, and we will not be responsible or liable for any matters arising out of the accuracy, copyright compliance, legality or decency of material contained in or accessed through TiGrESS.

To the fullest extent permitted by law, we, our directors, officers, employees, agents, representatives, partners, suppliers or content providers howsoever expressly exclude any and all liability arising for any loss suffered as a result of your use of, inter alia, TiGrESS, the Portal, the Site, the Application, the Services or any related content, for: (i) indirect or consequential losses or damages; (ii) loss of actual or anticipated profits; (iii) loss of revenue or goodwill or anticipated savings; or (v) loss of data.

We shall not be liable whether under contract, tort, strict liability, negligence or any other legal or equitable theory or otherwise, whether or not we had prior knowledge of the circumstances giving rise to such loss or damage.

8. Indemnification

You agree to defend, indemnify, and hold us, our directors, officers, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney’s fees and costs, arising out of or in any way connected with (i) your access to or use of TiGrESS; (ii) your breach of these Terms or the Privacy Policy; (iii) any representations made by you during your use of TiGrESS; or (iv) your violation of the rights of any party including but not limited to any intellectual property right, or publicity, confidentiality, property or privacy right.

This Portal is owned by ICONIX Systems and Solutions Sdn Bhd (Company No. 1224524-P)