The 5G & AI Innovation (“Hub”) is hosted by MIMOS Berhad ("MIMOS”) in collaboration with Maxis Broadband Sdn Bhd ("Maxis”) and Huawei Technologies (Malaysia) Sdn Bhd ("Huawei”). Hereinafter MIMOS, Maxis and Huawei will be collectively referred to as “our”, “us” and/or “we”.
If you are interested to access the Hub, you are required to submit your application to MIMOS in the form prescribed for approval.
Your access to the Hub becomes effective only upon written confirmation by MIMOS that your application has been approved and that the necessary resource and account allocation has been activated.
Upon such confirmation, you will be informed of the necessary security measures which you must undertake to fully comply with when you access the Hub.
Your access to the Hub is not transferable to any third party without MIMOS’ prior written consent. You expressly acknowledge that pursuant to the Computer Crimes Act 1997, any unauthorized use of the Hub is a criminal offence and is punishable by law.
You understand that the content, materials and other components (including for example logos, graphics, button icons and page headers) available on this website belong to MIMOS, Maxis or Huawei (as the case may be) or their licensors, and are protected by copyrights, trademarks, service marks or other intellectual property rights and laws around the world. Nothing in this Website ToU constitutes a transfer of any intellectual property rights.
All equipment, devices, solutions, resources, connectivity or software displayed, showcased or made available for testing within the Hub ("Our Resources”) belong to either MIMOS, Huawei or Maxis (as the case may be). Our Resource are provided strictly on an “AS IS” and “AS AVAILABLE” basis. You shall not damage, remove, modify or tamper with Our Resources and shall take reasonable and proper care of Our Resources, failing which, you shall be responsible for any repair and/or replacement costs in relation to Our Resources and all other loss or damage we suffer as a result thereof.
If you connect your equipment, devices or software ("Your Equipment”) to Our Resources, you must ensure that Your Equipment is:
(i) lawfully owned by you and/or leased, rented or licensed to you;
(ii) are typed approved by the relevant authorities;
(iii) compatible and functioning properly; and
(iv) fully compliant with all applicable laws including health and safety laws and environmental laws.
We will not be liable for (i) any malfunction, defect, loss or damage to Your Equipment howsoever caused, nor (ii) any loss or damage that you or any third party may sustain as a result of the use of Our Resources and/or the Hub. Accordingly, you expressly confirm and agree that by using Our Resources and/or the Hub you accept all such risk and shall insure accordingly.
From time to time and in our sole discretion, we may issue or publish a list of Our Resources which are available at the Hub. We are under no obligation to either issue or publish any lists or keep any such issued or published list updated.
We expressly reserve the right to remove, substitute, add or in any way change Our Resources without any obligation to inform you or update any issued or published list of Our Resources. Our Resources as made available at the Hub are intended to be shared between various visitors using the Hub. As such, you shall not attempt to secure exclusive use of any of Our Resources without MIMOS’ prior written permission.
All intellectual property rights in Our Resources are exclusive property of their respective owners i.e. MIMOS, Huawei or Maxis, or our licensors. You will not acquire any right in any intellectual property rights by virtue of you using Our Resources. You shall not under any circumstance duplicate, copy, reproduce, alter, modify, reverse engineer, decompile, disassemble Our Resources and acknowledge that any such acts shall constitute an infringement of the intellectual property rights of the respective owners or their licensors.
Any material, information or ideas (including any intellectual property rights therein) that you provide to us in the course of your access to the Hub and/or use of Our Resources ("Your Materials") remain proprietary to you. You hereby grant us a non-exclusive, royalty free, perpetual, irrevocable and fully sub-licensable right and licence to use Your Materials to (i) administer your access to and use of the Hub and/or Our Resources, (ii) assess, evaluate and improve the performance of the Hub and/or Our Resources, and/or (iii) perform data and statistical analytics. You further acknowledge and agree that we may disclose Your Materials to the extent that we are required to do so by any governmental authority, court or in compliance with applicable laws.
You may be provided with access to 5G connectivity when using Our Resources ("Connectivity”). You agree that Maxis is not liable and does not guarantee that:
(a) the Connectivity will be available and Maxis may at any time and in its sole discretion immediately interrupt, bar, suspend, restrict, discontinue and/or terminate the Connectivity as Maxis deems fit without notice to you;
(b) the Connectivity will be error-free or uninterrupted, that you will have secure access to the internet, or that Maxis will correct any or all errors in the Connectivity;
(c) the Connectivity will operate in combination with any of Your Equipment or Your Materials;
(d) the Connectivity, including any products, services, information or other material you obtain from Maxis, will meet your requirements or expectations;
(e) the security of your data on any of Your Equipment passing through or otherwise processed via the Connectivity. In this respect, you are solely responsible for the content of data retrieved, stored or transmitted through the Connectivity (where authorised by your or not).
You shall be responsible for the proper use of Our Resource made available to you in the Hub.
You undertake and covenant to:
(a) Comply with all notices and instructions issued, given or notified by the Parties from time to time in respect of use of the Hub and Our Resource;
(b) Comply with the rules of any network to which you gain access through the Hub; and
(c) be solely responsible for all information and/or data retrieved, stored and transmitted by you through the use of the Hub and Our Resource.
