UNOS Terms of Use |
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YOU MUST READ THIS TERMS OF USE CAREFULLY AS THEY IMPOSE OBLIGATIONS ON YOU INCLUDING TERMS WHICH LIMIT YOUR RIGHTS AND EXCLUDE OUR LIABILITY. The Applications (defined below), Website (defined below) and the Service (defined below), owned and operated by UNOS Development Ltd and its Affiliates (defined below), are provided to you, under the following terms and conditions of use (“Terms of Use”). By clicking the “ACCEPT” button, you are indicating your agreement to be bound by all terms and conditions of this Terms of Use. If you do not accept all the terms and conditions of these Terms of Use, do not click on the “ACCEPT” button and you should not use the Website, Application and Service. 1. DEFINITIONS 1.1 In this Terms of Use, unless the context otherwise requires, the following definitions have the following meanings: (a) “Affiliate” means any corporation, company or other entity that directly or indirectly controls, is controlled by, or is under common control with UDL; (b) “Application” means the application made available and distributed by UNOS Group to facilitate communications by using the Service, including without limitation the software and user interface as well as any future programming fixes, updates and upgrades thereof; (c) “Charges” means the fees imposed by the Group on the User for the use of the Service; (d) “Effective Date” means the date on which this Terms of Use is accepted by the User by the act of clicking on the “ACCEPT” button as stated above; (e) “IP Rights” means any and all intellectual property rights, including but not limited to copyrights, trademarks and patents, as well as know how and trade secrets contained in or relating to the Application, Website, Service and Promotional Materials; (f) “Group Staff” means the officers, directors, employees and agents of the Group or its Affiliates, or any other persons employed or hired by the Group; (g) “Online Material” means all material appearing in the Website including without limitation the logos, trademarks, names, signs, banners, and any other materials, in whatever form, owned and/or used by the Group for the promotion of its company, its products and activities; (h) “Password” means a code the User selects, which, in combination with the User ID, gives the User access to the User’s User Account; (i) “Security Deposit” means the refundable deposit, if any, held by the Group as security for the Service; (j) “Service” means the communications services offered and provided by the UNOS Group, to enable the User to establish communication links with external parties through the Group’s network and equipment, including but not limited to, voice telephony, electronic mail (e-mail), SMS, S-MailS, interconnection to Internet-based telephony devices, advanced interactive messaging services, and other applications that may be introduced and provided by the Group from time to time; (k) “S-MailS” means an interactive SMS application developed by the UDL Group offered as part of the Service; (l) “SMS” means short messaging service; (m) “Terms of Service” means the terms and conditions of use of the Application and the Service, as may be amended, modified and/or varied from time to time; (n) “UDL Group” or “Group” refers to UDL and its Affiliates, and is sometimes referred to as “we”, “us” or “our”; (o) “UNOS” means the brand name for services provided by UDL; (p) “UNOS Credit” means amounts credited to the User’s User Account upon the User earning such credit from the use of the Service, including but not limited to, the opening and reading of advertising and promotion messages sent to the User, where where 1 UNOS Credit or part thereof shall be equivalent to 1 unit of the prevailing currency applicable upon creation of the User Account or part thereof or such other amount as may be advised by the Company from time to time and PROVIDED ALWAYS THAT such UNOS Credit is not convertible into or exchangeable for cash and useable only to set off against usage of the Services; (q) “User” means the end user of the UNOS Application and/or the UNOS Service, and is sometimes referred to as “you”, “your” or “customer”; (r) “User Account” means the account with User ID and Password created by the Group and/or by the User for the User’s use of the UNOS Application and UNOS Service; (s) “User ID” means to an identification code the User selected and/or assigned by the Group, which in combination with the Password, gives the User access to the User’s User Account; and (t) “Website” means any and all elements, contents and the ‘look and feel’ of the website available under the URL www.myunos.com among other URLs, from which website the UNOS Application can be downloaded. 2. UNOS WEBSITE Access and Use of Website 2.1 By accessing and using this Website, you agree to be bound by the terms and conditions of use for this Website. UDL reserves the right to revise these terms and conditions at any time by updating this version. Please visit this Website periodically to determine any changes to these terms and conditions. Continued use of this Website following any changes constitutes an acceptance to those changes. If you do not accept any of these terms and conditions (including any changes), please discontinue your access to or use of this Website. Pursuant to this Terms of Use, you are granted a limited licence to access and make personal use of this Website and not to download or modify it, or any portion of it, except with the prior express written consent of UDL. Intellectual Property Rights 2.2 The intellectual property rights in this Website and the content are owned, licensed to or controlled by UDL and/or UDL Group, its licensors or service providers. UDL and UDL Group aggressively enforce its intellectual property rights to the fullest extent of the law. 2.3 No part or parts of this Website or any of its content may be reproduced, distributed, republished, displayed, broadcast, hyperlinked, mirrored, framed, transferred