Terms of use
The terms that apply when you use the Think Risk International Sdn Bhd website, governed by the laws of Malaysia.
1. About these terms
These terms of use (“Terms”) govern your access to and use of thinkriskinternational.com.my (the “website”). The website is operated by Think Risk International Sdn Bhd (Registration No. 202501024430 (1625843V)), a company incorporated in Malaysia, of Block D, Platinum Sentral, Jalan Stesen Sentral 2, Level 3–5, Kuala Lumpur, 50470 Malaysia (“Think Risk International”, “we”, “us”, “our”).
By using the website you agree to these Terms and to our privacy policy. If you do not agree, please do not use the website. If you use the website on behalf of an organisation, you confirm that you are authorised to accept these Terms for it.
2. Definitions
- “Content” means all text, graphics, images, photographs, logos, layout, code and other material on the website.
- “Engagement” means any consulting, audit, advisory, investigation or training service we provide.
- “Engagement Terms” means the written proposal, engagement letter or contract agreed for an Engagement.
- “You” means the person using the website and, where applicable, the organisation they act for.
3. Information, not professional advice
The Content is general information about our firm, our services and the topics we work on, including internal audit, risk management, ISO management systems, business continuity, anti-bribery compliance (including section 17A of the Malaysian Anti-Corruption Commission Act 2009) and maritime security. It is not legal, audit, accounting, regulatory or other professional advice, and it does not take your organisation’s circumstances into account.
Standards, laws and regulatory guidance change, and Content may not reflect the latest position. Do not act, or refrain from acting, on the basis of the Content without first obtaining advice for your situation. References to certification bodies, standards (such as ISO standards) or regulators do not imply any affiliation with or endorsement by them. We do not issue certificates; accredited certification bodies do.
4. Enquiries and engagements
- Sending an enquiry, booking a consultation or corresponding with us does not create a client relationship or any obligation on you or on us.
- An Engagement starts only when both parties have agreed Engagement Terms in writing. The Engagement Terms then govern that work, and they prevail over these Terms and over anything on the website if there is any inconsistency.
- Descriptions of services, engagement models, timeframes and examples of past work on the website are illustrative. They are not an offer or a quotation. Any fees, scope and deliverables are set only in a written proposal.
- Examples of experience are anonymised and describe past work in general terms. They do not guarantee a particular result.
- We may decline any enquiry, for example where there is a conflict of interest or the work falls outside our expertise.
5. Intellectual property
The website and its Content are owned by us or the Think Risk group, or used under licence, and are protected by the Copyright Act 1987, the Trademarks Act 2019 and other laws of Malaysia and other countries. The names “Think Risk” and “Think Risk International” and our logos are our trade marks or those of the Think Risk group.
You may view the website, and download or print pages, for your own information or for internal use within your organisation, provided you keep any copyright and source notices. You may not, without our prior written permission:
- copy, reproduce, republish, distribute, sell or commercially exploit any Content;
- modify Content or create derivative works from it;
- use our names, logos or trade marks, or suggest that we endorse you or your products; or
- frame the website or present its Content as your own.
Photographs are used under the Unsplash licence and remain the property of their photographers. Fonts are used under the SIL Open Font Licence.
6. Acceptable use
You must use the website lawfully and in a way that does not harm us, the website or other users. In particular, you must not:
- use the website for any unlawful, fraudulent or misleading purpose, or in breach of the Communications and Multimedia Act 1998 or the Computer Crimes Act 1997;
- attempt to gain unauthorised access to the website, its servers or any connected system, or test their vulnerability without our written permission;
- interfere with, disrupt or overload the website, for example through denial-of-service attacks;
- introduce viruses, malware or other harmful code;
- send automated, bulk, unsolicited or false submissions through the enquiry forms, or impersonate another person;
- scrape, harvest or collect data from the website by automated means, except standard search-engine indexing that respects our robots.txt file; or
- use the website to send defamatory, offensive or infringing material.
We may restrict or block access to anyone who breaches these Terms, and report unlawful activity to the authorities.
