TERMS AND CONDITIONS
The following terms and conditions constitute an agreement between you and Ampang Astaria JMB (Reg No. MPAJ/ 04/7/04-68/2007) (“Company,” “we” or “our” or “us”).
1.3 If you do not agree to be bound by these Terms and Conditions, please refrain from using the Channels.
2.1 The Services are available only to and shall only be used by individuals who can form legally binding contracts under the law. Without limiting the foregoing, the Services are not available to children (persons under the age of 18). If you are under the age of 18, you can use the Services only in conjunction with and under the supervision of your parents or legal guardians. If you are the parent or legal guardian of a child under the age of 18, you may use the Services on behalf of such child. By using the Services on behalf of such child, you represent and warrant that you are the parent or legal guardian of such child and that all references in these Terms and Conditions to “you” shall refer to such child or such other individual for whom you have authorization to enter into these Terms and Conditions on their behalf and you in your capacity as the parent or legal guardian of such child or as the authorized party of such individual.
2.3 You acknowledge that if you do not register as a member in any of our Channels, your activity in the Channel will be limited.
2.4 Without limiting other remedies, to the maximum extent permitted by law, our Company may at its sole discretion limit your activity, temporarily or indefinitely suspend or terminate your membership and refuse to provide the Services to you if: (a) you breach any Terms and Conditions hereof or any terms incorporated by reference; (b) we are unable to verify or authenticate any information provided to us which we deemed is requisite and necessary; or (c) we believe that your actions may cause financial loss or legal liability to us.
2.5 We shall at our sole discretion change some or all of the Services at any time. In the event the Company introduces a new service, we will notify you during your next access to the Services and it shall be effective on the date expressly stated as the effective launch date of such service.
Terms of Sale or Subscription
3.1 You represent and warrant that (a) any credit information you supply is true and complete; (b) charges incurred by you will be honoured by your credit card company or the financial institution or the online payment platform or e-wallet; and (c) you will pay the charges incurred by you at the posted prices, including any applicable taxes.
Intellectual Property Rights
4.1 You acknowledge and agree that the copyright and other intellectual property rights in the Channels and in all information and materials therein (“Channel Content”) are owned by our Company, its affiliates, suppliers or licensors unless otherwise expressly indicated. The Channel Content is protected by Malaysian and international copyright and trademark laws.
4.2 You agree that you will not do any of the following without our prior written permission:
4.2.1 use our trademarks;
4.2.2 reproduce, copy, modify, merge, adapt, translate, re-publish, frame, upload to a third party, post, transmit, broadcast, communicate to the public or otherwise make the Channel Content available to the public;
4.2.3 transmit or display the Channel Content on any computer, system or network which permits electronic access by more than one user at a time;
4.2.4 use, sell, assign, rent, sub-licence or otherwise deal with the Channel Content except as permitted by these Terms and Conditions;
4.2.5 reverse engineer, decipher, decompile or otherwise disassemble any portion of the Channel Content or use any part of the same to provide or incorporate into, any product of service provided to a third party; or
4.2.6 any other act or omission which infringes the Company’s rights or the rights of the Company’s content suppliers in any way.
4.3 If you are interested in a part of the Channel Content solely for your own personal and non-commercial use, you may save a single copy, print one or download one.
Modification of These Terms and The Channels
5.1 You agree that the Company may at any time, at its sole discretion, modify:
5.1.1 The display, look and feel of the Website;
5.1.2 The Channel Content; or
5.2 Your use of the Channel and the Services following any such change constitutes your agreement to follow and continue to be bound by these Terms and Conditions as revised or changed. For this reason, we strongly recommend that you review these Terms and Conditions whenever you use the Channel prior to your use of the Services.
Third Party Links and Advertising
6.1 The Company provides hyperlinks to third party sites (“Linked Sites“) for convenience only, and the inclusion of the hyperlink does not imply any endorsement of the Linked Site by the Company or our affiliates. In addition, the inclusion of third party advertising on the Channel (whether with or without hyperlinks) is not an endorsement or recommendation of the third party advertiser by the Company or our affiliates.
