Terms & Conditions
NSTP e-Media Subscriber Agreement for Newsbase and Factfiles
1. GENERAL RULES AND DEFINATIONS
1.1 This Subscriber Agreement, includes the Operating Rules
set forth herein for NSTP e-Media, an Internet service of
The New Straits Times Press (Malaysia) Berhad, with respect
to the Subscriber's use of NSTP e-Media service (the 'Service").
The subscriber must agree to abide by all the terms and conditions
contained in this Subscriber Agreement in order to become
or remain an authorized Subscriber of the Services.
1.2 Use of the service by the Subscriber constitutes the
terms and conditions of this Subscriber Agreement. NSTP reserves
the right at any time, to change, modify, add or remove any
portion of this Subscriber Agreement. Notification of changes
in the Services will be made by NSTP either by posted on the
Services or sent via e-mail, or postal mail.
1.3 IF ANY OF THE OPERATING RULES OR ANY FUTURE CHANGES ARE
UNACCEPTABLE TO THE SUBSCRIBER, OR CAUSE THE SUBSCRIBER TO
BE NO LONGER IN COMPLIANCE WITH THIS SUBSCRIBER'S AGREEMENT,
THE SUBSCRIBER MAY CANCEL SUBSCRIPTION BY SENDING E-MAIL TO
support@nstp.com.my (IN ACCORDING WITH CLAUSE 9 ON TERMINATION
OF SERVICES). SUBSCRIBER'S CONTINUED USE OF THE SERVICES NOW,
OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THESE
OPERATING RULES, WILL CONSTITUTE A BINDING ACCEPTANCE BY SUBSCRIBER
OF SUCH RULES, CHANGES, OR MODIFICATIONS.
1.4 NSTP e-Media may change, suspend or discontinue any aspect
of the Services at any time, including the availability of
any Service feature, database, or content without assigning
any reasons thereto the Subscriber. NSTP may also impose limits
on certain features and services or restrict the Subscriber
access to all of the Services or any parts of the Services
without notice or liability.
1.5 By completing and submitting this Registration Form,
you agree to be bound by each of the terms in this Subscriber
Agreement. By using the Services hereto, you shall be bound
to any changes or modification to these Services.
2. NSTP e-Media CONTENT AND SUBSCRIBER SUBMISSIONS
2.1 The contents of the Services which comprise of Newsbase
and Factfiles are intended for the personal, non-commercial
use of its registered Subscribers. The Services shall include
but without limitation to news articles and/or other materials
provided by NSTP e-Media from time to time at its own discretion
which are protected by copyright, owned or controlled by NSTP
e-Media, or the party credited as the provider of the content,
software, or other materials. The Subscriber shall abide by
all additional copyright notices, information, or restrictions
contained in the Services accessed through the Services.
2.2 The Services is protected under the Malaysian Copyright
Act 1987, International Copyright Conventions, and other copyright
regulations. The Subscriber may not modify, publish, transmit,
participate in the transfer or sale of, reproduction (except
as provided under this Subscriber Agreement), creating derivative
works, distributing, performing, displaying, or in any way
exploiting any of the materials or the Services in whole or
in part.
2.3 The Subscriber may download or copy the materials and
other downloadable items displayed on this Services for own
reference and personal use only provided that the Subscriber
maintains all copyright and other notices contained in the
Materials. The Subscriber shall not store any significant
portion of the materials owned by or licensed to NSTP e-Media,
in any form. Copying or storing of any of the materials for
other than personal use is expressly prohibited without the
prior written permission from NSTP e-Media.
3. LIMITS ON LIABILITY; INTERRUPTION OF SERVICE
3.1 NSTP e-Media will use its best reasonable efforts to
provide accurate news articles, but NSTP e-Media shall not
be liable, directly or indirectly, for any losses, damages
or claims made by or against the Subscriber arising or resulting
from the Services
or any errors or omissions in the Services.
3.2 The Payments due under Clause 7 below shall not be affected
by, nor shall NSTP e-Media be liable for any losses, damages
or claims resulting from the interruption or delay in the
transmission of the Services caused by mechanical or electrical
breakdown or interruption or such other causes beyond the
reasonable control of NSTP e-Media.
