PERSONAL DATA AND PRIVACY
1. ACCEPTANCE OF TERMS - GENERAL
1.2 You agree that Njoi may modify and amend this TOU & Notices at any time without notice. Unless explicitly stated otherwise, any new service introduced by Njoi, shall be subject to this TOU. All such Notices are hereby incorporated by reference into the TOU. You are responsible for regularly reviewing Njoi's TOU & Notices posted on the Njoi Website. By continuing to use the Njoi Website, you are deemed to have agreed to be bound by any modifications and amendments to this TOU &Notices.
1.3 You can access the Njoi Website home page and browse the Website without disclosing your personal data. The service and links of the Njoi Website may include links to third party websites and are subject to Section 7 herein.
1.4 Owing to the global nature of the internet infrastructure, the information you provide may be transferred in transit to countries that do not have similar protection regarding your data and it's use as set out in this terms and conditions. By submitting your information you consent to these transfers.
1.5 "You" and "Your" shall mean any user of the Njoi Website which shall include Njoi Passport Account registered members and "your" shall be interpreted accordingly.
1.6 "Astro Group" 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.
1.7 "Njoi Service" shall mean free satellite television services, Njoi Mobile Services and other interactive or online services made available to you by the Njoi.
1.8 "Njoi Website" shall mean the Njoi Mobile Services and any other micro sites as made available to you by the Njoi.
2. USE AND SECURITY
2.1 Information on the Njoi Website may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. Njoi may also make improvements and/or changes to the Njoi Website.
2.2 You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Njoi registration form and (b) maintain and promptly update such registration data to keep it accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if Njoi suspects that such information is untrue, inaccurate, not current or incomplete, Njoi has the right to suspend or terminate your Njoi application and refuse any and all current or future use of the Njoi Website(or any part thereof).
2.3 The Njoi Website 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 Njoi Website and assume all risk associated therewith.
2.4 The Njoi Website may not be available to be accessed from all regions and countries of the world. Njoi reserves the right, in its sole discretion, to limit or terminate your ability to access the Njoi Website from certain regions or countries, and you assume all risk associated with the accessibility of the Njoi Service, Website from any given region or country of the world.
2.5 Njoi reserves the right to limit or prohibit your entry into its website in its sole discretion and shall not be liable for such limitation or prohibition.
3. YOUR CONDUCT
3.1 You agree to use the Njoi Website only for lawful purposes and in accordance with this TOU & Notices.
3.2 You agree to (a) notify Njoi immediately of any unauthorised use or any other breach of security, and (b) ensure that you exit from your Njoi application at the end of each session. Njoi cannot and will not be liable for any loss or damage arising from your failure to comply with this provision.
3.3 Your Njoi application is not transferable and may not be assigned to any third party. The Njoi Website is 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 Njoi Website to any other party; or (b) make commercial use of the Njoi Website without the express written consent of Njoi.
3.4 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 Njoi Service. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct. Specifically, you agree to comply with all applicable laws regarding on-line communication in the country in which you reside.
3.5 You may not use the Njoi Website in any manner that could damage, disable, overburden, or impair the Njoi Website (or the network(s) connected to Njoi Service) or interfere with any other party's use and enjoyment of the Njoi Service. You may not attempt to gain unauthorized access to the Njoi Website and other Njoi applications, computer systems or networks connected to the Njoi Website, 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 Njoi Website.
3.6 You agree to be responsible for payment of (i) registration or subscription fees (where applicable), (ii) the charges for the Content that is requested by you and (iii) any charges that Njoi may stipulate from time to time and all applicable charges incurred as a result of your use of the Njoi Service, including but not limited to the use or misuse by an unauthorised third party, or any error, accidental use or loss ("Charges").
3.7 You will not post or transmit through the Njoi Website any defamatory, harmful, obscene, threatening, pornographic or otherwise illegal material or material which would violate or infringe in any way upon our rights or those of others (including intellectual property rights, rights of confidentiality, or rights of privacy) or cause distress or inconvenience. You must not express opinions that are crude, racist sexist, vulgar, or otherwise offensive. Always treat other users with respect.
3.8 You will not post or otherwise make available on the Njoi Website any material, which you do not own without the express permission of the owner of the material.
3.9 You will not broadcast, copy, download, frame, reproduce, republish, transmit in any manner whatsoever, any material on the Njoi Website except as is strictly necessary for your own personal non-commercial home use.
3.10 You will abide by the specific rules of any competition or promotion that you participate in on or via the Njoi Website. Unless we tell you otherwise, all prize draws and competitions offered via the Njoi Website are not open to anyone outside Malaysia
3.11 You will not do anything that affects the operability or security of the Njoi Website or causes unreasonable inconvenience or offence or disruption to our staff.
