Website Terms of Use

Personal Data and Privacy
To learn about how MBNS collects and protects your personal data, please refer to our Privacy Policy. Any non-personal information or material sent to MBNS by you generally will NOT be treated as confidential.

1. Acceptance of Terms - General

1.1 The use of the Website is subject to this Website Terms of Use & Notices ("TOU & Notices"). By accessing and using the Website, you agree to be bound by this TOU and any Notices (which term shall include guidelines and rules) which may be posted by MBNS on the Website from time to time.
1.2 You agree that MBNS may modify and amend this TOU & Notices at any time without notice. All such modifications and amendments are hereby incorporated by reference into the TOU & Notices.  You are responsible for regularly reviewing the TOU & Notices posted on the Website. By continuing to use the 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 Website home page and browse the Website without disclosing your personal data. The service and links of the 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 its use as set out in this TOU & Notices, the Privacy Policy and the Privacy Notice. By submitting your information you consent to these transfers.

Definitions

"Account" means the isooka account that the Customer will have to create on the Website prior to the submission of any Order on the Website.

"Astro Group" shall mean any person or entity controlling, controlled by, or under common control with MBNS ("Control means ownership of shares carrying 50% or more of the votes exercisable at a general meeting (or its equivalent) of a company).

"Business Day" means any day in which commercial banks are open in the State of Kuala Lumpur.

"Customer/Customers" means the person who places an Order at the Website and purchases a Product from MBNS.

"MBNS", "our", "we" or "us" means Measat Broadcast Network Systems Sdn. Bhd. (Company Number:240064-A ), a private limited company incorporated in Malaysia and having its registered address at All Asia Broadcast Centre, Technology Park Malaysia, Bukit Jalil, 57000 Kuala Lumpur.

"Order" means any order submitted by a Customer through the Website in relation to the purchase of a Product.

"Product" means any product, goods, item, merchandise or services that are displayed on the Website.

"Services" shall mean the use and access to the Website and/or the provision of the sale of the products displayed on the Website by MBNS to the Customer.

"Website" means the online shopping portal www.isooka.com(website), m.isooka.com(mobile website) and/or any mobile applications/mobile interface, applications and services provided by MBNS or its subsidiaries/affiliates which provides a venue/platform to the users of the Website to purchase the Products displayed on the Website.

"You" and "Your" shall mean any user of the Website which shall include the Customer, and "yours" shall be interpreted accordingly.

2. Registration, Use and Security

2.1 To be a registered Customer on the Website, you must provide the information required in the registration form on the Website. You will need to provide a unique password and e-mail address upon completing the Account registration process. You are responsible for maintaining the confidentiality of your password and e-mail address and are fully responsible for all activities that occur under your password or e-mail address whether or not actually or expressly authorised and/or used by you.
2.2 MBNS reserves the right to terminate any dormant Account that has not been used for a period of six (6) months or longer.
2.3 Information on the Website may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. MBNS may also make improvements and/or changes to the Website at any time without notice.
2.4 You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the 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 MBNS suspects that such information is untrue, inaccurate, not current or incomplete, MBNS reserves the right to suspend or terminate your Account and refuse any and all current or future use of the Website (or any part thereof).
2.5 The 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 Website and assume all risk associated therewith.
2.6 The Website may not be available to be accessed from all regions and countries of the world. MBNS reserves the right, in our sole discretion, to limit or terminate your ability to access the Website from certain regions or countries, and you assume all risk associated with the accessibility of the Services, Website from any given region or country of the world.
2.7 MBNS reserves the right to limit or prohibit your entry into the 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 Website only for lawful purposes and in accordance with this TOU & Notices.
3.2 You agree to (a) notify MBNS immediately of any unauthorised use or any other breach of security, and (b) ensure that you exit from your Account at the end of each session. MBNS cannot and will not be liable for any loss or damage arising from your failure to comply with this provision.
3.3 Your Account is not transferable and may not be assigned to any third party. The 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 Website to any other party; or (b) make commercial use of the Website without the express written consent of MBNS.
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 Services. 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 Website in any manner that could damage, disable, overburden, or impair the Website (or the network(s) connected to the Services) or interfere with any other party's use and enjoyment of the Services. You may not attempt to gain unauthorized access to the Website and other Accounts, computer systems or networks connected to the 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 Website.
3.6 You agree to be responsible for payment of any charges that MBNS may stipulate from time to time and all applicable charges incurred as a result of your use of the Services, including but not limited to the use or misuse by an unauthorised third party, or any error, accidental use or loss.
3.7 You will not post or transmit through the Website any defamatory, harmful, obscene, threatening, pornographic, malicious, libellous, abusive, insulting, offensive 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, anxiety 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 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 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 Website. Unless we tell you otherwise, all prize draws and competitions offered via the Website are not open to anyone outside Malaysia.
3.11 You will not do anything that affects the operability or security of the Website or causes unreasonable inconvenience or offence or disruption to our staff.

