Terms of Use

YOU ARE ADVISED TO CAREFULLY READ AND UNDERSTAND THE FOLLOWING TERMS AND CONDITIONS (“Terms”, “Terms and Conditions” or “Terms of Use”, as the case may be) WHICH GOVERN AND REGULATE YOUR ACCESS OF AVICENNIA CAPITAL WEBSITE (accessible at http://www.avicenniacapital.com) (“Website”). BY ACCESSING THE WEBSITE, YOU ACKNOWLEDGE YOUR ASSENT TO THE FOLLOWING TERMS OF USE WITHOUT LIMITATION OR QUALIFICATION. IF AT ANY TIME YOU DO NOT ACCEPT ANY OR ALL OF THESE TERMS AND CONDITIONS, YOU MUST IMMEDIATELY DISCONTINUE ALL ACCESS OF THIS WEBSITE AND EXIT IMMEDIATELY.

GENERAL

This Website is operated, administered, maintained and developed by Avicennia Capital Sdn Bhd (Company No. 1031978-V) (“Avicennia”, “we”, “us”, or “our”, as the case may be). Your access of this Website are governed by these Terms and Conditions including any amendments made thereto and any other additional operating policies which we, at our sole and absolute discretion, may impose from time to time.

We reserve our rights to update, vary, amend or modify any of the Terms and Conditions at any time without prior notice. Such variations, additions, deletions, amendments and/or modifications shall take effect upon any such updates or postings. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound.

YOUR CONDUCT

You agree that your access and use of this Website shall at all times be in accordance with all legislation, laws, regulations governing the same and you shall not, at any time attempt or assist any other person(s) to transmit any materials, data, communication and/or information (“Contents”) through this Website, which is abusive, defamatory, infringes another person’s rights, constitutes a criminal offence or gives rise to civil liability, encourages racism, promotes hatred, contains pornography, viruses or deleterious files and/or is otherwise objectionable to public morals and decency. You also agree not to attempt to gain unauthorised access onto this Website or disrupt the security of its resources, provide information which is inaccurate or false and/or otherwise abuse and misuse this Website.

We are not obliged to monitor or review your access of this Website. However, we may do so from time to time for our own purposes or where we are compelled to do so under these Terms and Conditions. Under such circumstance, we reserve the right to edit or delete any Contents which violates any of the provision in this Terms of Use without notice and without any liability whatsoever to you for doing so.

INTELLECTUAL PROPERTY RIGHTS

You agree that the Contents including any graphic, text, script, music, sound, photograph, image, art, video and other multimedia work or any combination thereof available on this Website is at all times protected by copyright, trademarks, service marks, patents and any other applicable intellectual property or proprietary rights, all of which are at all times owned exclusively by us or any other relevant third party vendor, advertiser or affiliate, where applicable.

You further agree that the Contents may not otherwise be reproduced, modified, copied, distributed, disseminated, communicated, altered, hyperlinked, adapted, stored, retransmitted, broadcast, displayed, performed, published, licensed, transferred or sold in whole or in part in any manner whatsoever without the express prior written consent of Avicennia, or that of the relevant third party. In furtherance thereto, you shall not without our express prior written consent, insert a hyperlink, frame or “mirror” any Contents herein contained on any other websites or servers.

We hereby disclaim all liability which may arise from any unauthorised use or reproduction of the Contents herein contained.

CONFIDENTIAL INFORMATION

You hereby confirm that you have read, understood and agreed to be bound by our privacy notice, which is available at http://avicenniacapital.com/content/privacy-notice (“Privacy Notice”), as may relate to the collection, processing and use of your personal data or information. For the avoidance of doubt, you agree that the said Privacy Notice shall be deemed to be incorporated by reference into this Terms of Use.

LINKS

This website may contain hyperlinks to websites and external resources maintained by external parties. These hyperlinks are provided for your convenience only and the inclusion of any link to such websites shall not be considered or construed as an endorsement or verification by Avicennia of the websites or the content thereof. These third party websites and resources may have their own terms of use and we advise you to carefully review them. You acknowledge and agree that you access such websites at you own risk.

DISCLAIMER

All Contents available on this Website are provided on an “as is” and “as available” basis and are strictly meant for your reference and information only.

While we use reasonable efforts to ensure that the Contents available or any portion thereof are, as far as possible, complete, current, true and accurate, you acknowledge and agree that certain Contents may be provided by third parties, therefore, we do not warrant the same and further, we expressly disclaim all liability for any errors, omissions or inadequacies in the content herein or any portion thereof. Further, we do not give any kind of warranty, whether express, implied or statutory, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement or freedom from viruses. We assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment, system or other property as a result of your access to, use of, or browsing of this Website or your downloading of any Contents herein contained. We also do not warrant that this Website and the Contents herein will meet your requirements, be uninterrupted, timely or secure.

This Website may contain forward-looking statements and projections, including, without limitation those regarding our financial position, business strategies, plans and objectives for future operations and potential growth opportunities. Such forward-looking statements reflect our current view with respect to future events and shall not be deemed as a guarantee of future performance. You agree and acknowledge that our future performance is subjected to additional factors, which may be beyond our control that could cause our actual results, performance and achievement to differ materially.

You shall be solely responsible to evaluate the quality, adequacy, completeness, currentness and usefulness of the Contents accessible through this Website. You are advised to obtain independent professional advice and verification of the said contents prior to making any business or commercial decision based on any such Contents. The materials on this Website are for general references only and should not in any instances be considered as advice, opinion or any form of provision of advisory services made by us.

Notwithstanding the generality of these Terms and Conditions, we shall not, at any time whatsoever, be liable to you or any other person for any damage or loss suffered (including all direct, indirect, special or consequential damages, economic loss, loss of profits or loss of opportunity) arising from any interruption or unavailability of this Website, the Contents herein contained and/or your access to and use of the same for any reason whatsoever.

TERMINATION

Avicennia reserves the right to terminate and/or suspend your access to this website and/or your use of this website at any time, for any reason whatsoever. In particular, and without limitation, Avicennia may terminate and/or suspend your access should you violate any of these Terms and Conditions, or the rights of Avicennia, any other user or third party.

INDEMNITY

You hereby agree to fully indemnify, defend and hold us, our officers, directors, employees, agents and servants harmless against all damages, losses, expenses and costs (including legal costs and disbursements) which we may have suffered or incurred, whether directly or indirectly, in connection with or as a result of your breach of any of the provisions under these Terms of Use.

MISCELLANEOUS

Any failure to enforce any provision, assert any right or insist on performance of any of these Terms of Use in any instance shall be deemed a waiver of the ability to enforce such terms, assert such right or insist on the performance of such obligations in the future. The failure of Avicennia to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of our rights to subsequently enforce such or any other Terms and Conditions herein.

If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable laws, then the invalid and unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the other provisions of the terms and conditions shall continue in full force and effect.

Any rights not expressly granted herein are reserved.

GOVERNING LAW AND JURISDICTION

This Terms of Use shall in all respect be governed by and construed in accordance with the laws of Malaysia. Parties hereby agree to submit to the exclusive jurisdiction of the courts of Malaysia.