Terms And Conditions
Welcome to mamanet.co! Please read the following Website Terms and Conditions carefully (collectively “Website Conditions”) before using this Site and/or the Services (both defined below), so that you are aware of your legal rights and obligations with respect to Mama Net Sdn Bhd and/or its related entities, affiliates and subsidiaries (individually and collectively, “Mama Net”).
By your (or where Clause 1.1.2(iii) applies, your child’s or ward’s) access of this Site and/or use of the Services, you hereby agree to be legally bound by these Website Conditions. If you do not accept these Website Conditions, please leave the Site and discontinue use of the Services immediately.
1.1 When you register for or use any of our services on websites owned and/or operated by us.
1.2 When you take part in any contest, survey or promotion conducted by us and/or our business partners.
1.3 When you register as a member of websites owned and/or operated by us, or hosted by us on behalf of our business partners or use services on such websites.
You hereby represent and warrant that:
- you are at least 18 years old and have the necessary legal capacity, right, power and authority to agree to these Website Conditions and you are either;
- Accessing this Site, using the Services and contracting in your own personal capacity;
- Accessing this Site, using the Services and contracting on behalf of a corporate entity; or
- Contracting as parent or guardian of a child or ward who is less than 18 years old and who is accessing this Site and using the Services, in which event you agree as his/her parent/guardian, both in your personal capacity and on behalf of your child/ward, to be bound by these Website Conditions and to be liable for your child’s or ward’s acts and omissions while accessing the Site and/or using the Services, and you also agree to ensure that your child or ward observes these Website Conditions;
- You are authorised to bind the entity (yourself or your corporate entity) on whose behalf you are contracting and such entity agrees to be bound by these Website Conditions; and
- All of the information provided by you to Mama Net Sdn Bhd (including without limitation to your personal particulars and contact information) is accurate and complete.
- Mama Net Sdn Bhd reserves the right to change, modify, suspend or discontinue the whole or any portion of the Services or Site at any time without any notice to you. Mama Net Sdn Bhd may also impose limits on certain features or restrict your access to parts or the entire Services or Site without notice or liability.
- Mama Net Sdn Bhd may from time to time vary or amend these Website Conditions by posting the amended Website Conditions at this Site. Any use of the Services after the amendment of these Website Conditions will be deemed to be acceptance of the amended Website Conditions by you. If you do not agree to the amended Website Conditions, you have the right to close your Account and/or cease using the Services.
2.1 In this Agreement, the following definitions shall apply unless the context does not permit such application:
- “Account” means a registered account of a Member opened under this Site.
- “Computer” means your computer, notebook computer, personal digital assistant, mobile phone or any other electronic device used to access this Site or the Services.
- “Content” means materials, information, news, advertisements, listings, data, input, text, songs, audio, video, pictures, graphics, software, blogs, webcasts, podcasts, broadcasts, messages, software, comments, suggestions, ideas and any other content.
- “Linked Sites” is defined in Clause 8.1.
- “Member” means a registered member of the Site.
- “Member Conditions” means the terms and conditions applicable to Members accessible here.
- “Servers” means the computer software, systems and servers hosting, operating, managing, providing or contributing to the Site and the Services.
- “Services” is defined in Clause 3.2.
- “Site” means the Mama Net Sdn Bhd website containing the link to these Terms & Conditions.
- “Mama Net Sdn Bhd Content” means all Content of Mama Net Sdn Bhd that is made available on or via this Site.
- “Third Party Products” means products and services of third parties, including other users, advertised on or available at the Site or websites linked from the Site.
- “Third Party User Content” means all User Content which is not created, transmitted, posted or uploaded by you.
- “User Content” means all Content on this Site which is created, transmitted, posted or uploaded by a user of the Site.
2.2 The words “include” and “including” shall not be construed as having any limiting effect.
2.3 The headings in this Agreement do not have any legal effect nor shall they affect the construction of this Agreement in any way.
3. Site and Services
3.1 The Site is owned and maintained by Mama Net Sdn Bhd.
3.2 Mama Net Sdn Bhd may offer one or more of the following services on or through the Site (each a “Service” and collectively the “Services”):
- Access to a collection of information, news, data, text, listings, graphics, images, videos, audio files, podcasts, webcasts and any other types of works;
- Search engines or tools;
- A platform to create, upload and publicly make available personalised content;
- An advertising and branding platform;
- Message boards, groups, forums, blogs, communication tools;
- A social networking platform;
- Email alerts; and
- Any other features, content or applications that Mama Net Sdn Bhd may offer at the Site from time to time in its sole and absolute discretion.
3.3 You acknowledge and agree that to access and use certain Services, you will be required to register as a Member and additionally shall be bound to and strictly comply with the Member Conditions in addition to these Website Conditions.
3.4 From time to time Mama Net Sdn Bhd will run competitions, promotions and surveys at the Site. These are subject to additional terms and conditions that will be made available at the time they are run.
