TERMS AND CONDITIONS
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING OUR SERVICES.
1.1 These Terms and Conditions (“T&C”) govern the access or use by you, on applications, websites, content, products, and services made available by Cineplus Sdn. Bhd. [Registration No. 202101000593 (1400891-A)] a company which is incorporated in Malaysia (“Cineplus” or“the Company”).
1.2 Your access and use of the Services constitute your agreement to be bound by these T&C, which establishes a contractual relationship between you and Cineplus. If you do not agree to these T&C herein, you may not access or use the Services. These T&C expressly supersede any prior agreements or arrangements between Cineplus and you. Cineplus may immediately terminate these T&C or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
1.3 Supplemental terms and conditions may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with those applicable Services. Supplemental terms and conditions are in addition to, and shall be deemed a part of, the T&C for the purposes of the applicable Services. Supplemental terms and conditions shall prevail over these T&C in the event of a conflict with respect to the applicable Services.
1.4 Cineplus reserves the right to modify, vary, amend or change the terms and conditions or its policies relating to the Services at any time as it deems fit. Such modifications, variations, amendments or changes to the T&C policies relating to the Services shall be effective upon the posting of an updated version at [cineplus.asia]. You acknowledge that it shall be your responsibility to review this T&C regularly whereupon the continued use of the Services after any such changes, whether or not reviewed by you, shall constitute your consent and acceptance to such changes.
1.5 Cineplus is an over-the-top platform (the OTT “Platform”) that provides a personalized subscription application for its subscribers/users to view movies, digital contents, shows, live shows as well as original contents via internet through different means such as mobile devices, laptops, computers, smart TV and any other devices that support the Platform. Further, Cineplus may also provide its subscribers/users to upload their content, media and live stream feeds through https://www.cineplus.com(“Website”) and mobile applications (“App”). Through Cineplus’s Platform, Users will be able to discover, watch, access, stream movies and TV shows, share videos and other content, to connect with other Users, inform, and inspire others across the globe, acts as a distribution platform for original content creators and advertisers large and small (collectively, the “Services”). For the avoidance of doubt, Cineplus merely provides a Platform and/or Services for its Users to access movies and TV shows which are licensed to Cineplus (the “Licensed Content”) and/or allows the Users to create and share videos and other content (collectively, the “Users Content”) on the Platform (collectively, “Contents”). Hence, other than the Licensed Content, Cineplus neither owned nor be responsible for the Users’ Content posted on the Platform. Any liability in relation to the Services shall be borne by the Users.
2.1 For purposes of this T&C, the following definitions apply :-
- “Account”means the user account registered by the User in the Cineplus’s mobile application;
- “App”means the relevant mobile application(s) made available for download by Cineplus (or its licensors) to Users;
- “Force Majeure Event” means an unforeseeable event or a series of events beyond the control of the parties which includes natural causes (fire, storms, floods), governmental or societal actions (war, invasion, civil unrest, labor strikes) that prevents the related parties in performing under this T&C;
- “Licensed Content” means the any content which was licensed by Cineplus;
- “Party” or “Parties”refers to the parties in relation to this T&C (i.e Cineplus, Users and Service Providers);
- “Platform” meansthe over-the-top platform which allows the Users to use the Services through Cineplus’s Website and App;
- “Services”refers the service offered by Cineplus for Users to discover, watch, access, stream movies and TV shows, share videos and other content, to connect with other Users;
- “Subscription Plans” means the subscription packages or plans as stated in the Platform offered by Cineplus to its Users;
- “Subscription Fee” means the fee charges for the subscription packages or plans respectively;
- “T&C” means these Terms and Conditions stipulated herein;
- “Users Content” means the content which were created, produced, uploaded and shared by the Users on the Platform;
- “Website” refers to [Website link]
- “we”, “us”, “our”refers to Cineplus and its affiliate (distribution) partners; and
- “you”, “your”, “yours”and “User” refers to the end user who uses the Services;
3. SCOPE OF SERVICE
Cineplus is an over-the-top Platform which enables Users’ access and use of Cineplus’s streaming Services offering a selection of television shows, live shows, movies, clips, and other audio-video content via internet-connected digital devices such as TV, computers, mobile phones and other devices. As part of this, Users may create and upload contents to the Platform, access and stream the existing contents on the Platform through the Website and/or App.
