This Terms of Service agreement ('Agreement') is a binding legal contract between you and Malaysian Daily News ('we', 'us', or 'our'), the provider of the 'Malaysian Daily News' mobile application and website (collectively, the 'Platform'). By downloading, accessing, or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these terms.
Unless the context requires otherwise, the following capitalized terms have the meanings set forth below:
'Account' refers to the user profile you register with Malaysian Daily News to access the Platform.
'Content' encompasses all designs, text, graphics, interfaces, data, and other materials provided by us on the Platform, excluding Third-Party Materials and User Content.
'Materials' (or 'Third-Party Materials') refers to content authored by third parties, including articles, images, videos, podcasts, and publisher logos.
'Publisher' refers to the third-party entity that originally created or published the Materials found on the Platform.
'Policies' refers to the guidelines, rules, and privacy notices issued by Malaysian Daily News regarding the use of the Platform, as updated from time to time.
'Registration Data' refers to the information you provide to create an Account, including credentials and contact details.
'User', 'You', or 'Your' refers to any individual accessing or using the Platform.
'User Content' refers to any text, data, or media submitted, posted, or displayed by users on the Platform.
Malaysian Daily News operates strictly as a content aggregation service. We consolidate news and media from various Publishers for your convenience. We do not write, edit, or exercise editorial control over the Materials provided by Publishers. Consequently, we assume no liability for the accuracy, legality, or content of these Materials. Your consumption of such Materials is subject to the terms and conditions of the respective Publisher. Any disputes regarding the Materials must be resolved directly with the Publisher.
Your use of the Platform is governed by our Policies. We reserve the right to modify these Policies at any time. Continued use of the Platform constitutes acceptance of any updated Policies.
3.1 Access to certain features, such as full content viewing or User Content interaction, may require you to download the App and register an Account. By registering, you authorize us to process your information to maintain your profile.
3.2 You agree to provide accurate and current personal information during registration. By creating an Account, you consent to our data processing practices as outlined in our Personal Data Protection Notice. You are responsible for keeping your Registration Data up to date.
3.3 If you use our invitation feature to recommend the Platform to others, we may process contact details you provide (e.g., email addresses) solely for sending the invitation. You represent that you have obtained the necessary consent from any third party before sharing their details with us.
3.4 You are responsible for maintaining the confidentiality of your login credentials. You must notify us immediately at contact@malaysiandailynews.com if you suspect any unauthorized access to your Account.
3.5 The Platform is intended for users aged 18 and older. By using the Platform, you represent that you have the legal capacity to enter into this Agreement.
Certain Materials or User Content on the Platform may contain mature themes or content unsuitable for minors. Parents and guardians are responsible for monitoring and restricting their children's access to the Platform.
5.1 While we display content from Publishers, we do not:
(a) Endorse, recommend, or vouch for any Publisher; or
(b) Guarantee that any Publisher or their content will satisfy your specific needs or standards.
5.2 The Platform provides links to third-party websites ('External Sites') for your convenience. We do not control External Sites and are not responsible for their availability, content, or practices. Accessing External Sites is done at your own risk. We expressly disclaim all liability for any loss or damage arising from your use of External Sites, including issues related to:
(a) Accessing or navigating to External Sites;
(b) Information you disclose to External Sites;
(c) Transactions or services provided by External Sites;
(d) Errors or misrepresentations on External Sites; or
(e) Technical issues or malware encountered on External Sites.
6.1 All Materials and User Content are provided for general information only and do not constitute professional advice or formal recommendations.
6.2 You agree that:
(a) It is your sole responsibility to assess the accuracy, completeness, and usefulness of all content on the Platform; and
(b) You should seek professional advice before taking action based on any information found on the Platform.
6.3 We do not guarantee the timeliness or accuracy of any content. We accept no liability for errors, omissions, or misleading information contained within the Materials or User Content.
6.4 If you believe any Third-Party Material infringes upon intellectual property rights, please contact us at contact@malaysiandailynews.com. However, the respective third party remains solely liable for such infringement.
7.1 You may post comments and participate in community features ('User Content'). You must ensure your User Content complies with the User Conduct standards set forth in Section 8.
7.2 By submitting User Content, you grant Malaysian Daily News and its affiliates a worldwide, perpetual, irrevocable, royalty-free, and fully sublicensable license to use, reproduce, modify, display, and distribute your content. We reserve the right to remove content or suspend accounts that violate our policies.
