DEFINITION AND INTERPRETATION
Unless the context otherwise requires, the following words shall have the following meanings assigned to it:
means a day (excluding Saturdays, Sundays and public holidays) on which banks are open in Kuala Lumpur for the transaction of normal banking business;
means AT NETWORK SDN. BHD. (Company No. 1336316-V), being the owner and operator of the Online Platforms;
means the website with address of beyondtvmall.com and mobile application under the similar name as well as any subdomain thereof operated by the Owner;
means any person who browses, visits, access and/or uses the Online Platforms, whether active, semi-active or inactive user and "Users" means any two or more of them;
Any reference to a statutory provision shall include such provision and any regulations made in pursuance thereof as from time to time modified, amended, replaced or re-enacted whether before, on or after the date of these Terms. Any reference to any "law" shall include common law applicable in Malaysia and the provisions of statutes, regulations, orders and other subsidiary legislation issued pursuant to such statute, as well as directions, guidelines and circulars issued by any regulatory authority pursuant to any authority granted by any such statute.
Unless the context otherwise requires or permits, references to the singular number shall include references to the plural and vice versa, references to a particular gender shall include all genders, and references to natural persons shall include bodies corporate and vice versa.
Any reference to a "day", "week", "month" or "year" is to that day, week, month or year in accordance with the Gregorian calendar.
The expression "Owner" and "User" shall, where the context permits, include their respective successors, personal representatives and permitted assigns.
Any reference to "writing", or cognate expressions, includes any communication effected via the Online Platforms, electronic mail, telex, cable, facsimile transmission or other comparable means but shall not include short messaging services, instant messaging services or internet chat.
Any reference to "person" includes individual, partnership, association, company or corporation.
If any period of time is specified from a given day, or the day of a given act or event, it is to be calculated exclusive of that day and if any period of time falls on a day which is not a Business Day, then that period is to be deemed to only expire on the next Business Day.
Our charges for the Online Platformsservices are due payable upon your confirmation on engagement of our services through the Online Platforms and renewable annually at the then current rate (as the case may be).
Any payment by you for our charges is NON-REFUNDABLE, irrespective of whether you use the Online Platforms services or otherwise, during the tenor of service ordered by you.
means any person who browses, visits, access and/or uses the Online Platforms, whether active, semi-active or inactive user and "Users" means any two or more of them;
2.1 This Online Platforms is intended solely for Users:
use the Online Platforms in any manner that could damage, disable, overburden, or impair the Online Platforms, or interfere with any other party's use and enjoyment of the Online Platforms;
attempt to gain unauthorized access to the Online Platforms, or the computer systems or networks connected to the Online Platforms through hacking, password mining or any other means;
create user accounts by automated means or under false or fraudulent pretences;
transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature to or through the Online Platforms;
defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
upload, post, email or transmit, or otherwise make available through the Online Platforms any inappropriate, defamatory, infringing, obscene, or unlawful content;
upload, post, email or transmit, or otherwise make available through the Online Platforms any content that infringes any patent, trademark, copyright, trade secret or other intellectual or proprietary right of any person, unless the User is the owner of such rights or have the permission of the owner to post such content;
run any form of autoresponder or "spam" on the Online Platforms;
use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Online Platforms, including to engage in the practices of "screen scraping", "database scraping" or any other activity with the purpose of obtaining content or other information;
interfere or attempt to interfere with the proper working of the Online Platforms or any activities conducted on the Online Platforms, including to utilize framing techniques to enclose any content or other proprietary information, place pop-up windows over the Online Platform's pages, or otherwise affect the display of the Online Platform's pages;
download any file posted by another User that the User knows, or reasonably should know, cannot be legally distributed in such manner;
impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of any materials;
remove any copyright, trademark or other proprietary rights notices contained in or on the Online Platforms;
use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Online Platforms or collect information about its Users for any unauthorized purpose;
submit content that falsely expresses or implies that such content is sponsored or endorsed by the Owner, any of its affiliates or any third parties;
use the Online Platforms for any illegal or unauthorized purpose (including, without limitation, in violation of any Malaysian securities or laws or regulations, any anti-money laundering laws, or self-regulatory organization's rules or regulations, or equivalent laws or regulations in foreign jurisdictions);
promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual; and
share or disclose with anyone any information about another individual, including another person's address, phone number, e-mail address, credit card number or any information obtained from the Online Platformsthat may be used to track, contact or impersonate that individual.
ONLINE PLATFORMS CONTENT
4.1 All content on the Online Platforms, including but not limited to designs, text, graphics, pictures, video, information, software, music, sound and other files, and their selection and arrangement ("Online Platforms Content"), are the proprietary property of the Owner with all rights reserved. No Online Platforms Content may be modified, copied, distributed, framed, reproduced,republished, downloaded, displayed, posted, transmitted or sold in any form or by any means, in whole or in part, without the Owner's prior written permission, except that, if the User is eligible for the use of the Online Platforms, the User is granted a limited, non-exclusive, non-transferable and revocable license to access and use the Online Platforms and to download or print a copy of any portion of the Online Platforms Content solely for the User's personal use provided that the User shall keep such portions confidential and all copyright or other proprietary notices intact.
