Bitsmedia Holdings Ltd, its subsidiaries, affiliates and associated companies (“Bitsmedia”, “We”, “Us”, or “Our”) are the publishers, developers, owners and/or controllers of the following mobile application and streaming service:-
A. Muslim Pro, a utility and information mobile application which provides inter alia prayer time, azan clock, full audio Quran with Arabic scripts, phonetics, translations, audio recitations, halal restaurants and mosque guide, qibla locator, Islamic Hijri calendar including other services, information, functions and features made available through the application (“Muslim Pro”). Muslim Pro currently offers two versions of the app, namely:-
(i) a free app that is supported by advertisements; and
(ii) a paid premium service without advertisements (“Muslim Pro Premium”),
(Collectively referred to as “Muslim Pro”).
B. Qalbox, a worldwide interactive streaming platform for users to access and view personalised content such as television shows, movies, videos and other Muslim lifestyle and entertainment audio-visual content (“Content”), including all associated features, functionalities, tools, user interfaces, content, proprietary software or other services offered on the platform from time to time (“Qalbox”).
These Terms of Use (“TOU”) applies when you (“you”, “your”, “User”) use bitsmedia.com,muslimpro.com, qalbox.com, Muslim Pro branded applications and all Our related sites, communications and services (collectively, “Our Services”). Please take the time to read these TOU and the Other Agreements carefully.
1. OTHER AGREEMENTS
a. Our Privacy Policy – describing how We collect and process your personal data, how We use and protect this information and your associated rights to this information;
b. Our Cookies Policy – describing the cookies used on Our Services, why We use it and how you can control its use;
c. Our Disclaimers – describing the scope of your rights and responsibilities when using Our Service.
You acknowledge that you have read, understood and accept these Other Agreements and agree to be bound by them.
2. USE OF OUR SERVICES
2.1 Compliance with TOU. Your access to and use of Our Services are subject to these TOU, the Other Agreements you agree to at Section 1 above and any applicable laws, rules and regulations as it applies to Our Services.
2.2 Age Requirements. Although We do provide content suitable for children, Our Services are not intended to be used by children without supervision and approval of a parent or guardian. If you are under 13 years of age (or the age of majority in your state, territory or country of residence) you are not permitted to register or use Our Services or provide your personal data to Us.
2.3 Binding Agreement. By registering to Our Services or accessing any Content, you enter into a binding agreement with Us and confirm that any information you provide Us is true, accurate and complete at all times, and that you are either:
a. 18 years of age (or the age of majority in your state, territory or country of residence), you consent and you agree to be bound by these TOU and Other Agreements; or
b. 13 years of age, but under 18 years of age (or under the age of majority in your state, territory or country of residence), that your parent or guardian has consented to your use of Our Services and access to any content. Such consent shall also include consent and agreement to these TOU and Other Agreements given on your behalf (including any modifications you made to your account with Us).
2.4 Operation and Use of Account. You are responsible for all use of your account, including use of your account by other members of your household or acquaintances. By allowing others to access your account or to create profiles within your account, you agree to be responsible for ensuring that they comply with these TOU and Other Agreements and you agree to be responsible for their activity while using Our Services.
2.5 Accurate Data. You confirm and warrant that all the data and information you supply to Us are accurate in all respects and you agree to promptly update your said registration data whenever necessary, so that your said registration data remains accurate at all times.
2.6 Software Updates. By downloading, installing or using Our Services, you agree to receive automatic software updates (as applicable).
2.7 Malware. You must not intentionally or recklessly introduce a virus or other harmful component, or otherwise tamper with, impair or damage Our Services or connected network, or interfere with any person or entity’s use or enjoyment of Our Services .
3. LICENSE AND RESTRICTION ON USE
3.1 License. We grant you a non-exclusive, non-transferable, non-sub-licensable, revocable, limited license to use Our Services, solely for your own personal use and non-commercial purposes in accordance with these TOU.
3.2 Restrictions. You must NOT under any circumstances use Our Services to:
a. copy, capture, reproduce, duplicate, archive, sell, distribute, upload, transmit, publish, modify, translate, broadcast, perform, display, make available and communicate to the public, publicly display, rent, lease, export, publish or otherwise reproduce Our Services or any part thereof in any form by any means;
b. adapt, modify, decompile, disassemble, transform any of Our Services in any media format or channel now known or hereafter devised and/or reverse engineer Our Services or any part thereof;
c. circumvent any copyright, trademark, or other proprietary notices marked on Our Services or any digital rights management mechanism, device, or other content protection or access control measure associated with Our Services including geo-filtering mechanisms or any privacy, publicity or other proprietary rights;
d. create any derivative works or materials that otherwise are derived from or based on Our Services, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise. This prohibition applies even if you intend to give away the derivative materials free of charge; and/or
e. The above restrictions include without limitation any text, graphics, layout, interface, logos, photographs, audio and video materials, and stills.
