Definitions

"Portal" means www.mgrc.com.my.

"End User" means the individual accessing the Portal and the Content.

"Services" means the Customised Services and the Applications Services.

"You/Your" refers to the End User.

"Terms & Conditions" means these Terms and Conditions of Use and future amendments hereto.

"MGRC Content" means all content available at www.mgrc.com.my, including but not limited to all text, images, data, software applications, logos and publications accessible via the Portal developed or owned by MGRC.

"Third Party Content" means public and private and/or third party data, applications or materials not developed or owned by MGRC.

"Content" means "MGRC Content" and "Third Party Content".

"MGRC" means Malaysian Genomics Resource Centre Sdn. Bhd. (Company No. 652790-V), a company incorporated under the laws of Malaysia and having its place of business at No.29-10, Level 10, Signature Office, Bandar Mid-Valley, 59200 Kuala Lumpur, and reference to MGRC may include its subsidiaries, affiliates and parent companies.

"MBC" means Malaysian Biotechnology Corporation Sdn Bhd. (Company No. 691431-D), a company incorporated under the laws of Malaysia and having its registered office at Level 23, Menara Naluri, 161 Jalan Ampang, 50450 Kuala Lumpur.

"Customised Services" means specific services offered by MGRC to End Users including private SynaBASEs, contract services and custom applications development.

"Applications Services" means online access to software applications including SynaSearch, SynaCompare, SynaBlat, SynaRex, SynaProbe, SynaBlast, SynaTate, SynaTree and SynaHybridise.

Acceptance of Terms & Conditions

By visiting the Portal, You are deemed to have accepted these Terms & Conditions governing the use of this site and Your access to the Content herein.

You acknowledge MGRC reserves the right to revise these Terms & Conditions at any time, at its sole discretion and without prior notice. MGRC will post the latest version of these Terms & Conditions via the Portal. At all times the latest version of these Terms & Conditions accessible via the Portal shall be binding and shall supersede any other version.

If You do not accept these Terms & Conditions, please discontinue Your use of the Portal immediately.

Description of the Services

MGRC provides the Applications Services in collaboration with MBC. The End User hereby understands and acknowledges that MBC is a partner of MGRC in the provision of the Application Services to End Users and as such, is not responsible or liable in any manner or to any extent for any loss or liability arising out of MGRC's provision of the Application Services to the End User. In this connection, the End User's sole recourse, if any, lies against MGRC only.

MGRC provides the Customised Services on its own and not in collaboration with MBC.

Use of the Portal

Your use of the Portal allows you to access the Content. You may print out copies of the Content for private and individual use only, but You may not remove any copyright, trademark or other proprietary notices forming any part of the Content.

You are solely responsible for the use of the Content and agree to fully indemnify MGRC against any claims, demands or damages arising out of Your use or misuse thereof.

You accept represent and warrant that Your use of the Portal and the Content or any part thereof is consistent with the foregoing and will not infringe, breach or violate the legal rights of any other party.

In addition to the above, You also agree to comply with any other applicable laws relating to the Content and Your use thereof in Your jurisdiction.

Intellectual Property & Proprietary Rights

MGRC retains sole and exclusive ownership of the MGRC Content, including all intellectual property and proprietary rights, title and interests subsisting therein.

You agree not to remove any copyright, trademark, or other proprietary notices forming part of the Content or exploit any part thereof without the express permission from MGRC in respect of the MGRC Content and the relevant third party in respect of the Third Party Content.

All components of the MGRC Content and Third Party Content is proprietary to MGRC or to the said third parties as the case may be and except as expressly permitted above, You may not use, redistribute, sell, decompile, reverse engineer, diassemble, translate or otherwise deal with the Content.

Third Party Content

MGRC does not control or endorse the Third Party Content.

As such, MGRC shall not be responsible for the accuracy, completeness, legality, legitimacy or any other aspect of the files, data and information forming part of Third Party Content and MGRC is not in a position to ensure that You will be satisfied with the same or that it will meet Your specific requirements.

You are solely responsible for the use of Third Party Content and agree to fully indemnify MGRC against any claims, demands or damages arising out of Your use or misuse thereof.

Disclaimer of Warranty & Limitation of Liability

MGRC makes no warranties of any kind regarding the Content. Specifically, MGRC does not warrant that the Content is free from faults or defects.

The Content is provided "as-is" without warranty of any kind, either express or implied, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose or non-infringement, to the fullest extent permitted by law. The entire risk arising out of use of the Content is borne by You.

While MGRC uses all reasonable best efforts to provide the Services, You hereby acknowledge that some functions of the Portal may not perform as expected or at all. MGRC does not warrant or guarantee that the functions performed by will be uninterrupted, timely, secure, or error-free or that any information, data, computer program and/or other Content available at the Portal will be free of any viruses, worms, trojan horses or any other destructive properties, and will not contain any objectionable materials or materials deemed objectionable by some individuals.

Accordingly, in no event will MGRC be liable for any indirect, special, punitive, incidental or consequential damages (including, but not limited to, damages for loss of business profits, business interruption and loss of data/information), or any other damages arising out of the unavailability, use, reliance on, inability to utilise or improper use of the Content, even if advised of the possibility thereof and regardless of the form of action, whether in contract, tort, or otherwise.

Miscellaneous

(a) This Agreement shall be governed by and construed in accordance with the laws of Malaysia and You agree to submit to the exclusive jurisdiction of the courts of Malaysia. By Your use of this site and acceptance of the Terms & Conditions, expressly agree to waive any objection as to choice of law or forum on any legal or factual grounds whatsoever. All disputes arising out of or in connection with these Terms & Conditions may at the option of MGRC be referred to arbitration in lieu of the above, in which case the choice of law shall be Malaysian law, to be conducted in the English language at the KL Regional Centre for Arbitration.

(b) You may not assign or otherwise transfer by operation of law or otherwise any rights or obligations herein under these Terms & Conditions.

(c) If any provision herein is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these terms of use, and the remainder of these terms of use shall continue in full force and effect.

(d) MGRC may provide you with notices, including those regarding changes to these Terms & Conditions, by e-mail, regular mail or postings at www.mgrc.com.my.

If You do not accept any or all of these Terms & Conditions, please discontinue Your use of the Portal immediately.