4. TERMINATION/ACCESS RESTRICTION
4.1 Without limiting anything herein contained, Njoi reserves the right to terminate the Njoi Website and your use of the Njoi Website at any time without notice and for any reason.
4.2 In addition to any termination rights Njoi may have under this TOU & Notices, Njoi may suspend or terminate your access to the Njoi Website without notice and in its sole discretion if:
4.3 Njoi, at its sole discretion ceases to offer any free, trial, or promotional services, but such termination or suspension shall solely relate to such services.
4.3.1 For inactivity, which is defined as failing to log into your Njoi Website for an extended period of time, as specified in Section 2.2 above. Njoi suspects fraudulent use (Fraudulent use of an account may include but is not limited to: (a) permitting access to your e-mail address and password to third parties, or (b) entering invalid or apparently invalid user information for your Njoi account, or (c) attempting to register for free, trial, or promotional offers under several aliases or with different user information to circumvent any one-trial-per-user limitation) of the Njoi Website and/or your Njoi account.
4.3.2 You materially violate this TOU or any Notice posted from time to time on the Njoi Website, any applicable law, rule or regulation relating to the use of the Njoi Service.
4.3.3 Any law, regulation, or governmental action renders all or any portion of the Njoi Website (or your use of the Njoi Service) unlawful or impracticable.
4.3.4 Your use of the Njoi Website impairs or threatens to impair the integrity or functionality of the Njoi network in any manner.
4.3.5 If Njoi believes that you have violated or acted inconsistently with the letter or spirit of this TOU & Notices.
4.4 You agree that Njoi shall not be liable to you or any third-party for any termination of your access to the Njoi Website.
5. DISCLAIMER & LIMITATION OF LIABILITY.
5.1 Njoi makes no warranty that the Njoi Website will meet your requirement or that the Njoi Website will be secure, timely, uninterrupted or error free, or that any data, content, information, software or other material accessible on or through the Njoi Website 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 Njoi Website for the reconstruction of any lost data. All use of the Njoi Website is at your own risk and you are solely responsible for all damages resulting there from.
5.2 The Njoi Website is not intended for "mission critical" circumstances and 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, Njoi 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 Njoi Website and transactions performed through the service or on the Internet generally. Njoi 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 Njoi be liable for any direct, indirect, incidental, special or consequential damages, damages for loss of profits (even if Njoi 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 Njoi Website any changes to the Njoi Website 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 Njoi Website or arising in connection with the fraudulent or unlawful acts of any third party.
5.5 You specifically agree that Njoi 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 Njoi Website , the materials available on or through the Njoi Service, Website or with the provisions of this TOU & Notices, you agree that your sole and exclusive remedy is to discontinue using Njoi Website or any of Njoi's other products and services.
5.7 Njoi will take reasonable measures to maintain the privacy and security of all private information provided by you to the Njoi Website, but third parties (such as hackers) may breach or attempt to breach Njoi's security measures or may gain unauthorized access to the Njoi database or other equipment containing your information. You agree that Njoi 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 Njoi Website or any other company equipment or user information.
6.1 You agree to indemnify, defend and hold Njoi, its officers, directors, employees, agents, shareholders, licensors, suppliers and any third party information providers to the Njoi Service and Website harmless from and against all losses, expenses, damages and costs, including attorneys' fees, resulting from any violation by you of this TOU & Notices or asserted by any third party due to or arising out of your use of or conduct on the Njoi Website.
6.2 The provisions of this paragraph are for the benefit of Njoi and its officers, directors, employees, agents, shareholders, licensors and suppliers to the Njoi Website. 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
7.2 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 Njoi 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. Njoi has no responsibility or liability for any merchant or your relationship with such merchant.
8. DISCLOSURE AND CONFIDENTIALITY
8.1 Njoi reserves the right to disclose any personal information about you or your use of the Njoi Service and without your prior permission if Njoi 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 Njoi 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 Njoi by you will generally NOT be treated as confidential.
9. PROPRIETORY RIGHTS
9.1 The Njoi Website, all images, text, graphics, logos, sound, programs and any other material ("Content") found on the Njoi Website are protected by trademark, copyright, or other intellectual property laws and international treaties. Any commercial use of the Njoi Website and Content found on the Njoi Website is strictly prohibited, without Njoi's express and prior written consent. Any reproduction or redistribution of Njoi Service, and Content found on the Njoi Website, not in accordance with the TOU herein is expressly prohibited by law, and may result in severe civil and criminal penalties.
9.2 Elements of the Njoi Website, 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 this Website may be copied or retransmitted unless expressly permitted by Njoi.
GRANT OF LICENSE AND RESTRICTIONS.