3.3 Misuse. You agree that you will not misuse the content of Our Services you access and view, including without limitation to downloading/ storing the content of Our Services by illegal/ non-permitted means, or infringing any of Bitsmedia’s, Bitsmedia’s affiliates or its licensors’/or any third party’s copyright, trademark, design, patent and/or other intellectual property including any rights of Bitsmedia, Bitsmedia’s affiliates or its licensors’ or any third party subsisting in the content of Our Services.
3.4 Third Party Terms of Use. You may encounter third-party applications while using Our Services which may include, without limitation, websites, widgets, software, and/or services that interact with Our Services. Your use of these third-party applications shall be subject to such third-party terms of use or license terms. We shall not be liable for any representations or warranties or obligations made by such third-party applications to you under contract or law or otherwise.
3.5 Reservation of Rights. We reserves all rights not granted hereunder. Any breach of the requirements or restrictions in these TOU shall result in immediate and automatic termination of all rights and licence granted hereunder.
4. SUBSCRIPTION TO MUSLIM PRO PREMIUM AND QALBOX (*where applicable)
4.1 Subscription. Muslim Pro Premium and Qalbox content are made available and can be accessed only by registered users who have registered for a subscription plan (“Subscription”). Unless otherwise specified by Us or Our authorised partners, the price applicable for various subscription plans are available on Our Services.
4.2 Taxes and other charges. The Subscription Fee specified for each Subscription do not include any excise, sales, use or like taxes. You agree and acknowledge that the Subscription Fee are subject to increase by the amount of any such tax (excluding tax on net income) that We may be required to collect or pay upon the sale or delivery of Our Services purchased hereunder. You agree and acknowledge that you are responsible for all third-party internet access charges, bank charges and taxes not included within the Subscription Fee in connection with your use of Our Service, which may differ based on your service provider.
4.3 Payment Method. You may be required to provide certain personal information to Us for the purposes of making payments (“Subscription Fee”) through your account with a third party accepted on Our Services (“Payment Method”). You agree to the terms and conditions applicable to the Payment Method you had chosen. Payment Methods may vary by service, and may include credit or debit card, and/or other methods.
4.4 Accuracy of Payment Information. You acknowledge and agree that you are solely responsible for the accuracy of the payment information you provide including the bank account number/ credit card details and any other information necessary to complete the subscription process. You represent and warrant that you have the right to use any credit card or other payment information (including relating to any Payment Method) that you submit. We shall not be held liable and shall not be held responsible for any losses incurred whatsoever, whether direct, indirect, incidental or consequential, including without limitation any losses due to delay in processing of payment instruction or any credit card fraud.
4.5 Invoice. An invoice will be sent to you via your email provided during registration process once payments are effected through any of the Payment Method and confirmation of receipt of such payment from the payment process provider, unless such invoice is provided to you by the payment process provider.
Third Party Processing Portal. You acknowledge that We use a third-party payment processing portal to process and facilitate the payment of your Subscription Fee. We will notify you if you have successfully completed your Subscription. WE DO NOT COLLECT, ACCESS, STORE OR PROCESS ANY CREDIT OR DEBIT CARD INFORMATION EXCEPT TO THE LIMITED EXTENT PROVIDED IN OUR PRIVACY POLICY. PLEASE ALSO READ THE PRIVACY POLICY ON THE PAYMENT PROCESSOR’S WEBSITE REGARDING THE USE, STORAGE AND PROTECTION OF YOUR CREDIT OR DEBIT CARD INFORMATION BEFORE SUBMITTING ANY CREDIT OR DEBIT CARD INFORMATION.
5. CODE TERMS
5.1 If you have purchased or received a pre-paid coupon, voucher code, gift card or other offer provided or sold by or on behalf of Us for redemption of a Subscription for access to Our Services (“Codes”) shall, to the extent applicable, be subject to such third party terms and conditions including for the subscription period, cancellation policy, refund and payment policy. If you do not have an existing account, you will be required to create an account and accept these third party terms prior to redemption and access to Our Services.
5.2 All Codes are subject to the following conditions, restrictions and limitations:
a. Codes are issued for one-time use only and shall automatically become invalid upon successful redemption;
b. Codes cannot be re-sold, refunded, exchanged or traded for cash, or for services or for any other consideration with any third-party;
c. We reserve the right to cancel or withdraw the validity and use of Codes without notice for any of the following reasons: (i) actual or attempted fraud ; (ii) improper use; (iii) breach of terms and conditions governing the use of Codes; and/or (iv) to reasonably safeguard or protect Our interests; and
d. We are not responsible for any lost, stolen or expired Codes.
6. PAYMENT, RENEWALS AND CANCELLATION
6.1 Payment Method. For payment using credit cards or such other Payment Method, you expressly authorise Us to automatically charge your selected Payment Method for the full Subscription Fee at the time you request the applicable Subscription and in accordance with these TOU. You acknowledge that for some Payment Method the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, We reserve the right to retry billing your Payment Method and/or may suspend your access to the Subscription until We have successfully charged a valid Payment Method.
