ASTRO MOBILE WEBSITE TERMS OF USE |
| Last Updated: 27th July 2005 |
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| THESE TERMS OF USE APPLY TO YOUR ACCESS AND USE OF THE ASTRO MOBILE WEBSITES LOCATED AT WWW.ASTROMOBILE.COM.MY, WAP.ASTROMOBILE.COM.MY AND 3G.ASTROMOBILE.COM.MY (HEREINAFTER COLLECTIVELY REFERRED TO AS “THE ASTRO MOBILE SITES”). |
| PERSONAL DATA AND PRIVACY |
| To learn about how Astro collects & protects your personal data, refer to our Privacy Policy http://www.astromobile.com.my\privacypolicy.asp Any non-personal information or material sent to Astro by you will generally NOT be treated as confidential. |
| 1. ACCEPTANCE OF TERMS - GENERAL |
| 1.1 The use of the Astro Mobile Sites is subject to these Terms of Use (“TOU” &). By accessing and using the Astro Mobile Sites you agree to be bound by this TOU. |
| 1.2 You agree that Astro may modify and amend this TOU at any time without notice. By continuing to use the Astro Mobile Sites, you are deemed to have agreed to be bound by any modifications and amendments to this TOU. |
| 1.3 If you are under the age of eighteen (18), you must seek parental and/or guardian approval before downloading any Content from the Astro Mobile Sites. Astro considers it the responsibility of parents and/or guardian to monitor their children(s) use of the Astro Mobile Sites. |
| 1.4 The Content provided on the Astro Mobile Sites are provided by Astro and/or its content providers and includes without limitation messages, files, data, images, photographs, software, ring tones, pictures, logos, video clips, video streaming, live feeds, information on demand content (e.g. information about health, lifestyle, astrology etc) and games (collectively referred to as the “Content”) that you may download or stream to your mobile device or personal computer which is equipped with the necessary functions or applications to support the Content to be downloaded or streamed. We advise you to check with your respective mobile phone operator or Internet service provider on whether your device can support or is compatible to download, view and stream the Content. |
| 1.5 "You" and “your” shall mean any user of the Astro Mobile Sites. “Us”, “We”, “Ours” shall mean any person or entity controlling, controlled by, or under common control with Measat Broadcast Network Systems Sdn Bhd (“Astro”). "Control" means ownership of shares carrying fifty percent (50%) or more of the votes exercisable at a general meeting (or its equivalent) of a company. |
| 2. USE AND SECURITY |
| 2.1 Information on the Astro Mobile Sites may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. Astro may also make improvements and/or changes to the Astro Mobile Sites and to the fees and rates for the Content made available on the Astro Mobile Sites, at any time without notice. |
| 2.2 The Astro Mobile Sites may not be available to all devices which connect to the Internet. You assume all responsibility regarding the end-user equipment and software necessary to access the Astro Mobile Sites and Content and assume all risk associated therewith. |
| 2.3 The Astro Mobile Sites may not be not available to be accessed from all regions and countries of the world. Astro reserves the right, in its sole discretion, to limit or terminate your ability to access the Astro Mobile Sites from certain regions or countries, and you assume all risk associated with the accessibility of the Content, Astro Mobile Sites from any given region or country of the world. |
| 2.4 Astro reserves the right to limit or prohibit your entry into the Astro Mobile Sites in its sole discretion and shall not be liable for such limitation or prohibition. |
| 3. YOUR CONDUCT |
| 3.1 You agree to use the Astro Mobile Sites only for lawful purposes and in accordance with this TOU & Notices. |
| 3.2 The Astro Mobile Sites are provided to you for internal, personal use by you only. You may not allow any other person to: (a) resell, timeshare, sublicense, or otherwise transfer all or any portion of the Astro Mobile Sites to any other party; or (b) make commercial use of the Astro Mobile Sites without the express written consent of Astro. |
| 3.3 You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your usage, including the content of your communication through the Astro Mobile Sites. |
| 3.4 You may not use the Astro Mobile Sites in any manner that could damage, disable, overburden, or impair the Astro Mobile Sites or the network(s) or interfere with any other party's use and enjoyment of the Astro Mobile Sites. You may not attempt to gain unauthorized access to the Astro Mobile Sites, computer systems or networks connected to the Astro Mobile Sites, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Astro Mobile Sites. |
