Terms and Conditions

A. Introduction

1. This website (Website) is owned and operated by Invest Sabah Berhad (Invest Sabah). Invest Sabah may, at any time, change, suspend or discontinue any feature or aspect of this Website, including its content and hours of availability, without prior notice.

2. By accessing or using this Website, visitors acknowledge and agree to be bound by these Terms and Conditions. If a visitor does not agree to these Terms and Conditions, the visitor should not use this Website.

3. Visitors are advised to refer to these Terms and Conditions each time they access this Website to ascertain any variations, modifications, additions or deletions. Visitors shall be deemed to have agreed to and accepted the version of these Terms and Conditions in force at the time they access or use this Website. Any changes will take effect when they are published on this Website, unless otherwise stated.

B. Disclaimer

4. This Website contains information and materials compiled by Invest Sabah for general information purposes only and they do not constitute legal, financial, investment, tax or other professional advice. Information provided on the Website may be updated, changed or modified from time to time. Visitors should independently verify the information available and obtain appropriate professional advice before relying or acting on it.

5. Whilst every reasonable care is taken to ensure the accuracy and integrity of the information on this Website, Invest Sabah does not warrant or represent that the Website or any information on it, including information created, supplied or derived from a third party, is:

• accurate, suitable, complete, current or timely for any purpose whatsoever;
• derived from accurate or reliable sources;
• free from any infringement of the intellectual property rights of any third party;
• secure or free from viruses, malicious code, errors, interruptions or other harmful components; or
• evidence of the viability, feasibility, suitability or likely success of any business opportunity, business model or investment.

To the fullest extent permitted by law, Invest Sabah excludes all liability arising from or relating to any of the matters set out above.

6. To the fullest extent permitted by law, Invest Sabah and its affiliates, directors, officers, employees, agents, successors and assigns shall not be liable for any loss or damage arising out of or in connection with access to, browsing or use of this Website; the downloading, uploading, use of or reliance on any content available through this Website; any inability to access or use this Website or its content; or any action taken or omitted in reliance on this Website or its content. This exclusion applies whether the loss or damage arises in contract, tort, negligence, under statute or otherwise. Nothing in these Terms and Conditions excludes or limits any liability that cannot lawfully be excluded or limited.

C. Personal data and Turnstile

7. Personal data collected through this Website is handled in accordance with Invest Sabah Berhad's Privacy Notice and the Personal Data Protection Act 2010, as amended from time to time. Invest Sabah Berhad is the data controller in respect of personal data collected through this Website. An enquiry sent through this Website is delivered to Invest Sabah Berhad for the purpose of receiving and responding to the enquiry. Further information concerning the collection, use, disclosure, retention and protection of personal data is set out in Invest Sabah Berhad's Privacy Notice. Invest Sabah Berhad claims no right of ownership over the content of an enquiry, although it may use and retain that content to respond to the enquiry, maintain appropriate records and comply with applicable law.

8. The forms on this Website use Cloudflare Turnstile to distinguish human visitors from automated activity and protect the Website against spam and abuse. Turnstile may process technical information concerning a visitor's device, browser and interaction with the Website before a form is submitted. Where the Website contains optional third-party content or services, such as a Facebook feed, information may be transmitted to the relevant third party if the visitor chooses to load or interact with that content. Further details are provided in Invest Sabah Berhad's Privacy Notice and the privacy notices of the relevant third-party providers.

D. Visitors’ conduct

9. This Website shall be used for lawful purposes only. Visitors must not:

a. Copy, broadcast, download, store, transmit, adapt or change the contents of this Website without the prior written permission of Invest Sabah, except as expressly permitted under clause 10 or by applicable law.

b. Upload, post, publish, email, reproduce, distribute or otherwise transmit through this Website any:

i. content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, deceptive, fraudulent, hateful, discriminatory or otherwise objectionable;

ii. content that the visitor does not own or is not lawfully authorised to use or transmit;

iii. content that infringes the intellectual property or other legal rights of any person;

iv. unsolicited or unauthorised advertising, promotional material, junk mail, spam, chain letters or pyramid schemes; or

v. virus, malicious code or other material designed to interrupt, damage, destroy, disable or limit the operation of any computer software, hardware, network or telecommunications equipment.

c. Act in any manner that interferes with the operation, security or integrity of this Website or another visitor’s ability to use it;

d. Attempt to gain unauthorised access to this Website, its servers or any system or network connected to it; or e. Use this Website in breach of any applicable law.

10. Nothing in clause 9 prevents a visitor from reading, printing or sharing material published on this Website for personal, non-commercial informational purposes or in connection with a genuine business enquiry, provided that such material is not altered, used in a misleading manner and its source is clearly acknowledged.

E. Links

11. This Website may contain links to other websites, platforms or resources operated by third parties.

12. Invest Sabah does not control, review or endorse third-party websites and is not responsible for their availability, content, security, accuracy or privacy practices. Access to any third-party website is at the visitor’s own risk and subject to that website’s applicable terms and privacy notice.

13. All titles, logos, trademarks and other intellectual property appearing on any linked website remain the property of their respective owners and may be protected by applicable copyright, trademark and other intellectual property laws.

14. Invest Sabah may add, change, disable or remove any link or linked feature at any time without prior notice.

F. Intellectual property

15. Unless otherwise expressly stated, all content on this Website, including its text, images, graphics, layout, design, logos and trademarks, is owned by or licensed to Invest Sabah and is protected by the laws of Malaysia and any applicable international intellectual property laws.

16. All other trademarks and intellectual property not owned by Invest Sabah that appear on this Website are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by Invest Sabah. No licence or right to use any trademark or other intellectual property is granted except as expressly provided in these Terms and Conditions.

G. Miscellaneous

17. Visitors hereby acknowledge and agree:

a. To indemnify and hold harmless Invest Sabah, its affiliates, directors, officers, employees and agents against any loss, damage, liability, claim, cost or expense, including reasonable legal fees, arising directly from the visitor’s unlawful use of this Website, breach of these Terms and Conditions or infringement of any third party’s rights; and

b. That Invest Sabah may preserve or disclose material or information submitted or transmitted by a visitor where reasonably necessary to comply with applicable law, a court order or a lawful request from a competent authority; investigate a suspected breach of these Terms and Conditions; protect the rights, property or safety of Invest Sabah or any other person; or respond to a valid claim that the material infringes a third party’s rights, subject always to applicable personal data protection laws and Invest Sabah Berhad’s Privacy Notice.

18. If any provision of these Terms and Conditions is held to be unlawful, invalid or unenforceable, that provision shall, to the extent necessary, be severed or modified so that the remaining provisions continue in full force and effect.

19. A failure or delay by Invest Sabah in exercising any right or remedy under these Terms and Conditions shall not constitute a waiver of that right or remedy.

H. Governing law

20. These Terms and Conditions are governed by and shall be construed in accordance with the laws of Malaysia. Visitors submit to the exclusive jurisdiction of the courts of Sabah, Malaysia in respect of any dispute arising out of or in connection with this Website or these Terms and Conditions.

See also the Privacy Notice and the Disclaimer.