6.2 Changes to Subscription. We reserve the right to change the terms of Subscription including price from time to time. We will make commercially reasonable attempt to provide you advance notice should We change your Subscription including the Subscription period, Subscription Fees and/or your billing cycle. You may cancel your Subscription if you do not agree with any changes. By continuing to use Our Services after the change takes effect, you accept the changes including the new prices and charges. Cancellation of your Subscription shall take effect either before or at the end of the current Subscription period. Any changes to your Subscription Fee or your billing cycle will take effect either before or only after the end of the current Subscription period for which you have already been billed. Accordingly, the revised Subscription Fee or billing cycle shall be adjusted or shall take effect only after the end of the current Subscription period through the Payment Method made available and selected by you.
You may change your Subscription at any time. You acknowledge and agree that changing your Subscription could result in changing the day on which you will be charged and the amount for which you are charged. We may at Our sole discretion, allow you to change your existing Subscription to another (with a longer period). In such circumstances, you will be required to pay the difference for the new Subscription which will be charged accordingly. We will make commercially reasonable attempt to notify you in advance of the change in the Subscription Fee payable. The new Subscription will be effective from the date on which you select the new Subscription. For the avoidance of doubt, We do not provide any refunds in the event that the Subscription Fee of your new Subscription costs lesser than your existing Subscription.
6.3 New credit card. Whenever you add a new credit card to your account, a small authorisation charge may be deducted by your issuer as a one-time charge to verify that your account is active. The amount will be refunded to you automatically. Your issuer will process your refund within 30 (thirty) days or such period as determined by them.
6.4 Auto Renewals. When signing up for a Subscription, you agree that your Subscription will be automatically renewed on a recurring basis corresponding to your initial Subscription period, unless you cancel your Subscription (see Section 6.5) or authorize Us to charge your Payment Method for the renewal term without notice to you or unless required by applicable law. The period of auto-renewal will be the same as your initial Subscription period. The renewal rate will remain the same as your Subscription which excludes any promotional and discount pricing, unless otherwise notified prior to your auto-renewal, in which case you will have the right to cancel the renewal of your Subscription. Please note that some Payment Methods may not be available for all subscription plans. If your Payment Method is not charged automatically at the time of your Subscription renewal, you will be required to make payment for the Subscription Fee should you wish to continue with your Subscription. You understand and acknowledge that not all Payment Methods will be charged for automatic renewal and your Subscription may NOT be automatically renewed at the end of your Subscription period.
6.5 Cancellation. Your Subscription will continue until you cancel it or your Subscription period has expired or it is terminated by Us in accordance with these TOU. You must cancel your Subscription before your next renewal date in order to avoid being charged the next billing amount, however, you will continue to have access to your Subscription until the end of the Subscription period. If you cancel your Subscription, your cancellation will be effective at the end of your current subscription period. To cancel, visit your account “Profile Settings” page on Qalbox site and cancel the Subscription. If you pay for the Subscription with a third party (such as Apple App Store or Android Play Store), you may need to cancel the Subscription with such third party.
6.6 Non-Refundable. EXCEPT AS DESCRIBED ABOVE, PAYMENT ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. At any time, for any reason whatsoever, We may provide a discount, or other consideration to some or all Users who have purchased Subscription (“Credits”). The amount and form of such Credits, and the decision to provide them, are at Our sole and absolute discretion. The provision of Credits in one instance does not entitle you to Credits in the future for similar instances, nor does it oblige Us to provide Credits in the future, under any circumstance. We shall not be responsible for Users being double charged if they choose to subscribe to more than one Subscription plan at the same time.
7. SUBCRIPTION PLANS – TRIALS
7.1 From time to time, We may offer you a free trial subscription for specified duration without payment or at a reduced rate after you register with Our Services (“Trial”), subject to your acceptance of specific terms governing such Trial. You agree that We may automatically begin to charge periodic subscription fees (and any applicable fees and taxes) to your account for the Subscription upon expiry of the Trial on the first day following the end of the Trial on a recurring monthly basis or another interval that We disclose to you in advance. If you do not want this charge, you must cancel the Subscription before the end of the Trial (see Section 6.5). To view the periodic subscription fees and end date of the Trial, visit your account “Profile Settings” page on Qalbox site and if you subscribe with a third party (such as Apple App Store or Android Play Store), you may visit their “Subscription Settings” to view the Trial information.
A Trial may only be used once per registered account. We reserve the right in Our sole discretion to limit eligibility or duration of Trial, to withdraw, or modify the terms and conditions of the Trial at any time without prior notice, and with no liability to the extent permitted under applicable law. Restrictions may apply with respect to combining Trial with other offers.