4.2 The User shall not republish the Online Platforms Content on any internet, intranet or extranet site or incorporate the information in any other database or compilation, and any other use of the Online Platforms Content is strictly prohibited. Any use of the Online Platforms or the Online Platforms Content other than as specifically authorized herein, without the prior written permission of the Owner, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. This license is revocable by us at any time without notice and with or without cause.
5.2 By posting User Content to any part of the Online Platforms, the User automatically grants and the User represents and warrants that the User have the right to grant to the Owner an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose on or in connection with the Online Platforms or the promotion thereof, to prepare derivative works of or incorporate into other works such User Content and to grant and authorize sublicenses of the foregoing. The User may remove the User's User Content from the Online Platforms at any time. If the User chooses to remove the User's User Content, the license granted above shall continue to exist and shall not expire.
5.3 The User may view personal information posted by other Users on the Online Platforms but the User are not authorized to disclose or otherwise use such information for any purpose other than assessing the credit/trustworthiness of such other Users.
CONFIDENTIALITY OF INFORMATION
6.1 If the User receives or otherwise obtains information from the Owner, the Online Platforms or other Users with respect to any activity on the Online Platforms, the User shall not further disclose or otherwise provide such information to any other party in any manner that allows a personal identification of such transaction or any specific information with respect thereto.
6.2 By using and accessing the Online Platforms, the User is entrusted with and shall keep confidential any information the User receives or otherwise obtains from the Online Platforms, including but not limited to any information with respect to any activity on the Online Platforms and the User agrees to keep all confidential information the User learned about from the Online Platforms private and confidential.
6.3 The User acknowledges that the Owner makes no representation or warranty, express or implied, as to the accuracy or completeness of the information provided on the Online Platforms. The User agrees that the Owner shall not have any liability to the User relating to or resulting from the use of such information. In furtherance of the foregoing, the User hereby releases the Owner from any and all liabilities to the User regardless of when such liabilities may arise.
6.4 The User shall be responsible for any losses caused to the Owner and any other Users by any use of the User's account or violations of these confidentiality terms, both unauthorized and authorized. The User acknowledges and agrees that to access certain Online Platforms Content on the Online Platforms, the User may be required to register with the Online Platforms and agree to keep such information confidential. The User agrees that the Owner, at its sole discretion and to the extent permitted by law, may access, read, preserve and disclose the User's account information, usage history and submitted User Content in order to:
7.1 The Owner may be contacted at the following contact details:
AT NETWORK SDN. BHD.
No. 5-2-2, Jalan 6/40
Taman Pusat Kepong
52100 Kepong, Wilayah Persekutuan Kuala Lumpur
or by email to [email protected]
CONSENT TO ELECTRONIC TRANSACTIONS AND DISCLOSURES
8.1 Because the Owner operates largely on the Internet, the User shall consent to transact business with the Owner online and electronically.
8.2 The Owner or its affiliate (or a third-party servicer or escrow provider that the Owner may retain) may receive payments and makes all disbursements, through certified check, online transfer or electronic funds transfers using the bank (or other financial institution) account information provided by the User. The User agrees to provide the Owner updated information regarding the User's bank or other account upon the Owner's request and at any time that the information earlier provided is no longer valid.
8.4 The User's consent to receive Disclosures and transact business electronically and our agreement to do so apply to any transaction to which such Disclosures relate. The User's consent will remain in effect for so long as the User is a User and if the User is no longer a User, will continue until such a time as all Disclosures relevant to transactions that occurred while the User was a User have been made.
8.5 The User also expressly consents to receiving calls and messages, including auto-dialled and pre-recorded message calls and SMS messages (including text messages) from the Owner, its affiliates,marketing partners, agents and others calling at their request or on their behalf at any telephone numbers that the User has provided or may provide in the future.
9.1 The User is solely responsible for the User's interactions with other Users. The Owner reserves the right but has no obligation to monitor disputes between the User and other Users.
In the event any dispute or difference shall arise amongst the Owner and the User and/or between the Users as to the construction of these Terms or as to any matter or thing of whatsoever nature arising thereunder or in connection therewith, including any question regarding its existence, validity or termination, such dispute or difference shall be submitted to a single arbitrator to be appointed by the parties in dispute or, failing agreement within fourteen (14) days after either party in dispute has given to the other party in dispute a written request to concur in the appointment of an arbitrator, a single arbitrator to be appointed by the Chairman for the time being of the Asian International Arbitration Centre ("AIAC") and such submission shall be a submission to arbitration in accordance with the Rules of the AIAC as presently in force by which the Parties in dispute agree to be so bound. The place of arbitration shall be Malaysia and the arbitration shall be conducted wholly in the English language.
