HCK NEWSSTAND TERMS OF USE AGREEMENT
1. TERMS OF USE AGREEMENT FOR HCK NEWSSTAND APPLICATION

  1. 1.1 The HCK Newsstand application is owned and managed by Portal Essential Sdn Bhd (“Portal Essential”) and is the official electronic media distributor for the Satria Kiara’s publications.

  2. 1.2 This Terms of Use Agreement (“Agreement”) shall govern you as the user of the HCK Newsstand. By assessing or using the HCK Newsstand application, the content, product or services delivered through HCK Newsstand (“Services”), you indicate your acceptance to be bound by the terms and conditions stated herein.

  3. 1.3 By your installation of this HCK Newsstand application, you hereby represent and warrant:
    (a) You have read and agreed to the terms and conditions herein and the Privacy Policy;
    (b) You are at least 18 years old and have the necessary legal capacity, right, power and authority to agree to the terms and conditions of this Agreement;
    (c) All the information you provide to HCK Newsstand to enable the Service to you is accurate and complete.

2. Changes

  1. 2.1 We reserve the right, at any time, to add to, delete, change or modify the terms of this Agreement, change or discontinue any aspect or feature of HCK Newsstand or the content, product or services delivered through HCK Newsstand, without notice. You will be deemed to have accepted such change(s) if you continue to access or use the HCK Newsstand or the content, product or service delivered through HCK Newsstand subsequent to such changes.

3. Third Party Content and Disclaimer

  1. 3.1 HCK Newsstand (owned and managed by Portal Essential) is only a distributor (and not the publisher) of the contents supplied by third parties and has no editorial control over such products or contents. All contents, including opinions, advice, statements, services, offers or other information expressed or made in publications delivered through HCK Newsstand (“Contents”) are those of the respective author(s), publisher(s) or advertiser(s) and not those of HCK Newsstand. Neither HCK Newsstand nor any third party provider of information guarantees the accuracy, timely availability, completeness or usefulness of any content. Under no circumstances shall HCK Newsstand be liable for any loss or damage caused by your reliance on information obtained through the Contents nor shall HCK Newsstand be liable for any statement published through HCK Newsstand, including any statements which are defamatory or in breach of confidentiality, privacy, copyright, proprietary or other rights of another. HCK Newsstand hereby disclaims all liabilities and responsibilities arising in relation to all third party Contents whether available or advertised through HCK Newsstand. Further, if in anywhere through HCK Newsstand or the Contents there are links to other internet sites and third party resources, HCK Newsstand shall not be responsible for the availability of these outside resources or their contents.

  2. 3.2 HCK Newsstand has the right, but not the obligation, to monitor the Contents to determine compliance with this Agreement, HCK Newsstand’s distribution or other agreement with the content publishers or advertisers, any operating rules of HCK Newsstand and the relevant laws and regulations. Without limiting the foregoing, HCK Newsstand shall have the right to remove any Content that HCK Newsstand, in its sole discretion deems, to be in violation of the foregoing or otherwise objectionable.

4. Price and Availability of Content

  1. 4.1 Access to the Contents is made available to the end users on subscription basis based on the pricing, subscription, refund terms and conditions stipulated by Satria Kiara or such third party content publishers. Please refer to the relevant Content publishers for details.

5. Registration, Security and Privacy

  1. 5.1 The use of this HCK Newsstand application and all its Contents is subject to the current Privacy Policy.

6. User’s Responsibilities

  1. 6.1 You may only access or use this HCK Newsstand application and all or any of its Contents for:
    (a) lawful purposes;
    (b) in accordance with this Agreement and any operating rules published by HCK Newsstand from time to time.

  2. 6.2 You may not:
    (a) restrict or inhibit any other person from accessing, using or enjoying the Services;
    (b) hack into, interfere with, disrupt, disable, over-burden or otherwise impair the proper working of HCK Newsstand, its Services or its servers which shall include but not limited to denial-of-service attacks, spoof attacks, session hacking, sniffing, tampering, reverse engineering or reprogramming; and
    (c) to use the account of another subscriber without his/her permission.

