Terms of Use

TERMS OF USE “THELAKI”

Please read these terms and conditions (“Terms of Use”) before you use and/or visit this website or “THELAKI” mobile applications (including all content available through “THELAKI” domain name, the “THELAKI” website (hereinafter referred to as “Website”) which is owned by Synchrosound Studio Sdn. Bhd. [collectively referred to “THELAKI”. By listening, downloading or subscribing to our services from “THELAKI” or register an account for “THELAKI” you agree to be bound by Terms of Use and other terms mentioned herein. “THELAKI” is referred to as “we” or “us”. We reserve the right to revise, change, modify, alter or amend the Terms of Use at any time without prior notice. Please visit this page regularly to review for the current terms. Your access or use of “THELAKI” will be deemed as an irrevocable acceptance of such revisions, changes, modifications, alterations or amendments.

 

“THELAKI” Website

The Terms of Use apply to all users of the “THELAKI”. This Website may contain links to third party websites that are not owned or controlled by “THELAKI”. We have no control over these websites and we are not responsible for the content or privacy policies of any third party websites. Please read the terms and conditions and privacy policy of each website that you visit.

Violation of the Terms of Use may result in a warning notification or may result in termination of your “THELAKI” user ID and deletion of all your contents. We decide at our sole discretion if we believe your violation of the Terms of Use or other terms imposed by “THELAKI” should result in such termination or deletion of content.

In connection with the use of the Website, you shall abide by all applicable laws including those pertaining to libel, slander, defamation, product disparagement, harassment, invasion of privacy, personal data, tort, obscenity, indecency and intellectual property. The information and content available on the Website, may include intellectual property that is protected under applicable copyright, trademark and other intellectual property laws. Such intellectual property laws prohibit the unauthorised reproduction, distribution or exhibition of all text, photographic and graphic, images, music, sound samplings and other protected materials. The violation of applicable intellectual property laws may give rise to civil and criminal penalties.

When interacting with other users/visitors for their services, you should do so with caution and common sense to protect your personal safety and property. We, our affiliates or licensors are not responsible for the conduct, whether online or offline, of any user/visitor of the services. We, our affiliates or licensors will not be liable for any claim, injury or damage arising in connection with your use of the services.

We hereby grant you permission to use the Website as set forth in the Terms of Use provided that your use of the Website as permitted is solely for your personal, non-commercial use.

 

Privacy Policy

Our Privacy Policy applies to the use of the Website and is made part of these terms. It also explains our policy related to the collection, use and storage of your personal information. By accessing and using the Website or any service provided on the Website, you consent and agree to the terms specified in the Privacy Policy and all our actions taken in respect with your personal data consistent with our Privacy Policy. Click HERE to read our Privacy Policy.

 

Content

All content that are published by us may not be copied, reproduced, republished, performed, uploaded, posted, transmitted, or distributed in any way, without our prior written permission.

 

Accuracy of this Website

While every precaution has been taken in the preparation of the Website and every effort made, the accuracy of information mentioned in the Website are subjected to changes and differences. We shall not be liable for any errors or omissions that may remain and any losses or inconveniences incurred as a result of such changes or differences.

The Website may contain inadvertent inaccuracies or typographical errors. These will be corrected at our, as they are found. The information on this Website is updated regularly, but inaccuracies may remain or occur where changes occur between updates. We exclude any obligation or responsibility for such content.

Part of this Website contains materials are contributed by other organisations. “THELAKI” shall not be responsible for any error, omission or misrepresentation in such materials.

Some of the materials published on “THELAKI” provide general information only. They are not intended as advice and must not be relied upon as such. The materials have not been prepared by taking into account your personal needs and requirements. You should make your own inquiries and if necessary take independent advice tailored to your specific circumstances before making any decisions. None of the material on “THELAKI” constitutes, and must not be construed as, an offer of sale of the products mentioned therein, if any. Nor is it an invitation or recommendation to you to offer to purchase such products, if any.

 

Third Party Pricing and Promotions

While every precaution has been taken in the preparation of this web site, the accuracy of promotions and prices of items advertised or mentioned in the Website are subjected to changes and differences. In the event of any discrepancies between the promotions and/or prices mentioned here and actual promotion and/or prices offered, the vendors’ or suppliers’ promotions and prices shall be taken as the final accurate version. We shall not be liable for any losses or inconveniences incurred as a result of such changes or differences. We shall not be responsible for mediating such disputes between the vendors and the customers or any other parties.

 

Acceptance of Terms

You must be eighteen (18) years of age and above in order to use and access the features and services of “THELAKI” or make any transactions on “THELAKI”. By using “THELAKI” you represent and warrant that you are a legal adult, you are fully able and legally competent to enter into a binding contract with us and comply with these terms and conditions. If you are under eighteen (18) years old, your legal guardian’s consent must be obtained or we may refuse service, cancel subscription or terminate your account at our sole discretion.