Subject to your compliance with these T&C, Cineplus grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: –
- access and use the App on your personal device solely in connection with your fulfilment of the Services; and
- access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by Cineplus.
3.2 Third Party Services and Content
The Services and all rights therein are and shall remain Cineplus’s property or the property of Cineplus’s licensors. Neither these T&C nor your use of the Services convey or grant to you any rights:-
- in or related to the Services except for the limited license granted above; or
- to use or reference in any manner T&C’s company names, logos, product and service names, trademarks or services marks.
4. USE OF CONTENTS
4.1 The Contents will be made available to you through different modes, at the discretion of Cineplus, including video on demand for viewing at your discretion at a time chosen by you, through streaming and/or live streaming and/or temporary download for offline viewing.
4.2 You acknowledge that the Platform (including its features, layout, and interface) and the Contents may vary from place to place, time to time and device to device and are subject to various parameters such as specifications, device, internet availability and speed, bandwidth, etc. Cineplus is constantly evolving and will change over time. In this extent, Cineplus reserves the right to make such changes on the Platform.
4.3 The Contents on Cineplus refers to any information, data, text, software, music, audio, photos, graphics, video whether transmitted or disseminated through the services provided by Cineplus by uploading, posting or any other means on the Platform. For the avoidance of doubt, the Contents on the Platform, including but not limited to links or other materials, whether publicly or privately uploaded, posted, transmitted or disseminated on the Platform, the content providers and the Users shall bear full responsibility for the content uploaded to the Platform. You agree that Cineplus shall not be responsible for the Content.
4.4 Cineplus uses various technologies to provide you with an optimal viewing experience. For example, SD, HD, 2K-transcoding and/or 4K Ultra HD quality is available for certain Contents and not all Contents are available in all formats. However, the quality of the display of the Contents in the Platform may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. SD, HD, 2K-transcoding and 4K Ultra HD availability is subject to your Internet service and device capabilities. That said, the playback quality of Contents, including the resolution, may be affected by the format of the Contents, your location, the speed, bandwidth and specific terms of your Internet service, the devices used and among other factors. The time it takes you to begin viewing Content will vary based on a number of factors, including your location, internet bandwidth, the number of devices simultaneously connecting to the same network, the Contents you have selected and the configuration of the device you are using. Hence, you are responsible for all Internet access charges and shall check with your Internet provider for information on possible Internet data usage charges. You agree and acknowledge that Cineplus are not responsible for the quality of the Contents neither any charges arise for the quality of Content in these respects.
4.5 Contents available on Platform may be to elicit varying reactions among different people. You may come across Contents that you find offensive, indecent, explicit or objectionable. Also, content ratings, types, genres, categories, descriptions and/or separate sections for Contents are provided as suggestions to help with navigation and for informational purposes. You agree and acknowledge that Cineplus does not guarantee that you will agree with the Contents made available on the Platform. You agree and acknowledge that the responsibility for browsing and choosing the appropriate Contents for your or your family shall be solely rest on you. Hence, you agree that you shall use the Platform and Service at your own risk.
4.6 You agree and acknowledge that Cineplus makes no representations, warranties or guarantees, whether express or implied, that any Contents (including User Content) is reliable, accurate, complete or up to date. Where the Services may contain links to other sites and resources provided by third parties, these links are provided for your information only. Cineplus shall have no control over the contents of those sites or resources. Such links should not be interpreted as approval neither endorsed by Cineplus of those linked websites or information you may obtain from them. You acknowledge that Cineplus shall have no obligation to pre-screen, monitor, review, or edit any content posted by you and other users on the Services (including User Content).
4.7 All the Licensed Contents are protected by copyrights, patents, trade secrets or other proprietary rights under the laws of Malaysia and other countries. Some of the characters, logos or other images incorporated by Cineplus on this website are also protected as registered or unregistered trademarks, trade names and/or service marks owned by Cineplus or others. No such proprietary rights shall be transferred or be deemed transferred to you.
4.8 You shall not copy, record, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any part of the Licensed Contents. Without limiting the generality of the foregoing, you shall not distribute any part of this website over any network, including a local area network, nor sell or offer it for sale. In addition, these files may not be used to construct any kind of database. Using any material on any other website or networked computer environment is prohibited. Also, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on this website into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited.