or transmitted in any manner or by any means or stored in an information retrieval system without the prior written permission of UDL or other copyright owners. Permission will only be granted to you to download, print or use the content of the Website for personal, non-commercial uses, provided that you do not modify the content of the website and that you retain all copyright and other proprietary notices contained in the content. Copyright Notice 2.4 This Website and its contents including but not limited to text, images, graphics, logos, button icons are owned or controlled by UDL and the UDL Group and are protected by copyright, trademarks and/or other intellectual property rights and other laws of Malaysia. You may view this Website and its contents using your web browser and save an electronic copy, or print out a copy, of parts of this Website solely for your own information but you may not in any way modify this Website and its contents and its appearance. You must not reproduce, transmit, broadcast, adapt or otherwise deal with in the whole or any part of this Website for any other purpose except as expressly permitted under these Terms of Use. This Website and all of its contents are the exclusive property of UDL and are protected by copyright. All software used on this Website is the property of UDL and the UDL Group or its software suppliers and are protected by copyright. Trademark Notice 2.5 This Website contains registered trademarks and trademarks which are the subject of pending applications or which are otherwise protected by law including without limitation, the word “UNOS”, “UNOS Voice”, “UNOS Pro” and the UNOS, UNOS Voice and UNOS Pro logos. Unless otherwise indicated, they are owned by UDL Group. You may not use such trademarks or the names “UNOS”, UNOS Voice”, “UNOS Pro”, “Enriching Mobile Communications” or any trademarks registered, pending or otherwise belonging to UDL Group, except as expressly permitted under this Agreement or with the specific prior written permission of UDL Group. This Website may contain the trademarks of content suppliers, partners, affiliates and electronic commerce merchants; these trademarks are protected by law, and you may not use these trademarks at all times. Online Materials 2.6 Nothing in this Terms of Use gives the User any right to use or deal with or deal in any manner the Group’s Online Materials found on the Website. Restrictions 2.7 This Terms of Use does not allow you to resell or make commercial use of this Website and/or its contents. You may not copy, reproduce, duplicate, sell, resell, republish, download, post, distribute, disseminate, broadcast, transmitted or otherwise exploit for any commercial purpose this Website and its contents except for your own reference. Any other use requires the prior written permission of UDL. You also agree not to adapt, alter or create a derivative work from this Website or any portion of this Website including without limitation the materials used and displayed on this Website or use them for any other purpose other than for the purpose stated in this Agreement. You agree and undertake NOT to: (a) use any software or material that contains a virus or damaging component which may corrupt this Website’s data or interfere with the operation of this Website; (b) transmit any materials or information through this Website which are or may be offensive, indecent, defamatory or which may not be lawfully disseminated under applicable laws or which you know or have reason to suspect contains any viruses or damaging components which may detrimentally interfere with this Website or the operation of this Website; or (c) use this Website other than in conformance with the acceptable use policies of any connected computer networks and any applicable Internet standards. No Linking 2.8 You may not, without UDL’s prior written permission, insert a hyperlink to the Website (or any part thereof) (other than as provided in the provisions of this Agreement) on any other website or webpage or “mirror” any material contained on the Website on any other server and you may not establish and/or maintain, on any website or webpage, any in-links, frame-links and/or any other type of hyperlinks to the Website or any part thereof (including without limitation any webpages, images, video, audio, graphics, text, code, program and/or any other material on the Website). Password Restricted Area of Website 2.9 Access to and use of password protected and/or secure areas of this Website are restricted to authorised users only. You may not obtain or attempt to obtain unauthorised access to such parts of this Website, or to any other protected information, through any means not intentionally made available by us for your specific use. Hyperlinks 2.10 For your convenience, UDL may include hyperlinks to other websites or content on the Internet that are owned or operated by third parties. Such linked websites or content are not under the control of UDL and UDL is not responsible for the contents of, or the consequences of accessing, any linked website. Any hyperlinks to any other websites or content are not an endorsement or verification of such websites or content and you agree that your access to or use of such linked websites or content is entirely at your own risk. Limits of Responsibility and Liability of UDL 2.11 This Website and its content are provided on an “as is” and “as available” basis. UDL does not warrant the accuracy, adequacy or completeness of this Website or its content, and expressly disclaims any liability for errors, delays or omissions in its content, or for any action taken in reliance on the content. No warranty of any kind, implied, express or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, satisfactory quality or fitness for a particular purpose, is given in conjunction with the content or this Website. 