4. Content Use Conditions
4.2 You shall not reproduce, modify, adapt, translate, publish, display, communicate, transmit, broadcast, podcast, webcast, distribute, sell, trade or exploit for any commercial or any other purposes, any portion of, or any access to:
- Any Services;
- The Site;
- Any Mama Net Sdn Bhd Content except, to the extent permitted, with the prior written consent of Mama Net Sdn Bhd or unless expressly permitted in these Website Conditions; or
- Any Third Party User Content except, to the extent permitted, with the prior written consent of Mama Net Sdn Bhd and the owner or licensee of the specific User Content.
4.3 Without prejudice to the generality of Clause 4.1, you agree not to reproduce, display or otherwise provide access to the Services, Mama Net Sdn Bhd Content, or Third Party User Content on another website or server, for example through framing, mirroring, linking, spidering, scraping or any other technological means (including any technology available in the future), without the prior written permission of Mama Net Sdn Bhd.
4.4 You may for your personal reference only and strictly non-commercial use:
- Retrieve and display Mama Net Sdn Bhd Content on any compatible device owned by you;
- Print a single copy of Mama Net Sdn Bhd Content on paper (but not photocopy them); and
- AStore such Mama Net Sdn Bhd Content in electronic form on disk or on a mobile device owned by you (but not on any server or other storage device connected to a network).
4.5 All Mama Net Sdn Bhd Content are the copyrighted work of Mama Net Sdn Bhd or its content or software providers, and Mama Net Sdn Bhd reserves and retains all rights in the Mama Net Sdn Bhd Content. Use of certain Mama Net Sdn Bhd Content may be governed by the terms of an accompanying end user license agreement.
4.5 You may not decompile, reverse engineer or otherwise attempt to discover the source code of any Mama Net Sdn Bhd Content available on the Site or through a Service except under the specific circumstances expressly permitted by law or with the prior written consent by Mama Net Sdn Bhd in writing.
5. Intellectual Property
5.1 The copyright, patents, trademarks, registered designs and all intellectual property rights in the Services, the Site, and all Mama Net Sdn Bhd Content, including without limitation the copyright in the compilation of all User Content, shall vest in and remain with Mama Net Sdn Bhd.
5.2 The trademarks, logos and service marks (“Marks”) displayed on this Site are the property of Mama Net Sdn Bhd or other third parties, and all rights to the Marks are expressly reserved by Mama Net Sdn Bhd or relevant third parties. You are not permitted to use any Marks without the prior written consent of Mama Net Sdn Bhd or such third party. Mama Net Sdn Bhd and its subsidiaries shall at all times enforce their intellectual property rights to the fullest extent of the law. The name of Mama Net Sdn Bhd or any other Marks may not be used in any way, including in any advertising or publicity, or as a hyperlink without prior written permission of Mama Net Sdn Bhd.
5.3 The domain name on which the Site is hosted on is the sole property of Mama Net Sdn Bhd and you shall not use or otherwise adopt a similar name for your own use.
5.4 If you have any questions or concerns about these Website Conditions or any issues raised in these Website Conditions or on the Site, please contact us via email at: email@example.com
5.5 You hereby warrant and declare and acknowledge that any content that you contribute in any shape or form shall become part of the Intellectual Property of Mama Net Sdn. Bhd. You further agree and acknowledge that you have surrenderred in perpetuity all rights and ownership over any content that you contribute or post to the Site and related Services and it shall be owned by Mama Net Sdn Bhd.
6. Online Conduct
6.1 You hereby undertake:
- To comply with these Website Conditions, and such other notices or guidelines that may be posted on the Site by Mama Net Sdn Bhd from time to time (which are hereby incorporated by reference into these Website Conditions);
- Not to use any Service or Mama Net Sdn Bhd Content for any unlawful purpose, and to comply with all applicable laws and regulations, including without limitation, copyright law;
- Not to hack into, interfere with, disrupt, disable, over-burden or otherwise impair the proper working of the Site, Services or Servers, which shall include but is not limited to denial-of-service attacks, spoof attacks, session hacking, sniffing, tampering, reverse engineering or reprogramming; and
- Not to use the Account of another Member at any time, whether with or without his/her permission.
7. Disclaimers & Limitations
7.1 While we make every effort to ensure that all Mama Net Sdn Bhd Content displayed on the Site is accurate and complete, we provide the Mama Net Sdn Bhd Content for informative purposes and on an ‘as is’, ‘as available’ basis only without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, Mama Net Sdn Bhd disclaims all warranties, express or implied, including, but not limited to, implied warranties of satisfactory quality, merchantability or fitness for a particular purpose, compliance with description, or the warranty of non-infringement. Without limiting the foregoing, Mama Net Sdn Bhd does not warrant that the functions contained in or access to the Site, Services, Mama Net Sdn Bhd Content or other content will be timely, uninterrupted or error-free or without omission, that defects will be corrected, or that the Site, Services, Mama Net Sdn Bhd Content or the Servers are free of viruses or other harmful components, or that the download, installation or use of any Mama Net Sdn Bhd Content in or with any Computer will not affect the functionality or performance of the Computer. Mama Net Sdn Bhd does not warrant or make any representations regarding the use or the results of the use of the Mama Net Sdn Bhd Content, the Services, the Site or the Servers in terms of their correctness, accuracy, completeness, reliability, or otherwise. You (and not Mama Net Sdn Bhd) assume the entire cost of all necessary servicing, repair, or correction, including any defect, problem or damage in any Computer or any damages suffered by you by accessing and using the Services or the Site. You agree not to hold Mama Net Sdn Bhd liable for the loss of any of your User Content that is due to any circumstances beyond the control of Mama Net Sdn Bhd.