4.9 You agree and acknowledge that Cineplus may allow or permit the Users to upload, post or transmit or otherwise make available content through the Services including, without limitation, any text, photographs, user videos, sound recordings and the musical works embodied therein, including videos that incorporate locally stored sound recordings from your personal music library and ambient noise. All the User Contents uploaded by you on the Platform shall be accessible and viewed by other Cineplus Users. Cineplus may categorise your User Content based on the description provided by you in the User Contents. However, you agree and acknowledge that Cineplus shall not be responsible in the event that the categorisation of your User Content is not accurate.
4.10 By uploading and posting your User Content on the Platform, you agree that you shall own and retain the ownership of all intellectual property rights in and to the User Content that you submitted and you hereby grant us:-
- an unconditional irrevocable, non-exclusive, royalty-free, fully transferable, perpetual worldwide licence to use, modify, adapt, reproduce, make derivative works of, publish and/or transmit, and/or distribute and to authorise other users of the Services and other third-parties to view, access, use, download, modify, adapt, reproduce, make derivative works of, publish and/or transmit your User Content in any format and on any platform, either now known or hereinafter invented;
- a royalty-free license to use your username, image, voice, and likeness to identify you as the source of any of your User Content; provided, however, that your ability to provide an image, voice, and likeness may be subject to limitations due to age restrictions.
4.11 By uploading and posting your User Content on the Platform, you shall grant each such person permission to stream and/or download or embed your User Contents by default. Cineplus shall not be liable or have control whatsoever over the manner that other Users or third parties to use, stream, download, or embed your User Content. In the event that you have enabled a video privacy setting or disabled downloading or embedding, Cineplus may limit distribution of your User Content pursuant to your selection. For the avoidance of doubt, if you do not or omit to change your privacy setting or disabled downloading or embedding, it shall be impliedly deemed that you have consented to grant all Users permission to stream, use, download or embed your User Content.
4.12 You further acknowledge that, except as specifically permitted by us in these T&C or in another agreement you entered into with us, you have no right to receive any income or any other consideration includes but not limited to monetary or non-monetary consideration, remuneration or commissions from Cineplus for any User Content or your use of any musical works, sound recordings or audio-visual clips made available to you on or through the Services and or Platform, including in any User Content created by you.
4.13 When you upload, submit and post the User Content on the Platform, you agree and represent that you own that User Content, or you have received all necessary permissions, clearances from, or are authorised by, the owner of any part of the content to submit it on the Platform, to transmit it from the Platform to other third party platforms, and/or adopt any third party content. If you only own the rights in and to a sound recording, but not to the underlying musical works embodied in such sound recordings, then you shall not post such sound recordings to the Services unless you have all permissions, clearances from, or are authorised by, the owner of any part of the content to submit it to the Services.
4.14 In the creation, production, making, uploading or posting of the User Content whether or not the content is owned by you, you shall represent, warrant and undertake that the content and material of the User Content shall not contain or involved in, including but not limited to: –
- intimidating or harassing of another, or to promote sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- any private information of any third party, including addresses, phone numbers, email addresses, number and feature in the personal identity document (e.g., NRIC, passport numbers, mobile phone numbers) or credit card numbers;
- any material which does or may infringe any copyright, trademark or other intellectual property or privacy rights of any other person;
- any material which is defamatory of any person, obscene, offensive, pornographic, hateful or inflammatory;
- any material that would constitute, encourage or provide instructions for a criminal offence, dangerous activities or self-harm;
- any material that is deliberately designed to provoke or antagonise people, especially trolling and bullying, or is intended to defame, slander, harass, harm, hurt, scare, distress, embarrass or upset people;
- any material that contains a threat of any kind, including threats of physical violence;
- any material that propagating cults and superstitions;
- any material that is racist or discriminatory, including discrimination on the basis of someone’s race, religion, age, gender, disability or sexuality; and
- any material that, in the sole judgment of Cineplus, is objectionable or which restricts or inhibits any other person from using the Services, or which may expose Cineplus, the Services and/or Platform or its users to any harm or liability of any type.
4.15 You agree and acknowledge that notwithstanding your ownership and license to your User Content, Cineplus reserves the right, at any time and without prior notice, to delete, remove the User Content or disable access to the User Content at Cineplus’s sole discretion for any reason or no reason. Some of the reasons that Cineplus may remove or disable access to the User Content may include finding the User Content objectionable, in violation of these T&C or otherwise harmful to the Services or other Users.