2.12 UDL may, from time to time and without giving any reason or prior notice, upgrade, modify, suspend or discontinue the provision of or remove, whether in whole or in part, this Website or any information, functionalities, services or products provided therein, and shall not be liable if any such upgrade, modification, suspension or removal prevents you from accessing this Website or associated information, functionalities, services or products. 2.13 UDL does not warrant that this Website or any of its content will be provided uninterrupted or free from errors, or that any identified defect will be corrected. Further, no warranty is given that this Website and its content are free from any computer virus or other malicious, destructive or corrupting code, agent, program or macros. 2.14 UDL does not warrant the security of any information transmitted by you or to you through this Website and you accept the risk that any information transmitted or received through this Website may be accessed by unauthorised third parties. Transactions over the Internet may be subject to interruption, transmission blackout, delayed transmission due to internet traffic or incorrect data transmission due to the public nature of the Internet. 2.15 UDL shall not be liable to you for any loss, damages or expenses (including any direct, indirect, incidental, special, consequential or punitive damages or economic loss or any claims for loss of profits or loss of use) whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly in connection with any access, use or inability to use this Website, or reliance on any of the Website’s content, even if UDL Group or its agents or employees may have been advised of, or otherwise might have anticipated, the possibility of the same. 2.16 Information displayed at this Website may be from a variety of sources. All data and/or information contained in this Website is provided for informational purposes only. UDL makes no representations as to the accuracy, timeliness, adequacy or commercial value of all such information and/or data. Delegation 2.17 UDL may delegate the performance of any of its functions in connection with this Website and reserves the right to use any agents on such terms as it deems appropriate. 3. UNOS APPLICATION Use of Application 3.1 In order to use the Service, the User must download and install the Application. To download the Application, the User must register at the Website, where the User shall complete and submit the required information online, which shall be subject to the UDL Group’s acceptance. The UDL Group reserves the right to approve or reject the application by the User. Upon the UDL Group’s acceptance of the User’s application, the User agrees to be bound by the terms and conditions as set out in this Agreement, including any future amendments that may be made by the UDL Group from time to time. Grant of Licence 3.2 Subject to the terms of this Terms of Use, UNOS hereby grants the User a limited, personal, non-commercial, non-exclusive, non-transferable, non-assignable licence to download, install and use the Application on the User’s mobile phone or PDA or PC for the sole purpose of making personal use of the Application and any other applications that may be provided by UDL and its Affiliates from time to time. No Granting of Rights to Third Parties 3.3 The User will not sell, assign, rent, lease, distribute, export, import, act as an intermediary or provider, or otherwise grant rights to third parties with regard to the Application or any part thereof. No Modifications 3.4 The User will not undertake, cause, permit or authorise the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Application or any part thereof. Third Parties Software or Technology 3.5 The User acknowledges and agrees that the Application may be incorporated into, and may incorporate itself onto other software or technology owned and controlled by third parties. Any such third party software or technology that is incorporated in the Application falls under the scope of this Agreement. Any and all other third party software or technology that may be distributed together with the Application will be subject to the User explicitly accepting a licence agreement with that third party. The User acknowledges and agrees that the User is not entering and will not enter into a contractual relationship with UDL or its Affiliates regarding such third party software or technology and the User will look solely to the applicable third party and not to the UDL Group to enforce any of the User’s rights in respect of such third party software or technology. New Versions of the UNOS Application 3.6 The Group, in its sole discretion, reserves the right to add additional features or functions, or to provide programming fixes, updates and upgrades, to the Application at any time. The User acknowledges and agrees that the Group has no obligation to make available to the User any subsequent versions of the Application. The User also agrees that the User may have to enter into a supplementary or revised version of this Agreement, in the event the User wants to download, install or use a new version of the Application. Furthermore, the User acknowledges and agrees that the Group, in its sole discretion, may modify or discontinue or suspend the User’s ability to use any version of the Application, and/or disable any Application the User may already have accessed or installed without any notice to the User, for the repair, improvement, and/or upgrade of the underlying technology or for any other justifiable reason, including but not limited to, circumstances where the User, at the Group’s discretion, is in breach of this Agreement, creating problems, possible legal liabilities, acting inconsistently with the letter or spirit of our policies, or engaging in fraudulent, immoral or illegal activities, or for other similar reasons. The Group will not accept any liability in relation to the direct or indirect damages caused by the following: (a) the release and/or the absence of release of new