Agreement to Terms
This Terms of Use Agreement (“Agreement”) is a legally binding contract between you (“you” or “user”) and SUARA UMMAH (“Company,” “we,” “us,” or “our”) concerning your access and usage of the websites www.suara.my and www.suara.my/auto-affiliate/ and any other related services, software, hardware, media, mobile websites, or mobile applications (collectively, the “Site”). By accessing the Site, you acknowledge that you have read, comprehended, and agreed to comply with all the terms outlined in this Agreement. If you disagree with any part of these terms, you are expressly prohibited from using the Site, and you must discontinue use immediately.
Changes to Terms
Supplemental terms, conditions, or documents posted on the Site are incorporated into this Agreement by reference. We retain the right, at our sole discretion, to modify or amend these Terms of Use at any time and for any reason. It is your responsibility to review these Terms whenever you use our Site to understand which terms are applicable. Your continued use of the Site after the posting of any revised Terms of Use constitutes acceptance of those changes.
Use Outside Jurisdiction
The information provided on the Site is not intended for distribution or use by any person or entity in any jurisdiction or country where such distribution or use would violate local laws or regulations or subject us to any registration requirements within that jurisdiction. If you choose to access the Site from locations outside the intended jurisdiction, you do so at your own discretion and are responsible for compliance with local laws, where applicable.
Intellectual Property Rights
The Site, unless otherwise indicated, is the proprietary property of the Company. All content, including source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (collectively, the “Content”) and the trademarks, service marks, and logos (the “Marks”) contained therein, are owned or controlled by us or licensed to us. These are protected by copyright, trademark, and other intellectual property rights laws. The Content and Marks are provided “AS IS” for your personal, non-commercial use only. Without our express prior written permission, no part of the Site, Content, or Marks may be used for any commercial purpose.
User Representations
By using the Site, you represent and warrant that:
- You have the legal capacity and agree to comply with these Terms of Use.
- You are not a minor in your jurisdiction of residence.
- You will not access the Site through automated or non-human means.
- You will not use the Site for any illegal or unauthorized purpose.
- Your use of the Site will not violate any applicable law or regulation.
- Providing untrue, inaccurate, outdated, or incomplete information may result in the suspension or termination of your account.
Prohibited Activities
The Site may only be used for its intended purpose. It may not be used for any commercial endeavors except those specifically endorsed or approved by us. Prohibited activities include, but are not limited to:
- Creation, distribution, transmission, public display, or performance of Content that infringes on the rights of any third party.
- Providing false, inaccurate, or misleading information.
- Sending unsolicited or unauthorized advertising, promotional materials, spam, or other forms of solicitation.
- Posting obscene, lewd, violent, harassing, libelous, slanderous, or otherwise objectionable content.
- Promoting violence against individuals or groups.
- Violating any applicable law, regulation, or rule.
- Violating the privacy or publicity rights of any third party.
- Violating any applicable child pornography laws.
- Posting offensive comments related to race, national origin, gender, sexual preference, or physical handicap.
- Any use of the Site in violation of the above constitutes a breach of these Terms of Use and may result in the termination of your rights to use the Site.
Contribution License
By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such feedback for any purpose without compensating you. You retain ownership of your Contributions and associated intellectual property rights. We are not liable for any statements or representations in your Contributions.
Submissions
Any information, questions, comments, suggestions, ideas, feedback, or other materials (“Submissions”) you provide to us via the Site are non-confidential and become our property. We own exclusive rights to such Submissions, including intellectual property rights, and may use them for any lawful purpose, commercial or otherwise, without acknowledgment or compensation. You hereby waive all moral rights to such Submissions.
Site Management
We reserve the right, but not the obligation, to monitor the Site for violations of these Terms of Use. We may take appropriate legal action against violators and remove or disable any Contributions or content that burdens our systems or violates these Terms. We manage the Site to protect our rights and property and ensure proper functioning.
Term and Termination
These Terms of Use are effective as long as you use the Site. We reserve the right, without notice or liability, to deny access to and use of the Site to any person for any reason, including for a breach of these Terms or any applicable law. We may also terminate or suspend your account for any reason.
Modifications and Interruptions
We may change, modify, or remove Site contents at any time without notice. We may also modify or discontinue all or part of the Site. We are not liable for any loss or damage caused by your inability to access the Site during downtime.
Corrections
We are not responsible for typographical errors, inaccuracies, or omissions on the Site. We reserve the right to correct errors, inaccuracies, or omissions and change or update Site information without notice.
Disclaimer
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Indemnification
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Site; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
Limitation and liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICE AND CONTENT REMAINS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER SUARA UMMAH NOR ANY OTHER COMPANY OR INDIVIDUAL INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICE OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SUARA UMMAH HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. TO THE EXTENT LAW APPLIES TO YOU, THIS EXCLUSION OR LIMITATION OF LIABILITY DOES NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL SUARA UMMAH’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICE OR CONTENT EXCEED FIFTY RINGGIT (RM50). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL AND MATERIAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SUARA UMMAH AND YOU.
Suara Malaysia reserves the right to reject, remove, or restrict any user’s postings, messages, or access to the Services at its sole discretion and without liability. Suara Malaysia also retains the right to remove a user’s profile, restrict access, or terminate Membership if deemed necessary to protect Suara Malaysia and/or its users.
- Eligibility: Use of and Membership in the Suara Malaysia Services is void where prohibited. By using the Services, you represent that all registration information provided is truthful and accurate, and you will maintain the accuracy of such information. You must be 14 years of age or older to use the Suara Malaysia Services, and your use must not violate any applicable laws or regulations. Suara Malaysia reserves the right to delete your profile and terminate your Membership if it is discovered that you are under 14 years of age.
