The following terms and conditions constitute an agreement between you and Newswav Sdn Bhd (“Newswav” “we” or “our” or “us”), the operator of the mobile application and website known as “Newswav” (the “Platform”). By downloading, accessing, browsing and/or navigating through the Platform, you agree to be bound by the following terms and conditions (“Terms of Use”).
DEFINITIONS
In these Terms of Use where the context so admits the following expressions shall have the meaning designated below unless otherwise stated:
| "Account" | means your account opened with Newswav in connection with the Platform; |
| "Content" | means design, text, data, graphics, images, user interface, visual interface, information, suggestions, guidance and other materials provided, made available or otherwise found through the Platform, excluding the Materials and the User Content; |
| "Materials" | means the text, graphics, images, videos, podcasts, data and information contained in the content published by a third party including the Publisher’s logo and title of the content; |
| "Publisher" | means a third party publisher who published the Materials accessible or available in the Platform; |
| "Policies" | means the rules, information and/or policies developed by Newswav and published by Newswav on the Platform in connection with these Terms of Use from time to time (as more particularly described in Clause 2 below); |
| "Registration Details" | means identification in respect of the Account (including without limitation Account’s username and password, your name, contact details, and/or other details contained in the Account); |
| "user", "you" or "your" | means a user of the Platform; and |
| "User Content" | means any information or data provided by the users, through or on the Platform. |
NEWSWAV PLATFORM
The Platform is a content aggregator which allows users to read content published by the Publishers in one place. Except as set out in these Terms of Use, Newswav is only an online content aggregator which obtains its content from third party sources including the Publishers. Newswav is not in any way involved in the writing or publishing of the Materials and the User Content, and Newswav shall not be liable to you in relation to the Materials and the User Content that is available in the Platform. You acknowledge and agree that the use of the Materials are, at all times, subject to the terms and conditions of the Publisher. In the event of any dispute between you and the Publisher or such third party, you must resolve such dispute directly with the relevant party.
The use of the Platform shall be subject to the Policies as may be developed and imposed on the users by us from time to time. Except as otherwise expressly prohibited or limited by applicable laws, we may amend, update, modify or supplement the Policies from time to time. You are responsible for reviewing such updated rules and Policies published by us on the Platform and/or notified to you from time to time.
REGISTRATION
In order to have access to the Materials and the User Content, you may either download the Application and create an Account or access our website. If you choose to create an Account, you may be required to register and authorize the use and disclosure of your information for purposes of allowing us to facilitate the creation of your Account and profile in the Platform.
You may be required to provide us with your personal information during the registration process and from time to time during your use of the Platform. By creating an Account on the Platform, you agree to be bound by the Policies and you consent to the processing of your personal information by us in accordance with our Personal Data Protection Notice. You shall ensure that all the relevant information made available to us are and remain true and accurate at the time of registration.
The Platform includes an invitation service which allows you to invite a contact to download the Platform. If you choose to use our invitation service, we will ask you for information needed to send the invitation, such as your contact’s email address or we will ask you to consent to having your contact list(s) imported. In the event that any third party personal information is provided by you to us, you are responsible for ensuring that all necessary consent has been obtained from such third party and that such third party has agreed to the processing of his/her personal information by us in accordance with our Personal Data Protection Notice.
The Registration Details must be kept confidential at all times and must not be disclosed to anyone else. You must immediately notify us if your password has been stolen or compromised by sending an email to hello@newswav.com.
You must be 18 years of age or over to register with us. If you do not qualify under these Terms of Use, do not download the Platform. By downloading the Platform, you represent and warrant that you have the right, authority and capacity to enter into these Terms of Use and to abide by all of the terms and conditions set forth herein.
ACCESS BY CHILDREN
Some Materials or User Contents that are accessible on or through the Platform may not be suitable or appropriate for children under the age of 18. For this reason, parents or guardians who wish to allow their children to access the Platform should carefully supervise their children's access to and use of the Platform and determine whether or not such Materials or User Contents are appropriate for their children.