4. Termination Access / Restriction

4.1 You may terminate and close your Account by e-mailing MBNS at customersupport@iSooka.com from the e-mail address provided by you at the time you opened your Account. Your e-mail must specify your e-mail address, and expressly state that you wish to terminate your Account.
4.2 Without limiting anything herein contained, MBNS reserves the right to terminate the Website and your use of the Account at any time without notice and for any reason.
4.3 In addition to any termination rights MBNS may have under this TOU & Notices, MBNS reserves the right to suspend or terminate your access to the Account and/or access to the Website without notice if:
 
4.3.1 MBNS, at its sole discretion, ceases to offer any free, trial, or promotional Products, but such termination or suspension shall solely relate to such Products.
4.3.2 For inactivity, which is defined as failing to log into your Account for extended period of time as specified in Section 2.2.
4.3.3 MBNS 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;
(b) entering invalid or apparently invalid user information for your 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 Website and/or your Account.
4.3.4 You materially violate this TOU or any Notice posted from time to time on the Website, any applicable law, rule or regulation relating to the use of the Services.
4.3.5 Any law, regulation, or governmental action renders all or any portion of the Website (or your use of the Services) unlawful or impracticable.
4.3.6 Your use of your Account or the Website impairs or threatens to impair the integrity, operability or functionality of the Website and/or the MBNS network in any manner.
4.3.7 If MBNS believes that you have violated or acted inconsistently with the letter or spirit of this TOU & Notices.
4.4 You agree that MBNS shall not be liable to you or any third party for any termination of your access to the Website or your Account.

5. Disclaimer and Limitation of Liability

5.1 MBNS makes no warranty that the Website will meet your requirement or that the Website will be secure, timely, uninterrupted or error free, or that any data, content, information, software or other material accessible on or through the Website or your Account 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 Website for the reconstruction of any lost data. All use of the Website is at your own risk and you are solely responsible for all damages resulting therefrom.
5.2 The 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, MBNS 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 Website and transactions performed through the service or on the Internet generally. MBNS 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 MBNS be liable for any direct, indirect, incidental, special or consequential damages, damages for loss of profits (even if MBNS 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 Website, any changes to the 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 Website or arising in connection with the fraudulent or unlawful acts of any third party.
5.5 You specifically agree that MBNS is not responsible or liable for any threatening, defamatory, obscene, offensive, harmful, pornographic, insulting, malicious, libellous, abusive, or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property, confidentiality and privacy rights.
5.6 If you are dissatisfied with the Website, the materials available on or through the Services, the Website or with the provisions of this TOU & Notices, you agree that your sole and exclusive remedy is to discontinue using the Website, the Account and/or the Services.
5.7 MBNS will take reasonable measures to maintain the privacy and security of all private information provided by you to the Website, but third parties (such as hackers) may breach or attempt to breach MBNS's security measures or may gain unauthorized access to MBNS database or other equipment containing your information. You agree that MBNS 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 Website or any other company equipment or user information.

6. Indemnity

6.1 You agree to indemnify, defend and hold MBNS, its officers, directors, employees, agents, shareholders, licensors, suppliers and any third party information providers to the Services and the 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 Website.
6.2 The provisions of this paragraph are for the benefit of MBNS and its officers, directors, employees, agents, shareholders, licensors and suppliers to the 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. Link to Third Party Sites

7.1 The Website may contain links to third party websites ("Linked Websites") and include advertisements. You agree that Linked Websites and advertisements are necessary for MBNS to provide the Services. Such links and advertisements are provided to you only as a convenience. MBNS shall not be responsible if the Linked Website is not working appropriately. MBNS has no control over such websites and resources and shall not be responsible for the contents of any Linked Website or advertisement, including without limitation any link contained in a Linked Website and does not endorse any content, advertising, products, or other materials on or available from such websites or resources. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Websites, and for taking precaution to ensure that whatever you select for your use is free of viruses, worms, trojan horses and other items of a destructive nature.
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 MBNS 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. MBNS has no responsibility or liability for any merchant or your relationship with such merchant.

