Updated as at 5 th of January 2018
Welcome to WebTVAsia.com,
By accessing, visiting or using this Site or attempting such visit or use, you agree to be bound by the Terms and Notices, which may be posted by us on this Site from time to time. If you do not agree with the Terms and Notices, you may not access or use this Site.
These Terms and Notices regarding your use of this Site constitute a legally binding agreement between you, on the one hand, and us, on the other hand.
WebTVAsia may amend the Terms and Notices at any time without notice. All such Notices are
incorporated by reference into the Terms. You are responsible for reviewing WebTVAsia's Terms
and Notices posted on this Site. Amendments will be effective upon WebTVAsia posting such
updated Terms and Notices on this Site. If you do not agree with any of the amendments made, you
should discontinue use of the Site. If you continue using the Site after the amendments to the
terms have been made, you shall be deemed to have accepted such terms and have agreed to be
bound by them.
DEFINITION AND INTERPRETATION
“You” shall mean any user of this Site and “your” shall be interpreted accordingly.
“Site” shall mean this Site and any other micro sites as made available to you by WebTVAsia from time to time.
“WebTVAsia” shall mean WebTVAsia Sdn. Bhd., including any person or entity controlling, controlled by, or under common control with WebTVAsia Sdn. Bhd.
You must be at least eighteen (18) years of age or older (“Site Minimum Age”) to use this Site.
Your username and password are personal to you and you may not allow any other person to use your username and password under any circumstances. To the fullest extent permitted by law, we shall not be liable for any harm caused or related to the theft or misappropriation of your username and password, disclosure of your username and password or your authorisation of any other person to use your username or password.
You shall notify us immediately should you become aware of or believe that there may have been any unauthorised usage or activity using your username and/or password or any other need to deactivate your username or password due to security concerns.
You agree, warrant, confirm and represent:
- that the information you provide are true, accurate, current and complete. If any information you provide is untrue, inaccurate, not current or incomplete, or if we in our sole opinion should decide that such information is untrue, inaccurate, not current or incomplete, we shall have the right to refuse any and all current or future use of this Site;
- that you are of sufficient legal age and have legal capacity to use this Site;
- to use this Site only for lawful purposes and in accordance with the Terms and Notices;
- to notify us immediately of any unauthorised use or any other breach of security; and
- to use this Site in accordance with applicable laws and regulations, including but not limited to laws and regulations in relation to on-line communication.
You shall not:
- use this Site in any manner that could damage, disable, overburden, or impair this Site or interfere with any other party's use and enjoyment of this Site;
- attempt to gain unauthorized access to this Site, computer systems or networks connected to this Site, through hacking, password mining or any other means;
- obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site;
- post or transmit through this Site any contents which:
- are defamatory, damaging, disruptive, unlawful, inappropriate, offensive, harmful, obscene, threatening, excessively violent, pornographic or otherwise illegal;
- incite, encourage or threaten immediate physical harm against another, including but not limited to contents which promote racism, bigotry, sexism, religious intolerance against any individual or group;
- violate or infringe in any way upon our rights or those of others;
- contain advertisements or solicit any person to buy or sell products or services;
- constitute, contain, install or attempt to install or promote spyware, malware, or other computer code.
- broadcast, copy, download, frame, reproduce, republish, transmit in any manner whatsoever, any material on this Site except as is strictly necessary for your own personal, non-commercial use; and
- do anything that affects the operability or security of this Site or causes unreasonable inconvenience or offence or disruption to our staff.
YOUR INTERACTION WITH OTHER USERS
You expressly agree that you are solely responsible for your interactions with other users of this Site, including in all postings made by you or made under your name, username or email address. Please note that there may be risks, including but not limited to, the risk of physical harm, which may arise when dealing with strangers, including persons who may be acting under false pretences.
WebTVAsia does not represent or guarantee the truthfulness, accuracy or reliability of any user postings nor do we endorse or support any opinions expressed in any such postings. However, WebTVAsia reserves the right to review monitor, edit and/or screen any and all postings in order to prevent unauthorised content from appearing or being displayed on our Site.