NO WARRANTIES IN RELATION TO THE PUBLISHERS
We collaborate with the Publishers to publish the Materials in the Platform. Notwithstanding the foregoing, we do not:
recommend or endorse any of the Publishers; nor
make any representations or warranties with respect to the Publishers or the ability of the Publishers to meet your requirements.
This Platform contains links to the Publisher’s website or other third party websites (“Third Party Sites”) that facilitate the delivery of our services to you and are provided solely for your convenience. When you click on these links, you will leave the Platform and be redirected to the Third Party Sites.
The Third Party Sites are owned and operated by independent parties, and not under the supervision and control of Newswav. Any link you make to or from the Third Party Sites will be at your own risk. Unless otherwise expressly agreed in writing, Newswav and its affiliates are not in any way associated with the owner or operator of the Third Party Sites or responsible or liable for the content, goods and services offered by them or for anything in connection with such Third Party Sites. We do not endorse or approve and make no warranties, representations or undertakings relating to the content of the Third Party Sites. Please verify the information obtained from the Third Party Sites before acting upon such information.
Any use of the Third Party Sites will be subject to and any information you provide will be governed by the terms of the Third Party Sites, including those relating to privacy and security. By continuing on to the Third Party Sites, you agree to be bound by the policies and terms of use of the Third Party Sites.
Newswav disclaims liability for any loss, damage and any other consequence resulting directly or indirectly from or relating to:
your access to the Third Party Sites;
any information that you may provide or any transaction conducted on or via the Third Party Sites;
the failure of any information, goods or services posted or offered at the Third Party Sites;
any error, omission or misrepresentation on the Third Party Sites; or
any computer virus arising from or system failure associated with the Third Party Sites.
MATERIALS AND CONTENT
You acknowledge that the Materials and the User Content available in the Platform and the Content that we disclose is to the best of our knowledge or based on the information provided to us by third parties and do not constitute an opinion, recommendation or advice.
You are solely responsible to:
evaluate the quality, adequacy, completeness and usefulness of all Materials, User Content, Content, advice, opinions and other information obtained or accessible through the Platform; and
seek further professional advice at all times and obtain independent verification of the materials and information provided herein prior to making any decision based on any such materials or information. You agree that your use of the Materials, the User Content and the Content is solely at your own risk.
The timeliness, accuracy and completeness of any or all of the Materials, the User Content and the Content are not guaranteed. We will not be responsible for any false or misleading information, or for errors or omissions or for the results obtained from the use of such Materials, the User Content and/or Content.
In the event any third party Content infringes any intellectual property of any person, such third party shall be solely responsible to you for any loss or damage suffered by you as a result of the infringement. You may send us an email at hello@newswav.com to report any such infringement.
USER-GENERATED CONTENT
You can submit your own content, comments on the Materials available through the Platform, participate in the other interactive and community features of the Platform. It is important that you act responsibly when providing any User Content to us and you shall at all times comply with the section below on User Obligations.
By posting or submitting the User Content through the Platform, you agree to and hereby do grant, and you represent and warrant that you have the right to grant to us, our related corporations, subsidiaries, affiliates and contractors an irrevocable, perpetual, royalty-free, fully sublicensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display and distribute such User Content. We reserve the right to investigate and take appropriate legal action against anyone who breaches this provision or the below section on User Obligations, including without limitation, removing any offending content from the Platform and terminating the Account of such violators or blocking your use of the Platform.
Notwithstanding anything in these Terms of Use, we reserve the right to reject or remove any User Content at our sole discretion for any reason.