8. ADDITIONAL QALBOX TOU (*Applicable to only Muslim Pro Users who use Qalbox)
8.1 Accessing Qalbox. At Our sole discretion, Qalbox may be made available to you through different modes, including video on demand, through streaming and/or live streaming and/or temporary download for offline viewing. To access Qalbox, you will need to use a computer, mobile device, streaming media player or other device that meets the requirements as set by Us from time to time (each, a “Compatible Device”). Please take note that Compatible Device may be subject to additional terms and the feature and functionalities that We make available may also vary depending on the Compatible Device and the terms of your Subscription.
8.2 Temporary Downloads. Qalbox content may be available for Temporary Downloads (as defined below). Such Temporary Downloads may be limited to certain Compatible Device. If you have reached the maximum number of Compatible Device per account, you will not be permitted to download to an additional device. At Our discretion, the length of time that certain temporary downloads remain available to you for offline viewing may change from time to time.
Depending on the subscription plan you subscribed to, We may give you the option to temporarily download certain Qalbox content on certain Compatible Device to watch offline (“Temporary Downloads”). Some limitations that may occur include: (a) the maximum number of Compatible Devices that can store Temporary Downloads; (b) the maximum number of Temporary Downloads that can be stored across Compatible Device at any given time; (c) how long Temporary Downloads will remain available to you; and (d) geographical location and device restrictions on playback.
8.3 Content Quality. The quality of streaming of Qalbox content may vary between Compatible Device, and may be affected by a variety of factors, such as your location and your internet connection etc. Qalbox may use various technologies to provide you with an optimal viewing experience. The quality of Qalbox content, including resolution, may be affected by the format of the Qalbox content, your location, the speed and bandwidth of your internet service, and the types of Compatible Device used, among other factors, HD and 4K Ultra HD availability for supported Qalbox content depends on your internet service and the capabilities of your Compatible Device. As such, We make no representations or warranties about the quality of your watching experience on your display in these respects. You are responsible for all internet access charges.
8.4 Right to Change, Modify or Remove Content. We reserve the right to change, modify, enhance, amend or remove any specific content on Qalbox as We deem fit and necessary at any time without notice. We do not guarantee the availability of any specific content on Qalbox and the availability of, and/or your ability to access content on Qalbox: (a) is subject to your compliance with these TOU and at Our sole discretion; (b) depends on your geographical location and We may use different technologies and methods to verify and ascertain your geographic location; and (c) is on the condition that not all content on Qalbox may be available to all Users.
8.5 Worldwide Access. Subject to Section 8.4, you may access and view content of Qalbox worldwide as long as you are a Subscription User. As explained in Our Privacy Policy, We may monitor or use different technologies and methods for the purposes of personalising or otherwise customising your experience (i.e. providing you with content based on your search, interest and preferences).
8.6 Promotional and Experimental Features. As part of Our initiative to constantly find ways to improve and enhance Qalbox, We may introduce, change or otherwise offer certain features or other elements to Qalbox, including promotional features, user interfaces and pricing. In such event, We may require you to upgrade or reinstall Our Services for your continued use. Your use of any updates, modifications to, or updated versions of Our Services shall be governed by these TOU and any additional terms you agree to when you install such update.
8.7 Content Disclaimer. Content available on Qalbox may elicit varying reactions among different people or amongst communities of the Muslim faith of different sect, ideology or denomination. You may come across Qalbox content that you may find offensive, indecent, explicit or objectionable. We provide content ratings, types, genres, categories, descriptions and/or disclaimers as suggestions to help with navigation and for informational purposes. You acknowledge these risks and accept your responsibility for making your own choices regarding what Qalbox content is appropriate for you or your family and audience.
9. NO WARRANTY
9.1 Our Services and all information, materials, services and functions contained therein including,
software, programs, data, databases, text, graphics, photographs, animations, audio, music, video, links or other materials, are provided “as is” and “as available”. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESS OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS OR OTHER MALICIOUS, DESTRUCTIVE OR CORRUPTING CODE, AGENT, PROGRAM OR MACROS, IS GIVEN IN CONJUNCTION WITH OUR SERVICES OR ANY INFORMATION AND MATERIALS PROVIDED THROUGH OUR SERVICES. Without prejudice to the generality of the foregoing, We do not warrant: (i) the accuracy, timeliness, adequacy or completeness of the information, materials, services and/or functions provided through Our Services; (ii) that your use of and/or access to Our Services or any information or any materials provided through Our Services, or the operation of the platform providing Our Services, will be uninterrupted, secure or free from errors or omissions or that any identified defect will be corrected; (iii) that Our Services or any information or materials provided through Our Services will meet your requirements or are free from any virus or other malicious, destructive or corrupting code, agent, program or macros; and (iv) that use of Our Services and/or the materials displayed on Our Services by you will not infringe the rights of third parties.
10. USER MATERIAL
10.1 User Material. As part of Our Services, you may have the opportunity to publish, transmit, submit, or otherwise post (collectively, “Post”) videos, reviews, comments, photos, on Our Services (“User Material”). Any User Material will be public and will not be considered to be “Personal Data” under the applicable data protection laws. You acknowledge and agree to hereby comply with any and all applicable laws, as well as any other rules and restrictions that may be set forth herein or on Our Services with any User Material. If you choose to publicly avail any User Material, you will be doing so at your own risk.
