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Terms of Use
1.
APPLICABILITY
1.1
This Website is owned, operated by and/or on behalf of Secured Digital Applications, Inc. ("SDA"). Your access to this Website and the use of the services found herein, is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers hereinafter appearing (known collectively as "Terms of Use") and appearing elsewhere on this Website. Your use of, and/or access to, this Website constitutes your agreement to these Terms of Use. SDA reserves the right to amend these Terms of Use at any time. Since you are bound by these Terms of Use, we recommend you should periodically refer to them in this document and elsewhere on the Website.
2.
INTELLECTUAL PROPERTY AND RESTRICTIONS OF USE OF CONTENT ON THE WEBSITE
2.1
All information, text, material, graphics, software and advertisements on this Website referred to as "Content" are copyright of SDA, its suppliers and/or licensors unless expressly indicated otherwise on the Website. The Content is protected by MAlaysia and international copyright and trademark laws. Content on the Website is published in real-time, and you must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute this Content in any way except as expressly provided for on the Website or expressly authorised in writing by SDA. Strictly on the condition that you keep all Content intact and in the same form as presented on the Website (including without limitation all copyright, trademark and other proprietary notices and all advertisements), you may use an industry-standard Web browser to download and view the Content for your personal, non-commercial use. You must not use the Website in any manner or for any purpose, which is unlawful or in any manner, which violates any right of SDA or which, is prohibited by the Terms of Use.
3.
TRADEMARKS OF SDA
3.1
EyStar and any other trademarks listed on the Website are trademarks of and/ or licensed to SDA. All other trademarks displayed on the Website are trademarks of their respective owners. Nothing contained on the Website should be construed as granting any license or right of use of any trademark displayed on the Website without the express written permission of SDA, or third-party owner.
4.
DISCLAIMERS AND LIMITATION OF LIABILITY
4.1

Except as otherwise implied or required by law, all services and Content is provided "as is" and without warranties of any kind, either express or implied, and SDA and its suppliers expressly disclaim all warranties of any kind including but not limited to a) implied warranties of merchantability and fitness for a particular purpose, standard or quality of service and / or Content, b) that the functions contained in any services or Content or your access to the Website will be uninterrupted or error-free; and c) that any defects will be corrected or that the Website or the server which stores and transmits Content to you are free of viruses or any other harmful components, including components which enables hackers to access and / or damage your equipment, the data and information therein. SDA does not warrant or make any representation regarding your access to, the safety or the results of your access to the Website (including any related or linked websites), use of the services, or any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise, and you (and not SDA) assume the entire cost of any necessary verification, maintenance, repair and/or correction of any relevant Content.

4.2

Under no circumstances (including but not limited to any act, or omission or negligence on the part of SDA) will SDA or its partners be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever (including without limitation, any loss of or damage to your data, equipment or to a third party having a right against you) which result from any use or access of, or any inability to use or access, the Website, its services or any Content, or unauthorized access by hackers to your equipment, data and information therein . You expressly acknowledge and agree that SDA does not exert control over users of the Website (including individuals referred to on the Website as guests and experts) and is not liable either for their opinions or their behaviour including any information and /or advice and any defamatory statements or offensive conduct.

4.3
To the fullest extent permitted by law, SDA's liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of SDA to the following:

4.3.1
In the case of services supplied or offered by SDA,
 the supply of the services again, or
 the payment of the price of having services supplied again;
and
4.3.2
In the case of goods supplied or offered by SDA,
 the replacement of the goods or the supply of equivalent goods,
 the repair of such goods,
 the payment of the cost of replacing the goods or acquiring
     equivalent goods, or
 the payment of the cost of having the goods repaired
5.
ADVERTISING, LINKS TO THIRD PARTY WEBSITES AND E-COMMERCE OFFERS
5.1
The Website contains hyperlinks and other pointers to Internet websites operated by third parties. These linked websites are not under the control of SDA, and SDA is not responsible for the contents of any linked web or any hyperlink contained in a linked website. SDA provides these hyperlinks to you as a convenience only, and the inclusion of any link does not imply any endorsement of the linked website by SDA or its partners. You link to any such website entirely at your own risk.

5.2
In some instances, the advertisement will contain representations or offers by the third party advertiser which you can accept by linking to the advertiser's website and executing the relevant transaction. Such offers are not made by SDA, and the third party advertiser is solely responsible to you for the delivery of any goods or services you purchase on the third party website.
6.
RESPONSIBLE USAGE
6.1
You must take responsibility for your actions on the network, systems and / or services you access through the Website.