| 3.5 You agree to be responsible for payment of all applicable charges incurred as a result of your use of the Astro Mobile Sites, including but not limited to the use or misuse by an unauthorised third party, or any error, accidental use or loss. |
| 3.6 There is no registration required before you are able to download the Content but where you are prompted to provide personal information and/or any other information before you are able to download a particular Content you agree to provide true, accurate, current and complete information as prompted. |
| 4. TERMINATION/ACCESS RESTRICTION |
| 4.1 In addition to any termination rights Astro may have under this TOU, Astro may suspend or terminate your access to the Astro Mobile Sites without notice and in its sole discretion if: |
| · Astro, at its sole discretion ceases to offer any free, trial, or promotional services, but such termination or suspension shall solely relate to such services; or |
| · Astro suspects fraudulent use ; or |
| · You materially violate this TOU, any applicable law, rule or regulation relating to the use of the Astro Mobile Sites; or |
| · Any law, regulation, or governmental action renders all or any portion of the Astro Mobile Sites unlawful or impracticable; or |
| · Your use of the Astro Mobile Sites impairs or threatens to impair the integrity or functionality of the Astro network in any manner; or |
| · if Astro believes that you have violated or acted inconsistently with the letter or spirit of this TOU. |
| 4.2 You agree that Astro shall not be liable to you or any third-party for any termination of your access to the Astro Mobile Sites. |
| 5. DISCLAIMER & LIMITATION OF LIABILITY. |
| 5.1 Astro makes no warranty that the Astro Mobile Sites will meet your requirement or that the Astro Mobile Sites will be secure, timely, uninterrupted or error free, or that any data, Content, information, software or other material accessible on or through the Astro Mobile Sites are true, accurate, or are free of viruses or other harmful components. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Astro Mobile Sites for the reconstruction of any lost data. All use of the Astro Mobile Sites is at your own risk and you are solely responsible for all damages resulting therefrom. |
| 5.2 The Astro Mobile Sites is provided on an "as is," where is" and "as available" basis, without warranties of any kind, express or implied, including, but not limited to warranties of title, quiet enjoyment, non-infringement or implied warranties of merchantability or fitness for a particular purpose. |
| 5.3 To the maximum extent permitted by applicable law, Astro disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title and non-infringement with respect to the Astro Mobile Sites and transactions performed through the service or on the Internet generally. Astro makes no representations or warranties as to the quality of the call or any connection to or any transmission over the Internet. |
| 5.4 To the fullest extent permitted by applicable law, under no circumstances, including, but not limited to, negligence, shall Astro be liable for any direct, indirect, incidental, special or consequential damages, damages for loss of profits (even if Astro has been advised of the possibility of such damages or even if such damage is foreseeable), that result from the use of or the inability to use the Astro Mobile Sites any changes to the Astro Mobile Sites 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 the Astro Mobile Sites or arising in connection with the fraudulent or unlawful acts of any third party. |
| 5.5 You specifically agree that Astro is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. |
| 5.6 If you are dissatisfied with the Astro Mobile Sites, the materials available on or through the Astro Mobile Sites or with the provisions of this TOU, you agree that your sole and exclusive remedy is to discontinue using Astro Mobile Sites or any of Astro’s other products and services. |
| 5.7 Astro will take reasonable measures to maintain the privacy and security of all private information provided by you to the Astro Mobile Sites, but third parties (such as hackers) may breach or attempt to breach Astro's security measures or may gain unauthorized access to the Astro database or other equipment containing your information. You agree that Astro shall not be liable for damages of any sort, whether arising under contract, tort, or otherwise, with respect to any breach of security of the Astro Website or any other company equipment or user information. |
| 6. INDEMNITY |