USER OBLIGATIONS
We may (but shall be under no obligation to) investigate if you have misused the Platform, or behave in a way, which we regard as inappropriate, unlawful or illegal. By using the Platform, you agree not to:
use the Platform for unlawful, commercial, and non-personal purposes and for any purpose that is illegal or prohibited by these Terms of Use and applicable laws;
compromise the safety and security of any computer, mobile phone and/or any other equipment and/or hardware you use to access the Platform;
upload, post or transmit any material or information which is offensive, defamatory, indecent, violent, obscene, unlawful, false, misleading, vulgar, harmful, threatening, abusive, harassing or ethnically objectionable;
attempt to gain unauthorized access to the Platform, user accounts, computer systems or networks through hacking, password mining or any other means;
upload, post or transmit any unsolicited or unauthorised advertising or promotional materials, “junk mail”, “spam”, “pyramid schemes”;
engage in any conduct which will violate any law or infringe our intellectual property rights or those of any third party in relation to your use of the Platform;
upload, post or transmit any material which contains viruses, malicious codes or other computer codes, files or programs which are designed to limit or destroy the functionality or compromise the integrity of other computer software or hardware;
impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Platform;
express or imply that any statements you make are endorsed by us without our specific prior written consent;
use any robot, spider, or other device or process to retrieve, index, or in any way reproduce or circumvent the navigational structure or presentation of the Platform;
"frame" or "mirror" any part of the Platform, without our prior written authorization;
use any code or other devices containing any reference to us or the Platform to direct persons to any other website and/or service;
use the content contained on the Platform for any illegal, fraudulent or harmful purpose;
use the Platform in any manner that could damage, disable, overburden and/or impair the operation of the Platform, our servers or networks, or interfere with any other party's use and enjoyment of the Platform, or violate any requirements, procedures, policies or regulations of such networks;
use the Platform to violate the privacy or otherwise collect or store personal data of other users or any individuals; and
publicly disseminate information regarding the performance of the Platform or access or use the Platform for competitive analysis or benchmarking purposes.
Without prejudice to other rights we may have under these Terms of Use or in law, in the event that you are found to be in breach of any of the terms contained in this Clause:
we shall be entitled to immediately block, suspend or terminate your Account or your use of the Platform;
we shall have the right to remove any User Content submitted, uploaded or transmitted by you to or through the Platform; and
you shall indemnify us in full and hold us harmless against all claims, loss, costs, damages, charges and/or expenses (including loss of profit) incurred and/or suffered by us as a result of such breach.
INTELLECTUAL PROPERTY RIGHTS
All rights title and interest in the Materials and the User Content available in the Platform are owned by the respective Publishers or users, and Newswav does not own any such rights relating to the Materials and the User Content. The publication of the Materials and the User Content in the Platform do not, in any way, transfer any intellectual property rights to us.
Copyright on the Platform and Content is owned or licensed by us. You acknowledge that the Platform and any underlying technology or software used in connection with the Platform contain our proprietary information. We grant you a non-exclusive, non-transferable, revocable license to use the Platform and the Content for personal, non-commercial purposes only and do not transfer any intellectual property rights to you by virtue of permitting your use of the Platform and the Content.
Except as expressly authorised by these Terms of Use, you may not in any form or by any means:
adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the Platform and/or Content;
commercialise any information or services obtained from any part of the Platform;
modify, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Platform or use any part of the same to provide or incorporate into, any product of service provided to a third party; or
copy, duplicate or download the Content.
If you use any of our trademarks, rights in internet domain names and website addresses and other rights in trade names (“Marks”) in reference to our activities or services, you must include a statement attributing the Marks to us. You shall not use any of the Marks:
in or as the whole or part of your own trademarks;
in connection with activities, products or services which are not ours;
in a manner which may be confusing, misleading or deceptive; and/or
in a manner which disparages us or our information, products or services.
ADVERTISEMENTS
We may place advertisements in different locations on the Platform and at different points during your use of the Platform. You acknowledge and accept that the advertisements may relate to third party’s goods and/or services and we shall not be made responsible for any such third party goods and/or services. You are advised to take the necessary measures to confirm and verify the accuracy of such advertisements with the relevant third party. To the maximum extent permitted by law, we shall not be liable or responsible in any manner whatsoever for any claims in connection with such advertisements.
