@15 Interactive TV Channel Terms of Use and Privacy Policy

1. General

1.1 These terms of Use and Privacy Policy (collectively “TOU”) apply to the use of the Astro. @15 Interactive TV Channel (“TV Channel”), including the sending and receipt of text messages (“SMSs”) for participation in the TV

Channel’s services:

1.1.1 SMS Chat defined as the SMS Chat made available on the TV Channel. In participating in the SMS Chat, you agree to be bound by this TOU. If you do not accept this TOU, you must refrain from participating in the SMS Chat, more particularly, from sending of SMSs to the SMS Chat.

1.1.2 Private Chat defined as the mobile phone-to-mobile phone private SMS chat with other registered users. In participating in the private chat, you agree to be bound by this TOU. If you do not accept this TOU, you must refrain from participating in the Private Chat, more particularly, from sending of private SMSs to Registered Users as defined below.

1.1.3 Premium Download Services defined as the download site from which you are allowed to download from a selection of ring-tones, logos and picture messages onto your mobile phone.

1.1.4 Interactive TV Games defined as interactive SMS TV video games available on selected TV Channel(s) to selected group of subscribers as determined by ASTRO and subject to individual video games instructions and conditions.

1.1.5 Other interactive TV services (including without limitation) Help functions which enable you to obtain a step-by-step guide to participating in various services offered on the TV Channel and block user functions which allow you to block all or selected Registered User from sending in private SMS/s to you. (hereinafter collectively referred to as the “Services”)

1.2 This TOU must be read in conjunction with any other applicable Terms and Conditions or Terms of Use related to or connected with the use of the TV Channel, including but not limited to the ASTRO website Terms and Conditions, which is made available at www.astro.com.my (the “ASTRO website”).

1.3 The Services will operate 24X7 except selected Services as determined by ASTRO from time to time or when  there is some interruption and/or unavailability of the Services when ASTRO is upgrading, updating and/or performing maintenance services to its system. ASTRO may at its sole and absolute discretion change the operational hours at any time without giving any prior notice. Your participation in the TV Channel and the Services during the amended period is governed by this “TOU”.

1.4 If you are under the age of eighteen (18) and are using the Services, you must seek parental or guardian approval before doing so. We consider it the responsibility of parents to monitor their children’s participation of the Services.

2. Terminology

2.1 In this TOU, the terms “we”, “us” and “our” are a reference to MEASAT BROADCAST NETWORK SYSTEMS SDN BHD, carrying on business under the tradename ‘ASTRO’, operator and owner of the mobile phone-to-TV chat, transmitted over ASTRO network of TV channels. The terms “you”, “your” and “yours” are references to users of the TV Channel.

3. Registration

3.1 You must register before using the Services. To register, you must complete your registration details in the manner described on the TV Channel from time to time. The first valid nickname registered by you will be considered the accepted SMS nickname for the purpose of participating in the Services. At any time, ASTRO reserves the right to reject any nickname deemed inappropriate at its sole and absolute discretion and without having to give any prior notice.

3.2 Whether or not you chose to register for the Services you agree to be bound by this TOU when you send your first SMS to participate in any of the Services. By doing so, you acknowledge that you have read, understood and accepted this TOU.

3.3 Registration and participation in the Services are open to active subscribers of the following mobile phone services:

• MAXIS prepaid and post-paid service (012 & 017)
• DIGI prepaid and post-paid service (016)
• CELCOM prepaid and post-paid service (013 & 019)

4. Amendments to this TOU

4.1 We reserve the right to amend any of the provisions of this TOU from time to time. Amendments will be effective immediately upon notification on the ASTRO website or by SMS or transmission over the TV Channel.

4.2 The sending of your first SMS and subsequent SMSs to, and your continued use and participation of, the Services, following such notification will represent an agreement by you to be bound by this TOU as amended.

5. Your Obligations

5.1 By sending SMS to participate in the Services, you agree to abide by the following:

• That all SMSs must be in English or Bahasa Malaysia. SMSs sent in any other languages will be rejected by ASTRO at its sole and absolute discretion.

• you acknowledge that any information or material submitted by you to the Services is and will be treated by us as non-confidential and non-proprietary and we may use such information or material without restriction;

• when you submit material to the Services, you assign all copyright which subsists in such material to us;

• you are responsible for protecting the confidentiality of any pin or password accorded to you from time to time by the TV Channel;

• you will not submit any information or material which is offensive, defamatory, obscene, unlawful, vulgar, harmful, threatening, abusive, harassing or racially objectionable;

• you agree not to disrupt the flow of dialogue or discussion in the Services or otherwise act in a manner which negatively affects other users;

• you agree not to impersonate any other person;

• you agree to provide current, accurate and up-to-date information about yourself as required under this TOU or from time to time by ASTRO or the TV Channel;

• you agree not to submit any unsolicited advertising or promotional materials;

• any messages and/or material which you submit to the Services may be edited or removed by us from the Services, at our sole discretion, without notice at any time;

• you will not submit any material in which the copyright is owned by another person or entity and you warrant that all material submitted is your original work and not sourced from any third party;

• you will not submit any material which contain viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware;

• you will not submit any personal information containing your contact details including without limitation telephone numbers, email addresses, home addresses etc to other Registered Users of the Services;

• you accept that any information or material submitted by you may be posted in the SMS Chat for any other users to read; and that by participating in the SMS Chat and Private Chat, you may be contacted directly by way of SMS by other users of the SMS Chat/Private Chat;

