Terms and Conditions

You should read the Terms and Conditions carefully before using theSundaily.my. By using theSundaily.my or indicating your agreement by clicking the Accept button (or by other applicable means), you agree to be bound by the Terms and Conditions.

Please note that this is a legally binding contract with Sun Media Corporation Sdn Bhd (221220-K), the owner of theSundaily.my. If you do not agree with the Terms and Conditions you should not use theSundaily.my and please click the Reject button (or terminate the registration process).

A. SCOPE OF SERVICES

A.1
We will make available to you various news and information and related services through theSundaily.my in accordance with the Terms and Conditions.

A.2
We may, at our sole discretion, vary, amend, add to, or suspend theSundaily.my or any part thereof including the removal of the content of any web pages forming part of theSundaily.my, and we may do so with or without giving you prior notice.

A.3
theSundaily.my may be temporarily unavailable from time to time due to required maintenance, telecommunications interruptions or other disruptions.

B. FEE

B.1
We reserve the right at any time to charge subscription fees for access to theSundaily.my or any part thereof. The amount of subscription fee, the subscription period thereof and the specific terms of subscription (if any) are as indicated on the online registration form.

B.2
You shall bear any taxes, duties or levies to which the subscription fee is subject.

C. YOUR OBLIGATIONS

C.1
You shall be solely responsible for the set-up or configuration of your computer system (hardware, equipment and software) to ensure you will have optimal access to theSundaily.my at all times. As we may also from time to time incorporate new technologies in theSundaily.my, we suggest you seek expert help in configuring and maintaining your computer system.

C.2
Information transmitted through the Internet is in general not confidential. We cannot therefore and will not guarantee the privacy or protection of your personal information including your User ID and Password. You shall therefore take all necessary measures (such as changing Password regularly) to protect the secrecy of such information. You shall immediately notify us of any unauthorised use of your User ID and/or Password or any other breach of security known to you.

C.3
You shall use theSundaily.my in a manner consistent with any and all applicable laws, regulations and directives of the applicable jurisdictions.

C.4
theSundaily.my is made available to you for your own personal use only. In no event shall you use theSundaily.my for or in connection with any business or commercial enterprise, without limitation, any securities, investment, accounting, banking, legal or media business or enterprise.

C.5
We shall regard all the information provided by you upon registration as true, accurate and correct, and if there shall be any change to any of the information thereafter, you shall immediately notify us.

D. NO INVESTMENT ADVICE

D.1
All news, articles and material displayed on theSundaily.my are for your information only and are no substitute for independent research and/or verifications.

D.2
In particular, you shall not treat theSundaily.my as a financial or investment advisory service. Any information that may be given by theSundaily.my is provided on a general basis and does not take into account your specific investment objectives, financial status and particular needs. You shall therefore seek specific advice from your stockbrokers, lawyers, financial advisers, or such other appropriate professionals before acting or relying on the information obtained from theSundaily.my .

E. “Post Your Comments”

E.1
The “Post Your Comments” feature provides users an opportunity to post and exchange information, ideas and opinions (the “Postings”). While we may screen, edit or review any Posting prior to its appearance on theSundaily.my , we do not undertake to perform such screening, edit or review nor do we endorse or approve the Posting’s content in any way. As such, Postings do not necessarily reflect our views. To the fullest extent permitted by applicable laws, we exclude all responsibility and liability for the Postings or for any losses or expenses resulting from their use and/or appearance on theSundaily.my .

E.2
Notwithstanding the above, we do reserve the right to monitor all materials posted via the “Post Your Comments” feature and to remove any of such material which we consider in our absolute discretion to be offensive or otherwise in breach of the Terms and Conditions. We therefore cannot guarantee that all Postings will appear on theSundaily.my .

E.3
You represent and warrant that you have all necessary rights in and to all Postings you provide and all material they contain and that such Postings shall not infringe any proprietary or other rights of third parties. By making such Postings on theSundaily.my , you automatically grant to us a perpetual, royalty-free, irrevocable, non-exclusive right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such Postings or incorporate them into any form, medium or technology now known or later developed.

