TERMS AND CONDITIONS

Definitions

"Bond + Sukuk Information Exchange” (“BIX website”) is an interactive online service operated by Bond and Sukuk Information Platform Sdn Bhd (“Company”), regulated by the Securities Commission Malaysia (SC). This website serves as a one-stop repository of information services of the primary and secondary bond and sukuk market.

These Terms and Conditions are applicable to this site located at www.bixmalaysia.com.  

Under these Terms and Conditions, the terms “BIX”, “we”, “us” and “ours” refers to the Bond and Sukuk Information Platform Sdn Bhd or “Company”. The Company reserves the rights to amend this policy at any time by posting a revised version on the BIX website. The revised version will be effective at the time posted.

“User” and “you” means each person who uses the BIX website.
 
Words importing the singular number shall include the plural number, and vice versa.

General

This section sets forth the terms and conditions that apply to the use of the BIX website by the User.  By using the BIX website, the User agrees to comply with all of the terms and conditions hereof.

Changed Terms

The Company has the right at any time to change or discontinue any aspect or feature of the BIX website, including, but not limited to, content, hours of availability, and equipment needed for access or use.

The Company shall have the right at any time to delete, change or modify the terms and conditions applicable to the User's use of BIX website, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means of, including, but not limited to, posting on BIX website or by any other means by which the User may obtain notice thereof. Any use of the BIX website by the User after the issuance of such notice shall be deemed to constitute acceptance by the User of such deletions, changes, modifications or additions.

Equipment/Hardware

The User shall be responsible for obtaining and maintaining all internet connection, computer hardware and other equipment needed for access to and use of the BIX website and all charges related thereto.

Although the Company regularly updates its virus protection software, it does not warrant that the server that makes the information and contents of this website available is free of viruses or bugs. The User acknowledge that it is the User’s responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy the User’s particular requirements for the correct display and/or presentation of any material contained on this website.

Maintenance

The Company reserves the right to suspend the operation of the BIX website at regular intervals for periodic maintenance and administration purposes and will use its best endeavours to provide prior notice of such suspension, whenever possible.

The Company will use its best endeavours to ensure that all maintenance and administration tasks do not lead to down time within the normal business hours.

The Company shall not be liable for any loss and damage suffered by any User as a result of any suspension of the BIX website for maintenance and administration works or otherwise.

Conduct of Users

The User shall use the BIX website for lawful purposes only. The User shall not post or transmit through the BIX website any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, an invasion of privacy , vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law. Any conduct by a User that in the Company's view restricts or inhibits any other User from using or enjoying the BIX website will not be permitted. The User shall not use the BIX website to advertise or perform any commercial solicitation. 
Materials on the BIX website are protected by trademarks, copyright and other proprietary information and are the property of BIX website unless otherwise explicitly stated. The BIX website may also contain a number of trademarks, logos, graphics, photos, videos and symbols which are either owned by the Company or used with the approval of the intellectual property owners. The User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Any material on the BIX website that is identified as being subject to copyright of a third party, authorisation to use or reproduction, such material must be obtained from that third party. Unless stated otherwise, the User may access and download the materials located on this website only for personal, non-commercial use.

There will not be any copying, redistribution, retransmission, publication or commercial exploitation of downloaded material permitted without the express permission of the Company and the relevant copyright owners. In the event of any permitted copying, redistribution or publication of material subject to copyright, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading such material. 

Responsibilities of Users

The User shall use the BIX website and/or utilise any content, material, or information obtained from BIX website solely for lawful purposes.

The User shall not distribute, reproduce, re-transmit, sell, broadcast, publish, hyperlink to or otherwise deal in any manner whatsoever with any content, material, or information contained in or obtained from the BIX website.

The User hereby agree not to hack or attempt to or assist any other person to gain unauthorised access into the BIX website, disrupt the security of the system and / or abuse or misuse the system or its services in any way.

No Warranty or Representation

The Company shall use all reasonable efforts to ensure the continued operation and provision of the BIX website. However, the User hereby agree and acknowledge that the Company does not make any warranties or representations of any kind whatsoever with respect to the BIX website, whether express or implied and, shall not be responsible or liable for any loss arising whether in tort, contract or indemnity, whether suffered by the User or any other person.

While the BIX website will use its best endeavours to implement the necessary controls to ensure that messages and information transmitted over the Internet for the purpose of BIX website is secure, the User agree and acknowledge that the BIX website does not make any warranties in respect of the same. The User hereby accept the risk associated with use of the Internet including but not limited to the risk that all information transmitted through BIX website may be subject to possible interception or possible alteration or unauthorised access by third parties and accordingly, the User shall not hold the Company responsible or liable for any such unauthorised access, interception, alteration, theft of information or any other losses arising therefrom.

Exclusion of Liability

The Company shall not, where it is acting in good faith, be liable for and shall be held harmless against all claims, liability, losses, costs, demands, damages or expenses (including, without limitation, any loss of profits, income, savings or goodwill, direct or indirect, or incidental, special, indirect, punitive, exemplary or consequential damages of any party, including third parties) which may be incurred in respect of, in connection with or arising from the use or misuse of the BIX website by any User.