| 6.1 You agree to indemnify, defend and hold Astro, its officers, directors, employees, agents, shareholders, licensors, suppliers and any third party information providers to the Astro Mobile Sites harmless from and against all losses, expenses, damages and costs, including attorneys’ fees, resulting from any violation by you of this TOU or asserted by any third party due to or arising out of your use of or conduct on the Astro Mobile Sites. |
| 6.2 The provisions of this paragraph are for the benefit of Astro and its officers, directors, employees, agents, shareholders, licensors and suppliers to the Astro Mobile Sites. Each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf. |
| 7. LINKS TO THIRD PARTY SITES |
| 7.1 The Astro Mobile Sites may contain links to third party Web sites ("Linked Websites") and include advertisements. You agree that Linked Websites and advertisements are necessary for Astro to provide the Content and services. Such links and advertisements are provided to you only as a convenience. Astro shall not be responsible if the Linked Website is not working appropriately. Astro has no control over such websites and resources and shall not be responsible for the contents of any Linked Website or advertisement, including without limitation any link contained in a Linked Website and does not endorse any content, advertising, products, or other materials on or available from such websites or resources. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Websites, and for taking precaution to ensure that whatever you select for your use is free of viruses, worms, Trojan horses and other items of a destructive nature. |
| 7.2 Any dealings with third parties (including advertisers) over the Linked Websites or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser, merchant or other third party. You agree that Astro 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. The purchase of any product or service from a merchant from a Linked Website is a transaction solely between you and that merchant, and any question or dispute you may have regarding any such product or service should be addressed directly to the responsible merchant. Astro has no responsibility or liability for any merchant or your relationship with such merchant. |
| 8. DISCLOSURE AND CONFIDENTIALITY |
| 8.1 Astro reserves the right to disclose any personal information about you or your use of the Astro Mobile Sites and without your prior permission if Astro in good faith, believes that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of Astro or its holding or affiliated company; (3) enforce this TOU; or (4) act to protect the interests of its members or others. |
| 8.2 Any non-personal information or material sent to Astro by you will generally NOT be treated as confidential. |
| 8.3 For further details on use and disclosure of your personal information please see our Privacy Policy http://www.astromobile.com.my\privacypolicy.asp |
| 9. PROPRIETORY RIGHTS COPYRIGHT |
| 9.1 The Astro Mobile Sites and all Content found on the Astro Mobile Sites are protected by trademark, copyright, or other intellectual property laws and international treaties. Any unlawful use of the Astro Mobile Sites and Content found on the Astro Mobile Sites are strictly prohibited, without Astro’s express and prior written consent. You agree that the Content is intended only for your personal viewing and that any reproduction, communication, rental, performance, redistribution or recording in any form or format of the Content or any part thereof whether for commercial reason or otherwise, is strictly prohibited by this TOU and by law, and may result in severe civil and criminal penalties. |
| 9.2 Elements of the Astro Mobile Sites, its design and layout are protected by trade dress and other laws and may not be copied or imitated in whole or in part. |
| 9.3 No logo, graphic, sound or image from the Astro Mobile Sites may be copied or retransmitted unless expressly permitted by Astro. |
| GRANT OF LICENSE AND RESTRICTIONS. |
| 9.4 You acknowledge and agree that the Astro Mobile Sites and any necessary software used in connection with the Astro Mobile Sites ("the Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Astro reserves all rights in the not expressly granted herein, including without limitation ownership and proprietary rights. |
| 9.5 The Software is made available for downloading solely for use by you for your individual, non transferable, non-exclusive and non-commercial use. The Software is made available solely for use by you in accordance with the terms of the end user license agreement (“License Agreement”) which accompanies or is included with the Software. You may not install or use any part of the Software unless you first agree to the License Agreement. |
| TRADEMARKS AND THIRD PARTY MATERIALS. |