7. Intellectual Property

  1. 7.1 All Materials and contents supplied by HCK Newsstand contains copyrighted materials, trademarks and other proprietary information owned by Portal Essential, Satria Kiara or such other third parties (where applicable) and you may are not permitted to copy, exploit or otherwise use such materials and contents without permission of the relevant owner(s).

8. Application, Service and Content Use Conditions

  1. 8.1 You are required not to copy, reproduce, modify, adapt, translate, publish, display, communicate, transmit, broadcast, podcast, webcast, distribute, sell, trade or exploit for any commercial or other purposes, any portion of or any access to:
    (a) the Services;
    (b) this HCK Newsstand application;
    (c) any Content, except with prior written consent of Satria Kiara (or the relevant third party publisher or advertiser) or permitted under the conditions of your subscription or conditions of the publication by Satria Kiara (or the relevant third party publisher or advertiser).

  2. 8.2 For the avoidance of doubt, your agreement not to reproduce, display or otherwise provide access to the Services or Contents shall include not providing access by framing, mirroring, linking, spidering, scraping or any other technological means, without prior written permission of HCK Newsstand. Further, you may not decompile, reverse engineer or otherwise attempt to discover the source code of any the HCK Newsstand application, its Services or Content.

  3. 8.3 The HCK Newsstand, the Services and Contents are provided to you for your personal, non-commercial use only. You are allowed to:
    (i) print one single copy only of the Content for personal consumption only (without making photocopies)
    (ii) retrieve and display any Content on any compatible device owned by you;
    (iii) store such Content in electronic form on a storage device owned by you (but not on a server or other storage device connected to a network).

  4. 8.4 HCK Newsstand does not guarantee that your connection, access or use to the HCK Newsstand application, its Services or Content will be free from interruption and under no circumstances will HCK Newsstand, its affiliates, licensors, agents or content publishers or advertisers be liable for any loss or damage, including without limitation, direct, indirect, incidental, special and consequential (including without limitation, loss of profit) or punitive damages arising out of any interruption or inability to connect to, access or use the HCK Newsstand, its Services or Contents.

9. Termination

  1. 9.1 HCK Newsstand reserves the right to terminate its Services to you in any of the following circumstances:
    (a) upon termination of your subscription to the Content;
    (b) upon breach by you of any terms and conditions of this Agreement;

  2. 9.2 HCK Newsstand reserves the right to restrict, suspend or terminate its Services to you for any reason deemed appropriate by HCK Newsstand provided in the case of termination which results in termination of any Content subscribed, HCK Newsstand shall procure a refund of the unused portion of subscription monies paid by you earlier based on the refund terms and conditions then in force with the Content publisher.

10. Governing Law and Jurisdiction

  1. 10.1 This Agreement shall be governed by Malaysian laws. You hereby irrevocably agree to submit to the exclusive jurisdiction of Malaysian courts.

  2. 10.2 HCK Newsstand is owned and operated by Portal Essential in Malaysia. Portal Essential makes no representation that the HCK Newsstand application, its Services and Contents are appropriate or available for use in your location. Those who choose to access its Services and Contents from any other location shall do so on their own initiative and shall be responsible for compliance with local laws.

11. Miscellaneous

  1. 11.1 You agree to indemnify and hold Portal Essential and its subsidiaries, affiliates, directors, officers, agents, employees harmless from and against all claims, liabilities, penalties and expenses, including legal fees (on full indemnity basis), due or arising out of:
    (i) your connection, access or use of the HCK Newsstand, its Services and Contents;
    (ii) your breach of any terms and conditions of this Agreement
    (iii) your violation of any laws or rights of any person or entity.

  2. 11.2 If any provision in this Agreement is found to be illegal, void or unenforceable under any law of any jurisdiction, the terms and conditions of this Agreement shall continue in force save that such provision be deemed to be deleted.

  3. 11.3 No waiver of any rights or remedies by Portal Essential shall be deemed effective unless made in writing and signed by an authorised representative of Portal Essential. A failure by Portal Essential to exercise or enforce any rights conferred upon it under this Agreement shall not be deemed to be a waiver or variation of such rights or operate so as to bar the exercise or enforcement of such rights at any subsequent time(s).

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