4.16 You agree and acknowledge that Cineplus makes no representations, warranties or guarantees, whether express or implied, that any Contents (including User Content) is reliable, accurate, complete or up to date. Where the Services may contain links to other sites and resources provided by third parties, these links are provided for your information only. Cineplus shall have no control over the contents of those sites or resources. Such links should not be interpreted as approval neither endorsed by Cineplus of those linked websites or information you may obtain from them. You acknowledge that Cineplus shall have no obligation to pre-screen, monitor, review, or edit any content posted by you and other users on the Services (including User Content).
4.17 In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age, or the age of legal majority, to obtain an Account. Upon registration, you shall provide and submit your personal information, such as your name, identification number (i.e., NRIC No. and/or Passport No.), identification card photo with selfie, address, mobile phone number and age to Cineplus.
4.19 You agree to maintain true, accurate, complete, and up-to-date information in your Account and Cineplus may reserve its rights on requesting its users on performing a reasonable verification and providing any identification documents for the purpose of verification. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or Cineplus’s termination of these T&C with you.
4.20 You shall be responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password, at all times. Unless otherwise permitted by Cineplus in writing, you may only possess one Account.
Restrictions for Users
4.21 By using the Services, you agree that: –
- You shall not authorize third parties to use your Account;
- You shall not assign or otherwise transfer your Account to any other person or entity;
- You shall not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to other Users or any other party;
- You shall not remove any copyright, trademark or other proprietary notices from any portion of the Services;
- You shall not copy, reproduce, modify, prepare derivative works based upon distribution, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast the any content on the Platform or otherwise exploit the Services unless as expressly permitted by Cineplus;
- You shall not link to, mirror or frame any portion of the Services;
- You shall not cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services;
- You shall not attempt to gain unauthorised access to or impair any aspect of the Services or its related systems or networks;
- You shall not abuse the system of Cineplus including any system bug or loophole which may occur from time to time;
- You shall not use the Services for any unlawful purpose for sending or storing any unlawful material or for fraudulent purposes; and
- You shall not send or store infringing, obscene, threatening, libellous or otherwise unlawful or tortious material, including but not limited to materials harmful to children or violative of third party privacy rights.
Network Access & Compatibility
4.22 You shall ensure that you download the correct App and use the most updated version for your device. Cineplus shall not be liable for the download and usage of wrong and/or outdated App on your device.
4.23 You shall be responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data fees and dialling and/or messaging rates fees (if any) may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees.
4.24 Different models or versions of routers, browsers and devices may have firmware or settings that are not compatible with the Platform. Cineplus shall not guarantee that the Services, or any portion thereof, will function on any or particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet.
4.25 The Service and Platform may be subject to limitations, delays, and other problems inherent in the use of the internet including the device used by you or the device being faulty, not connected, out of range, switched off or not functioning. Cineplus shall not be responsible for any delays, damages or losses resulting from such problems.
4.26 You agree that Cineplus shall not guarantee that the Services and Platform will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our Services. You should use your own virus protection software.
5. SUBSCRIPTION PLANS AND PAYMENT
5.1 For better experience of the Services, Cineplus offers various Subscription Plans to the Users and your billing cycle shall depend on your chosen Subscription Plan from time to time.
5.2 By signing up for a Subscription, you agree that your Subscription service will be automatically renewed and, unless you cancel your subscription or until it expires, you shall authorise Cineplus to charge your preferred payment method for the renewal term. The period of auto-renewal shall be the same as your initial Subscription period unless otherwise disclosed to you. The Subscription Fee shall be inclusive of applicable taxes where required by law. The Subscription Fee paid by you are final and non-refundable, unless otherwise determined by Cineplus.
5.3 You agree that the Subscription Plans and/or the specific titles available through the Subscription services may be changed over time by Cineplus without notice (except as may be required by applicable law). Unless otherwise indicated, any price changes are effective as of the beginning of the next subscription period. If you do not agree to a subscription change, you may cancel your subscription per Clause 5.9 below.