10.2 License to User Material. To the fullest extent permitted by applicable law, by Posting User Material, you hereby grant Us, limited license to use, display (publicly or otherwise), reproduce, distribute, adapt, modify, delete from, add to, prepare derivative works of, publicly perform, publish, and/or otherwise use, analyse, and exploit such User Material worldwide, including on or through any property, in perpetuity, in any media formats and any media channels now known or hereinafter created, and for any purpose (including promotional purposes, such as testimonials).
To the fullest extent permitted by applicable law, the license you grant to Us in relation to your User Material is fully paid-up, transferable, non-exclusive, royalty-free, irrevocable, and fully sub-licensable. Additionally, to the fullest extent permitted by applicable law, We are free to use any feedback, ideas, concepts, know-how, or techniques contained within such User Material for any purpose, including developing, manufacturing, marketing, and providing commercial products and services.
We shall not be required to notify you or seek your permission to use such User Material and We shall not be required to make any payments to you or a third-party in relation to its use of your User Material. You acknowledge that the User Material is not confidential and that you have no expectation of privacy in it.
10.3 Restrictions. In addition to the restrictions set forth in Section 3 above, you must not Post any User Material that:
a. you do not have the right to Post;
b. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, in any manner that may cause discord amongst communities of the Muslim faith of any sect, ideology or denomination or otherwise unlawful in any manner whatsoever;
c. infringes any patent, trademark, design, copyright, privacy, publicity or other intellectual property or proprietary right of any person or entity;
d. violates any applicable law;
e. impersonates another person or entity;
f. threatens the unity, harmony, integrity, defence, security or sovereignty of any relevant countries, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation. You also represent and warrant that the posting of User Material does not violate any right of any party, including privacy rights, publicity rights, and/or intellectual property rights.
You represent and warrant that you have all rights necessary to grant the license granted under this Section, and that your User Material, and your provision thereof are not fraudulent, tortious or otherwise in violation of any applicable law or any right of any third party. In no event do We assume any responsibility or liability whatsoever for any User Material, and you agree to irrevocably waive any legal, equitable, “moral” or other rights or remedies you may have against Us with respect to such User Material under any applicable law of any country.
10.4 Bitsmedia’s Rights. We may cancel or discontinue post(s) of User Material and/or the availability of the User Material and any decision in this matter shall be at Our discretion and shall be final and binding. You or other users are not permitted to download any User Material or take screenshots of the same as such actions are in violation of these TOU. You agree that We shall have the right, but have no obligation, to monitor User Material and to restrict or remove User Material that We may determine, in Our sole discretion, is inappropriate, or for any other reason.
You acknowledge that We reserve the right to investigate and take appropriate legal action against anyone who violates these TOU, including terminating their account, terminate, suspend, limit, their use of Our Services or access Our Services and/or reporting User Material, conduct, or activity, to law enforcement authorities, in addition to any other available remedies under law or equity (including for Our compliance with the applicable laws and regulations).
11. SOCIAL SHARING
11.1 When using Our Services, We may allow you to share certain information with other Users and those of third-party social media services (“Social Media Services”), in particular certain information about a content that you personally view or access via Qalbox (“Content Information”). Please refer to our Privacy Policy on how your Content Information may be disclosed and shared with other Users or users of other Social Media Services.
12. INTELLECTUAL PROPERTY OWNERSHIP
12.1 The Materials. Unless otherwise stated, all content available on Our Services (excluding User Material), including, but not limited to text, graphics, logos, designs, photographs, button icons, images, audio/video clips, Temporary Downloads, data compilations, names, trademarks, service marks, brand identities, characters, trade names, graphics, copyrights, trade dress, or other intellectual property, and the organization, compilation, look and feel, of Our Services (collectively, the “Materials”) are owned by Us or the applicable service providers, and are protected under copyright, trademark and other intellectual property and proprietary rights laws.
All right, title and interest attached to the Materials will at all times remain with Us and Our service providers and may not be used or reproduced without prior written approval from Us and Our service providers. We do not promote, foster or condone, and expressly prohibit any and all activities, including but not limited to use of Our Services, Materials or User Material, which infringes Our intellectual property rights, Our service providers, and other third parties. Violators may be subject to criminal and civil liability, and We reserve all rights and remedies against any User who violates these TOU.
All Users of Our Services must ensure that the User Materials they upload do not infringe any third-party copyright. We will immediately remove any User Materials in accordance with the Digital Millennium Copyright Act if We are notified by any third-party of any potential or actual infringement by a User. In the event We find that a User has committed a subsequent infringement, We will terminate the offending User’s account without any further notice.