F. PROHIBITED CONDUCTS

F.1
You agree that you shall NOT:

a.use theSundaily.my for spamming. Spamming includes:
(i) the bulk-sending of unsolicited messages, or the sending of unsolicited e-mails which provoke complaints from recipients,
(ii) the sending of junk mail,
(iii) the use of distribution lists that include people who have not given specific permission to be included in such distribution process,
(iv) posting commercial advertisements to newsgroup that do not permit them,
(v) posting articles containing binary encoded data to a non-binary newsgroup,
(vi) excessively and repeatedly posting off-topic messages to newsgroup,
(vii) excessive and repeated cross-posting,
(viii) e-mail harassment of another Internet user, including transmitting any threatening, libellous or obscene material, or material of any nature which could be regarded as offensive by the recipient, and
(ix) the e-mailing of age-inappropriate communications or content to anyone under the age of 18;

b.upload to, distribute through, or otherwise publish through theSundaily.my any content which is libellous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that would constitute or encourage a criminal offence, violate the rights of any party, or that would otherwise give rise to liability or violate any law;

c.re-sell or re-distribute theSundaily.my or any part thereof nor to use the same to conduct index-based trading on any stock exchanges or on securities quoted on any stock exchanges.

G. INTELLECTUAL PROPERTY

G.1
All intellectual property rights and proprietary rights in all content and material inclusive of text, photographs, video, audio and graphics, that is part of, contained in, or accessed through theSundaily.my and in any enhancements or modifications to, adaptations or translations of, or derivative works based on the foregoing shall be and remain our property or that of our licensors, as the case may be. No intellectual property or other rights shall be transferred to you.

G.2
You are authorised to download one copy of the material on theSundaily.my on one computer for your personal, non-commercial use only but you may not in so doing remove or amend any trademark, copyright or other proprietary notice.

G.3
Subject to the above, you may not modify, copy, distribute, republish or upload any of the material on theSundaily.my without our prior consent in writing.

G.4
You shall not acquire any rights to any mailbox number, User ID, IP address, circuit reference and any codes (whether assigned to you or otherwise) and we reserve the right to change any of them at our sole discretion without being liable to you for any damages or losses suffered.

G.5
Any creative suggestions, ideas, notes, drawings, concepts or other information provided by you in respect of theSundaily.my , shall be deemed and remain our property.

H. NO WARRANTY

H.1
You accept that theSundaily.my is provided on an “as is, as available” basis. Any condition or warranty which may be implied or incorporated within the Terms and Conditions by reason of statute or common law or otherwise (including warranties as to merchantability, suitability, satisfactory quality and fitness for purpose) is hereby expressly excluded.

H.2
In particular, we do not give any warranty in respect of the timeliness, accuracy or completeness of any information provided on theSundaily.my because the Internet is, due to unpredictable traffic congestion and other reasons, an inherently unreliable medium of communication and that such unreliability is beyond our control.

H.3
Material displayed on theSundaily.my may include views and opinions of third parties, which do not necessarily reflect ours. Therefore we cannot and do not guarantee the accuracy or completeness of, or otherwise endorse, these views and opinions.

H.4
Where we provide advertisements of third party products or services on theSundaily.my (whether or not by way of hypertext links to another website) we do so for information purposes only, and such advertisements are not endorsements or approval by us of any such products or services and we accept no liability nor make any endorsement or approval of the same. We neither endorse nor approve the contents of the third party websites to which such advertisements are linked and your access to such websites shall be entirely at your own risk and subject to such terms and conditions as may be posted thereon.

I. DISCLAIMER

I.1
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, WE FOR OURSELVES AND ON BEHALF OF OUR OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS EXCLUDE LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF theSundaily.my .