11.2 Without prejudice to the generality of the foregoing provision, force majeure shall include but not limited to the following:
act of God, including but not limited to fires, explosions, earthquakes, drought, tidal waves and floods, or accident;
war, threat of war, act of terrorism or threat of terrorism, sabotage, insurrection, civil disturbance or requisition;
restrictions imposed by any law, regulations, by-laws, prohibitions or measures of any kind on the part of any government, parliamentary or local authority;
interruption of traffic, strikes, lock-outs, or other industrial actions or trade disputes (whether involving the employees of the Owner or third party);
breakdown of internet services for any reason whatsoever, save for the wilful misconduct of the Owner;
other unforeseeable circumstances beyond the control of the Owner against which it would have been unreasonable for the Owner to take precautions and which the Owner cannot avoid even by using its best efforts.
CONFLICTS OF INTEREST
12.1 The Owner shall use its best endeavours to ensure that its interests do not conflict with the interests of the Users. In the event a conflict of interest arises, the Owner shall promptly disclose such conflict to the Users, and parties shall engage in good faith discussions to resolve such matters.
13.1 The Users hereby acknowledge and agree that the Owner shall not, at any time, be liable to the Users in the event of any losses or damages (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs and all other professional costs and expenses) suffered by the Users as a result of using the Online Platforms for any of the Purposes.
14.1 In the event the User has any complaints with respect to any aspect of the Online Platforms, the User may report it to the Owner at the contact details provided in Clause 7, and the Owners shall respond to the complaints within seven (7) Business Days upon receipt of the complaints. The Owner reserves the right at its discretion to carry any investigation in accordance with its internal policies and procedures.
14.2 The User shall provide any information or documents upon request by the Owner in order to assist the Owner in respect of its investigation in Clause 14.1.
15.1 The Owner does not guarantee the accuracy of any User Content or content provided by third parties ("Third Party Content").
15.2 Although the Owner provides rules for Users’ conduct and postings, the Owner does not control and is not responsible for what other Users post on the Online Platforms and is not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content the User may encounter on the Online Platforms or in connection with any User Content or Third Party Content. The Owner is not responsible for the conduct, whether online or offline, of any User of the Online Platforms.
15.3 The Owner shall not be responsible or liable for the content or accuracy of any information or material downloaded or posted by the Users nor shall the Owner be obliged to edit the content downloaded or posted on the Online Platforms, however the Owner shall retain the right to remove any material or posting made on the Online Platforms at its absolute discretion.
15.4 The Owner cannot guarantee and do not promise any specific results from the use of the Online Platforms.
15.5 The Owner does not warrant the use of and access to the Online Platforms will be uninterrupted, error free or free of computer viruses or computer bugs or that defects will be corrected, or give any warranty as to their functionality, accuracy or reliability. The Online Platforms may be temporarily unavailable from time to time for maintenance or other reasons. The Owner assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communications. The Owner is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or on the Online Platforms or combination thereof, including injury or damage to Users or to any other person's computer related to or resulting from participating or downloading materials in connection with the Internet and/or in connection with the Online Platforms or Service.
15.6 Under no circumstances shall the Owner be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of the Online Platforms, any User Content or Third Party Content posted on or through the Online Platforms or transmitted to Users, or any interactions between Users of the Online Platforms, whether online or offline. No part of this Online Platforms is intended to constitute advice and any User Content or Third-Party Content should not be relied solely upon when making any decisions or taking any action of any kind.
15.7 The Owner reserves the right to change any and all content contained in the Online Platforms and any services offered through the Online Platforms at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by the Owner.
17.1 Nothing herein shall be construed to create a partnership, joint venture, agency or employment relationship between the parties hereto. No party has authority to enter into agreements of any kind on behalf of the other party.
17.2 No failure on the part of any party hereto to exercise and no delay on the part of any party in exercising any right hereunder will operate as a release or waiver thereof, nor will any single or partial exercise of any right under these Terms preclude any other or further exercise of it.
17.3 No remedy conferred by any of the provisions of these Terms is intended to be exclusive of any other remedy which is otherwise available at law, in equity, by statute or otherwise and each and every other remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law, in equity, by statute or otherwise. The election of any one or more of such remedies by any of the parties shall not constitute a waiver by such party of the right to pursue any other available remedies.
17.5 All and any communications between the Owner and the User shall be made through the Online Platforms or mailed, personally delivered, faxed or emailed to the recipient at the current address held in the Owner's record.
17.7 If any provision of these Terms or part thereof is or may become under any written law, or is found by any court or administrative body or competent jurisdiction to be illegal, void, invalid, prohibited or unenforceable then:
such provision or part thereof shall be read down or severed only to the extent of such illegality, voidness, invalidity, prohibition or unenforceability;
the illegality, voidness, invalidity, prohibition or unenforceability of any provision or part thereof in any jurisdiction shall not affect the legality, validity or enforceability of any other provision or of that provision in any other jurisdiction, and the remaining provisions of these Terms shall remain in full force and effect; and
the parties hereto shall use their respective best endeavours to negotiate and agree on a substitute provision which is valid and enforceable and achieves to the greatest extent possible the economic, legal and commercial objectives of such illegal, void, invalid, prohibited or unenforceable term, condition, stipulation, provision, covenant or undertaking.
17.9 These Terms shall be governed by and construed in accordance with the laws of Malaysia.