COOKIES
Cookies are small text files that (depending on your browser settings) are deposited on your computer's disk when you visit a site and may be sent back to that site when you visit again.
We may use cookies to store user preferences and certain other pieces of data in the course of your use of the Platform. If you continue using the Platform, we will assume that you are fine with the use of cookies in the Platform, but you can disable any of these cookies at any time if you wish.
Please note that the Publishers or other websites that may be accessible via the Platform may also use cookies, over which we have no control. You should check the privacy and cookies policies posted on the relevant third-party websites for further information on such cookies (including details of how to reject or delete such cookies).
We also use third party web analytics services to gather certain information automatically and store it in log files. This information includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. Such analytics allows us to analyse trends, administer the Platform, track users’ movements around the Platform and gather demographic information about our user base as a whole. No personal data is collected by the web analytics services and we do not attempt to associate any of the data so collected with any personal data such analytics services may itself collect from you.
LINKS TO OTHER SITES
In some cases a user may be redirected to the Publisher’s website when the user clicks on links on the Platform to other websites or (“Linked Websites”) that do not belong to or are not maintained by us. Such links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with the Linked Websites. For more information about the content or privacy practices of the Linked Websites, please visit the Linked Websites for the applicable terms of use and privacy policy.
The Linked Websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those Linked Websites, or of any information, graphics, materials, products or services referred to or contained on those Linked Websites, unless and to the extent stipulated to the contrary.
DISCLAIMER
The Platform is provided "AS IS" and without any warranties. Save and except for any implied warranties which cannot be contracted out by law and to the maximum extent permitted by law, we hereby disclaim all warranties with respect to the Platform, including without limitation any warranties that the Platform are merchantable, of satisfactory quality, accurate, fit for a particular purpose or need.
Without prejudice to the foregoing, we do not represent and warrant, to the maximum extent permitted by law:
that you will be able to access or use the Platform (either directly or through third-party networks) at times or locations of your choice;
the accessibility, accuracy, reliability, timeliness, completeness or legality of information provided by users of the Platform, suggestions or recommendations or endorsements of services or products offered or purchased through the Platform, or any other data or information provided or received through Platform; or
that the Platform will be secure, operate error-free, bug-free or free from defects, that loss of data will not occur, or that the Platform and/or the server that makes the same available are free of computer viruses, timers, contaminants, Trojan-horses, routings, time bombs or other harmful or malicious codes, programs or component.
Any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information. For this purpose, we reserve the right, without prior notice, to remove your username or similar identifier in respect of your account if appropriate and we shall not be liable whatsoever for any loss arising from such removal. You acknowledge sole responsibility for and assume all risk arising from your access and use of the Platform.
LIMITATION OF LIABILITY
To the maximum extent permitted by law, in no event shall we be liable to you (or to any third party claiming under or through you) for any indirect, special, incidental, consequential or exemplary damages, lost profits or income, lost data, loss of goodwill, computer failure or malfunction, any other commercial damages or losses howsoever arising, whether or not such losses and/or damages were reasonably foreseeable or even if we knew or should have known of the possibility of the same occurring.
Without prejudice to Clause 2 and notwithstanding anything contained in these Terms of Use, Newswav’s maximum and cumulative total liability (including without limitation any liability for acts and omissions of its representatives) in respect of any and all claims for defective performance, breach of contract, compensation, indemnity, misrepresentation and any other damages and/or losses (“Claims and Losses”) howsoever arising under these Terms of Use shall, to the maximum extent permitted by law, not exceed RM100, in respect of all Claims and Losses.
INDEMNIFICATION
You agree to indemnify and hold us, our related corporations, contractors, successors, assigns, and third parties, and each of our and their respective directors, officers, employees and agents harmless from and against all loss, damages, claims, fines, penalties or expenses, including attorneys' fees, arising howsoever from or in connection with your access or use of the Platform, any breach, default, omission, misrepresentation, negligence, misconduct, non-observance and/or non-performance of these Terms of Use by you or on your part or of any other person for whose acts or omissions you are vicariously liable, whether in tort, contract or otherwise.