6.2
You must :-

i.
comply with rules, regulations and acceptable usage policies that are in force for each system you access. If you act recklessly or irresponsibly or your actions endanger the Website, Content or systems linked to the Website, your access may be suspended or terminated at any time, without notice;

ii.
act responsibly when consuming resources on the Website, SDA's network and systems. If you unreasonably consume excess resources on Website, SDA's network and systems, your access may be suspended or terminated at any time, without notice;

iii.
take responsibility for maintaining the security of your access to the services. Protection of the security aspects of your service, like accounts and passwords, are your responsibility. Subsequent usage of your service by a third party will result in you being responsible for the fees and charges incurred;

iv.
use the services and access the Website for lawful and authorised purposes. Storage, reproduction, transmission or distribution of any material in violation of the law (including without limitation, the Malaysian Communications and Multimedia Commission Act (1998), Communications and Multimedia Act (1998) of Malaysia, Penal Code, Copyright Act, Trade Mark Act, Computer Crimes Act, Digital Signature Act 1997/Regulation 1998) is prohibited. This includes copyright material, material legally deemed as threatening or obscene, or material protected by trade secret, confidentiality agreement, and privacy requirements; and

v.
comply with all applicable law in the jurisdiction in which you use the services and/ or access the Website.

7.
UNAUTHORISED USAGE
7.1
Any attempt to access or modify computer system information or to interfere with normal system operations, whether of the Website, on the equipment of SDA or any computer system or network that is accessed by our services, may result in the suspension or termination of your access. Unauthorised activities include, but are not limited to, guessing or using passwords other than your own, accessing information that does not have public permission, and accessing any system on which you are not welcome.

7.2
Any attempt to disrupt or interfere with users, services or equipment, may result in the termination or suspension of your access. Disruptions include, but are not limited to, distribution of unsolicited advertising or spamming, monopolisation of services, propagation of, or transmission of information or software which contains, computer worms, trojan horses, viruses or other harmful components, using the network to make unauthorised entry to any other machine accessible via SDA, sending harassing or threatening e-mail, and forgery or attempted forgery of e-mail messages and Usenet news postings.

7.3
You will be held liable for, and indemnify SDA for, all costs and damages, attributable to your unauthorised activities or disruptions.
   
8. CONTENT
 
8.1
We do not and cannot monitor or control the content and information accessed via the Website; We only provides access. We shall not be held responsible in any way for the content of the information accessed via the Website or offered for public access via the Website.

8.2
It is you and /or your users and customers' responsibility to avoid whatever is found to be offensive or obscene on any system. You and/or your users and customers must take responsibility for the material placed on the Website and systems, and the statements made in mediums including, but not limited to, web pages, e-mail, chat or discussion forums and news.

8.3
Content providers must clearly identify material unsuitable for minors and refrain from contributing prohibited material, including, but not limited to, material deemed obscene under the law. Failure to comply with relevant legislation by you or your users and customers may lead to suspension or termination of your access.
   
9.
INVESTIGATIONS AND COMPLAINTS
9.1
We reserve the right to act in any appropriate manner, where there are reasonable grounds for suspecting that illegal or unacceptable usage of the Website and systems is occurring. We reserve the right to suspend your access if your usage of its network or systems is subject to any investigation.

9.2
To report a violation of the Terms of Use, please send details, including any documentation, article or e-mail to
[valerie.looi@digitalapps.net].
10.
TERMINATION
10.1
The Terms of Use are effective until terminated by us, and we may terminate your access to the Website at any time without notice. In the event of termination, you are no longer authorised to access the Website, but all restrictions imposed on you and all disclaimers and limitations of liability set out in the Terms of Use will survive.

10.2
We reserve the right to suspend or terminate your service without refund should you or your customers breach, or assist, abet encourage or incite nother party to breach, any of the above terms, conditions, rules, regulations or laws.
11.
APPLICABLE LAW
11.1
These Terms of Use, and any agreement and or subscription to services provided by us apply to the full extent possible in relation to the supply of any of our services, and the access and use of this Website and the Content, and shall be governed and construed in accordance with the laws of Malaysia. You irrevocably and unconditionally submit to the non - exclusive jurisdiction of the courts of Malaysia.

11.2
If any provision of this Terms of Use and terms and conditions found in your agreement with us is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of this Terms of Use and / or your agreement with us, which will continue in full force and effect.







'EyStar' is a registered trademark of DigitalApps Malaysia, a wholly owned subsidiary of Secured Digital Applications Inc.
Copyright © 2000 , Secured Digital Applications, Inc. All Rights Reserved.