Without limiting to the generality of the above, the Company shall not be liable for any loss caused by or arising from any one or more of the following events howsoever caused or incurred:

(a) any damage to User’s computer, software, modem, telephone or other property resulting from User’s usage of BIX website;
(b) any malfunction, defect in and / or any breakdown, disruption or failure of any telecommunication, computer, terminal, server or other device or system whether or not owned, operated or maintained by the User including but not limited to the interruption, stop or delay in the provision of the BIX website and the execution of User’s submission or application;
(c) any malfunction, breakdown, disruption, and / or unavailability of the BIX website or any portion thereof, howsoever arising;
(d) any failure or delay caused by User’s internet browser or other software, computer virus or other related problems;
(e) any corruption, destruction, alteration, loss or error of data or information in the course of transmission;
(f) any intrusion, interference or attack by any person, virus, worms, macros or other harmful components or deleterious programs or files;
(g) any prohibition, suspension, delay or restriction of User’s access to the BIX website by any laws or regulations applicable to the User;
(h) any prohibition, suspension, delay or restriction of User’s access to the BIX website caused by, relating to or in connection with User’s internet access provided by User’s telecommunications service provider;
(i) any delay in the delivery or failure to deliver any information, data or documents whatsoever in relation to any submission or application;
(j) any event, the occurrence of which is beyond the control of the Company including but not limited to fire, earthquake, flood, lightning, riots, strikes, government action, war, disruption of electrical and power supply; and / or
(k) any loss or disruption caused by third parties.

Disclaimer Of Warranty; Limitation Of Liability.

While every effort is made to ensure the information on this website is up-to-date and correct, the Company makes no representations or warranties of any kind, express or implied, about the accuracy, reliability, completeness, suitability or availability of the website or the information provided on the website. The information on this website is subject to change at any time. Any reference on this website to historical information and performance may not necessarily be a good guide to future performance. You are solely responsible for any actions you take or do not take by relying on such information. To the full extent legally allowable the directors, associates, vendors and staff of the Company expressly disclaim all and any liability and responsibility to any person in respect of anything, and of the consequences of anything, done or omitted to be done by any such person in reliance, whether wholly or partially, upon the whole or any part of the contents of this website.

This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, negligence or other tortious behaviour, or under any other cause of action. User specifically acknowledges that the Company is not liable for the defamatory, offensive or illegal conduct of other Users or third-parties and that the risk of injury from the foregoing rests entirely with User. 

In no event will the Company or any person or entity involved in creating, producing or distributing be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use the BIX website. The User hereby acknowledges that the provisions of this section shall apply to all content on BIX website.

Additionally, there are no warranties as to the results obtained from the use of the information. 
Reference to any specific commercial product, process or service by trade name, trade mark, manufacture or otherwise does not constitute an endorsement, a recommendation or a favouring.

Waiver

In the event that the Company fails or neglect to enforce any provision of the Terms and Conditions for any reasons whatsoever, the Company shall neither be construed as having waived its rights to enforce the same nor as having waived its rights to any continuing, succeeding or subsequent breach of the same or any other provision of the Terms and Conditions.

Third Party Content

BIX website is a publisher of content supplied by third parties. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Users or any other User of the BIX website, are those of the respective author(s) or distributor(s) and not of the Company Neither the Company nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.

While every effort is made to ensure the information on this website is up-to-date and correct, the Company makes no representations or warranties of any kind, express or implied, about the accuracy, reliability, completeness, suitability or availability of the website or the information provided on the website. The information on this website is subject to change at any time. Any reference on this website to historical information and performance may not necessarily be a good guide to future performance. You are solely responsible for any actions you take or do not take by relying on such information. To the full extent legally allowable the directors, associates, vendors and staff of the Company expressly disclaim all and any liability and responsibility to any person in respect of anything, and of the consequences of anything, done or omitted to be done by any such person in reliance, whether wholly or partially, upon the whole or any part of the contents of this website. 

Cost

Unless otherwise indicated, no fees will be charged for access to BIX website. However, the User is wholly responsible for any Internet service provider fees and charges, as well as those imposed by any telecommunications services provider, arising from User’s connection, access to and use of BIX website.

Jurisdiction

The User hereby agree that the Terms and Conditions, performance and conduct under it, access and use of BIX website and / or any disputes arising therefrom shall at all times be governed by and construed in accordance with the laws of Malaysia. Further, the User agrees to be bound and submit to the exclusive jurisdiction of the courts of Malaysia.

The Terms and Conditions are subject always to existing legislation, laws and regulations applicable and relevant to the Company and nothing contained herein is in derogation of the Company’s rights to comply with and conform to any legal requirements relating to the access of the BIX website or in respect of any data or information provided to us.

Use of Information Collected

The Company may also use the information that was collected about the User including for, but is not limited to:
•    to respond to inquiries and requests for information;
•    to operate and provide services to User;
•    to detect, prevent or investigate security breaches or fraud;
•    to maintain records for internal administrative purposes; and
•  for the Company’s internal purposes such as evaluating the effectiveness of market research, educational tools, website administration and audit.
 
The Company may share User’s information with other parties in the following circumstances:
•      Amongst our company for analysis and decision making including decisions regarding improvement of our services;
•    With the Company’s vendors that provide us with their support services in delivering our services to User;
•     With other companies to use your information for promotion and marketing purposes.
 
The BIX website does not use cookies to gather information and the BIX website does not accommodate any web caching to prevent storing of files/data in the hard disk cache and ensuring confidentiality of the User’s information.