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HOME > TERMS & CONDITION

Please read these Terms and Conditions carefully before using this Web Site. If you do not agree to these Terms and Conditions exit now and do not use this Web Site.

1. Introduction

These Terms and Conditions apply to the use by you of this Web Site and any other subscription product or service offered for sale on this Web Site by Flatfish Communications and/or its affiliates. The right to use any product or service offered by Flatfish Communications is personal to you and is not transferable to any other person or entity.

2. Changes to this Web Site

Flatfish Communications shall have the right at any time to change or discontinue any aspect or feature of this Web Site including, but not limited to content, hours of availability, and equipment needed for access or use. Such changes, modifications, additions or deletions shall be effective immediately upon the giving of notice thereof by Flatfish Communications in accordance with any of the methods described in clause 10 C and clause 14 F below.

3. Copyright and Intellectual Property

A) This Web Site contains copyrighted material, trademarks and other proprietary information including text, software, photos, video, graphics, music and sound. Flatfish Communications is the owner of the copyright in this web site and owns the copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Each third party content provider owns the copyright in content original to it. All trademarks appearing on this Web Site are the property of their respective owners, including, in some instances, Flatfish Communications.

B) Except as otherwise expressly permitted under copyright law, you may not copy, redistribute, publish, display or commercially exploit any material from this Web Site without the express permission of Flatfish Communications and/or the relevant copyright owner. In the event of any permitted copying, redistribution or publication of material from this site, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Without limiting the generality of the foregoing, you agree that any text, photo, graphic, audio, and/or video on this site owned by Flatfish Communications and/or the relevant copyright owner shall not be broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any media. Neither these materials nor any portion thereof may be stored in a computer except for personal and non-commercial use. Flatfish Communications and/or the relevant copyright owner will not be held liable for any delays, inaccuracies, errors or omissions there from or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing.

4. Member Names

You may not (i) select or use a member name or e-mail address of another person with the intention of impersonating that person; (ii) use a member name or e-mail address of anyone else without authorization; (iii) use a member name in violation of the intellectual property rights of any person; or (iv) use a member name that Time Inc. considers to be offensive.

5. External Sites

This Web Site may contain links to other web sites, resources and advertisers. Flatfish Communications is not responsible for the availability of these external sites nor does it endorse or is it responsible for the contents, advertising, products or other materials made available on or through such external sites. Under no circumstances shall Flatfish Communications be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any content, goods or services available on such external site. You should direct any concerns to such external site's administrator or webmaster.

6. Your Responsibilities

A) You agree that you will use this Web Site in a lawful manner that is consistent with all applicable laws and regulations.

B) You agree that you are responsible for the security and use of any user names or passwords needed to access or use the Web Site or any Web Site Services. You must take all reasonable steps to ensure that these user names and passwords are kept confidential and secure and you do not allow any unauthorised person to access the Web Site using your user name or password. You take full responsibility for all information and instructions transmitted through the Web Site using your user name and/or password. All such information will be considered by Flatfish Communications to be sent and authorised by you.

C) You agree that you will not use the Web Site to use or transmit any material that contains software viruses or any other computer code, file or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, including but not limited to the Web Site.

D) If you place any order for any subscription, products and/or services by placing such an order you confirm and warrant that you are 18 years or over.

7. Disclaimer of Warranty; Limitation of Liability

A) Nothing in these Terms and Conditions shall be construed as excluding or limiting the liability of Time Inc. or any of its officers, employees and agents to you for death or personal injury resulting from the negligence of such persons.

B) You expressly agree that use of this Web Site is at your sole risk. Neither Flatfish Communications, its affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that this site will be uninterrupted or error free; nor do they make any warranty as to the accuracy, reliability or content of any information, service or products provided through this site.

C) This Web Site is provided on an "as is", "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to these Terms and Conditions.

D) Without prejudice to any liability for fraudulent misrepresentation or fraudulent misstatement, the disclaimers of liability contained in this clause 7 apply to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behaviour, negligence, or under any other cause of action. You specifically acknowledge that Time Inc. is not liable for the defamatory, offensive or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with you.

E) In no event will Flatfish Communications or any person or entity involved in creating, producing or distributing this Web Site be liable for any direct, indirect, incidental, special or consequential damages arising out of the use of or inability to use this Web Site or out of the breach of any warranty. You hereby acknowledge that the provisions of this clause 7 shall apply to all content on this Web Site Flatfish Communications’ liability to users, if any, shall in no event exceed the total amount paid by you to Flatfish Communications.

F) Flatfish Communications neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement on this Web Site by anyone other than authorised Flatfish Communications employed spokespersons while acting in their official capacities. Under no circumstances will Flatfish Communications be liable for any loss or damage caused by your reliance on information obtained through either the content on this Web Site. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through this Web Site.

G) Flatfish Communications does not endorse, warrant or guarantee any products or services offered through this Web Site and will not be a party to or in any way monitor any transaction between users and third party providers of products or services. Flatfish Communications makes products or services available on this Web Site without warranties of any kind, either express or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to these Terms and Conditions.

8. Indemnification.

You agree to defend, indemnify and hold harmless Flatfish Communications, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including legal fees, arising out of the use by you of this Web Site and your connection to this Web Site.