TERMINATION
We may terminate and/or suspend your Account immediately, if there has been a breach of these Terms of Use, the Policies or other policies and terms posted on the Platform by you or by someone using your Registration Details. We shall not be liable to you or any third party for any termination and/or suspension of your access to the Platform. Further, you agree not to attempt to use the Platform after any such termination and/or suspension.
You may modify or delete your Account through your user account settings. You acknowledge and agree that if you delete your Account, all your Account information on the Platform including without limitation the Registration Details will be permanently deleted from our database. In such an event, you will not be able to reinstate your account if you wish to access the Materials and you will have to create a new Account.
Despite the deletion of your Account, you acknowledge and agree that copies of your information may remain accessible elsewhere, specifically in relation to the extent that it has been previously shared with others, or if it was copied or stored by other users.
Notwithstanding anything contained in these Terms of Use, any provisions in these Terms of Use which are capable of having effect after the termination of your registration shall remain in full force and effect following the termination of your Account.
FORCE MAJEURE
Neither party shall be liable to the other party or be deemed to be in breach of these Terms of Use by reason of any delay in performing, or any failure to perform, any of its obligations under these Terms of Use, if the delay or failure was due to any cause beyond the party’s reasonable control, including but not limited to:
fire, act of God, storm, explosion, earthquake, flood, tempest, accident or other natural disaster;
war or threat of war, sabotage, insurrection, civil disturbance or requisition;
acts, restrictions, regulations, by-laws, prohibitions, import or export regulations, embargoes or measures of any kind imposed by any governmental, parliamentary or local authority;
strikes, lock outs or other industrial actions or trade disputes;
epidemic, pandemic, virus outbreak or government restraints;
difficulties in obtaining raw materials, labour, fuel, parts or machinery; or
telecommunication, transportation, power supply, network or system disturbances or failures, or breakdown in machinery resulting in the impossibility of the use of any of the aforementioned.
PLATFORM MAINTENANCE
It may be necessary for us to perform scheduled or unscheduled repairs or maintenance, or remotely patch or upgrade the Platform, which may temporarily degrade the quality of the Platform or result in a partial or complete outage of the Platform. In this regard, we will not be liable to you or any third party for any such degradation in the quality or outage of the Platform.
GENERAL
Amendments to These Terms of Use
We reserve the right to amend these Terms of Use, the Policies and the other policies published on the Platform at any time. Upon any such change, we will post the amended terms and/or policies on the Platform or we may also attempt to notify you via electronic mail. Your continued access to and/or use of the Platform following such posting and/or notice shall constitute your agreement to be bound by these Terms of Use, the Policies or other policies published on the Platform, as amended. If at any time you choose not to accept these Terms of Use, including following any such modifications hereto, then you must stop using the Platform.
Severability
If any provision of these Terms of Use is held by any court of competent authority to be invalid, illegal or unenforceable in whole or in part, such provision shall be deemed to be severed from these Terms of Use without affecting or impairing the validity, legality and enforceability of the remaining provisions or remainder thereof, and the remaining terms and conditions shall nevertheless continue in full force and effect.
Governing Law
These Terms of Use shall be governed and construed in accordance with the laws of Malaysia and the courts of Malaysia shall have exclusive jurisdiction hereto.
Non-waiver
Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
Entire Agreement
These Terms of Use and any supplemental terms, policies, rules and guidelines published through the Platform including the Personal Data Protection Notice, constitute the entire agreement between you and us relating to the subject matter hereof and supersede all previous written or oral agreements, arrangements or understanding between the Parties.
Headings
The headings in these Terms of Use are for convenience only, do not form a part hereof, and in no way limit, define, describe, modify, interpret or construe the meaning, scope or intent of these Terms of Use or any terms or conditions therein.
Non-assignment
You may not assign, transfer or sublicense these Terms of Use to anyone else and any attempt to do so in violation of this section shall be null and void.