5.4 In the event that you change your Subscription Plan, this could result in changing the day on which you are billed and the amount which you are billed for. In certain circumstances, Cineplus may at its sole discretion, allow you to subscribe to a new Subscription Plan with a longer period, and in doing so allow you to change your existing Subscription Plan to another (with a longer Subscription period), you would be required to pay the difference in rates (on a pro rata basis) for the new Subscription Plan selected and would be billed as per the new Subscription Plan from the next billing / renewal cycle. The new Subscription will be effective from the date on which you select such plan and make appropriate payments as necessary. If you subscribed via a third party, any change in Subscription Plans shall be through such third party(ies). It is hereby clarified that Cineplus shall not be liable for any refunds in case the Subscription Fees of your new Subscription Plan is less than your existing Subscription Plan.
5.5 Some of the Subscription services that we offer are from third parties (i.e., Cineplus’s affiliates or related Company). You agree that the subscription of services that you obtained from the third parties shall be fully based on their terms and conditions which Cineplus shall not have any control or responsibility whatsoever, in the event that third parties wish to change or discontinue such features of their services or the content in their services.
5.6 All Subscription Fees are due immediately and payment will be facilitated by Cineplus using the preferred payment method designated in your Account, after which Cineplus shall issue a receipt to you by email. In the event that your primary Account payment method is determined to be erroneous, expired, invalid or otherwise not able to be charged, Cineplus may prompt you via a general notification in the App to inform you of the transaction error. There are several ways in which you can make a successful transaction, including without limitation, (i) FPX Transactions; (ii) VISA Card payment; (iii) redemption through Quin Reward; and/or (iv) any other payment method available in your user account. You agree that Cineplus may use a secondary payment method in your Account, if available.
5.7 Cineplus may from time to time provide certain users with promotional offers and discounts via Quin Reward App that may result in different amounts of the Subscription Fee charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Subscription Fee applied to you.
5.8 In the event that you have breached or violated any terms in this T&C, Cineplus shall reserve all rights to terminate and/or suspend your Account and shall not be responsible to refund and/or compensate you for the termination and/or suspension of your user Account.
You may cancel the Subscription at any point of time. Thus, the Subscription in your Account will be automatically ended at the end of your current billing period. In the event that the cancellation of the Subscription was made in the middle of the billing period, the Subscription Fee for such period and/or any unwatched Content shall not be refundable to you. However, you may then continue to use the Service until the end of the billing period. You may be requested to provide your reason(s) for cancelling and unsubscribing the plans for Cineplus’s improvement of service and such reason(s) shall be recorded in our system.
5.10 Refund Policy
Any request of refund of the Subscription Fee shall be subjected to Cineplus’s approval. You agree and acknowledge that the decision on approving the refund and the amount of the refund shall be at Cineplus’s absolute and sole discretion.
5.11 Subject to the Clause 5.8 in this T&C, you may be eligible to receive a full or partial refund during:-
- the Subscription Fee was erroneously charged and/or debited from your Account or you have experienced a technical issue, like an eligible promotion not applying correctly; or
- there is fraud or any other crime involved.
5.12 You may submit a request for a refund or lodge a general complaint about your experience on the Platform to Cineplus’s customer service team or in the App within 30 days after encountering an issue. If we determined that you are eligible for such refund, you may expect refund(s) to be made to your original payment method within 3-5 business days.
5.13 Cineplus shall thoroughly investigate each report or complaint lodged. Providing inaccurate information about your experience on the Platform when disputing fees or charges may result in your request being denied and/or your account being deactivated.
6. LIMITATION OF LIABILITY
6.1 You agree that any of your claims against Cineplus shall in any event be limited to the aggregate amount of all amounts actually paid by and/or due from you in utilising the Service during the event giving rise to such claims. In no event shall Cineplus be liable to you or anyone for any direct, indirect, punitive, economic, future special, exemplary, incidental, consequential or other damages or losses of any type or kind (including personal injury, emotional distress and loss of data, goods, revenue, profits, use or other economic advantage).
6.2 You agree that Cineplus shall not be in any role in managing the transaction or relationship between you and other Users, or the advertiser, or sponsor whose advertising appears on the Website or App or is referred to by the service, application and/or the software.
6.3 You agree that Cineplus and/or its licensors shall not be liable for any loss, damage or injury which may be incurred by or caused to you or to any person for whom you have subscribed or use the service for, including but not limited to loss, damage or injury arising out of, or in any way connected with the Service, App and/or the Website, including but not limited to the use or inability to use the Service, App and /or the Website, any reliance placed by you on the completeness, accuracy or existence of any of the materials contained in the Contents and/or any of the advertisers.