• all information and material provided by us in the Services, or the TV Channel, is provided in good faith. You accept that any information or material provided by us is general information and is not in the nature of advice. We derive our information from sources which we believe to be accurate and up to date as at the date of transmission and we reserve the right to update this information or material at any time;

• we do not make any representations or warranties that the information or material we provide in the TV Channel is reliable, accurate or complete or that your access to the TV Channel and/or the Services will be uninterrupted, timely or secure. We are not liable for any loss resulting from any action taken or reliance made by you on any information or material posted by us. You should make your own inquiries and seek independent advice from the relevant industry professionals before acting or relying on any information or material which appears in the TV Channel and/or the Services;

• we do not accept liability for the accuracy or content of any information or material posted by other users of the SMS Chat and Private Chat. We are not liable for any loss resulting from any action taken or reliance made by you on any information or material posted by another guest;

• we do not accept any responsibility or liability for any information or material which you submit to the Services, nor do we accept any responsibility for any use or misuse which you make of information or material which you submit to the Services;

• we do not warrant that we will respond to questions or comments submitted by you to the Services;

• you may not adapt, reproduce, store, distribute, transmit, print, display, publish or create derivative works from any information or material posted by us in the Services or transmitted over the TV Channel. In addition, you may not commercialise any information, material, products or services so obtained. You acknowledge that we are not liable to you for any loss or damage, however, caused, arising from your subsequent use of such information, material, products or services so obtained.

5.2 By taking part in any of the Services, you agree that you will be subject to an additional premium SMS charge for the various services available on the TV Channel as specified on the channel from time to time.

5.3 The charges stipulated in 5.2 will be in addition to the standard fee charged by your mobile phone operator.

5.4 The charges stated in 5.2 and 5.3 above shall still apply for any messages that have been edited, removed and/or rejected by ASTRO pursuant to this TOU.

6. Disclaimer

6.1 We do not warrant that any message, information or material you submit to the Services will be protected against loss, misuse or alteration by us or third parties.

6.2 We do not warrant that we will post your message, information or material in the Services. If we elect in our sole discretion to post your message, information or material in the Services, we do not warrant that the message, information or material you submit will be posted within a certain timeframe.

6.3 We do not accept responsibility for any loss damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your participation of the Services, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through the Services and/or the TV Channel including (without limitation) any viruses, computer codes, files or programs contained in the downloadable materials made available on the TV Channel which may limit or destroy the functionality of your mobile phone.

6.4 We do not warrant that the information or material provided by ASTRO for download by you or the server that makes it available are free of viruses or other harmful components. We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your participation in any of the Services, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through these Services.

6.5 To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded.

7. Exception of Disclaimer

7.1 This disclaimer set out in this TOU does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.

8. Specific Warnings

8.1 We do not accept liability for any losses arising directly or indirectly from a failure to provide the Services or the TV Channel, corruption to or loss of data, errors or interruptions, any suspension or discontinuance of the service, any transmissions by other users in contravention of their obligations as set out in this TOU.

8.2 You acknowledge and agree that we cannot confirm the identity of other users or prevent them acting under false pretences, or from sending you SMSs directly.

8.3 You acknowledge and agree that we are not responsible for any problems or disputes and/or complaints concerning quality of the Services and you agree that you will resolve such problems, disputes or complaints directly with your mobile phone service operator. You also acknowledge that it has been brought to your attention that the mobile operator fee for each SMS sent is separate from the premium rate for participating in the Services, as advertised.

8.4 Responsibility for the content of advertisements appearing on the TV Channel rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by ASTRO of the advertisers’ products and each advertiser is solely responsible for any representations made in connection with its advertisement.

9. Indemnity

9.1 You agree to indemnify and keep safe, ASTRO and our related bodies corporate and our directors and employees against any claim whether by 3rd party or otherwise arising out of:

(a) a breach of this TOU either by you or by any person using your mobile handphone, password or ID as the case may be, whether or not you have authorised that person or not;

(b) any claim or dispute arising out of or connected with the provisions of Paragraph 8 above.

10. Copyright

10.1 Copyright in all information and material posted by us in the Services or the TV Channel (including text, graphics, logos, icons, sound recordings and software) are owned or licensed by us. Save in accordance with law which applies in your location, and except as expressly authorised by this TOU, you may not in any form or by any means:

• adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the Services or the TV Channel; or
• commercialise any information, products or services obtained from any part of the Services or the TV Channel;
without our written permission.

11. Privacy Policy

11.1 We undertake to comply with the terms of our privacy policy set out below.

12. Governing Law

12.1 These terms and conditions are governed by the laws in force in Malaysia. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.

13. Miscellaneous

13.1 We accept no liability for any failure on our part to comply with this TOU where such failure is due to circumstances beyond our reasonable control.

13.2 If we waive any rights available to us under this TOU on one occasion, this does not mean that those rights will automatically be waived on any other occasion.

13.3 If any of the provisions of this TOU is held to be invalid, unenforceable or illegal for any reason, the remaining Terms shall nevertheless continue in full force.

PRIVACY POLICY - @15 Interactive TV Channel

We may collect your contact information (like their mobile handphone caller identity). Unless you object, this information may be used:

• to send news, information about our activities and general promotional material which we believe may be useful to you;
• to monitor who is participating in the Services; and
• to profile the type of people participating in the Services.

Your SMS content may be monitored by us for trouble-shooting or maintenance purposes or if any form of SMS abuse is suspected.
Personal information which we collect may be aggregated for analysis but in such circumstances we would ensure that individuals would remain anonymous.

All personal information which we collect is kept confidential to the best of our ability. You will appreciate, however, that we cannot guarantee the security of transmission.