Terms of Usage
Upon your signing up
for or using the
Frenclub service
("Service"), you are
deemed to have
agreed to be bound
by all of the
following terms and
conditions. Please
read the following
terms and conditions
carefully, as they
form the agreement
between you (“User”)
of the Service and
Frenclub Mobile Sdn Bhd (formerly known as “IGM Mobile Sdn Bhd) (“Company”). If you
do not agree to
these terms and
conditions, you must
not use the Service.
A. Adult
To be eligible to
use the Service, “User” must be 18
and above. Minors
(under 18 years old)
must get parental
permission prior to
using the Service.
B. User Agreement
These terms and
conditions
constitutes the
agreement between
the User and the
Company. The mobile
service provider
merely provides the
user access to the
Service.
C. Changes
The Company reserves
the right to add to
or revise these
terms and conditions
herein including but
not limited to the
suspension or the
discontinuation of
any or all channels
or service at any
time without notice,
make modifications
and alterations in
any or all of the
content, products
and services without
prior notice. Such
changes may be
posted on
www.frenclub.com for
convenience. The
User will be deemed
to have accepted and
agreed to adhere to
such revisions if the User continues
to access and use
the Service
subsequent to such
revisions.
D.
Intellectual Property Rights And Publicity
The User’s right to
use the Service is
subject to any
limitations,
conditions and
restrictions
established by the
Company from time to
time, at its sole
discretion. The
Company may also
impose limits on
certain features and
aspects of the
Service or restrict
access to parts or
all of the Service
without prior notice
and without
incurring any
liability.
All photographs, personal information and nicknames submitted to the Company are the property of Frenclub Mobile Sdn Bhd. The Company reserves the right, at its sole and absolute discretion, and the User agrees that the Company may use the nicknames, photographs, and any of the personal information submitted to the Company without first obtaining any consent nor making any payment whatsoever to the User(s) and/or representatives for publicity, advertising, trade or promotion purposes in any media.
E. Code of Conduct
The Service shall be
used in accordance
with the following
Code of Conduct:
1. The User will
keep all information
provided through the
Service as private
and confidential and
will not give such
information to
anyone without the
permission of the
person who provided
it;
2. The User will not
use the Service to
engage in any form
of illegal
activities or
harassment or
offensive behavior,
including but not
limited to the
posting of
communications,
pictures or
recordings which
contain libelous,
slanderous, abusive
or defamatory
statements or
racist,
pornographic,
obscene or offensive
language or images;
3. The User will not
use the Service to
infringe the privacy
rights, property
rights or any other
rights of any
person;
4. The User will not
post messages,
pictures or
recordings or use
the Service in any
way which violates,
plagiarizes or
infringes upon the
rights of any third
party, including but
not limited to any
copyright or privacy
or other personal or
proprietary rights,
or is fraudulent or
otherwise unlawful
or violates any law;
5. The User will not
use the Service to
promote any
solicitation for
funds, advertising
or solicitation for
goods or services;
and
6. The User will not
post or transmit in
any manner any
contact information
including but not
limited to,
telephone numbers,
postal addresses,
e-mail addresses,
web sites or full
names through
publicly posted
information.
F. Fees and Payments
Fees and payments
payable by the User
to any mobile
service provider are
subject to the terms
and conditions
agreed upon between
the mobile service
provider and the
User.
The User agrees to
pay all fees and
charges incurred in
connection with use
of the Service
(including any
applicable taxes) at
the rates in effect
when the charges
were incurred. All
fees and charges are
non-refundable. The
Company may revise
the fees and charges
for using the
Service or add new
fees or charges by
posting new fees and
changes on the
website from time to
time. The User is
responsible for any
fees or charges
incurred to access
the Service
including but not
limited to telephone
charges, long
distance charges or
mobile phone
charges.
G. Monitoring of
Information
The Company reserves
the right to monitor
all advertisements,
public postings and
messages to ensure
that they conform to
the content
guidelines that may
be applicable from
time to time.