6.4 You agree and acknowledge that all materials contained Contents including Licensed Content and User Contents made available on the Platform is entirely the responsibility of the Contents’ creator(s) and/or owner(s) and/or producer(s) who ultimately creates, makes, produces such Contents. Thus, you understand that the use of the Services at the Platform is at your own risk and you agree that Cineplus is/ does not responsible, endorse, owned and have control over any of the material contained in the Contents.
6.5 You expressly waive and release Cineplus from any and all liability, claims, causes of action, or damages arising from your use of the Service and/or App and/or the Contents, or in any way related to the user introduced to you by the Service and/or App.
6.6 You agree that Cineplus shall not be a party to disputes, negotiations of disputes between you and any other third parties. Any solutions for the disputes between you and any other third parties in relation to the Services shall not deemed to be endorsed by Cineplus.
6.7 Cineplus shall be released and waived from any acts, omissions, negligence and illegal acts which is committed by you.
7.1 You agree to indemnify and keep Cineplus fully and effectively indemnified from and against all claims, damages, expenses, costs and liabilities (including legal fees) relating to or arising from your use of our Platform and Services whether through our Website or App offered by us, or arising from any breach or suspected breach of these T&C by you or your violation of any law or third party rights.
8.PERSONAL DATA PROTECTION AND CONFIDENTIALITY
8.2 For the purposes of this T&C, “Personal Data”means information about you, from which you (or any individual) are identifiable, including but not limited to your name, identification card number, birth certificate number, passport number, nationality, address, telephone number, credit or debit card or account details, race, gender, date of birth, email address and any information about you which you have provided to Cineplus in registration forms or any other similar forms and/or any information about you that has been or may be collected, stored, used and processed by Cineplus from time to time and includes sensitive personal data such as data relating to health, religious or other similar beliefs.
8.4 As the Cineplus’s information technology storage facilities and servers may be located in other jurisdictions, your Personal Data may be transferred to, stored, used and processed in a jurisdiction other than Malaysia.
8.5 You acknowledge that Cineplus may disclose Personal Data of other individuals to you in the course of your use of Cineplus’s Services. You represent and warrant that you will only use such Personal Data for the purpose for which it was disclosed to you by Cineplus, and not for any other unauthorized purposes.
9.1 Suspension and Termination
You agree that Cineplus may do any of the following, at any time, without notice:
- to modify, suspend or terminate operation of or access to the App, or any portion of the App (including access to your Account and/or the availability of any Contents or Services), for any reason;
- to modify or change any applicable policies or terms; and
- to interrupt the operation of the App or any portion of the App (including access to your Account and/or the availability of any Contents or Services), as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Cineplus shall not be required to compensate you for any suspension or termination.
9.2 Failure to comply with any of the provisions of this T&C by you shall be deemed as material breach and Cineplus shall reserve the rights, including but not limited to, claim compensation against you and/or suspend or terminate your account immediately.
Cineplus may give notice by way of a general notice on the App, Websites or to your email address, and/or by written communication sent to your address as provided in the Application Form. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting.
9.4 You may give notice to Cineplus by written communication to Cineplus’s address at 7-3-12 D’Piazza Mall, Jalan Mahsuri, 11950 Bayan Lepas, Penang.
You agree that this T&C is subject to all prevailing statutory taxes, duties, fees, charges and/or costs, however denominated, as may be applicable from time to time. You shall comply with all applicable laws and take all steps required to enable, assist and/or defend Cineplus to claim or verify any input tax credit, set off, rebate or refund in respect of any taxes paid or payable in connection with the Service.
9.6 Where applicable, you are accountable for paying any tax and statutory contributions due in respect of sums payable to you under or in connection with this T&C.
You shall maintain in confidence all information and data relating to Cineplus, its Services, contents, products, business affairs, marketing and promotion plans or other operations and its associated companies which are disclosed to you by or on behalf of Cineplus (whether orally or in writing and whether before, on or after the date of this T&C) or which are otherwise directly or indirectly acquired by you from Cineplus, or any of its affiliate companies, or created in the course of this T&C. You shall further ensure that you only use such confidential information in order to use the Service, and shall not without Cineplus’s prior written consent, disclose such information to any third party nor use it for any other purpose.