9.4 You acknowledge and agree that the Njoi Website and any necessary software used in connection with the Njoi Website ("the Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Njoi 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, use in connection with Njoi Service. The Software is made available solely for use by you in accordance with the terms of this TOU and the terms of any 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 terms of this TOU and any License Agreement.
The Software is "in use" on a computer when it is loaded into the temporary memory (i.e. RAM) or installed into the permanent memory (e.g., hard disk, CD-ROM, or other storage device) of that computer.
9.6 You may not copy the Software to any other server or location for further reproduction or redistribution. You may not reverse engineer, decompile, disassemble or modify the Software, except insofar as such restriction is prohibited by law.
9.7 Any reproduction or redistribution of the Software not in accordance with this TOU & Notices and any License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
9.8 Without limiting the provisions of Section 5 above, the Software is provided "as is," and Njoi hereby disclaims all warranties and conditions with regard to the Software, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.
TRADEMARKS AND THIRD PARTY MATERIALS.
9.9 Njoi 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 Njoi. Njoi do not control or endorse the content of third party websites.
10. NJOI MOBILE SERVICES
10.1 The Content provided on the Njoi Mobile Services are provided by Njoi 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, etc) and games (collectively referred to as the "Content") that you may download or stream to your mobile device, personal media player, mobile gaming 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.
10.2 You agree that you will be subject to an additional premium charges for any mobile downloads or streaming services made available on the Njoi Mobile Services. Such charges shall be made known to you on the Njoi Mobile Services from time to time. You will be charged accordingly with the charges for the downloads or streaming when a request is made even if the download or streaming is incomplete
10.3 The charges stipulated in clause 10.2 will be in addition to the standard fee charged by your mobile phone operator.
10.4 Njoi 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 as a result of any network, communication or system error, interruption and/or failure experienced by the participating mobile phone operators and/or by Njoi and/or resulting from participation or the downloading of any materials from the Njoi Mobile Services.
10.5 You agree that for the mobile downloads to be downloaded successfully to your mobile phone, your mobile phone must be compatible with and supports the downloaded item. Mobile phone compatibility information is provided on the Njoi Mobile Services, you are advised to read carefully before downloading any item. Njoi shall not be liable should you attempt to download an item onto an incompatible mobile phone and you agree that the charges stated in clause 10.2 above shall still apply under such circumstances.
10.6 If you are under the age of eighteen (18), you must seek parental and/or guardian approval before downloading the mobile downloads from the Njoi Mobile Services. Njoi considers it the responsibility of parents and/or guardian to monitor their children(s) use of the Njoi Mobile Services.
11.1 This TOU & Notices are governed by the laws of Malaysia, without reference to conflict of laws principles. Any dispute between you and Njoi regarding this TOU & Notices 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 Njoi Website shall, for the purpose of determining jurisdiction and applicable law, be deemed to have originated and been provided by Njoi in and from Malaysia.
11.2 This TOU & Notices contain the entire understanding between the parties hereto with respect to the Njoi Website, and supersedes all previous oral or written agreements or understandings between you and Njoi, 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& Notices) shall create any obligation or warranty on the part of Njoi not expressly stated herein. You may also be subject to additional terms and conditions that may apply when you use any services offered by the Njoi Group, 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 & Notices.
11.3 Njoi's performance of this TOU & Notices is subject to existing laws and legal process, and nothing contained in this TOU & Notices is in derogation of Njoi's right and obligation to comply with governmental, court and law enforcement requests or requirements relating to your use of the Njoi Website or information provided to or gathered by Njoi with respect to such use.
11.4 If any provision of this TOU & Notices is held invalid, the remainder of this TOU & Notices will continue in full force and effect, and If any provision(s) of the TOU & Notices 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 & Notices shall not be construed against any party as the principal draftsperson hereof. A printed version of this TOU & Notices and of any notice given in electronic form shall be admissible in judicial or administrative proceedings.
11.5 Njoi's failure to insist upon or enforce strict performance of any provision of this TOU & Notices shall not be construed as a waiver of any provision or right unless acknowledged and agreed to by Njoi in writing.
11.6 Notices to you shall not be modified, except by an express modification by Njoi 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 Njoi Service.
11.7 Njoi reserves the right to amend any of the provisions of this TOU from time to time. Amendments will be effective immediately upon notification on the NJOI website. Your continued use of the Njoi Website and participation of, the Njoi Services, will represent an agreement by you to be bound by this TOU & Notices as amended.
11.8 You may not assert any claim against Njoi in connection with the Njoi Website unless you have given Njoi 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 Njoi Website must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
11.9 Njoi 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 Njoi for any reason, please contact our Customer Service Centre at 03-9543 8100, from 8.00 am to 12.00 midnight daily.
*Terms & conditions at www.njoi.com.my Measat Broadcast Network Systems © 2014. All rights reserved.