versions of the Application; and (b) the suspension or termination of the licence or this Agreement by the Group and/or by the User. Distribution of UNOS Application 3.7 The User is not authorised or permitted to distribute the Application in whatsoever manner or form whether under this Agreement or otherwise. All and any distribution of the Application shall be carried out only by UDL and its Affiliates or such other parties as may be duly authorised by UDL and its Affiliates from time to time. Any Other Exceptions 3.8 If the User is interested in doing anything else with the Application other than as permitted expressly under this Agreement, the User will have to obtain the Group’s prior written consent and agree to any further terms, commercial or otherwise as may be imposed by the Group. Exclusive Ownership 3.9 The User acknowledges and agrees that any and all IP Rights to or arising from the Application are and shall remain the exclusive property of the Group and/or its licensors. Nothing in this Agreement intends to transfer any such IP Rights to, or to vest any such IP Rights in the User. The User is only entitled to the limited use of the IP Rights granted to the User in this Agreement. The User will not take any action to jeopardize, limit or interfere with the IP Rights. The User acknowledges and agrees that any unauthorised use of the IP Rights is a violation of this Agreement as well as a violation of intellectual property laws, including without limitation copyright laws and trademark laws. The User acknowledges and understands that all title and IP Rights in and to any third party content that is not contained in the Application, but may be accessed through use of the Application, is the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties. Indemnity 3.10 The User hereby releases and covenants not to hold liable the Group, or any of their licensees, assigns or successors, for any and all damages, liabilities, causes of action, judgments or claims (a) pertaining to any intellectual property the Group develops that is based on, uses, or relates to the Application; and (b) which otherwise may arise in connection with the User’s use of, reliance on, or reference to the Application. As between the User and the Group, the Group and its licensors retain the IP Rights in and to the Application and any derivative works thereto created by or for the Group or its licensors. No Removal of Notices 3.11 The User agrees that the User will not remove, obscure, make illegible or alter any notices or indications of the IP Rights and/or the Group’s rights and ownership thereof, whether such notice or indications are affixed on, contained in or otherwise connected to any materials. No Warranties 3.12 The Group cannot guarantee that the User will always be able to use the Application without disruptions, delays or flaws. The Group will not be liable for any such disruptions, delays or other omissions in any fault experienced by the User when using the Application. No Responsibility of Content 3.13 The User acknowledges and understands that the content of the Application is entirely the responsibility of the person from whom such content originated. The User, therefore, may be exposed to content that is offensive, harmful to minors, indecent or otherwise objectionable. The Group will not be liable for any type of content transmitted by means of the Application. Lawful Purposes 3.14 The User acknowledges and agrees to use the Application solely for lawful purposes. In this respect, the User may not, without limitation (a) damage or modify any existing content contained in the Application, (b) use any type of spider, virus, worm, trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage or disassemble the Application, or (c) expose any other user to material which is offensive, harmful to minors, indecent or otherwise objectionable. 4. UNOS SERVICE Service Commitment 4.1 The Service is not a telecommunications service, and we provide it on a best efforts basis. There are important distinctions between a telecommunications service and the Service. The Service is subject to different regulatory treatment than a telecommunications service. This treatment may limit or otherwise affect your rights of redress before regulatory agencies. Events beyond our control may affect the Service, such as, power outages, fluctuations in the Internet, your underlying Internet service provider or broadband service, or maintenance. We will act in good faith to minimise disruptions to your use of and access to the Service and shall ensure within reasonable means to provide reliable and quality service to the User. Access to the Service 4.2 You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider, carrier or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Service. Privacy Policy 4.3 Your use of the Service is subject to our Privacy Policy, which is set out in http://www.myunos.com/policy.html. Password Confidentiality 4.4 You are required to register and provide personal details in order to download the Application and use the Service, and you are required to enter your password every time you access the User Account. You are responsible for maintaining the confidentiality of your Password and/or User ID and for restricting access to your computer, and you agree to accept responsibility and liabilities for all activities that occur under your password and/or user authentication. You undertake to observe all security measures prescribed by the Group concerning your Password or generally in respect of the access and use of this Website and/or the Service. Should you have any reason to believe that your Password has been misused and/or compromised whether by theft, fraud or otherwise, you shall inform UDL immediately after you becoming aware of the same. 4.5 The Group shall not be liable for any loss or damage which you and/or any third party may suffer as a result of instructions or transactions transmitted via this Website after successful usage of your Password whether or not such usage was authorised by you. 4.6 You shall keep UDL Group fully indemnified against all loss or damage which UDL Group suffers or may suffer in connection whether directly or indirectly to usage of your Password whether by yourself or any third party, authorised or otherwise. 