12.2 Digital Millennium Copyright Act. We respect and are committed to protect the legal rights of copyright owners. If you have any reasonable cause to believe that a content on Our Services infringes your copyright, please send an email to Our designated representative at [email protected] to notify Us of the claimed copyright infringement by complying with Title 17, Chapter 5 Section 512(c)(3) of the U.S. Code, failing which, the DMCA notice may not be valid. We will assess each DMCA notice on the alleged infringement and take appropriate action in accordance with the applicable intellectual property laws.
12.3 Notice and Take Down. The Copyright Act, Chapter 63 of Singapore (the “Act”) contains provisions related to limiting the liability of network service providers such as Bitsmedia.
a. Where a copyright owner or an exclusive licensee or an agent of the foregoing parties (“Complainant”) furnishes to Us (through Our designated representative) a valid notice in the form prescribed by the Act (“Take-Down Notice”), We will take reasonable steps to remove or disable access to the relevant material in accordance with the Act.
b. Following the removal of or disabling of access to the relevant material, We will take reasonable steps to notify the person who made available such material (“Provider”) in accordance with the Act.
c. Where the Provider furnishes to Us (through Our designated representative) a valid notice in the form prescribed by the Act (“Counter Notice”) within six weeks from the date We notify the Provider of the removal or disabling of access, We will take reasonable steps to restore the relevant material if it is technically and practically feasible to do so, unless court proceedings are commenced to prevent the restoration and We are informed in writing in accordance with the Act.
d. Please ensure that the Take-Down and Counter Notices you provide to Us are in conformance with the form prescribed by the Act. We will not act on any notice unless the notice is a valid notice in the form prescribed by the Act.
e. For your information, the Copyright (Network Service Provider) Regulations sets out the form in which take-down and counter notices should be provided to network service providers.
f. Please be aware that the Act states that a person who, in making a Take-Down or Counter Notice, makes any statement (in Singapore or elsewhere) which is false or which such person knows is false or does not believe to be true, and which touches any point material to the object to such notice, will be liable on conviction to a fine of up to SGD 10,000 or to imprisonment for up to two years. Such person shall also be liable in damages to any party who suffers any such loss or damage that is reasonably foreseeable as likely to result from the making of such take-down or counter notice.
Please refer to ‘Contact Us’ below to contact Our designated representative.
13. THIRD PARTY PLATFORMS AND ADVERTISEMENTS
13.1 Third-Party Platforms. Our Services may be integrated or are integrated with third-party websites, services, applications, and/or platforms which are not within Our control. You are obliged to read all the terms of use agreements and privacy policies that apply to such third-party products or services. If you access Our Services using an Apple iOS, Android or Microsoft Windows-powered device or such similarly placed device or Apple Inc., Google, Inc., Microsoft Corporation or other such relevant organisations, respectively, shall be a third-party beneficiary but not a party these TOU. . You agree that your access to Our Services using these platforms also shall be subject to the usage terms set forth in the applicable third-party beneficiary’s terms of service. You represent and warrant to Us that you have read and agreed to those terms.
13.2 Third-Party Destinations. Part of Our Services may contain links to third-party sites and third-party content. You agree and acknowledge that We do not endorse or sponsor such third-party sites, content, advertising or other material on such third-party sites. If We provide links or directions to other websites or destinations, you should not infer or assume that We operate, control, or is otherwise connected with these other websites or destinations. When you click on a link within Our Services, We will not warn you that you have left Our Services and are subject to the terms and conditions (including privacy policies) of another website or destination. These TOU do not govern your use of another website or destination. We are not responsible for the content or practices of any website or destination other than Our Services even if it links to Our Services and even if the website or destination is operated by a company affiliated or otherwise connected with Us. You acknowledge and agree that We will not be held responsible or liable to you for any content or other materials hosted and served from any website or destination other than Our Services.
13.3 Advertising. We do not represent and warrant that advertisements of the products or services on Our Services or the (third party) content made available / hosted on the third-party sites are true and correct. We take no responsibility over and expressly disclaim any liability arising out of, the advertisements or usage of such advertised products or services. Any dealings you have with advertisers due to your use of the products or services advertised on Our Services are between you and the advertiser, and you agree that We are not liable for any loss or claim that you may have against an advertiser.
14. NEW SERVICES AND OTHER APPLICABLE TERMS
14.1 New Services. In addition to these TOU, the use of specific aspects of Our Services and/or more comprehensive or updated versions of Our Services may be subject to additional terms and conditions (“Additional Terms”), which will apply in full force and effect. By agreeing to these TOU, you also agree to such Additional Terms.
We reserves the right (but shall not be obliged) to introduce new products, applications, programmes, services, functions and/or features (collectively, “New Services”) to Our Services. All New Services shall be governed by these TOU and may be subject to Additional Terms which you shall be required to agree to before access to and use of such New Services are provided. In the event of any inconsistency between these TOU and the Additional Terms, the Additional Terms shall prevail in so far as the inconsistency relates to the service, product and/or programme in question unless otherwise provided. You may be required to make additional payment to use or access New Services.