H. Removal of
Information
While the Company
may not and cannot
review every message
sent by the User
using the Service,
and the Company is
not responsible for
any content of those
messages, the
Company reserves the
right, but is not
obligated, to delete
or move content
including without
limitation profiles,
public postings and
messages, that the
Company in its sole
discretion deem
violates the Code of
Conduct set out
above or any
applicable content
guidelines or deem
to be otherwise unacceptable. The
User shall remain
solely responsible
for the content of
profiles, public
postings and
messages posted by
the User.
I. Termination of
Access to Service
The Company may at
its sole discretion
terminate or suspend
the User’s access to
all or part of the
Service at any time,
with or without
notice for any
reason, including,
without limitation,
breach of these
terms and
conditions. Without
limiting the
generality of the
foregoing, any
fraudulent, abusive,
or otherwise illegal
activity, or
activity that may
otherwise affect the
enjoyment of the
Service or the
Internet by others
may be grounds for
termination of the
User’s access to all
or part of the
Service at the
Company’s sole
discretion and the
User may be referred
by the Company to
appropriate the law
enforcement
agencies.
J. Proprietary
Information
The Service contains
information that is
proprietary to the
Company, its
partners and other
users of the
Service. The Company
asserts full
copyright protection
for the Service.
Information posted
by the Company, its
partners or other
users of the Service
may be protected
whether or not it is
identified as
proprietary to the
Company or to them.
The User agrees not
to modify, copy or
distribute any such
information in any
manner whatsoever
without having first received the express
permission of the
owner of such
information.
K. No Responsibility
The User
acknowledges that
the Company is not
responsible for any
damages incurred
howsoever resulting
from the suspension
of the Service,
regardless of the
cause of the
interruption or
suspension. Any
claim against the
Company shall be
limited to the
amount the User has
paid, if any, for
use of the Service
during the previous
12 months prior to
the date the alleged
damage was suffered.
The Company may
discontinue or
revise the Service
or its availability to the User at any
time without
incurring any
liability.
L. Security
The User’s account
for the Service is
private and should
not be used by
anyone else. The
User is responsible
for all activity in
the account.
M. Indemnity
The User agree to
indemnify the
Company, its
officers, directors,
employees and agents
from any loss or
damages, including
without limitation
reasonable legal
fees, which the
Company may suffer
as a result of the
User’s activities on
or use of the
Service, including
without limitation
any breach by the
User of this
Agreement or any
charges or
complaints made by
other parties
against the User.
The User shall
cooperate as fully
as reasonably
required in the
defense of any
claim. The Company
reserves the right
to assume the
exclusive defense
and control of any
matter otherwise
subject to indemnity
by the User provided
that the User shall
remain liable for
any such claim.
N. No Warranties
The Service is
provided on an "as
is where is" basis.
The Company does not
warrant that the
Service will be
uninterrupted or
error-free. There
may be delays,
omissions, and
interruptions in the
availability of the
Service. The User
acknowledges that
the Service is
provided without any
warranties of any
kind whatsoever
either express or
implied, including
but not limited to
the implied
warranties of
merchantability and
fitness for a
particular purpose.
The User
acknowledges that
the use of the
Service is at his
own risk. The
Company does not
represent or endorse
the accuracy or
reliability of any
profile, advice,
opinion, statement
or other information
recorded or
distributed through
the Service by our
partners or any user
of the Service or
any other person or
entity. The User
acknowledges that
any reliance upon
any such opinion,
member profile,
advice, statement or
information shall be
at the User’s sole
risk.
O. Disclosure and
Other Communication
The Company reserves
the right to send
the User messages
through the Service
for the purpose of
informing the User
of any issues,
revisions or
additions to the
Service or
products and
services promotion.
P. Law
These terms and
conditions are
subject to
interpretation in
accordance with the
laws of Malaysia.
Any disputes
relating to the
usage of the Service
shall be subject to
the jurisdiction of
the Malaysian courts
of law. If any term
and condition herein
is invalid or
unenforceable under
applicable law, the
remaining provisions
will continue in
full force and
effect.
Q. Assignment
The User does not
have the right to
assign the rights to
use the Service to
any party. The
Company has the
right to assign any
or all of its rights
hereunder or to the
Service to any third
party it deems fit.
R. Disclaimer
The mobile service
provider shall not
be held liable for
losses and damages
resulting from the
service, its use and
anything thereto. |