8. Disclosure and Confidentiality

8.1 MBNS reserves the right to disclose any personal information about you or your use of the Services and without your prior permission if MBNS 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 MBNS or its holding, subsidiary or affiliated company; (3) enforce this TOU & Notices; or (4) act to protect the interests of its members or others.
8.2 Any non-personal information or material sent to MBNS by you will generally NOT be treated as confidential.
8.3 For further details on use and disclosure of your personal information please see our Privacy Policy.

9. Proprietary Rights

9.1 Copyright
 
9.1.1 The Website, all images, text, graphics, logos, sound, programs and any other material ("Content") found on the Website are protected by trademark, copyright, or other intellectual property laws and international treaties. Any commercial use of the Website and Content found on the Website is strictly prohibited, without MBNS's express and prior written consent. Any reproduction or redistribution of the Services, and Content found on the Website, not in accordance with the TOU & Notices herein is expressly prohibited by law, and may result in severe civil and criminal penalties.
9.1.2 Elements of the 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.
9.1.3 No logo, graphic, sound or image from this Website may be copied or retransmitted unless expressly permitted by MBNS.
9.2 Grant of License and Restrictions
 
9.2.1 You acknowledge and agree that the Website and any necessary software used in connection with the Website ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. MBNS reserves all rights in the not expressly granted herein, including without limitation ownership and proprietary rights.
9.2.2 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 the Services. The Software is made available solely for use by you in accordance with the terms of this TOU & Notices 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 & Notices 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.
9.2.3 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.
9.2.4 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.
9.2.5 Without limiting the provisions of Section 5 above, the Software is provided "as is," and MBNS 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.
9.3 Trademarks and Third Party Materials
  MBNS reserves all rights in its corporate names, service marks, logos, trade names, trademarks, websites and domain names (collectively "Marks") and nothing in this TOU & Notices 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 MBNS. MBNS and the Astro Group do not control or endorse the content of third party websites.

10. Mobile Services

10.1 The Content provided on the Website’s mobile services (if any) are provided by MBNS 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, astrology 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 Website mobile services. Such charges shall be made known to you on the Website’s 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 Section 10.2 will be in addition to the standard fee charged by your mobile phone operator.
10.4 MBNS 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 MBNS and/or resulting from participation or the downloading of any materials from the Website 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 Website’s mobile services. You are advised to read carefully before downloading any item. MBNS shall not be liable should you attempt to download an item onto an incompatible mobile phone and you agree that the charges stated in Section 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 Website mobile services. MBNS considers it the responsibility of parents and/or guardian to monitor their children(s) use of the Website mobile services.

11. General

11.1 This TOU & Notices are governed by the laws of Malaysia, without reference to conflict of laws principles. Any dispute between you and MBNS 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 Website shall, for the purpose of determining jurisdiction and applicable law, be deemed to have originated and been provided by MBNS in and from Malaysia.
11.2 This TOU & Notices contain the entire understanding between the parties hereto with respect to the Website, and supersedes all previous oral or written agreements or understandings between you and MBNS, 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 MBNS 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 Astro 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 MBNS'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 MBNS’s right and obligation to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by MBNS 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 MBNS'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 MBNS in writing.
11.6 Notices to you shall not be modified, except by an express modification by MBNS 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 Website.
11.7 MBNS reserves the right to amend any of the provisions of this TOU & Notices from time to time. Amendments will be effective immediately upon notification on the Website. Your continued use of the Website and participation of, the 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 MBNS in connection with the Website unless you have given MBNS 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 Website must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
11.9 Nothing in this TOU & Notices shall create or be deemed to create a partnership, joint venture or an agency relationship between you and MBNS.
11.10 MBNS may assign its rights and duties under this TOU & Notices to any party at any time without notice to you and this TOU & Notices 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 & Notices, or if you desire to contact MBNS for any reason, please contact our Customer Service Centre at customersupport@iSooka.com from 9am to 12midnight every day.