- Term: This Agreement remains in effect while you use the Suara Malaysia Services or are a Member. You may terminate your Membership at any time by contacting [email protected]. Suara Malaysia may terminate your Membership at any time without prior notice. Even after Membership termination, this Agreement will continue to apply to any claims related to your use of the Suara Malaysia Services.
- Fees: Suara Malaysia has the right to charge fees for certain Suara Malaysia Services, and it may modify these fees at its discretion. If Suara Malaysia terminates your Membership due to a breach of this Agreement, you will not be entitled to a refund of any unused subscription fees.
- Password: When you sign up as a Member, you will be required to choose a password. You are solely responsible for maintaining the confidentiality of your password and account. You agree not to share your account information or disclose your password to any third party. If you suspect any unauthorized use of your account or access to your password, you must notify Suara Malaysia immediately. You are solely responsible for all activities conducted through your account.
- Non-commercial Use by Members: The Suara Malaysia Services are for personal use by Members only, unless explicitly endorsed or approved by Suara Malaysia. Any unauthorized commercial use of the Suara Malaysia Services is prohibited. This includes collecting usernames or email addresses for the purpose of sending unsolicited emails or engaging in unauthorized framing or linking to the Suara Malaysia website.
- Content Ownership: Suara Malaysia does not claim ownership rights over the content posted by Members on the Suara Malaysia Services. Members retain ownership of their posted content and continue to have the right to use it in any way they choose. However, by displaying or publishing content on the Suara Malaysia Services, Members grant Suara Malaysia a license to use, modify, publicly perform, publicly display, reproduce, and distribute that content solely within the Suara Malaysia Services.
- Content Posted on Suara Malaysia Websites: Members are solely responsible for the content they post on or through the Suara Malaysia Services, as well as any material or information transmitted to other Members. Suara Malaysia does not endorse or have control over the content posted by Members. Content is not necessarily reviewed by Suara Malaysia prior to posting, and it does not reflect the opinions or policies of Suara Malaysia. Suara Malaysia makes no warranties, express or implied, regarding the accuracy or reliability of the content or any material or information transmitted to other Members.
- Prohibited Content: The Suara Malaysia Services prohibit the posting of content that is illegal or violates the rights of others. This includes content that is offensive, promotes racism, harassment, or harm towards any individual or group. Nudity, violence, or explicit subject matter, as well as solicitation of personal information from individuals under 18 years of age, are also prohibited. Suara Malaysia assumes no responsibility for monitoring content but encourages users to report any violations.
- Prohibited Activity: Engaging in illegal or tortious activities through the Suara Malaysia Services is strictly prohibited. This includes activities such as fraud, harassment, spamming, copyright infringement, or solicitation of personal information from individuals under 18 years of age. Suara Malaysia reserves the right to take appropriate legal action against violators, including reporting them to the relevant authorities.
- Copyright Policy: Members must respect the intellectual property rights of others. Members shall not post, distribute, or reproduce any copyrighted material without obtaining proper permission from the copyright holder. Suara Malaysia reserves the right to terminate the Membership of repeat copyright infringers.
- Member Disputes: Suara Malaysia is not responsible for disputes between Members. Any disagreements or disputes between Members should be resolved directly between the involved parties. Suara Malaysia does not have any obligation to mediate or resolve such disputes.
- Privacy: Your use of the Suara Malaysia Services is subject to the Privacy Policy, which outlines how Suara Malaysia collects, uses, and protects your personal information. By using the Suara Malaysia Services, you consent to the collection and use of your information as described in the Privacy Policy.
- Disclaimers: Suara Malaysia is not responsible for the accuracy, reliability, or completeness of any content posted on the Suara Malaysia Services or the conduct of its Members. Suara Malaysia does not endorse any opinions expressed by Members through the Services. The Suara Malaysia Services are provided on an “as is” and “as available” basis, and you use them at your own risk.
- Limitation of Liability: Suara Malaysia shall not be liable for any indirect, incidental, special, or consequential damages arising out of or relating to the Suara Malaysia Services. In no event shall Suara Malaysia’s total liability to you for all damages, losses, or causes of action exceed the amount paid by you, if any, for accessing or using the Suara Malaysia Services.
- U.S. Export Controls: The software and technical data made available through the Suara Malaysia Services may be subject to United States export control laws and regulations. You agree to comply with all applicable laws and regulations regarding the export, re-export, or transfer of such software and technical data.
- Governing Law and Jurisdiction: This Agreement and any disputes arising from or related to the Suara Malaysia Services shall be governed by and construed in accordance with the laws of Malaysia. Any legal actions or proceedings arising out of or relating to this Agreement shall be exclusively heard in the courts located within Malaysia.
- Indemnity: You agree to indemnify and hold Suara Malaysia, its subsidiaries, affiliates, officers, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement or your violation of any law or the rights of a third party.
- Attorneys’ Fees: In the event of any legal action or proceeding arising from or related to this Agreement, the prevailing party shall be entitled to recover reasonable attorneys’ fees and costs incurred in connection with such action or proceeding.
- Miscellaneous: This Agreement constitutes the entire agreement between you and Suara Malaysia regarding the use of the Suara Malaysia Services. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
Governing Law and Jurisdiction
These Terms of Use are governed by and construed in accordance with the laws of Malaysia, without regard to its conflict of law principles. Any disputes arising out of or relating to these Terms of Use shall be resolved by the state and federal courts located in Malaysia, and you hereby consent to the exclusive jurisdiction of those courts for such purposes.
Contact Information
For any questions about these Terms of Use or the Site, please contact us at:
SUARA UMMAH
[email protected]
Entire Agreement
These Terms of Use constitute the entire agreement between you and us regarding your use of the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties.
Waiver
Our failure to enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.
By accessing and using the Site, you affirm that you have read these Terms of Use, understand them, and agree to be bound by them.