6.2. You acknowledge and agree that Linked Sites are not under the control of the Company and that we are not liable or responsible for:
6.2.1 any act, omission or negligence of any person who administers or owns any Linked Sites;
6.2.2 the copyright compliance, legality or decency of any Linked Sites;
6.2.3 the accuracy or reliability of any information provided by any Linked Sites;
6.2.4 the privacy policies of the Linked Sites;
6.2.5 any goods or services provided by any person who administers or owns any Linked Sites; or
6.2.6 the performance of any obligation owing to by any person who administers or owns any Linked Sites.
7.1 You agree that when using the Channel, you will not:
7.1.1 use part of the Channel reserved for registered members unless you are registered as a member;
7.1.2 interfere with the usage of the Channel by others;
7.1.3 use the Channel in an illegal manner;
7.1.4 upload, post, email or otherwise transmit any document or information to the Channel that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, seditious, hateful, or racially, sexually, ethnically or otherwise objectionable or vilifying;
7.1.5 upload, post, email or otherwise transmit any document or information to the Channel that infringes any Intellectual Property Rights of any person;
7.1.6 post or transmit any unsolicited advertising or promotional materials;
7.1.7 attempt to gain unauthorized access to any of the Channel, user accounts, computer systems or networks through hacking, password mining or any other means;
7.1.8 upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
7.1.9 interfere with or disrupt the Channel, the server hosting the Channel, or servers or networks connected to the server hosting the Channel.
Representations and Warranties
8.1 You acknowledge and agree that apart from where required by law, the Channel, all Channel Content and the Services are provided “as is” without warranties of any kind, express or implied. The Company, our parent companies, subsidiaries, affiliates, officers, directors, employees and agents specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
8.2 You acknowledge that, apart from where stated to the contrary on the Channels, we have not made any representations or given any warranties:
8.2.1 as to the functionality or content of Services, the Channels;
8.2.2 as to the accuracy, or completeness of any of the Channel Content;
8.2.3 that access to the Channels will be uninterrupted or error free or that the Website or the server which stores and transmits the Channel Content to you are free from viruses;
8.2.4 that any links contained on the Channel shall provide you with any useful information; and
8.2.5 that content provided on the Channel and Services are applicable or appropriate for use in locations outside of Malaysia.
9.1 To the maximum extent permitted by law, neither the Company nor our affiliates nor the officers, directors, employees and agents of the Company or its affiliates will be under any liability to you, in contract, tort or otherwise, in respect of any loss or damage (including consequential loss or damage, loss of profits, economic loss or loss of information) which may be suffered or incurred or which may arise directly or indirectly in respect of:
9.1.1 your use of the Channels;
9.1.2 the accuracy, completeness or usefulness of any Channel Content or information contained in the Channels;
9.1.3 your use of any other websites that the Linked Sites links to;
9.1.4 any goods or services supplied pursuant to these Terms and Conditions; or
9.1.5 failure of the Company to comply with its obligations under these Terms and Conditions.
9.2 If you are dissatisfied with any content on the Channel, or with these Terms and Conditions, your sole and exclusive remedy is to discontinue using the Services. You acknowledge, by your use of the Services, that your use is at your sole risk.
9.3 In the event any applicable law does not allow the exclusion of liability set forth above or any part of this exclusion of liability is found to be invalid or unenforceable for any reason, then to the maximum extent permitted by law, the aggregate liability of the Company under such circumstances for liabilities that otherwise would have been limited shall not exceed the price you paid for the Services via the Channels.
10.1 You agree to indemnify and hold the Company and (as applicable) our parent companies, subsidiaries, affiliates, officers, directors, employees and agents harmless from any claim or demand (including reasonable solicitors’ fees) made by any third party due to or arising out of your breach of these Terms and Conditions or your violation of any law or the rights of any third parties or the use of the Channels.
11.1 These Terms and Conditions shall be construed in accordance with and shall be governed by the laws in force in Malaysia.
11.2 You irrevocably submit to and accept the exclusive jurisdiction of the Courts of Malaysia.
12.1 These Terms and Conditions, including all documents referenced herein, represents the entire understanding between us and any user of the Channels and the Services and shall supersede any other agreements, statements or representations unless otherwise stated. Headings used herein are for reference only and shall not affect the meaning of any terms. Any use of any portion of the Channel is deemed to have accepted these Terms and Conditions.
13.1 If you have any questions or queries, contact us using the following. Email address: [email protected]