7.3 We retain full discretion to remove or refuse any User Content at any time, for any reason, without notice.
8.1 You agree to use the Platform lawfully and responsibly. You are strictly prohibited from:
(a) Using the Platform for illegal or unauthorized commercial purposes;
(b) Compromising the security of the Platform or user devices;
(c) Posting content that is defamatory, obscene, abusive, threatening, false, or offensive;
(d) Attempting to hack, mine passwords, or gain unauthorized access to the Platform;
(e) Distributing spam, junk mail, or pyramid schemes;
(f) Infringing upon the intellectual property or legal rights of others;
(g) Distributing viruses, malware, or harmful code;
(h) Impersonating any person or entity or misrepresenting your affiliation;
(i) Implying endorsement by Malaysian Daily News without written consent;
(j) Using automated scrapers, bots, or spiders to access or copy Platform data;
(k) Framing or mirroring the Platform without authorization;
(l) Redirecting users to other services via the Platform implies affiliation;
(m) Using Platform content for fraudulent or harmful activities;
(n) Interfering with the proper operation or server load of the Platform;
(o) Harvesting or collecting user data without consent; or
(p) Conducting benchmarking or competitive analysis of the Platform.
8.2 Violating these rules may result in:
(a) Immediate suspension or termination of your Account;
(b) Removal of your User Content; and
(c) Your obligation to indemnify us for any resulting damages, losses, or costs.
9.1 Title to Materials and User Content remains with the respective Publishers or Users. We claim no ownership over third-party content.
9.2 Malaysian Daily News owns the rights to the Platform's design, software, and original Content. We grant you a limited, non-exclusive, revocable license to use the Platform for personal, non-commercial use only.
9.3 Unless explicitly authorized, you may not:
(a) Copy, distribute, modify, or create derivative works of the Platform or Content;
(b) Sell or commercialize any part of the Platform;
(c) Reverse engineer or decompile the Platform's software; or
(d) Systematically download or scrape Content.
9.4 You may not use our trademarks or logos ('Marks') without attribution or in a way that suggests affiliation, causes confusion, or disparages our brand.
The Platform may display third-party advertisements. We are not responsible for the products, services, or claims found in these ads. Any interaction with advertisers is solely between you and the advertiser.
11.1 We use cookies (small data files) to enhance platform functionality and user experience.
11.2 By using the Platform, you consent to our use of cookies. You may manage or disable cookies via your browser settings.
11.3 Third-party Publishers and advertisers may also use cookies, which are subject to their own privacy policies. We do not control third-party cookies.
11.4 We utilize analytics tools to collect non-personal data (e.g., usage patterns, device type) to improve the Platform. This data is not linked to your personal identity.
12.1 Links to external websites are provided for convenience. We do not verify, maintain, or control these sites and are not responsible for their content or privacy practices.
12.2 The inclusion of a link does not imply endorsement or approval of the external site or its operators.
13.1 THE PLATFORM IS PROVIDED 'AS IS' AND 'AS AVAILABLE'. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW.
13.2 WE DO NOT WARRANT THAT:
(a) THE PLATFORM WILL BE AVAILABLE AT ALL TIMES OR LOCATIONS;
(b) CONTENT WILL BE ACCURATE, COMPLETE, OR TIMELY;
(c) THE PLATFORM WILL BE SECURE, ERROR-FREE, OR FREE OF VIRUSES AND HARMFUL COMPONENTS.
13.3 YOU ASSUME ALL RISK FOR YOUR USE OF THE PLATFORM. WE ARE NOT LIABLE FOR ANY DATA LOSS OR SYSTEM DAMAGE RESULTING FROM YOUR ACCESS.
14.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, MALAYSIAN DAILY NEWS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE PLATFORM.
14.2 OUR TOTAL CUMULATIVE LIABILITY FOR ANY CLAIMS ARISING OUT OF THIS AGREEMENT SHALL NOT EXCEED RM100 (ONE HUNDRED MALAYSIAN RINGGIT).
You agree to defend, indemnify, and hold harmless Malaysian Daily News, its affiliates, officers, directors, and employees from any claims, damages, liabilities, costs, or expenses (including legal fees) arising from your use of the Platform, your violation of this Agreement, or your infringement of any third-party rights.
16.1 We may suspend or terminate your Account immediately if you violate these Terms or our Policies. We are not liable for any loss of access resulting from such termination.
16.2 You may delete your Account at any time via settings. Deleting your Account will permanently remove your Registration Data from our active database.
16.3 Certain provisions of this Agreement (e.g., IP rights, Indemnity, Liability Limits) survive termination.
17.1 We are not liable for delays or failures in performance caused by events beyond our reasonable control, including but not limited to acts of God, natural disasters, war, civil unrest, government action, strikes, pandemics, or internet/power failures.
We may periodically perform maintenance or updates that could temporarily disrupt Platform access. We are not liable for any such interruptions or service degradations.
19.1 Amendments: We may revise these Terms at any time. We will notify you of significant changes via the Platform or email. Continued use implies acceptance of the new Terms.
19.2 Severability: If any part of this Agreement is found invalid, the remaining sections remain enforceable.
19.3 Governing Law: This Agreement is governed by the laws of Malaysia. You submit to the exclusive jurisdiction of the Malaysian courts.
19.4 Non-Waiver: Failure to enforce any right does not constitute a waiver of that right.
19.5 Entire Agreement: These Terms and our Policies constitute the entire agreement between us regarding the Platform.
19.6 Assignment: You may not assign this Agreement. We may assign our rights and obligations without restriction.