Therefore, you are encouraged and advised to select carefully the information which you decide to post on the Site and which you give to other users of the Site. Information posted to the Site app by other users of the Site may be offensive, harmful, inaccurate or otherwise misleading, mislabelled or deceptively labelled. By using the Site, you assume all risks associated with dealing with other users with whom you come in contact with through the Site. We trust that you shall use caution and common sense when using the Site.
WebTVAsia reserves the right to terminate this Site at any time without notice and for any reason.
WebTVAsia may suspend or terminate your access to this Site without notice and in its sole discretion if:
- you violate the Terms or any Notice posted from time to time on this Site, any applicable law, rule or regulation;
- you violate any law, regulation, or governmental action renders all or any portion of this Site unlawful or impracticable;
- your use of this Site impairs or threatens to impair the integrity or functionality of the WebTVAsia in any manner;
You agree that WebTVAsia shall not be liable to you or any third-party for any termination of the site and/or your access to this Site.
DISCLAIMER & LIMITATION OF LIABILITY.
WebTVAsia provides this Site on an “as is,” where is” and “as available” basis.
WebTVAsia makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of this Site, and that this Site will be uninterrupted or error-free.
All use of this Site is at your own risk and you are solely responsible for all damages resulting there from.
To the maximum extent permitted by applicable law, WebTVAsia disclaims all representations and warranties of any kind, express or implied.
To the maximum extent permitted by applicable law, WebTVAsia shall not be liable for any direct, indirect, incidental, special, exemplary, punitive or consequential damages, including damages for loss of profits, loss of data, personal injuries, or property damages related to, in connection with, that result from the use of or the inability to use this Site any changes to this Site and unauthorized access to or alteration of your transmissions or data, any communication, transmission, material or data sent or received or not sent or received, or any transactions entered into through this Site or arising in connection with the fraudulent or unlawful acts of any third party.
If you are dissatisfied with this Site or app, the materials or contents available on this Website or with the provisions of the Terms and Notices, you agree that your sole and exclusive remedy is to discontinue usage of this Website.
You agree to indemnify, defend and hold WebTVAsia, its officers, directors, employees, agents, shareholders, licensors, suppliers and any third-party information providers to this Site harmless from and against all losses, expenses, damages and costs, including attorneys' fees, resulting from any violation by you of the Terms and Notices or asserted by any third party due to or arising out of your use of or conduct on this Site.
The provisions of this paragraph are for the benefit of WebTVAsia and its officers, directors, employees, agents, shareholders, licensors and suppliers to this Site. Each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
THIRD PARTY SITES
Any dealings with third parties (including advertisers) over the Linked Websites are solely between you and such third party. You agree that WebTVAsia shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such website or resource. WebTVAsia has no responsibility or liability for any merchant or your relationship with such merchant.
DISCLOSURE AND CONFIDENTIALITY
- This Site, all images, text, graphics, logos, sound, videos programs and any other material (“Content”) made available on this Site are owned by or licensed to us and are subject to copyright and other intellectual property rights under applicable laws. This Site and the Content are for your information and personal use only and not for commercial exploitation. Any reproduction or redistribution of Content found on this Site not in accordance with the Terms herein is expressly prohibited by law, and may result in severe civil and criminal penalties.
- If you download or print a copy of the Content for your personal use, you shall retain all trademark, copyright and other proprietary mark contained in and to the Content.
GRANT OF LICENSE AND RESTRICTIONS.
You acknowledge and agree that this Site contain proprietary and confidential information that is protected by applicable intellectual property and other laws. WebTVAsia reserves all rights in the ownership and proprietary rights.
GRANT OF LICENCE TO US FOR CONTRIBUTIONS
We require a license from you so that we can use your contributions on the Site or the app or elsewhere. By making a contribution to the Site or the app (including where such contributions are made pursuant to your participations in any contest, lucky draw or other service provided by us), you agree to grant to us a perpetual, royalty-free, sublicensable and worldwide license to use, modify, publicly display, creative derivative works from, reproduce and distribute your contribution in connection with the Site or any contest or service connected thereto in any media formats and through any media channels now known or hereafter devised.