9.8 The above obligations of confidentiality shall not apply to the extent that you can show that the relevant information:-
- was at the time of receipt already in your possession;
- is, or becomes in the future, public knowledge through no fault or omission on your part;
- was received from a third party having the right to disclose it; or
- is required to be disclosed by law.
9.9 The above obligations of confidentiality shall apply even after you have ceased using the Service.
9.10 Intellectual Property
Cineplus and its licensors, where applicable, shall own all right, title and interest, including all related intellectual property rights, in and to the Platform whether through Website or App and by extension, the Service and any contents, suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service. The T&C do not constitute a sale agreement and do not convey to you any rights of ownership in or related to the Service, the Website and/or the App, or any intellectual property rights owned by Cineplus and/or its licensors. Cineplus’s name, logo, the Service, the Website and/or the App and the third party service providers’ logos and the product names associated with the Website and/or the App are trademarks of Cineplus or third parties, and no right or license is granted to use them. For the avoidance of doubt, the term of the Website and the App herein shall include its respective components, processes and design in its entirety.
9.11 Copyright is a legal right that protects original works of authorship (e.g., music, videos) and original expression of an idea (e.g., the specific way a video or music is expressed or created), although does not protect underlying ideas or facts. A trademark is a word, symbol, slogan, design that identifies and distinguishes the source of a product or service. Cineplus encourages all Users to create and share original content. Contents that infringe a third party’s intellectual property rights is prohibited on Cineplus’s Platform and may be removed at Cineplus’s sole discretion upon Cineplus’s discovery or receipt of complaints. The use of copyrighted work under certain circumstance, such as the fair use doctrine or other applicable laws, or the use of a trademark to reference, lawfully comment, criticize, parody, make a fan page, or review a product or service may not be considered a violation of Cineplus’s policies.
9.12 In the event that you discover any intellectual property rights has been violated, you may lodge a complaint to Cineplus’s customer service team. Any contents that violate third party’s intellectual property rights may be taken down from the Platform by Cineplus. Repeated violations of third party’s intellectual property rights in connection with the use of the Services or Platform may result in the suspension or termination of the user account. Cineplus reserves the right to refuse any account holder whose account was used for improper activities from opening a new account on Platform, or otherwise hosted by Cineplus.
Nothing contained in these T&C shall be construed as creating any agency, partnership, or other form of joint enterprise with Cineplus.
This T&C shall be governed by the laws of Malaysia. Any disputes, actions, claims or causes of action arising out of or in connection with this T&C shall be subjected to the exclusive jurisdiction of the courts of Malaysia to which you hereby agree and submit to.
9.16 You shall not assign, transfer or delegate this T&C and your rights and obligations hereunder without Cineplus’s prior written consent. Cineplus may without restriction assign, transfer or delegate this T&C and any rights and obligations hereunder, at tits sole discretion, with the provision of 30 days prior notice.
9.17 A person who is not a party to this T&C shall not have any rights under this provision to enforce any term of this T&C.
9.18 No joint venture, partnership, employment, or agency relationship exists between you, the Company or any third party provider as a result of the T&C or use of the Service
If any terms under these T&C is held to be illegal, invalid or unenforceable, in whole or in part, under any enactment or rule of law, the term or part of it will, to that extent, be deemed not to form part of these T&C but the legality, validity or enforceability of the remainder of these T&C will not be affected.
9.20 Force Majeure
No Party shall be liable to the other for any delay or non-performance of its obligations under this T&C arising as a direct result of a Force Majeure Event including but not limited to any strike, pandemics, lockdown or other industrial actions or Acts of God such as fire, floods and any other unforeseen event beyond the control of the Parties.
9.21 Without prejudice to any other obligation herein, when notice of a Force Majeure Event is given, the Parties shall initiate discussions in good faith with a view to adopting appropriate measures in light of the circumstances.
9.22 Where a Force Majeure Event, lasts for more than 30 business days then the non-impacted party may terminate this T&C by providing the other party written notice.
9.23 Each Party shall bear all costs and expenses that it incurs as a result of the Force Majeure Event.
9.24 A Force Majeure Event shall not excuse the Corporate from any payment obligations under this T&C.