4.7 UDL Group reserves the right to invalidate or suspend your Password at any time without being obliged to offer you any explanation or prior notice. UDL Group shall not be liable for any loss or damage which you may suffer as a result of such invalidation and/or suspension. 4.8 UDL Group reserves the right to discontinue the password accessing system with respect to this Website and/or the Service at any time, without prior notice. UDL Group shall not be liable for any loss or damage which you may suffer as a result of such discontinuation. Email and Email Accounts 4.9 The Service enables you to access your emails from your mobile device. In order to be able to access your emails via your mobile device, you are required to provide us with the email addresses of the email accounts from which you wish to access emails via your mobile device together with the respective username and passwords. These information, namely, the email addresses and the respective username and passwords will be stored by us to enable us to provide you the Service. These information will be subjected to our Privacy Policy and our terms pertaining to confidentiality and protection of your Personal Information. 4.10 The emails that you receive using the Service are relayed from your nominated email accounts to your mobile device. The emails relayed are not stored in our servers nor are they stored by us in any manner whatsoever. Likewise, the messages you send from your mobile device to email addresses are relayed to the destination email addresses and are not stored in our servers or stored by us in any manner whatsoever. The emails that you receive and send using the Service will however be saved in the UNOS Application that is running on your mobile device. 4.11 In the event that you should decide to discontinue using the Service, you are responsible for deleting the information pertaining to your email accounts which you access via your mobile device, particularly the email addresses, usernames and passwords stored with us. This information stored on our servers may and should be deleted by you from your mobile device in the email accounts menu. Deleting the UNOS MIDlet from your mobile device does not ensure that information pertaining to your email accounts, username and password will be deleted from our servers. We shall not be responsible for deleting such information from our servers should you not do so and you agree that the Group shall not be liable for any loss or damage which you and/or any third party may suffer as a result of any usage of your email account(s) and password(s) whether or not such usage was authorised by you and you also agree to keep UDL Group fully indemnified against all loss or damage which UDL Group suffers or may suffer in connection whether directly or indirectly to usage of your email account(s) and password(s) whether by yourself or any third party, authorised or otherwise. SMS & Interactive SMS 4.12 SMS that you receive using the Service are relayed to your mobile device. The SMS relayed are not stored in our servers nor are they stored by us in any manner whatsoever. Likewise, the SMS that you send from your mobile device are relayed to the destination numbers and are not stored in our servers or stored by us in any manner whatsoever. The SMS that you receive and send using the Service will however be saved in the UNOS Application that is running on your mobile device. 4.13 Interactive SMS, including advertising and promotion messages, sent to you, are saved in the A&P folder in the UNOS Application running on your mobile device. These interactive SMS are also saved in our servers and are deleted from our servers periodically. Security of User Account 4.14 User shall take all reasonable precautions to protect the integrity of the User Account. User shall be fully responsible for all unauthorised and unlawful use of the User Account and shall also be liable to pay all charges arising from such use. Should the User suspect that their User Accounts are being used by an unauthorised third party, they must inform the Group of the same immediately. Charges for UNOS Service 4.15 User shall be charged for the use of the UNOS Service in accordance to the rates and service conditions published by the Group from time to time. The charges will be calculated based on our records and/or records supplied to us by other service providers at our prevailing rates or tariffs. Please see Section 5 for billing arrangements and dispute of charges. UNOS Service Rates 4.16 The rates and service conditions in respect of the Service are published on the Website and you are requested to check the Website for changes to the rates and service conditions pertaining to the Service from time to time. The Group reserves the right to change the rates and service conditions at any time without notice. Taxes and Other Charges 4.17 The User shall be liable for any other costs, taxes, duties or levies imposed by law. Lawful Purposes 4.18 The User acknowledges and agrees to use the Service solely for lawful purposes. The User shall at all times comply with any directions given by the Group from time to time as to the manner of using the Service. The posting, transmission, distribution or storage, of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or intellectual property right used without proper authorisation, and material that is offensive, obscene, indecent, defamatory, seditious, false, abusive or hateful, constitutes an illegal threat, or may constitute junk mail, unauthorised advertising or harassment, invades anyone’s privacy, or encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any local, state, national