I.2
Without prejudice to the foregoing, we, our officers, employees, agents, suppliers, and licensors shall not be liable to you for any cost, claim, liability, expense, demand or damages whatsoever (including any loss of profits, lost savings, direct, indirect, special, incidental or punitive losses or consequential damages) arising out of:

a) your use or inability to use theSundaily.my or any part thereof;
b) any error, omission or inaccuracy with respect to any advice or information obtained by virtue of theSundaily.my ;
c) the inaccuracies, delays, omissions, non-deliveries, misdeliveries of information caused by any human/mechanical/electrical fault, omission, breach of contract, negligence or otherwise

J. INDEMNITY

J.1
Without prejudice to any of the other provisions of the Terms and Conditions and to any other rights and remedies which we may have at law, you shall indemnify and hold us, our officers, employees, agents, suppliers, and licensors harmless at all times against all actions, proceedings, costs, claims, expenses (including legal costs on a full indemnity basis), demands, liabilities, losses (whether direct, indirect or consequential) and damages (whether in tort, contract or otherwise) whatsoever (including claims made by third parties and claims for defamation, infringement of intellectual property rights, death, bodily injury, wrongful use of computers, unauthorised or illegal access to computers (including hacking), property damage or pecuniary losses howsoever arising, which we, our officers, employees, agents, suppliers and licensors may sustain, incur, suffer or pay arising out of, in connection with or pursuant to the Terms and Conditions or the use of theSundaily.my whether authorised or not or any act or omission on your part.

K. TERMINATION

K.1
Either party may terminate your use of theSundaily.my , effectively immediately, at any time upon written notice to the other party. Upon termination, your right to use theSundaily.my immediately ceases. We shall not be liable to you nor to any third party for such termination.

K.2
Where a paid subscription of theSundaily.my is terminated, we will upon your request refund to you the pro-rata portion of the amount of the subscription fee paid for the unexpired portion of the subscription period. No refund shall be given however if the termination is due to your breach of the Terms and Conditions.

K.3
In addition we reserve the right at our sole discretion to immediately terminate your access to and use of theSundaily.my if you shall fail to comply with any of the Terms and Conditions.

L. NOTICES

L.1
Any notice required or permitted may be made by e-mail properly addressed to the intended recipient, and in the case of notice to us at the e-mail address provide below.

M. ASSIGNMENT

M.1
We may assign, delegate and/or otherwise transfer our rights and obligations hereunder to any person or entity. You may however not assign, delegate or otherwise transfer any of your rights or obligations hereunder without our prior written consent. The contract formed hereunder shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.

N. NO WAIVER

N.1
No waiver on our part to exercise, and no delay in exercising, any right, power or provision of the Terms and Conditions shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or provision hereunder preclude the exercise of that or any other right, power or provision. The rights and remedies provided in the Terms and Conditions are cumulative and are not exclusive of any rights or remedies provide by law.

O. SEVERABILITY

O.1
Should any part of the Terms and Conditions be declared invalid or unenforceable by a court of competent jurisdiction, this shall not affect the validity of any remaining portion and such remaining portion shall remain in full force and effect as if the invalid portion of the Terms and Conditions had been eliminated.

P. ENTIRE AGREEMENT

P.1
The Terms and Conditions contain the entire understanding between us with respect of theSundaily.my and no representation, statement, inducement oral or written, not contained herein shall bind either of us.

Q. AMENDMENT OF TERMS AND CONDITIONS

Q.1
We reserve the right, at our sole discretion, to change, modify, add or remove any of the provisions of the Terms and Conditions at any time. You shall therefore check this page periodically for changes to the Terms and Conditions. Your continued use of theSundaily.my following the posting of changes to the Terms and Conditions shall mean that you accept those changes.

R. GOVERNING LAW & JURISDICTION

R.1
The Terms and Conditions shall be governed by and construed in accordance with the laws of Malaysia and all disputes arising in any way out of or affecting the Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of Malaysia, to which the parties agree to submit.

S. OTHER JURISDICTIONS

S.1
theSundaily.my is intended for use only in Malaysia. Therefore those who choose to access theSundaily.my from locations outside Malaysia do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

T. INTERPRETATION

T.1
Section headings in the Terms and Conditions are for convenience only and shall not affect the meaning or interpretation of the Terms and Conditions or any provisions thereof.

