Terms and Conditions
1. Definitions
“DDADMS Portal” is the on-line service operated by Payments Network Malaysia Sdn. Bhd. (“Paynet”) on the World Wide Web of the Internet, consisting of information services and content provided by Paynet, affiliates of Paynet and other third parties. “Subscriber” means each person who establishes or accesses a connection (“Account”) for access to and/or use of DDADMS Portal.
2. General
(A) This Agreement, sets forth the terms and conditions that apply to use DDADMS Portal by Subscriber. By using DDADMS Portal (other than to read this Agreement for the first time), Subscriber agrees to comply with all of the terms and conditions hereof. The right to use DDADMS Portal is personal to Subscriber and is not transferable to any other person or entity. Subscriber is responsible for all use of Subscriber’s Account (under any screen name or password) and for ensuring that all use of Subscriber’s Account complies fully with the provisions of this Agreement. Subscriber shall be responsible for protecting the confidentiality of Subscriber’s password(s), if any.
(B) Paynet shall have the right at any time to change or discontinue any aspect or feature of DDADMS Portal, including, but not limited to, content, hours of availability, and equipment needed for access or use.
3. Changed Terms
Paynet shall have the right at any time to delete, change or modify the terms and conditions applicable to Subscriber’s use of DDADMS Portal, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means of, including, but not limited to, posting on DDADMS Portal, or by electronic or conventional mail, or by any other means by which Subscriber obtains notice thereof. Any use of DDADMS Portal by Subscriber after the issuance of such notice shall be deemed to constitute acceptance by Subscriber of such deletions, changes, modifications or additions.
4. Equipment
Subscriber shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of DDADMS Portal and all charges related thereto.
5. Subscriber Conduct
(A) Subscriber shall use DDADMS Portal for lawful purposes only. Subscriber shall not post or transmit through DDADMS Portal any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, an invasion of privacy , vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Paynet’s express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a Subscriber that in Paynet’s view restricts or inhibits any other Subscriber from using or enjoying DDADMS Portal will not be permitted. Subscriber shall not use DDADMS Portal to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with DDADMS Portal.
(B) DDADMS Portal contains material subject to the protection of copyright, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of DDADMS Portal are subject to copyright as a collective work under the Malaysian copyright and trade marks laws. Paynet owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Subscriber may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Subscriber may download material for Subscriber’s personal use only provided that this not for the purpose of private or commercial gain. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of Paynet and the relevant copyright owner. In the event of any permitted copying, redistribution or publication of material subject to copyright, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Subscriber acknowledges that it does not acquire any ownership rights by downloading such material.
(C) Subscriber shall not upload, post or otherwise make available on DDADMS Portal any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with Subscriber. Subscriber shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of DDADMS Portal, Subscriber automatically grants, or warrants that the owner of such material has expressly granted Paynet the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. Subscriber also permits any other Subscriber to access, view, store or reproduce the material for that Subscriber’s personal use. Subscriber hereby grants Paynet the right to edit, copy, publish and distribute any material made available on DDADMS Portal by Subscriber.
(D) The foregoing provisions of this Section 5 are for the benefit of Paynet, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
6. Monitoring
Paynet shall have the right, but not the obligation, to monitor the content of DDADMS Portal, to determine compliance with this Agreement and any operating rules established by Paynet and to satisfy any law, regulation or authorized government request. Paynet shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on DDADMS Portal. Without limiting the foregoing, Paynet shall have the right to remove any material that Paynet, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
7. Indemnification
Subscriber agrees to defend, indemnify and hold harmless Paynet, its affiliates and their respective directors, officers, employees and agents from and against all loss, damage, claims or expenses, including attorneys’ fees, arising out of the use of DDADMS Portal by Subscriber or Subscriber’s Account.
8. Termination
Either Paynet or Subscriber may terminate this Agreement at any time. Without limiting the foregoing, Paynet shall have the right to immediately terminate Subscriber’s Account in the event of any conduct by Subscriber which Paynet, in its sole discretion, considers to be unacceptable, or in the event of any breach by Subscriber of this Agreement. The provisions of this Section 8, Sections 5(B), 5(C), 5(D), 7, 9 and the Disclaimer shall survive termination of this Agreement.
9. Name and Logo of Paynet
The emblem of Paynet, or the name of Paynet, including any abbreviation of its name, is protected by the Emblems and Names (Prevention of Improper Use) Act, 1963. Therefore, Paynet , DDADMS Portal and the Paynet emblem, can not be used by Subscriber or any person without the written permission of Paynet. All other trademarks appearing on DDADMS Portal are the property of their respective owners.
10. Third Party Content
Paynet is a distributor (and not a publisher) of content supplied by third parties and Subscribers. Accordingly, Paynet has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Subscribers or any other user of DDADMS Portal, are those of the respective author(s) or distributor(s) and not of Paynet. Neither Paynet nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 6 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.)
In many instances, the content available through DDADMS Portal represents the opinions and judgments of the respective information provider, Subscriber, or other user not under contract with Paynet. Paynet neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on DDADMS Portal by anyone other than authorized Paynet employee spokespersons while acting in their official capacities. Under no circumstances will Paynet be liable for any loss or damage caused by a Subscriber’s reliance on information obtained through DDADMS Portal. It is the responsibility of Subscriber to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through DDADMS Portal. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
11. Miscellaneous
This Agreement and any operating rules for DDADMS Portal established by Paynet constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of Malaysia, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.