4. INFORMATION SUPPLIED
4.1 Information may be printed or downloaded for the Subscriber's
own reference/research purpose only. Information so copied
by the Subscriber may not be supplied or further copied to
be supplied in any manner whatsoever to any third party.
5. WARRANTY
5.1 NSTP e-Media does not at any time warrant that the Services
provided hereunder this Agreement shall be free from any failure
or malfunction nor guarantee that access to the Services will
always be immediate or uninterrupted.
5.2 NSTP e-Media does not at any time make any representations
to the accuracy, completeness, merchantability or fitness
of purpose of the information provided to the subscriber pursuant
to this Agreement hereto.
5.3 The Subscriber hereby undertakes to indemnify and hold
harmless NSTP e-Media against any liability, costs (including
legal costs), claims or damages incurred by NSTP e-Media in
any action by any third party against NSTP e-Media for passing-off
or for being in infringement (if any) of copyright, patent,
registered trademark or design or other intellectual property
rights of any other party. The Subscriber's obligations under
the above clause shall survive the termination of this Agreement
hereto.
5.4 The Subscriber undertakes to indemnify and hold harmless
NSTP e-Media from and against any losses, actions, costs (including
legal costs), claims or damages whatsoever arising as a result
of any breach of any of the obligations, terms and conditions
contained herein.
6. REGISTRATION AND SECURITY
6.1 The Subscriber shall provide to NSTP e-Media with accurate,
complete, and updated registration information. Failure to
do so shall constitute a breach of this Agreement, which may
result in immediate termination of the Subscriber's account.
6.2 The Subscriber shall notify NSTP e-Media at support@nstp.com.my
of any known or suspected unauthorized use(s) of the Subscriber's
account, or any known or suspected breach of security, including
loss, theft, or unauthorized disclosure of the Subscriber's
password or credit card information. The Subscriber shall
be responsible for maintaining the confidentiality of the
Subscriber's password.
6.3 Each Subscriber is responsible for all usage or activity
on NSTP e-Media's account, including use of the account by
any third party. Any fraudulent, abusement or misappropriation
or illegal usage would entitle NSTP e-Media to terminate the
Subscriber's account, at any time.
7. FEES AND PAYMENTS
7.1 The Subscriber shall pay the registration fees and charges
incurred to NSTP e-Media through the Subscriber's account
as per the effective rate at the time of the billing period
based on such fees and charges as incurred, including, but
not limited to charges for any products or services offered
for sale through the Services by NSTP e-Media. All fees and
charges shall be billed to and paid for by the Subscriber.
The Subscriber shall pay all applicable taxes relating to
the use of the Services through the Subscriber's account.
The Subscriber's right to use the Services is subject to limitations
imposed by NSTP e-Media based at its sole discretion.
7.2 The registration fees for this subscription paid in advance
by the Subscriber to NSTP e-Media shall not be refundable
for whatsoever reason including in the event of termination
referred to in Clause 9.
7.3 A subscription fee in addition to the registration fee
shall be paid by the Subscriber monthly.
8. PREPAID SUBSCRIBERS (Cheque/Money Order/Postal Order/Telegraphic Transfer/Credit Card)
8.1 NSTP will safeguard subscribers personal details for
security purposes and will discard all information upon termination
of subscription for prevention of unforseen circumstances.
8.2 All fees and charges which shall be provided in advanced
by the users to NSTP shall not be refundable.
9. COMMUNICATIONS BETWEEN NSTP AND SUBSCRIBERS
9.1 NSTP e-Media reserves the right at all times to send
electronic mail to any and all the Subscribers, for the purpose
of informing them of any changes or any additions related
to the Services products and the Services or any other related
information thereof.
9.2 NSTP e-Media shall notify the Subscriber with One (1)
month's written notice (if any) in relation to:-* price changes,
or
* material changes to any terms or conditions of this Subscriber
Agreement.
