Terms & Conditions

Introduction

By using the website located at www.first-cert.com (“FirstCert”), you acknowledge that you have read these terms and conditions of use of our Website (“Terms”) and that you agree to be bound by them. If you do not agree to all of the Terms, you are not an authorised user of these services and you must not use our Website.

FPG Solution & Consultancy Sdn Bhd (“FPGSC”) reserves the right to change these terms at any time for any reason. Please review these terms periodically for changes. Such changes shall be effective immediately upon posting. Your continued use of our Website constitutes your acknowledgment and acceptance of such changes.

FPGSC also reserves the right to update or modify our Website from time to time without ascribing any reasons. We do not guarantee that our Website or any content on it will always be available. We may suspend, withdraw or restrict the availability of all or any part of our Website.

Access

You agree to comply with any and all terms, guidelines, notices, policies and instructions pertaining to the use and/or access of our Website.

You acknowledge and agree that to access and use certain services on our Website, you will be required to register and additionally shall be bound to strictly comply with any other terms and conditions (where applicable) in addition to these terms.

You may not adapt or circumvent the systems in place in connection with our Website, nor access our Website other than through normal operations.

Failure to comply with these Terms may result in our taking of actions we reasonably deem appropriate, including any or all of the following actions:

immediate, temporary or permanent withdrawal of your right to use our Website;

• immediate, temporary or permanent removal of any posting or material uploaded by you to our Website;
• issuance of a warning to you;
• commencement of legal proceedings against you for reimbursement of all of our costs (including, but not limited to, administrative and legal costs) resulting from the breach;
• further legal action against you; and/or
• disclosure of such information to law enforcement authorities as is necessary.

All disclaimers, indemnities and exclusions in these Terms shall survive termination of the agreement between us for any reason.

Proprietary rights

The content contained on this Website is owned, licensed, operated or controlled by FPGSC and its third party information providers. The content is protected by applicable copyrights, trademarks, service marks, and/or other intellectual property rights, which are proprietary to FPGSC and/or their respective owners. Such content is solely for your personal, non-commercial use.

Accordingly, the materials located on this Website, including including information or any text, graphics, video, audio, software code, user interface design or logos, as well as any software programmes made available on or through this Website (“Contents”), are protected by copyright, trademark and other forms of proprietary rights. All rights, title and interest in the Contents are owned by, licensed to, operated or controlled by FPGSC and its third party information providers.

Restrictions on use of materials

Except as otherwise provided, the Contents of this Website shall not be modified, produced, used or reused, republished, uploaded, posted or reposted, transmitted or otherwise distributed in any way, without the prior written permission of FPGSC.

You must not use any part of the Contents of this Website for public or commercial purposes without obtaining a licence to do so from us or our licensors.

Any unauthorised use of the Consent may violate copyright laws, trademark laws, and the laws of privacy and publicity, and communications, as well as other regulations and statutes.

Modification or use of any of the Contents or use of the Contents for any other purpose will also be a violation of FPGSC’s copyright and other intellectual property rights. Graphics and images on this Website are protected by copyright and may not be reproduced or appropriated in any manner without the written permission of their respective copyright owners.

If you print off, copy or download any part of our Website in breach of these Terms, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the material you have made.

Unauthorised use of content

You agree to defend, indemnify and hold harmless FPGSC, its affiliates and each of their respective officers, directors, members, partners, managers and employees against any losses, damages, claims, liabilities and costs (including reasonable solicitors’ fees) to the extent resulting from or arising out of any unauthorised or otherwise inappropriate use of any of the content of this Website attributable to you or which occurs through the use of your identity.

Account details

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by use, at any time if, in our reasonable opinion, you have failed to comply with any of the provisions of these Terms.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at [email protected].

Linking to our website

You must not establish a link to the home page or to any other page on our Website without our express written consent. Even if consent is provided, you may only establish a link to the home page or to any other page on our Website in a way that is legal and does not damage our reputation or take advantage of it.

You also must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists, or establish a link to our Website in any website that is not owned by you.

We reserve the right to withdraw linking permission without notice.

If you wish to link or make any use of Content on our Website other than that set out above, please contact [email protected].

Other websites

Where our Website contains links to other websites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval or endorsement by us of those linked websites or information you may obtain from them. We have no control over the contents of those websites or resources. When you click on a third party link, you will leave our Website. Any personal data you submit on the resulting site will not be collected or controlled by us but will be subject to the privacy policy or terms of use of the resulting site.

Other third party content

Our Website may contain third party content, including but not limited to articles or applications posted by third parties and content accessed through such applications. You agree that we shall not be responsible or liable for any third party content on our Website or your access or use of any third party content on our Website.

Other terms

These terms of use refer to the following additional terms, which apply to your use of our Website:

• Our Privacy Policy
• Our Disclaimer

Limitation of Liability

FPGSC and its affiliates and their respective officers, directors, employees or agents will not be liable to you or anyone else for any damages of any kind, including, but not limited to, direct, consequential, incidental, special or indirect damages (including but not limited to lost profits, trading losses or damages that result from use or loss of use of this Website), even if FPGSC has been advised of the possibility of such damages or losses, including, without limitation, from the use or attempted use of this Website or another linked website.

General

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

If any provision of these Terms is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and the validity and enforceability of the remaining provisions of these Terms shall not be affected.

A person who is not a party to these Terms shall have no right under the Contracts (Rights of Third Parties) Act of Malaysia to enforce any of these, and the application of the Contracts (Rights of Third Parties) Act of Malaysia is expressly excluded.

You agree that we can transfer our rights and obligations under these Terms to any company or person. You may not transfer your rights or obligations under these Terms to anyone else without our express written consent.

Governing law

These Terms shall be governed and construed in accordance with the laws of Malaysia. By using our Website, you and we both agree or are deemed to have agreed that the Malaysia courts will have exclusive jurisdiction.

© 2024 FPGSC. All rights reserved. FPG Solution & Consultancy Sdn Bhd, FPG Solution & Consultancy are registered and unregistered trademarks of First Pavilion Global Berhad or its subsidiaries in Malaysia and elsewhere. All other trademarks are those of their respective owners.