WebTVAsia reserves all rights in its corporate names, service marks, logos, trade names, trademarks, websites and domain names (collectively “Marks”) and nothing in the Terms grants you the license to use such Marks.
We respect the intellectual property rights of our users and others. If you are a copyright holder who believes that any of the Content violates your copyrights, please follow the guidelines and procedures below to provide us with appropriate notice containing the following information:
- your legal name, mailing address, telephone number and e-mail address;
- a description of the copyrighted work that you claim has been infringed, and the name of the owner of the copyrighted work;
- a description of where on the Site the material that you claim is infringing the copyright may be found, sufficient for us to locate the material;
- a statement that you have a good faith belief that the use of the copyrighted work is not authorised by the copyright owner, its agent or the law;
- a statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner’s behalf;
- your electronic or physical signature.
We will respond to clear and valid notices of alleged infringement by removing or disabling access to the allegedly infringing Content from the Site upon receipt of an appropriate notice. All notices must be provided to us via our e-mail [email@example.com]. We do not accept notices submitted by telephone.
These Terms and Notices are governed by the laws of Malaysia, without reference to conflict of laws principles. In relation to any legal action or proceedings between you and WebTVAsia arising out of or in connection with these Terms and Conditions, you irrevocably submit to the exclusive jurisdiction of the courts located in Malaysia and you expressly waive all defences to jurisdiction. You agree that this Site shall, for the purpose of determining jurisdiction and applicable law, be deemed to have originated and been provided by WebTVAsia in and from Malaysia.
These Terms and Notices are in substitution for and supersede all previous agreements (whether in writing or verbal) between you and WebTVAsia and contain the entire understanding between the parties with respect to this Site. No advice or information, whether oral or written, obtained by you from this Site (whether before or after the date you accept the Terms and Notices) shall create any obligation or warranty on the part of WebTVAsia. You may also be subject to additional terms and conditions that may apply when you use any services offered by the WebTVAsia, third-party content or third-party software. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of the Terms and Notices.
WebTVAsia’s performance of the Terms and Notices is subject to existing laws and legal process, and nothing contained in the Terms and Notices is in derogation of WebTVAsia’s rights and obligation to comply with governmental, court and law enforcement requests or requirements relating to your use of this Site and/or app or information provided to or gathered by WebTVAsia with respect to such use.
Any term, condition or provision in these Terms and Notices which is illegal, void, prohibited or unenforceable shall be ineffective to the extent of such illegality, voidness, prohibition or unenforceability without invalidating the remaining provisions of these Terms and Notices, and any such illegality, voidness, prohibition or unenforceability shall not invalidate or render illegal, void or unenforceable any other term, condition or provision contained in these Terms and Notices.
If any provision(s) of the Terms and Notices is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.
No provision of these Terms and Notices shall be construed adversely against a Party solely on the ground that the Party was responsible for the drafting and preparation of these Terms and Conditions or that provision.
No delay or failure by WebTVAsia to exercise or enforce at any time any right or provision of these Terms and Notices shall be considered a waiver, unless acknowledged and agreed to by WebTVAsia in writing. The single or partial exercise by WebTVAsia of any right, power or remedy provided at law or under this Agreement shall not preclude any other or further exercise thereof or the exercise of any other right, power or remedy.
You may not assert any claim against WebTVAsia in connection with this Site unless you have given WebTVAsia written notice of the claim within fourteen (14) days from the time when you have come to know or should have known of the facts giving rise to such claim. You agree that any cause of action arising out of or related to this Site or app must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
WebTVAsia may assign its rights and duties under these Terms and Notices to any party at any time without notice to you and the Terms and Notices shall be binding upon and inure to the benefit of each party's respective permitted successors and assignees.
Should you have any questions concerning these Terms and Notices, or if you desire to contact WebTVAsia for any reason, please contact us at 03-7972 9977, from 10.00 am to 6.00 pm, Monday to Friday, or you can e-mail WebTVAsia at [firstname.lastname@example.org].