THE LUMI NEWS APPLICATION ("App")
1. CONTENT OF THE APPLICATION
1.1. The App shows replica versions of content published by digital news publications. The App is made available on Apple store, Google Play Store, smartphones, and other digital devices.
1.2 We may from time to time, at our sole discretion, vary, amend, add to, suspend or remove any content of the App, with or without giving you prior notice. We may also change equipment and/or software requirements for access or use of the App.
1.3 Without limiting our rights, we reserve the rights to restrict, impose limitation, discontinue or change any aspect of the App including but not limited to content and subscriptions plans.
1.4. By continuing to use the service after the amendment, modification, change and/or alteration you are deemed to consent to such amendment, modification, change and/or alteration.
1.5. The App may be temporarily unavailable from time to time due to maintenance, telecommunications, interruptions or other disruption.
2. FEE (IF APPLICABLE)
2.1 We reserve the right at any time to charge subscription fees for access to the App or any content thereof or for the use of any special feature included therein. The amount subscription fee, the subscription period and the specific terms of subscription governing the access or use thereof will be indicated on the App Store and Google Play Store. The price shown are subject to change. We will not be responsible for the conversion rate imposed for payment made in US dollars (USD).
2.2 You shall bear any taxes, duties or levies to which the subscription fee is subject.
3. YOUR OBLIGATIONS
3.1 You understand that you will receive exactly the same content as found on the publisher's website.
3.2 You need to set up or configure your devices properly to have optimal access to the App at all times. As we may from time to time incorporate new technologies in the App, we suggest you get expert help in configuring and maintaining the devices you use to access the App. You are solely responsible for charges payable to connect your devices to the App such as Internet connection charges, cellular network data charges, and other related fees or charges.
3.3 Information transmitted through the Internet and other network services is generally not secure. We therefore cannot and will not guarantee the privacy or security of any information you transmit to us when accessing the App including your phone number. You should take the necessary security measures to protect such information. You shall be responsible to keep your one-time password (OTP code) private. Please notify us immediately if you discover any unauthorised use of your User ID and/or Password or any other breach of security.
3.4 You must use the App in a manner consistent with any and all applicable international and local laws, regulations and directives. You also agree and acknowledge that we have the right to monitor and oversee your activity related to App.
3.5 The App is made available to you for your own personal use only. In no event must you use the App for or in connection with any business or commercial enterprise, without limitation, any securities, investment, accounting, banking, legal or media business or enterprise.
3.6 You also acknowledge our right to remove any content uploaded by you in any way directly and/or indirectly at our sole discretion.
3.7 You acknowledge that you will be responsible for the Internet browsing charges and all related charges.
4. NO ADVISORY ADVICE
4.1 All news, information and other material displayed on the App are for your general information purpose only and are no substitute for independent research and/or verifications.
4.2 In particular, you must not treat the App as an advisory service. The information on the App is provided on a general basis without taking into account your specific objectives, financial status and particular needs. You must therefore seek specific advice from your stockbrokers, lawyers, financial advisers, or such other appropriate professionals before acting or relying on the information obtained from the App.
4.3 We are not responsible for any information including but not limited to opinions displayed and available in whatever form by any user, associate, affiliates, information provider or any other person or entity. Any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk.
5. INTELLECTUAL PROPERTY
5.1 All intellectual property rights and proprietary rights in all content and material inclusive of text, photographs, video, audio and graphics, that is part of, contained in, or accessed through the App and in any enhancements or modifications to, adaptations or translations of, or derivative works based on the foregoing shall be and remain the property of its rightful publishers, as the case may be. Lumi does not own the intellectual property of the publisher's content and these rights are not transferred to you.
5.2 You may not modify, edit, print, copy in any method, sell, display in public, rent, or make any commercial benefit any material produced in connection with the App as well as distribute, republish or download any of the material on the App without prior consent to the publishers in writing.
5.3 You do not acquire any rights to any User ID, IP address, and any codes (whether assigned to you or otherwise) and we reserve the right to change any of them at our sole discretion without being liable to you for any damages or losses suffered.
5.4 You may not use the App and the information contained therein to construct a database of any kind nor store the information (in its entirety or in any part) in databases for access by you or any third-party nor distribute any database services containing all or part of the App.
5.5 Copyright and App intellectual property rights (whether vested, contingent or future) subsisting in the App and developed in connection with the App (collectively, the 'Rights') shall belong to Lumi exclusively.
6. NO WARRANTY
6.2 In particular, we do not give any warranty in respect of the timeliness, accuracy or completeness of any information provided on the App because the Internet is, due to unpredictable traffic congestion and other reasons, an inherently unreliable medium of communication and that such unreliability is beyond our control.
6.3 Content displayed on the App may include views and opinions of third-parties which do not necessarily reflect our view. Therefore we cannot and do not guarantee the accuracy or completeness of, or otherwise endorse, these views and opinions.
6.4 Where we provide advertisements of third-party products or services on the App (whether or not by way of hypertext links to another App or app) we do so for information purpose only, and such advertisements are not endorsements or approval by us of any such products or services and we accept no liability nor make any endorsement or approval of the same. We neither endorse nor approve the contents of the third-party App to which such advertisements are linked and your access to such App shall be entirely at your own risk and subject to such terms and conditions as may be posted thereon.