14.2 Google Maps APIs. Some parts of Our Services implement Google Maps API(s). By accessing and using such parts of Our Services which implements Google Maps API(s), you also agree to be bound by Google’s Terms of Service and Google Privacy Policy as may be updated from time to time.
15. DATA PRIVACY AND CONFIDENTIALITY
15.1 You agree that all information and/or particulars sent or submitted by you through Our Services are non-confidential and non-proprietary unless otherwise expressly indicated by you and may be collected, used and disclosed by Us in accordance with Our Privacy Policy, as may be updated and/or amended by Us from time to time.
16. INDEMNITY
16.1 You agree to defend, indemnify and hold harmless Us, Our affiliates, shareholders, officers, directors, employees, third-party partners, service providers and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from: (i) your use of and access to Our Services and/or any related services; (ii) your violation of any term of these TOU; (iii) your violation of any third party rights, including without limitation any publicity, privacy, or intellectual property right; (iv) your breach of any applicable laws; and/or (v) any unauthorized, improper, illegal or wrongful use of your account by any person, including a third party, whether or not authorized or permitted by you. This indemnification obligation shall survive the expiry or termination of these TOU and your use of Our Services.
17. LIMITATION OF LIABILITY
17.1 We shall in no event nor for any reason whatsoever be liable, even if We have been advised of the possibility of such damages, losses or expenses, for any damages, loss or expense, including direct, indirect, special, or consequential damage, or economic loss, arising from or in connection with (i) any access, use or the inability to access or use Our Services; (ii) any system, server or connection failure, error, omission, interruption, delay in transmission, computer virus or other malicious, destructive or corrupting code, agent program or macros; (iii) any use of or access to any other website or webpage provided through Our Services; (iv) any services, products, information, data, software or other material obtained or downloaded from Our Services or from any other website or webpage provided through Our Services or from any other party referred by or through the use of Our Services; or (v) your use or misuse of Our Services. In no event shall We be liable to you, or any other party for: (a) amounts due from other Users of Our Services in connection with the purchase of any products/services; (b) damages arising in connection with the downloading or installation of, or the inability to download or install the application to access Our Services, by you or other third party; and/or (c) sales, customs and/or import or export taxes.
18. THIRD PARTY SYSTEMS
18.1 Parts of Our Services can only be accessed and/or used upon signing in to third party systems such as Facebook or Google. Any use of or access to such parts of the Our Services and any information, data, instructions or communications (“Communications”) referable to your account with such third party systems (whether such access, use or Communication is authorised by you or not) shall be deemed to be (a) use or access of Our Services by you and/or (b) Communications transmitted and validly issued by you. You shall be bound by any access, use, and/or Communications referable to your account with such third party systems, and you agree that We shall be entitled (but not obliged) to act upon, rely on and/or hold you solely responsible and liable in respect thereof as if the same were carried out or transmitted by you.
18.2 Under no circumstances shall it be construed that, in the case of your access to and use of systems (including messaging systems), applications, services, content, materials, products or programmes of any third party, We are a party to any transaction, if any, between you and such third party or that We endorses, sponsors, certifies, or is involved in the provision of such services, products, applications or programmes accessible through the app or service. We shall not be liable in any way for your access to and use of the third party systems (including messaging systems) or for any products obtained and/or purchased from or services rendered by any such third party which shall be your responsibility or that of the relevant third party.
18.3 You acknowledge and agree that you will be solely responsible for any access or use of third party systems (including any third party messaging systems), applications, services, content, materials, products or programmes through Our Services. If you access or use any third party systems (including any third party messaging systems) or the applications, services, content, materials, products or programmes of any third party, through Our Services, you must comply with the relevant terms and conditions for the access or the use of such third party systems, applications, services, content, materials, products or programmes and be responsible for the registration and use of any user names or passwords required to connect thereto. In particular, should access to and use of third party systems (including any third party messaging systems), applications, services, content, materials, products or programmes through Our Services be prohibited (whether in full or in part) by such third party terms and conditions, please discontinue any such access and use as soon as possible upon becoming aware of or receiving notice of such prohibition from the relevant third party. We cannot and does not know nor does it warrant that your use of Our Services to access or use third party systems (including third party messaging systems) or the applications, services, content, materials, products or programmes of any third party is permitted or in compliance, fully or otherwise, with applicable third party terms and conditions. Accordingly, you shall not have any right or claim, and hereby waive any rights you may have (if any), against Us in respect of any breach or failure to comply with the terms and conditions of the relevant third party in respect of your access to and/or use of such third party systems (including any third party messaging systems), applications, services, content, materials, products or programmes through Our Services. You authorise Us and Our agents to access third party systems (including any third party messaging systems), applications, services, content, materials, products or programmes which you have designated, to retrieve content or information requested by you or to process or access functionalities at your request. You hereby appoint Us and Our agents as your agent for the aforementioned purpose. In addition, each time you submit your user name or password to access or use your designated third party systems, applications, services, content, materials, products or programmes, you shall be deemed to have authorised Us and Our agents to process your request and use information submitted by you.