or international law or regulation. We reserve the right to scan or review any material posted or transmitted by you and may delete any of such material and/or deactivate your use of the Service. We further reserve the right to suspend or terminate your right of access to the Service if it is discovered that you have provided us with false or misleading information or violated or attempted to violate any term of these Terms of Use. Liability 4.19 The Service is provided to you on “as is where is” and “as available” basis and you agree and accept that you use the Service and rely on information obtained through using the Service at your own risk. We assume no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications or personalisation settings. UDL Group does not make any warranties including implied warranties of merchantability, fitness for a particular purpose and non-infringement to the fullest extent allowed by law. No advice or information whether oral or written, obtained by you from us or through the Service will create any warranty unless expressly stated in this Agreement. 4.20 UDL and its Affiliates do not guarantee or warrant that the Service will be free from any fault, error or interruption, due to matters beyond our control. We will not be liable for any delay or failure resulting from matters beyond our control. These matters include Acts of God, requirements of any governmental or regulatory authority, war, national emergency, accident, fire, flood, equipment, computer, electrical and power failure, fault, interruption or disruption of our or other service providers’ network or third party websites and/or servers, riot, strikes, lock-out, industrial dispute or epidemics of infectious disease. 4.21 UDL and its Affiliates disclaim and exclude all liabilities from your use of the Service. This applies to other service providers, and their officers, employees, contractors and agents or other persons to whom they are responsible, whether it relates to any act, omission or delay by these parties. 4.22 UDL and its Affiliates shall not be liable for any direct, indirect, special, economic or consequential loss or damage including, without limitation, loss of revenue, profits, goodwill, reputation or otherwise, sustained by reason of or incidental to any failure or delay in or interruption of the Service no matter what the cause may be or however long it may last. 4.23 UDL and its Affiliates are not responsible for and do not endorse any third party services or products, which you access, use or acquire together with the Service. We are also not responsible for any loss or damage caused by such services or products. 4.24 UDL and its Affiliates are not responsible for any materials or information transmitted via the Service which are or may be offensive, indecent, defamatory or which may not be lawfully disseminated under applicable laws. 5. PAYMENT OF CHARGES Pre-paid UNOS Service 5.1 The Service, via sign-up on this Website, is offered on a pre-payment basis. The User is required to access the User’s User Account on the Website and make pre-payment for the use of the Service in accordance with the available modes of payment as set out in the Website, whereupon you may use the Service up to the value of the credit in your User Account. UDL and/or its Affiliates will deduct from your User Account an amount equal to the value of the Service accessed by you from time to time at prevailing call charges/rates as stipulated in the Website. These call charges/rates may be amended by us at our absolute discretion from time to time. You will not be able to use the Service once you have no more credit left in your User Account. In order to continue using the Service, you will be required to top-up your User Account in accordance with the available modes of payment as made available on the Website. Credit Card Payment 5.2 Where the User makes payment for the Charges by way of credit card, the User hereby authorises UDL and/or its Affiliates to release details of the User’s monthly bills for the use of the Service to the acquiring bank for Visa and/or MasterCard (the “Bank”). 5.3 In the event of a rejection by the Bank of the Charges, UDL and/or its Affiliates shall inform the User of the said rejection and the User shall thereafter be liable to make alternative payment arrangements directly to UDL for all the Charges due to UDL. Dispute of Charges 5.4 In the case of dispute in relation to the charges imposed by the Group, User shall immediately notify the Group in writing providing full details of the items in dispute. We will investigate your dispute and provide a written response to you within thirty (30) days from your notice and our decision will be conclusive and binding upon you. If the dispute is resolved in our favour, you need not do anything as the charges have been deducted from your User Account. However, if the dispute is resolved in your favour, we will credit your User Account with an amount equivalent to the difference between our charges and the actual resolved charges Other Methods of Payment 5.4 UDL reserves the right from time to time to require the User to settle any of the charges by other methods of payment. 6. ADVERTISING AND PROMOTIONS Advertising and Promotional Messages 6.1 You understand and agree that the Service may include advertisements and that these advertisements are necessary for us to provide the Service. You also understand and agree that the Service may include certain communications from us, such as service announcements, administrative messages, and communications from third parties, such as advertising and promotional communications and messages from our partners or other advertisers, and that these communications are considered part of the use of the Service. However, you have the option of not receiving these advertising and promotional messages by paying a nominal monthly fee as set out in our Website. Please refer to our Website for more details. UNOS Credits 6.2 By opening and reading advertising and promotional messages from advertisers and UNOS partners, you may earn UNOS Credits. UNOS Credit earned may vary from advertiser to advertiser. UNOS Credits earned will be credited to the User’s User Account. UNOS Credits standing in the User’s User Account will be denominated in the currency prevailing at the time the User Account was created. UNOS Credits is not cash and therefore cannot be converted into cash or exchanged for cash. UNOS Credits may only be used to be set off against your usage of the Service. Dealings With Advertisers 6.3 Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that UDL and its Affiliates shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service. 