7.1 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, WE FOR OURSELVES AND ON BEHALF OF OUR OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS EXCLUDE LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE APP.
7.2 Without prejudice to the foregoing, we, our officers, employees, agents, suppliers, and licensors shall not be liable to you for any cost, claim, liability, expense, demand or damages whatsoever (including any loss of profits, lost savings, direct, indirect, special, incidental or punitive losses or consequential damages) arising out of:
• your use or inability to use the App or any part thereof;
• any error, omission or inaccuracy with respect to any advice or information obtained by virtue of the App;
• the inaccuracies, delays, omissions, non-deliveries of information caused by any human/mechanical/electrical fault, omission, breach of contract, negligence or otherwise.
9.1 Either party may terminate this Agreement at any time.
9.3 You would be liable and remain responsible for all charges incurred up to the time of termination. We will not refund any unused subscription fee in the event you terminate this Agreement.
10.1 Any notice required or permitted may be made by e-mail properly addressed to the intended recipient, and in the case of notice to us at the e-mail address provided below.
11.1 We may assign, delegate and/or otherwise transfer our rights and obligations hereunder to any person or entity. You may however not assign, delegate or otherwise transfer any of your rights or obligations hereunder without our prior written consent. The contract formed hereunder shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.
12. NO WAIVER
14. ENTIRE AGREEMENT
16. GOVERNING LAW & JURISDICTION
16.2 As the App may be accessed internationally, the users who access the App are responsible for compliance with the laws of the jurisdictions from which they access the App, if and to the extent local laws are applicable.
17. PERSONAL DATA PROTECTION POLICY
17.1 On registration, you must provide us with accurate, complete registration information and it is your responsibility to update and maintain changes to that information on the App. We are entitled to rely on any information you provide to us.
17.2 In order to process your application to use this App, we would need to collect your active mobile phone number to send you a one-time password (OTP code) to determine your identity and for record and such other future purposes as we may determine, the use of which you hereby consent to.
From time to time, we may request further information. As and when you use other services and/or participate in contest(s), you may need to provide further details.
All request(s) and communication(s) will be kept and recorded. Information such as IP address, computer's name, web browser information, tracking and statistical information and other general log information may be taken automatically by us or a third-party partner.
We may not be able to provide service(s) that we otherwise would if certain information is not provided.
Cookies may be used to identify any user as a visitor and/or customer to our App for various purposes to upgrade and improve our services. We may also allow our partners and/or third-parties permitted to upload content to set their own cookies wherein it will be subjected to their own privacy policies of such parties.
Personal Information may be disclosed under the following circumstances:-
In the event third-parties perform functions on our behalf;
In the event such information or any additional information is requested by publishers of third-party products available in App;
To protect our Intellectual Property and other rights;
If we believe you are interfering, violating and/or misusing the App;
If we believe that you are abusing other users of the App
Where we are required by law to provide such information;
If there are changes to the ownership of the Company and/or sale of business or part thereof.
We will not disclose your Personally Identifiable Information to unaffiliated third-parties without your express consent except in the under noted circumstances:
(i) When we employ other companies to perform functions on our behalf, such as fulfilling orders, providing customer service, sending mail, processing credit card payments, processing currency conversions, or other functions necessary to our business.
(ii) If publishers of the products available through App request additional Personally Identifying Information from us. The information practices of those publishers are covered by their own privacy policies.
(iv) If we are required by law to provide any of your Personally Identifiable Information we will, if permitted by law, attempt to notify you via the e-mail address you supplied during registration within a reasonable amount of time before we respond to the request.
(v) In the event of a sale of all or most of the assets of the company, this information may be transferred to the purchaser.
We may collect Anonymous Information which means any information other than Personally Identifiable Information including information derived from Personal Information.
You may change your Registration and/or Subscription by following instructions on our App. You may delete your Registration or Subscription information by emailing email@example.com. We may retain the information in the event such information is needed for legal action and if we have legal obligation to retain such information.
Upon deletion of Personal Information, any unfulfilled subscription will be cancelled and the balance sums forfeited. Should you require further service of the App you will have to re-register and provide all details requested.
We will use reasonable security measures to maintain our database and the accuracy of data and prevent unauthorised access. We wish to caution that no transmission over the Internet can be guaranteed to be secured. Any transmission of data shall be done at your own risk.
17.2 Please refer to our Personal Data Protection Notice page at www.luminews.my for our personal data protection policy governing our collection of personal data.
18.2 You acknowledge that the App, including but not limited to the text, contents, animation, code, photographs, video, audio and graphics thereon, has been specially designed by us for presentation in a unique format and appearance, with our look and feel (collectively "Look and Feel"), and that such Look and Feel is protected by copyrights, trademarks, service marks, international treaties and/or other proprietary rights and laws of Malaysia and other countries. Upon downloading the App pursuant to the terms and conditions of this Section 18, you will be granted a non-exclusive, non-transferable, royalty-free license to use the App.