T.2
Words in the singular include the plural, and vice versa.

T.3
A reference to a person includes a reference to a firm, a body corporate, an unincorporated association or authority.

T.4
A reference to writing includes any method of reproducing words in a legible and non-transitory form, including e-mail.

U. PRIVACY POLICY

U.1
We do not collect personally identifiable information about you except when provided voluntarily. Such personally identifiable information may be obtained from a contest registration, when you register to use theSundaily.my and in connection with content submissions, Postings, suggestions, voting/polling activities and transactional areas.

U.2
We may disclose your personal information to third parties if we believe in good faith that such disclosure is necessary: (a) to comply with the law or in response to a subpoena, court order, government request, or other legal process; (b) to protect our interests, rights, safety, or property; (c) to enforce any of the provisions of the Terms and Conditions; (d) to provide you with the services or products requested by you and to perform other activities related to such services and products, including billing and collection; or (e) to operate our systems properly. We may also share your personal information with a sponsor or other third party who is interested in serving you (“Third-Party Providers”). You may inform us at any time not to share your personal information with such Third-Party Providers by sending us an e-mail message at our email address specified below.

U.3
We reserve the right to change this statement at any time by posting revisions on theSundaily.my . This privacy policy is not intended to, and does not, create any contractual or other legal rights in or on behalf of any party.

V. LINKING AND FRAMING

V.1
By linking to theSundaily.my, you represent that you have read and agree to be bound by the terms and conditions of this Section V. You further represent that you have read and agree to be bound by the Terms and Conditions of theSundaily.my .

V.2
You acknowledge that theSundaily.my , including but not limited to the text, contents, photographs, video, audio and graphics thereon, has been specially designed by us for presentation in a unique format and appearance, with our look and feel (collectively “Look and Feel”), and that such Look and Feel is protected by copyrights, trademarks, service marks, international treaties and/or other proprietary rights and laws of Malaysia and other countries. Upon linking to theSundaily.my pursuant to the terms and conditions of this Section V, you will be granted a non-exclusive, non-transferable, royalty-free license to use theSun mark solely for providing an underlined, textual link from your website to www.theSundaily.my . No other use of theSun’s marks or name is permitted without our prior written consent.

V.3
Without limiting the provisions contained in this Section V, you may include a link on your website to www.theSundaily.my homepage, currently located at http://www.theSundaily.my (the “Home Page”). Please notify us at our email address specified below when you link to the Home Page pursuant to this Section V3. You may not however link to www.theSundaily.my any site containing inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topics, names, material or information, or material or information that violates any applicable intellectual property, proprietary, privacy or publicity rights.

V.4
We are concerned about the integrity of theSundaily.my when it is accessed in a manner solely determined by third parties or viewed in a setting solely created by third parties. Specifically, We are concerned with activities such as linking to an internal or subsidiary page of theSundaily.my that is located one or several levels down from the Home Page (“deep linking”), or bringing up or presenting content of theSundaily.my within another website (“framing”). In this regard, without limiting the provisions contained in this Section V, you must make a specific request for, and secure permission from, us prior to deep linking to, or framing, theSundaily.my or any of its content, or engaging in similar activities. If you would like to deep link to or frame theSundaily.my , or any of its content, you must request permission from us by completing our downloadable deep linking / framing request form (PDF) and send it back to us via email.

V.5
We may by notice to you and without assigning any reasons thereof revoke any prior permission granted to you under this Section V to link or deep link to or frame the Home Page or any part thereof and you shall forthwith upon receipt of the notice cease such linking or deep linking or framing.

Last updated on: 21 September 2011

Sun Media Corporation Sdn Bhd (221220-K)

Lot 6
Jalan 51/217
46050 Petaling Jaya
Selangor
Malaysia

For all e-mail communications with us, please contact kathrine@thesundaily.com