9. Termination.

Flatfish Communications shall have the right to immediately terminate these Terms and Conditions with respect to any user which Flatfish Communications, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of these Terms and Conditions. The provisions of clauses 3, 7, 8, 14 and 15 shall survive termination of these Terms and Conditions.

10. Subscription Services

A) Subscription Services: Flatfish Communications makes available to users certain online subscription services. The following terms and conditions shall apply in the event of your acceptance of any promotions offered by Flatfish Communications on this Web Site (the "Subscription") or if you use the Web Site or send us an e-mail or a fax in order to pay your bill by credit card or to up-date your subscription details.

B) Subscription Terms: The Subscription will continue until Flatfish Communications receives notification of termination from you as described in sub-clause D below or until your Subscription comes to its expiry date. Depending on the offer you have accepted, your Subscription may be automatically renewed. If not, you will be notified before the expiry date that your Subscription is nearing its end, and you will be requested to accept an offer for renewal of the Subscription for a further term.

At all times, you must provide Flatfish Communications with accurate, complete and up-to-date information as to your name, address and other personal details. Failure to comply with this requirement shall constitute a breach of these Terms and Conditions.

C) Changed Terms: Flatfish Communications shall have the right at any time to impose, change or modify its terms and conditions applicable to your use of the Subscription. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on this Web Site a revised version of these Terms and Conditions or notification by electronic or conventional mail. You agree to review the terms and conditions periodically to be aware of revisions. Any use of the Subscription by you after such notice shall conclusively be deemed to constitute acceptance by you of such changes, modifications, additions or deletions.

If any change is unacceptable to you, you retain the right to terminate your Subscription as provided in sub-clause D below. If you do not exercise this option, your Subscription will continue until it comes to its expiry date.

Please note that you may also be subject to additional terms and conditions imposed by third party content providers in connection with third party content, software or services.

D) Termination: Your only right with respect to any dissatisfaction with (i) these Terms and Conditions, (ii) policy or practice of Time Inc. in operating this Web Site, (iii) content available through the Subscription or change therein, or (iv) prices or billing methods, or change to any of the foregoing is to terminate these Terms and Conditions, which will automatically result in termination of your Subscription and relationship with Flatfish Communications.

Notice of termination will be effective upon receipt by Flatfish Communications. Flatfish Communications has the right to immediately terminate these Terms and Conditions and its relationship with you where it reasonably considers your usage of the Web Site or Subscription services to be unacceptable or in the event of any breach by you of any of these Terms and Conditions.

11. Competitions

If you register for any prize competitions, promotions or other give-aways on this Web Site separate competition rules, accessed via the Web Site, will apply in addition to the terms of these Terms and Conditions.

12. Your Personal Information

A) You acknowledge that in the course of registering and using this Web Site, certain personal information or data about you (including financial information) will be captured electronically or otherwise and transmitted to Time Inc. By accepting these Terms and Conditions, you expressly agree to transfer such personal information or data to Time Inc. to use, store and process the personal information for the purposes of providing the services offered on this Web Site, or any other connected web sites.

B) Flatfish Communications has implemented security measures to ensure that your personal financial information is protected and is stored in encrypted form.

C) You further agree that Flatfish Communications may send your personal data outside the country in which you reside for processing.

D) For more information about the purposes for which we may use your personal information, please read our Privacy Policy displayed on this Web Site.

13. Notices

A) You may send any written notice to us, or address any questions you may have concerning these Terms and Conditions at Flatfish Communications, 34A Jalan SS15/8, 47500 Subang Jaya, Selangor, Malaysia or by emailing us at info@flatfish.com.my or by faxing us on 603 5637 4737. Notices will be effective upon receipt by Flatfish Communications.

B) We may send you notice by general notice on this Web Site, by e-mail to your e-mail address on record with us, or by post to the geographical address on record with us. Such notice will be effective if sent by e-mail or posted on the Web Site, immediately from the time and date it was sent or posted on the Web Site. If sent by regular post, it will be effective 3 days after posting by us.

14. Miscellaneous

A) Nothing in these Terms and Conditions affects your statutory rights as a consumer.

B) If any part of these Terms and Conditions is held by a court of competent jurisdiction to be unenforceable, the validity of the remainder of the terms of these Terms and Conditions will not be affected.

C) If Flatfish Communications is unable to perform any obligation under these Terms and Conditions because of a matter beyond its reasonable control, including (but not limited to) fire, flood, explosion, war, civil disorder, industrial disputes (whether or not involving its employees), or other disasters or governmental laws and regulations imposed after the fact, or events beyond our reasonable control Flatfish Communications will not have any liability for that failure to perform.

D) The provisions of these Terms and Conditions are for the benefit of Flatfish Communications, its affiliates, third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly on its own behalf.

E) These Terms and Conditions and any operating rules for this Web Site constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. These Terms and Conditions shall be construed in accordance with the laws of Malaysia, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

F) These Terms and Conditions may be varied or new terms and conditions imposed at any time. Such changes, modifications, additions or deletions shall be effective immediately upon the giving of notice thereof by Flatfish Communications, which may be given by means including, but not limited to, posting on this Web Site a revised version of these Terms and Conditions or notification by electronic or conventional mail. You agree to review the terms and conditions regularly to be aware of such revisions. You may also be subject to additional terms and conditions imposed by third party content providers in connection with third party content, software or services. If you do not accept the revised terms and conditions please do not use this Web Site.

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