7. TERMINATION OF SERVICE Termination by UDL 7.1 UDL and/or its Affiliates may at any time at its own absolute discretion terminate the Service by giving seven (7) days’ written notice to the User PROVIDED ALWAYS THAT without limiting other remedies, the Group may limit, suspend, or terminate the licence to use the Application granted hereunder and the User’s use of the Application and hence the Service, prohibit access to the Website and delete the User’s User Account and/or User ID, with immediate effect, if the Group, at its absolute discretion, is of the view that the User is in breach of this Terms of Use, creating problems and possible legal liabilities, acting inconsistently with the letter or spirit of the Group’s policies, infringing intellectual property rights whether UDL Group’s or a third party’s, engaging in fraudulent, immoral or illegal activities, or for other similar reasons. The Group shall effect such termination by providing notice to the User to such email address the User has provided, and/or by preventing the User’s access to the respective User Account. The Group reserves the right to cancel User Accounts that have been inactive for more than one (1) year from the Effective Date Termination By User 7.2 The User may terminate the use of the Service at any time by giving the Group seven (7) days’ written notice. Termination shall not release the User from his/her obligations and the liability to pay the Group any charges which accrued prior to such termination or which shall accrue to the Group after the effective date of such termination. Consequences of Termination 7.3 Upon termination of the Service: (a) all licences and rights to use the Application shall terminate; (b) the User shall cease any and all such use of or dealings with the Application; (c) the User shall have the option to delete his/her personal information supplied to us using the Application, failing which the personal information will remain intact in our database; (d) the User shall remove or uninstall the Application from all hard drives, networks and other storage media and destroy all copies of the Application in the User’s possession or under the User’s control; and (e) the Group shall suspend the User’s User Account and upon clearance of the User’s User Account, delete the User’s User Account and User ID accordingly. No Refunds On Termination 7.4 The Group will not make any refunds of unused credit amounts standing to your User Account upon termination of the Service. Any unused credit amounts standing to your User Account will be forfeited. No Liability On Termination 7.5 The Group will not be liable in respect to any loss, cost, expenses or damage incurred or suffered by the User resulting from the termination of the Service pursuant hereto. 8. USER’S REPRESENTATIONS AND WARRANTIES; INDEMNIFICATION OF THE GROUP Representations 8.1 The User represents and warrants that the User has the power to enter into, exercise their rights (if any) and perform and comply with their obligations under this Terms of Use. Furthermore, the User represents and warrants that the User will at any and all times meet with the User’s obligations hereunder, as well as any and all laws, regulations and policies that may apply to the use of the Application and the Service. Indemnification 8.2 The User agrees to indemnify, defend and hold the Group and the Group Staff harmless from and against any and all liability and costs, including reasonable attorneys’ fees incurred by said parties, in connection with or arising out of the User’s (a) violation or breach of any term of this Agreement or any applicable law or regulation, whether or not referenced herein, or (b) violation of any rights of any third party, or (c) use or misuse of the Application and/or the Service, or (d) use and/or modification of the Application and/or the Service. Export Restrictions 8.3 The User acknowledges that the Application may be subject to international rules that govern the export of software. The User agrees to comply with all applicable international and national laws that apply to the Application as well as end-user, end-use and destination restrictions issued by national governments. 8. DISCLAIMER OF WARRANTIES No Warranties 9.1 THE APPLICATION AND THE SERVICE ARE PROVIDED “AS IS”, WITH NO WARRANTIES WHATSOEVER; THE GROUP DOES NOT, EITHER EXPRESSED, IMPLIED OR STATUTORILY, MAKE ANY WARRANTIES, CLAIMS OR REPRESENTATIONS WITH RESPECT TO THE UNOS APPLICATION AND UNOS SERVICE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR USE OR A PARTICULAR PURPOSE. THE GROUP FURTHER DOES NOT REPRESENT OR WARRANT THAT THE APPLICATION WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE OR WILL OPERATE WITHOUT PACKET LOSS. The User’s own Risk 9.2 The User acknowledges and agrees that the entire risk arising out of the use or performance of the Application and the Service remains with the User, to the maximum extent permitted by law. Jurisdiction’s Limitations 9.3 As some jurisdictions do not allow some of the exclusions or limitations as set forth above, some of these exclusions or limitations may not apply to the User. In such event the liability will be limited as far as legally possible under the applicable legislation. 