9.3 NSTP e-Media reserves the right to disclose any information
on the Subscriber's usage of the Services and demographics
in a manner without revealing the Subscriber's personal identities.
10. TERMINATION
10.1 The Subscriber may terminate its account at any time
by giving One (1) month written notice, to NSTP e-Media or
sending e-mail to support@nstp.com.my. The termination shall
come into effect upon the Subscriber receiving a confirmation
via e-mail from NSTP e-Media that the notification has been
accepted. Termination by the Subscriber shall not release
the Subscriber's responsibility to settle all charges incurred
prior to termination.
10.2 NSTP e-Media may at its sole discretion at any time
terminate or suspend the Subscriber's access immediately without
prior written notice to all or part of the Services for any
reasons whatsoever.
11. VOLUNTARY SUSPENSION
11.1 The Subscriber can request in writing to NSTP e-Media
for voluntary suspension and NSTP e-Media shall have the absolute
discretion to consider and approve such suspension without
having to assign any reasons whatsoever to the Subscriber.
11.2 The Subscriber has to send confirmation via e-mail or
writing to reactivate their account to NSTP e-Media.
12. FORCE MAJEURE
12.1 Neither party shall be liable in damages or have the
right to terminate this Agreement for any delay or default
in performing its respective obligations under this Agreement
if such delay or default is caused by conditions beyond its
control, including, but not limited to, acts of God, catastrophes,
government restrictions, wars, insurrections, strikes, fires,
floods or work stoppage; PROVIDED HOWEVER that if such delay
or default shall exceed three (3) months and the delay or
default continues, either party may terminate this Agreement
immediately. Termination by virtue of this clause does not
however effect NSTP e-Media's right to demand for whatsoever
changes accrued by NSTP e-Media prior to termination hereof.
13. ARBITRATION
13.1 In the event there be any dispute between the parties
regarding this Agreement or the Services provided herein all
parties involved shall make every attempt to settle the dispute
matter amicably without reference to a neutral party. In the
event that all attempts to settle the dispute amicably are
exhausted both parties to this Agreement hereto, may then
refer the dispute to an arbitrator from the Kuala Lumpur Regional
Centre for arbitration.
14. GOVERNING LAWS
14.1 This Subscriber Agreement shall be construed and enforced
in accordance with Laws of Malaysia.
15. NOTICES
15.1 All notices which are required to be served on either
party shall be via e-mail and shall be deemed to be sufficiently
served if sent by A.R. Registered, posted by ordinary mail,
faxed, telexed or personally hand delivered. For the purpose
of this clause, the mailing address for NSTP e-Media shall
be as follows:-
Customer Support Unit
NSTP e-Media Sdn Bhd
The New Straits Times Press (Malaysia) Berhad
Balai Berita, 31, Jalan Riong
59100 Kuala Lumpur
Malaysia
16. TIME
16.1 Time shall be the essence of this Agreement.
17. TRANSFER OR ASSIGNMENT OF RIGHTS
17.1 The Subscriber shall not transfer or assign any of the
subscription rights or obligations contained hereunder to
any third party without NSTP e-Media's prior written consent.
18. NO WAIVER
18.1 The failure of either party at any time to require performance
by the other party of any provision of this Agreement shall
in no way affect the right of either party thereafter to enforce
the same provision, nor shall the waiver by either party of
any breach of any provision herein be held or taken to be
a waiver of any succeeding breach or as a waiver of the provision
itself.
19. ENTIRE AGREEMENT
19.1 This Agreement constitutes the entire agreement of the
parties hereto and no amendments or modifications shall be
binding unless reduced in writing and signed by both parties.
20. NO BINDING EFFECT
20.1 No agreement or understanding, varying or extending
this Agreement will be binding upon either party hereto unless
made in writing and signed by duly authorized officers or
representatives of the respective parties.
21. SUPERCEDES
21.1 This Agreement shall supercede all previous arrangement
or agreement whether oral or written entered into by the parties
hereto prior to this Agreement.
I/we agree to the above terms and conditions for subscription
to NSTP e-Media. |