1. Introduction
These Website (https://thing.spektral.com.my and its sub domain or sub pages) Standard Terms And Conditions (these “Terms” or these “Website Standard Terms And Conditions”) contained herein on this webpage, shall govern your use of this website, including all pages within this website (collectively referred to herein below as this “Website”). These Terms apply in full force and effect to your use of this Website and by using this Website, you expressly accept all terms and conditions contained herein in full. You must not use this Website, if you have any objection to any of these Website Standard Terms And Conditions.
This Website is not for use by any minors (defined as those who are not at least 18 years of age), and you must not use this Website if you a minor.
2. Intellectual Property Rights
Other than content you own, which you may have opted to include on this Website, under these Terms, ThingSpektral and/or its licensors own all rights to the intellectual property and material contained in this Website, and all such rights are reserved. You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website.
3. Restrictions
You are expressly and emphatically restricted from all of the following:
3.1. publishing any Website material in any media;
3.2. selling, sublicensing and/or otherwise commercializing any Website material;
3.3. publicly performing and/or showing any Website material;
3.4. using this Website in any way that is, or may be, damaging to this Website;
3.5. using this Website in any way that impacts user access to this Website;
3.6. using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;
3.7. engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website;
3.8. using this Website to engage in any advertising or marketing;
3.9. accessing certain areas of this Website which are restricted from access by you and ThingSpektral may further restrict access by you to any areas of this Website, at any time, in its sole and absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality of such information.
4. Your Content
In these Website Standard Terms And Conditions, “Your Content” shall mean any audio, video, text, images or other material you choose to display on this Website. With respect to Your Content, by displaying it, you grant ThingSpektral a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.
Your Content must be your own and must not be infringing on any third party’s rights. ThingSpektral reserves the right to remove any of Your Content from this Website at any time, and for any reason, without prior notice.
5. No warranties
This Website is provided “as is,” with all faults, and ThingSpektral makes no express or implied representations or warranties, of any kind related to this Website or the materials contained on this Website. Additionally, nothing contained on this Website shall be construed as providing consult or advice to you.
6. Limitation of liability
In no event shall ThingSpektral , nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract, tort or otherwise, and ThingSpektral , including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.
7. Indemnification
You hereby indemnify to the fullest extent ThingSpektral from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.
8. Severability
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
9. Variation of Terms
ThingSpektral is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this Website.
10. Assignment
ThingSpektral shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, .you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
11. Entire Agreement
These Terms, along with any legal notices and disclaimers included on this Website, constitute the entire agreement between ThingSpektral and you regarding your use of this Website. By creating an account with this Website, you expressly agree to abide by and be bound by the full terms of this agreement for as long as your account remains exist. This agreement supersedes all prior agreements, communications, and understandings between the parties with respect to your use of the Website. In the event of any breach of these Terms by you, ThingSpektral reserves the right to suspend or terminate your account and access to the Website, without prior notice, at its sole discretion.
12. Governing Law & Jurisdiction
These Terms will be governed by and construed in accordance with Laws of Malaysia, Act 2010 - Personal Data Protection, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Malaysia for the resolution of any disputes. These inclusive of Compliance with Personal Data Protection Act 2010 (PDPA);
12.1. Web Service Provider's Responsibilities:
12.1.1. The Web Service Provider ("ThingSpektral") agrees to adhere to the requirements of the Personal Data Protection Act 2010 ("PDPA") in relation to the processing of personal data in the course of providing services. The Provider shall take appropriate technical and organizational measures to ensure the protection of personal data under its control, including but not limited to the following:
12.1.1.1. Ensuring data security and integrity in accordance with the principles outlined in the PDPA.
12.1.1.2. Assisting the Client with fulfilling any data subject access requests, data rectification, or deletion requests, where applicable.
12.1.1.3. Not disclosing personal data to third parties without the Client’s consent, unless otherwise required by law.
12.2. The Client's Responsibilities:
12.2.1. The Client (user of https://thing.spektral.com.my) is responsible for ensuring that any personal data provided to the Provider is collected, processed, and disclosed in accordance with the PDPA and shall:
12.2.1.1. Ensure that appropriate consent has been obtained from individuals whose personal data is being processed.
12.2.1.2. Inform individuals about the purpose of data collection and the parties to whom their data may be disclosed, where applicable.
12.2.1.3. Ensure that the personal data shared with the Provider is accurate, up-to-date, and relevant to the purposes for which it is being processed.
12.2.1.4. Provide the Provider with clear instructions on how to handle and process the personal data.
12.3. Data Processing and Security Measures
12.3.1. Both the Provider and the Client shall take all reasonable steps to implement appropriate security safeguards to protect personal data against unauthorized access, loss, or destruction. The parties shall cooperate to promptly notify each other of any data breaches or security incidents involving personal data, and take the necessary actions to mitigate any adverse effects of such incidents.
12.4. Retention and Disposal of Personal Data
12.4.1. The Provider and Client shall comply with any applicable legal requirements regarding the retention period of personal data. Upon the expiration of the retention period or upon termination of this agreement, both parties shall ensure the secure deletion or anonymization of the personal data, unless otherwise required by law to retain such data.
12.5. Third-Party Service Providers
12.5.1. If the Provider engages any third-party service providers in relation to the processing of personal data, the Provider shall ensure that such third parties comply with the provisions of the PDPA and maintain the confidentiality and security of the personal data they process.
12.6. Indemnity and Liability
12.6.1. Both parties agree to indemnify and hold each other harmless from any claims, damages, or liabilities arising from a breach of the PDPA by the other party in relation to the processing of personal data.