10. LIMITATION OF LIABILITY No Liability 10.1 The User acknowledges and agrees that the Group, its licensors (if any) and the Group Staff will have no liability in connection with or arising from the User’s use of the Application and the Service. Limitation of Liability 10.2 In no event shall the Group, its licensors (if any) and the Group Staff be liable, whether in contract, warranty, tort (including negligence), product liability or any other form of liability, for any indirect, incidental, special or consequential damages (including but not limited to any loss of profits, loss of data, interruption, computer failure or pecuniary losses) arising out of the use or inability to use the Application and/or the Service, even if the Group, its licensors and the Group Staff have been advised of the possibility of such damages. Remedy 10.3 The User’s only right of remedy with respect to any problems or dissatisfaction with the Application and the Service is to cease using the Service and to remove or uninstall and cease the use of the Application. 11. CONFIDENTIALITY Group’s Confidential Information. 11.1 The User agrees to take all reasonable steps at all times to protect and keep strictly confidential any confidential information regarding the Group, the Group Staff, the Application, the Service and the IP Rights. The User’s Confidential Information and the User’s Privacy 11.2 The Group is committed to respecting the User’s Privacy and the confidentiality of the User’s personal data. The User’s personal data, the traffic data as well as the content pertaining to the User’s usage of the Application and the Service shall be subjected to confidentiality obligations. We do not sell or rent the User’s personal information to third parties for their marketing purposes without the User’s express consent and we use the User’s information only as permitted under this Agreement. We store and process the User’s information on computers that may be located outside the User’s country that are protected by physical as well as technological security devices. The User can access and modify the information the User provides in accordance with the terms of this Terms of Use. If the User objects to such information being transferred or used in this way, please do not use the Application and the Service provided by UDL and its Affiliates. 12. GENERAL PROVISIONS New Versions of the Terms of Use 12.1 The Group reserves the right to modify this Terms of Use at any time and shall notify the User of and publish such revised Terms of Use on the Website. The revised Terms of Use shall become effective within thirty (30) days of such notification to the User or publishing or upon the continued use by the User of this Website, the Application and/or the Service following the notification and publishing of the revised Terms of Use, whichever is the earlier. The continued use by the User of this Website, the Application and/or the Service following the notification and publishing of the revised Terms of Use shall mean that the User accept those changes and shall constitute the User’s acceptance to be bound by the terms and conditions of the revised Terms of Use. Entire Agreement 12.2 This Terms of Use constitutes the entire agreement and understanding of the User and the Group and supersedes all prior written or oral representations agreements or understandings between the User and the Group relating to the subject matter of this Terms of Use. Severability 12.3 If any provision of this Terms of Use is to be illegal, void or unenforceable under any law that is applicable hereto or if any court or other authority of competent jurisdiction in a final decision so determines, this Agreement shall continue in force save that such provision shall be deemed to be excised herefrom with effect from the date of such agreement or decision. No Waiver 12.4 The failure of the Group at any time to require performance of any provisions hereof shall in no manner affect its right at a later time to enforce the same unless the same is explicitly waived in writing and signed by the Group. No Assignment by User 12.5 The User is not allowed to assign this Terms of Use or any rights hereunder to any person. Assignment by the Group 12.6 The Group reserves the right at its sole discretion to assign this Terms of Use or any rights hereunder to any Affiliate, without giving any prior notice to the User. Applicable Law 12.7 To the extent permitted by law, this Agreement shall be governed by and construed in accordance with the laws of Malaysia. 12.8 Any legal proceedings arising out of or relating to this Agreement will be subject to the non-exclusive jurisdiction of the courts of Malaysia. Language 12.9 The original English version of this Terms of Use may have been translated into other languages. In the event of inconsistency or discrepancy between the English version and any other language version of this Agreement, the English language version shall prevail. Notices 12.10 All notices or demands are deemed to have been received by the User: (a) in the case of email, twenty-four (24) hours after being emailed to the User’s most recent email address as provided or notified by the User; (b) in the case of a facsimile, twenty-four (24) hours after being transmitted by facsimile to the User’s most recent facsimile number as provided or notified by the User; and (b) three (3) days after being posted to the User’s most recent correspondence address as provided or notified by the User. User’s Acknowledgment THE USER EXPRESSLY ACKNOWLEDGES THAT THE USER HAS READ THIS TERMS OF USE PERTAINING TO THE USE OF THE UNOS WEBSITE, UNOS APPLICATION AND UNOS SERVICE AND THE USER FURTHER ACKNOWLEDGES THAT THE USER UNDERSTANDS THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CLICKING ON THE “ACCEPT” BUTTON AND/OR CONTINUING TO INSTALL THE UNOS APPLICATION, THE USER EXPRESSLY CONSENTS TO BE BOUND BY THE TERMS AND CONDITIONS UNDER THIS TERMS OF USE AND GRANT TO UDL AND ITS AFFILIATES THE RIGHTS SET FORTH HEREIN. |