| 9.6 Astro reserves all rights in its corporate names, service marks, logos, trade names, trademarks, websites and domain names (collectively "Marks") and nothing in this TOU grants you the license to use such Marks. Additionally, other marks which appear on this site may be marks of third parties that are not affiliated with Astro. Astro do not control or endorse the content of third party websites. |
| 10. CHARGES |
| 10.1 You agree to be subjected to and pay for (i) registration or subscription fees (where applicable), (ii) the charges for the Content that is requested by you and (iii) any charges that Astro may stipulate from time to time (“Charges”). |
| 10.2 You agree that you will be subject to an additional premium charges for the any mobile downloads or streaming services made available on the Astro Mobile Sites. Such charges shall be made known to you on the Astro Mobile Sites. |
| 10.3 The Charges will be in addition to the standard fee charged by your mobile phone operator. |
| 10.4 You will be charged accordingly with the Charges for the download when a request is made even if the download is incomplete. |
| 10.5 You shall be responsible for any telecommunications charges for access to the internet charged to you by your service operator. |
| 10.6 Astro will not be responsible or liable for any problem, loss or damage of whatsoever nature suffered by you due to any delay and/or failure in receiving and sending a SMS, MMS, video clips or video streams as a result of any network, communication or system error, interruption and/or failure experienced by the participating mobile phone operators and/or by Astro and/or resulting from participation or the downloading of any materials from the Astro Mobile Sites. |
| 11. GENERAL |
| 11.1 This TOU is governed by the laws of Malaysia, without reference to conflict of laws principles. Any dispute between you and Astro regarding this TOU will be subject to the exclusive jurisdiction of the courts located in Malaysia and you expressly waive all defenses to jurisdiction. You agree that the Astro Mobile Sites shall, for the purpose of determining jurisdiction and applicable law, be deemed to have originated and been provided by Astro in and from Malaysia. |
| 11.2 This TOU contain the entire understanding between the parties hereto with respect to the Astro Mobile Sites, and supersedes all previous oral or written agreements or understandings between you and Astro, and no advice or information, whether oral or written, obtained by you from this Website (whether before or after the date you accept this TOU) shall create any obligation or warranty on the part of Astro not expressly stated herein. You may also be subject to additional terms and conditions that may apply when you use any services offered by 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 this TOU. |
| 11.3 Astro's performance of this TOU is subject to existing laws and legal process, and nothing contained in this TOU is in derogation of Astro's right and obligation to comply with governmental, court and law enforcement requests or requirements relating to your use of the Astro Mobile Sites or information provided to or gathered by Astro with respect to such use. |
| 11.4 If any provision of this TOU is held invalid, the remainder of this TOU will continue in full force and effect, and If any provision(s) of the TOU 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. This TOU shall not be construed against any party as the principal draftsperson hereof. A printed version of this TOU and of any notice given in electronic form shall be admissible in judicial or administrative proceedings. |
| 11.5 Astro's failure to insist upon or enforce strict performance of any provision of this TOU shall not be construed as a waiver of any provision or right unless acknowledged and agreed to by Astro in writing. |
| 11.6 Notices to you shall not be modified, except by an express modification by Astro as described herein and may be made via either email or regular mail or by displaying notices or links to notices to you generally on the Astro Mobile Sites. |
| 11.7 You may not assert any claim against Astro in connection with the Astro Mobile Sites unless you have given Astro written notice of the claim within fourteen (14) days after you knew 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 the Astro Mobile Sites must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. |
| 11.8 Astro may assign its rights and duties under this TOU to any party at any time without notice to you and this TOU shall be binding upon and inure to the benefit of each party's respective permitted successors and assignees. |
| Should you have any questions concerning this TOU, or if you desire to contact Astro for any reason, please contact our Customer Service Centre at 03-9543 4188, from 8.00 am to 12.00 midnight daily, or you can e-mail Astro at wecare@astro.com.my |