7. What you send us
When you send us an enquiry or other information, you confirm that it is accurate, that you are entitled to share it, and that sharing it does not breach any duty of confidence or law. You allow us to use it to respond to you and as described in our privacy policy.
Please do not send confidential, commercially sensitive or sensitive personal data through the website. The forms are not designed to receive it, and no duty of confidentiality arises from an unsolicited submission. If an Engagement needs confidential information, we will agree a secure method and confidentiality terms with you first.
8. Third-party links and services
The website may link to, or embed services from, third parties, including the Think Risk group’s websites and Google Maps (loaded only when you click “Show map”). We do not control them and are not responsible for their content, availability, security or privacy practices. A link is not an endorsement. Your use of a third-party service is governed by that provider’s own terms.
You may link to our home page in a way that is fair, lawful and does not damage our reputation. You must not link in a way that suggests an association, approval or endorsement that does not exist.
9. Availability and changes
We aim to keep the website available and accurate, but we do not guarantee that it will always be available, uninterrupted, secure or free of errors. We may change, suspend or withdraw any part of the website or Content at any time without notice, including for maintenance.
10. Disclaimer
To the extent permitted by law, the website and Content are provided “as is” and “as available”. We exclude all warranties, representations and conditions, whether express or implied, including as to accuracy, completeness, fitness for a particular purpose, and freedom from viruses. Nothing in these Terms excludes any guarantee or right that cannot lawfully be excluded.
11. Limitation of liability
To the extent permitted by law, neither we nor the Think Risk group, nor our directors, employees or agents, are liable for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty or otherwise, arising from or in connection with:
- your use of, or inability to use, the website;
- your reliance on any Content;
- any third-party website or service linked from the website; or
- any virus or harmful material affecting your equipment or data through your use of the website.
In particular, we are not liable for any loss of profit, revenue, business, contracts, goodwill or data, or for any indirect or consequential loss.
Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited under the laws of Malaysia. Our liability in connection with an Engagement is governed solely by the Engagement Terms.
12. Indemnity
You agree to compensate us for any loss, damage, cost or expense (including reasonable legal fees) that we incur as a result of your breach of these Terms or your unlawful use of the website.
13. Privacy
Our privacy policy explains how we handle personal data under the Personal Data Protection Act 2010 and, where it applies, the EU and UK GDPR. It forms part of these Terms.
14. Electronic communications
When you contact us through the website or by email, you agree to communicate with us electronically. Under the Electronic Commerce Act 2006, notices and information we send you electronically satisfy any legal requirement for them to be in writing. An email from us replying to an enquiry is not a contract unless it expressly forms part of agreed Engagement Terms.
15. General
- Changes to these Terms: we may update these Terms at any time by publishing a new version on this page. The “Last updated” date shows when they last changed. The version published when you use the website applies.
- Severability: if any provision is held invalid or unenforceable, the rest of these Terms remains in effect.
- No waiver: if we do not enforce a right, or delay enforcing it, we do not waive it.
- Assignment: we may transfer our rights and obligations under these Terms. You may not transfer yours without our written consent.
- Entire agreement: these Terms and the privacy policy are the entire agreement between you and us about your use of the website. They do not affect any Engagement Terms.
- Third parties: only you and we may enforce these Terms. The Think Risk group may rely on the exclusions and limitations in sections 10 and 11.
16. Governing law and disputes
These Terms, and any dispute or claim arising from them or from your use of the website, are governed by the laws of Malaysia. We encourage you to contact us first so we can try to resolve any concern informally. Otherwise, the courts of Malaysia, sitting in Kuala Lumpur, have non-exclusive jurisdiction. If you are a consumer living outside Malaysia, nothing in these Terms removes any mandatory protection you have under the laws of your country of residence.
17. Contact
Think Risk International Sdn Bhd
Block D, Platinum Sentral, Jalan Stesen Sentral 2, Level 3–5, Kuala Lumpur, 50470 Malaysia
Email: [email protected]
Language
These Terms are available in English and Bahasa Malaysia. If the two versions are inconsistent, the English version prevails, to the extent permitted by law.