19. TERMINATION OF OUR SERVICES
19.1 We reserve the right to immediately terminate, suspend, limit, or restrict your subscription (where applicable) or your use and/or access to Our Services at any time, without notice or liability to you or any other person, if you breach these TOU, violate any law, rule, or regulation, or engage in any inappropriate conduct in relation to Our Services including your subscription (where applicable).
19.2 Without limiting the above, We may restrict or suspend your access to your account(s) for cause without notice to you, which cause includes but is not limited to (a) requests from law enforcement or other government authorities, (b) unexpected technical issues or problems, or (c) if We reasonably believe that your account(s) has been created fraudulently, your account(s) has been accessed fraudulently, or anyone uses your account(s) to commit fraud or for any purpose other than its intended purpose and in accordance with all of the requirements applicable thereto.
19.3 To the fullest extent permitted by law, you agree that We will not be liable to you or to any third party for any such restriction, suspension or termination of your access to your account(s).
19.4 Termination of these TOU for any reason shall not affect your obligation to make full payment of any Subscription Fee payable if such Subscription Fee has not already been paid.
20. GENERAL PROVISIONS
20.1 Assignment. These TOU, and any permissions granted hereunder, may not be transferred or assigned by you, but may be assigned by Us without restriction.
20.2 Export Control. Software and the transmission of applicable technical data, if any, in connection with Our Services are subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the United States or the country in which you reside.
20.3 Force Majeure. We shall not be liable for any non-performance, error, interruption or delay in the performance of its obligations or in Our Services operation, or for any inaccuracy, unreliability or unsuitability of the contents made available through Our Services if due, in whole or in part, directly or indirectly to an event or failure which is beyond Our reasonable control (including acts of God, natural disasters, pandemics, epidemics, acts of war or terrorism, acts of any government or authority, power failures, acts or defaults of any telecommunications network operator or carriers or the acts of a party for whom We are not responsible for).
20.4 Amendments to TOU. We may impose such further terms and conditions and make such amendments to these TOU as We may in Our discretion deem fit from time to time (including terms or amendments allowing Us to charge or revise fees for the use of Our Services. We will notify you of such amendments by posting the amendments on the app or such other method of notification as may be designated by Us (such as via email or other forms of electronic communications), which you agree shall be sufficient notice for the purpose of this clause. If you do not agree to be bound by the amendments, you shall immediately cease all access and/or use of Our Services. You further agree that if you continue to use and/or access Our Services after being notified of such amendments to these TOU, such use and/or access shall constitute an affirmative: (i) acknowledgement by you of these TOU and its amendments; and (ii) agreement by you to abide and be bound by these TOU and its amendments.
20.5 3rd Party Rights. Apart from Bitsmedia, no person or entity who is not a party to these TOU, shall have any right under the Contracts (Rights of Third Parties) Act, Chapter 53B of Singapore, or other similar laws to enforce any term of these TOU, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, this shall not affect the rights of any permitted assignee or transferee of these TOU.
20.6 Notices. Any notice or other communication in connection with these TOU may be given electronically if sent to the address then most recently notified by the recipient to the sender. Where the notice or communication is given by Us to you electronically, it will be deemed to have been received upon delivery (and a delivery report received by Us will be conclusive evidence of delivery even if the communication is not opened by you) and where given to Us electronically, it will be deemed to have been received upon being opened by Us.
20.7 Class Action Waiver. Where permitted under the applicable law, you and Bitsmedia agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any class action or representative proceeding.
20.8 Governing Law. These TOU shall be governed by and construed in accordance with the laws of Singapore, without regard to the conflict of laws principle. You agree to submit to the non-exclusive jurisdiction of the courts of Singapore.
20.9 Severability. If any provision or part-provision of this TOU is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this TOU.
20.10 English Version Prevails. If these TOU is translated into a language other than English, the English version shall prevail.
20.11 Electronic Communication. We will send you information relating to your account such as payment authorizations, invoices, changes in password, confirmation messages or other notices via electronic form only.
20.12 Entire Agreement. These TOU constitute all the terms and conditions agreed upon between you and Us and supersede any prior agreements in relation to the subject matter of these TOU, whether written or oral. Please note that certain aspects of your use of Our Services may be governed by additional agreements (for example, access to certain promotions, offers, trials or together with other services). When you are presented with an offer for such aspects of your use, you will be presented with any related additional terms, and you may have to indicate your agreement to such terms. To the extent that there is any conflict between any additional terms and these TOU, the additional terms shall prevail.
20.13 Contact Us. If you have questions or comments regarding these TOU, please contact Us at [email protected]. You may also reach Us by mail at the following address:
Bitsmedia Group
Attention: Legal Department/ Terms of Use
1557 Keppel Road
#02-09/10
Singapore 089066
20.14 Customer Support. If you require more information about Our Services or if you need any assistance with your account, you may visit Our Bitsmedia Help Center, which is accessible through here.