 

Prohibition

You represent and warrant that:

  • you are allowed to embed the URL(s) that contain the Content hosted on “THELAKI” to your own website, blogs, social media platforms, applications, platforms or services, provided always : (a) the embedded URL on such sites, applications, platforms or services shall redirect any visitor or user on such sites, back to the Website; (b) you do not insert any intermediate page, splash page or other content between the URL(s) and the applicable page of “THELAKI” services; (c) the URL(s) do not suggest or endorse any third party’s causes, ideas, sites, applications, platforms, products or services; (d) you do not use “THELAKI” content and/or the Content, for inappropriate uses or commercial purposes; and (e) you provide attribution to “THELAKI” next to the said URL(s);
  • you will not alter or modify any part of the Website or any content hosted on the Website, including the Content, for any purpose; and
  • you may not reproduce, distribute, republish, upload, transmit, display, disclose, share, prepare derivative works of, publicly perform, sell, transfer, assign, license or use for commercial purpose any copyrighted material on “THELAKI” services without our prior written consent, except as provided in the Terms of Use.

 

“THELAKI” Services

The term “services” means any service provided by us via “THELAKI” including but not limited to the provision by us to you of specified connectivity, storage space and bandwidth for the hosting text, audio or video by us. You also understand and agree that the services may include advertisements and that these advertisements are necessary for us to provide the services. You also understand that the services may include certain communications from us, such as service announcements, administrative messages, “THELAKI” newsletter, and that these communications are considered part of your subscription and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the existing services, shall be subject to the Terms of Use. You agree not to access the services by any means other than through the interfaces that are provided by “THELAKI” for use in accessing the services. In addition, whenever we refer to your use of the Website, the said use shall mean to include but not limited to your use of any service offered by us via the Website. You will not copy or distribute any part of the Website in any medium without our prior written authorisation.

 

Account Registration

You must register an account with us before we can publish your content. To do this, you must be a subscriber. When creating an account, you are required to provide your full name, a “THELAKI” user ID, password and e-mail address or mobile phone number. When creating an account, you must provide accurate and complete information. You must have a valid email account so that you may receive notifications via emails from us. Upon registration, your account is duly created.

 

Suspension or Termination of Account

The following events (which is not exhaustive) will entitle us to suspend or terminate your account temporarily or indefinitely:

  • You breach the Terms of Use and/or other terms and conditions notified by us;
  • You provide us with wrong, inaccurate, incomplete or false information;
  • You perform fraudulent activities or fraudulent activities are performed by third parties under your account; and
  • You use another user’s account without permission or impersonate another user to subscribe to “THELAKI”.

 

Intellectual property rights

All logos, icons, graphics, trade names, service marks, trademarks, images, text, websites, domain names, and other intellectual properties in relation to “THELAKI” (“Marks”) are intellectual properties owned by us. We also reserve all intellectual property rights in all content including design, layout, images and text of the Website (“Content”) and on the Platforms. All intellectual property rights are protected by international treaties and applicable intellectual property laws in Malaysia. You are not allowed to reproduce, distribute, publish, imitate in any format, any of the Content or the Marks for any commercial or business purpose without our express written consent. If you breach this term, we reserve our rights to take appropriate legal action against you.

To the extent permitted by law, we reserve the right to change, rearrange, add, modify or delete any Content including without limitation, the features, design and layout of the Website, the advertisements, published on the Website.

Other marks, logos and names appear on the Website may owned by third parties. You are responsible to ensure that their intellectual property rights are not infringed. You will indemnify us against any loss or damage arising out of a third party claim which arises from such intellectual property rights infringement.

 

Copyright Infringements

You acknowledge and agree that you are expressly forbidden from using any unauthorised use of copyrighted material or musical or literary works via the Website. You agree that the material you publish or posted on “THELAKI” does not violate copyright, trademark or patent laws, is not pornographic, plagiaristic or defamatory, is not a spam and does not violate any third party’s privacy rights. We reserve the right to remove material or content we determine in our sole discretion violates the Terms of Use. We also reserve the right to terminate the account of any user who violates these terms.

If you believe your work has been copied in a way that constitutes infringement on “THELAKI” or via the services offered through the Website, please inform us and provide the following information to us at [email protected].

  • The identity of the person authorised to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on the Website; and
  • A statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent or the law.

We will investigate the copyright infringement and respond to you with its results upon completion of the said investigation.

 

Allowed Content for reviews and comments

You may post reviews, comments, suggestions, ideas or questions regarding the contents that are hosted on the Website. We shall remove or edit any reviews, comments, suggestions, ideas or questions that we find or believe are obscene, indecent, violent, offensive, defamatory, illegal, threatening to public moral and safety, infringing intellectual property rights, invading privacy or anything that violates the regulations of the Malaysian Communications and Multimedia Content Code. The said reviews, comments, suggestions, ideas or questions must not contain viruses, consist of mass mailings or “spam”.