You shall NOT access or use the Hub and Our Resource:
(a) for any unlawful purpose including and without limitation, any criminal purpose;
(b) to seize exclusive control or use of any of Our Resource in the Hub;
(c) to send or intentionally receive any message, posting, data or material which is offensive on moral, religious, racial or political grounds or any threatening, harmful, unlawful, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, or otherwise objectionable material of any kind, including but not limited to, any material which encourages conduct that would constitute a criminal offense, civil liability or otherwise violate any local or international law;
(d) to introduce, assist or attempt to introduce any computer virus to Our Resource in the Hub or any other person’s system via the Hub and/or Our Resource;
(e) to infringe or facilitate infringement of any intellectual property right of any person (including without limitation MIMOS, Maxis and/or Huawei’s);
(f) to gain unauthorised access to any computer system, whether or not connected to the internet or the Hub, or any information regarded as private by other persons; and Our Resource.
(g) unless specifically authorized by us in writing, you shall not share, rent, lease, offer or in any manner whatsoever give access to the Hub to any person.
In the case of MIMOS, you agree MIMOS shall use its reasonable endeavours to enable your access to the Hub. However, we do not in any way guarantee, warrant or represent your access or continued access to Our Resource and the Hub.
No Warranty and Disclaimer
For the avoidance of doubt, it is expressly agreed that we in no way guarantee or warrant your access to the Hub or use of Our Resources. Although effort is made to ensure that the Hub and/or Our Resources are available, you acknowledge that these are currently in developmental phase and as such no service levels or quality assurance should be expected or implied.
We do NOT give any warranty in respect of Our Resources or Your Equipment, code or script available or made available by you at the Hub.
To the fullest extent permitted by law, we are not liable to you or any other person for:
(i) any indirect, incidental, consequential, exemplary or punitive damages arising out of relating to the use or the inability to use the Hub and/or Our Resources, including without limitation loss of profit or revenue or loss of opportunity, business, contracts, goodwill or anticipated savings or wasted expenditure;
(ii) any claim for negligence, libel, defamation, slander, cyber terrorism, invasion of privacy, unlawful interference or other tortious actions, infringement of any intellectual property rights, breach of any law or regulation or any other cause of action arising from the use, transmission and/or receipt of material in connection with the Hub, Our Resources and/or any claims arising out of any act or omission whether by you or any other third party in relation to the use of the Hub, Our Resources or any part thereof;
(iii) any loss or damage caused to you as a result of any suspension/barring/termination by us pursuant to this Hub ToU;
(iv) any loss, distortion, interruption, corruption, damage, degradation, alteration, deletion or irretrievable data arising from the use of the Hub and/or Our Resources to transmit data or for data communication purposes including any unlawful or unauthorised access to your transmission or data (notwithstanding the cause of such unauthorised access) and we shall have no obligation to back up or manage the data or information;
(v) any interruption or unavailability of the use of the Hub or Our Resources for any reason whatsoever including through adverse weather conditions, electromagnetic interference, equipment failure or network congestion; and
(vi) any malfunction or defect in Your Equipment and/or Your Materials arising out of your use, access or inability to use the same, whether or not we, our personnel and/or our suppliers were or should have been aware of the possibility of the same occuring.
We shall not be liable for any loss of data/information howsoever caused whether as a result of any interruption, suspension or termination of your access to the Hub or Our Resources, or for the contents, accuracy or quality of applications and data/information available, received or transmitted through the Hub or Our Resources.
We shall not be liable for any loss or damage sustained by you by reason of any disclosure, inadvertent or otherwise of any information, data or material stored on any of Our Resources. Neither shall we be liable for any error, omission or inaccuracy with respect to any such information disclosed.
Without prejudice to and notwithstanding anything contrary herein where a court or an arbitrator or a tribunal holds us liable to you for any breach, default, negligence and/or actions by us, you agree that the amount of damages or loss payable by us to you will not at any time exceed the sum of RM500.00.
We do not control or endorse any information obtained through or found at the Hub or through the use of Our Resources and therefore, we specifically disclaim any liability with regard to any actions resulting from your use of the Hub and your reliance and use of Our Resources.
You undertake and agree to fully indemnify and hold us (including our respective officers, directors, employees, agents, advisors, successors and assigns) (collectively "Indemnitees") harmless at all times against all actions, claims, proceedings, costs, losses and/or damages whatsoever including but not limited to libel, slander, infringement of intellectual property, death, bodily injury or property damage howsoever arising which we may sustain, incur or pay, or as the case may be, which may be brought or established against any Indemnitees by any person arising out of or in connection with you or your personnel, agents or representatives use or access of the Hub and/or Our Resources.
We reserve the right to amend this Hub ToU and your continued access of the Hub and/or Our Resources after the effective date of such amendments shall constitute your agreement to be bound by the terms and conditions as amended thereto. Notice of the amendment may be given by us to you in such manner as we deem appropriate.
We shall not be liable for any breach of this Hub ToU arising from causes beyond our control including but not limited to acts of God, insurrection, civil disorder, war or military operations, national or local emergency, acts or omissions of government, other competent authority, industrial disputes of any kind (whether or not involving any of our employees), pandemic, epidemic, natural disaster, fire, lightning, explosion, flood, subsidence, inclement weather, acts or omissions of persons or bodies for whom we are not responsible or any other cause outside of our control.
This Hub ToU shall be governed and construed in accordance with the laws of Malaysia. You agree to the exclusive jurisdiction of the courts of Malaysia in connection with any dispute arising hereto.