You represent and warrant that the content that you post is owned by you or you control all the rights to the content that you post, that the content is accurate and will not cause injury to any person or entity. By posting on the Website, you hereby grant us, our affiliates, subsidiaries, agents and distributors the right to use, copy, display, adapt, transmit, distribute, publish and promote the said content in any medium for marketing and promotion purposes or otherwise for any other purpose.

 

Limited liability and Indemnity

We are not liable for any claims including third parties’ for direct, indirect, special consequential, punitive or incidental (including but not limited to loss of revenue, loss of profits, loss of goodwill, loss of reputation, loss of privacy, loss of data or the cost of procurement of substitute products arising out of or from use, inability to use, performance or failure of the Website, that arise out of or relating to network service providers’ problems or your device problems, regardless such damages are foreseeable or arise in contract, tort, equity, restitution, statute or common law.

You shall indemnify us, our subsidiaries and affiliates, from any claims, demands and actions made against us by third parties due to or arising out of or from your breach of the Terms of Use and other terms specified under “THELAKI” or any third party claim concerning your use or any other users of “THELAKI” services (including any activities under your ( “THELAKI” account); breach of the Terms of Use or violation of applicable laws by you or any user; your content or the combination of your content with other applications, content or processes, including any claim involving alleged infringement or misappropriation of third party rights by your content or by the use, development, design, production, advertising or marketing of your content; or a dispute between you and any user. If we or our affiliates are obligated to respond to a third party summons or legal actions described above, you will reimburse us for legal fees and other related costs for us to respond to such legal actions.

 

Disclaimer and Limitation of Liability

We make no warranty that “THELAKI” or any content, software and services accessible on or through “THELAKI” will be of satisfactory quality, meet your requirements, accurate, timely, uninterrupted or error free, are true, accurate, or are free of viruses or other harmful components. We do not guarantee that the results that may be obtained from the use of “THELAKI”, including any support services will be effective, reliable, accurate or meet your requirements. We do not guarantee that you will be able to access or use “THELAKI” (either directly or through third-party networks) at all times or at locations of your choosing. Nor oral or written information or advice given by our representatives shall create a warranty.

To the extent permissible by applicable law, under no circumstances, we shall be liable for any direct, indirect, special or consequential damages for loss of profits arising from or due to the use of or inability to use “THELAKI” due to service interruptions caused by network service providers; failure of performance, error, omission, interruption, delay in operation or transmission; any type of virus; any changes to “THELAKI” and unauthorised access to or alteration of your transmissions or data; delay, failure, interruption or corruption of any data or other information transmitted in connection with the use of this Site or making payments online; any communication, transmission, material or data sent or received or not sent; or any transactions entered into or through “THELAKI” arising from or in connection with the fraudulent or unlawful acts of any third party. Further we cannot guarantee continuous or secure access to our services and operation of the Website may be interfered with numerous factors beyond our control.

We are not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or infringement of another’s rights including intellectual property rights.

We are not responsible for other users’ actions or inactions, including content that they may post on the Website. You acknowledge that we are not a traditional online retailer. We are not involved in the actual transaction between buyers and sellers that advertise on the Website. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of the content, the ability of the sellers to sell the items, the ability of buyers to pay for items, or that they will actually complete a transaction.

 

Links to “THELAKI” Services

Although we encourages and permits links to the contents hosted on the Website, we do not suggest, endorse, promotes or advertise any third party’s causes, ideas, reviews, sites, products and services of those links and we do not allow those links to use the contents hosted on the Website for any inappropriate or commercial uses or purposes in any way that is unlawful or harmful to any third party. We reserve the right to withdraw permission to any link.

 

Website Access

You agree not to use or launch any automated system that accesses the Website in a manner that sends more request messages to the “THELAKI” servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. Notwithstanding the foregoing, we grant public search engines operators’ permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. We however, reserve the right to revoke these exceptions. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their accounts registration or content submissions.

 

Force Majeure

No party shall be liable for any failure to perform its obligations under this Agreement if the failure results from a Force Majeure Event (defined below), provided always that whenever possible, the affected party will resume that obligation as soon as the Force Majeure Event occasioning the failure ceases or abates.

For purposes of this Agreement, a “Force Majeure Event” is an event which is a circumstance or event beyond the reasonable control of a party which affects the general public in that party’s country or in the territory, and which results in the party being unable to observe or perform on time an obligation under this Agreement. Such circumstance or event shall include industrial action or labour disputes, civil unrest, war or threat of war, criminal or terrorist acts, government action or regulation, telecommunication or utility failures, power outages, fire, explosion, natural physical disasters, epidemic, quarantine restrictions, and general failure of public transport.

 

Governing Law

Your use of the Website shall be governed by laws of Malaysia.

 

No Waiver

Our failure to insist upon or enforce strict performance of any provision of the Terms of Use shall not construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of the Terms of Use. If any provisions of the Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Terms of Use and shall not affect the validity and enforceability of any remaining provisions.