7.2 The data and information made available on the Site are of a general nature and do not purport, and shall not in any way be deemed, to constitute an offer or provision of any professional or expert advice. You should at all times consult a qualified expert or professional adviser to obtain advice and independent verification of the information and data contained herein before acting on it. Any arrangement made between you and a third party named on or linked to from these pages is at your sole risk and responsibility. Mama Net Sdn Bhd does not sponsor, endorse or promote any products, services or information.
7.3 You acknowledge that it is not Mama Net Sdn Bhd ‘s policy to exercise editorial control over, and to review, edit or amend any data, information, materials or contents of any User Content, posting, email or any information that may be inserted or made available on the Site by other users of the Services and that Mama Net Sdn Bhd does not endorse and shall not be responsible for any such content.
7.4 You acknowledge and agree that Mama Net Sdn Bhd does not endorse or recommend, is not an agent, reseller or distributor of, and has no control over Third Party Products, and Mama Net Sdn Bhd hereby expressly disclaims all liabilities and responsibilities arising in relation to any Third Party Products whether available or advertised via the Site or on Linked Sites.
7.5 You agree that all statements, offers, information, opinions, materials, User Content, and Third Party Products, from other users and from advertisers and other third parties on this Site should be used, accepted and relied upon only with care and discretion and at your own risk, and Mama Net Sdn Bhd shall not be responsible for any loss, damage or liability incurred by you arising from such use or reliance.
7.6 You also acknowledge and agree that some Services may enable other users to upload User Content to the Site, and that some of these may be offensive, annoying, unlawful, in breach of these Website Conditions, contain viruses or unlawful content. While we may remove any such User Content brought to our notice at our sole and absolute discretion, you acknowledge and agree that Mama Net Sdn Bhd shall not be responsible or liable for any User Content, and you agree to exercise access and use User Content only at your own risk and with care and discretion.
7.7 You agree that:
- Mama Net Sdn Bhd shall be entitled at any time, at its sole and absolute discretion and without prior notice, to add to, vary, terminate, withdraw or suspend the operation of the whole or any part or feature of the Site or Services without assigning any reason; and
- Access to or the operation of the Site, Servers and/or the Services may from time to time be interrupted or encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors, and in any such event, Mama Net Sdn Bhd shall not be liable for any loss, liability or damage which may be incurred as a result.
7.8 In no event shall Mama Net Sdn Bhd be liable to you for any damages, losses, expenses, liabilities under any causes of action (whether in contract or tort including, but not limited to negligence, or otherwise) caused or sufferred by you through the use of, or the inability to use, the Mama Net Sdn Bhd Content, User Content, Services, Third Party Products, any Computers, the Site, or any other website. In the event that Mama Net Sdn Bhd is liable for damages despite the foregoing provision, you agree that Mama Net Sdn Bhd ‘s aggregate liability to you for any and all causes of action in relation to the Mama Net Sdn Bhd Content, Services, Site, and the Agreement, shall not exceed the total amount of fees and charges paid by you for the Services to Mama Net Sdn Bhd for the one (1) month period immediately preceding the time of such liability arose.
7.9 Under no circumstances, including, but not limited to, negligence, shall Mama Net Sdn Bhd be liable for any indirect, special, consequential, or incidental damages that result from the use of, or the inability to use, the Mama Net Sdn Bhd Content, Services, Site, or any other website, even if Mama Net Sdn Bhd or a Mama Net Sdn Bhd authorised representative has been advised of, or should have foreseen, the possibility of such damages.
7.10 You agree that the above exclusions and limitations of liability to enable the Services and the Mama Net Sdn Bhd Content to be provided by Mama Net Sdn Bhd at either reasonable costs or no costs to you.
8. Linked Sites
8.1 Mama Net Sdn Bhd may provide links to other sites (“Linked Sites”) that may be of relevance and interest to users. Mama Net Sdn Bhd has no control over, and is not responsible for the content on the Linked Sites or for any damage you may incur from the Linked Sites (including any virus, spyware, malware, worms, errors or damaging material contained in the Linked Sites) or the availability of any content on the Linked Sites, and you hereby irrevocably waive any claim against us with respect to the Linked Sites.
9. Data Use & Privacy
9.1 Kindly ensure that all data that you submit to the website is compliant with the Personal Data Protection Act 2010.
10.1 You agree that Mama Net Sdn Bhd has the right in its sole and absolute discretion and without notice to restrict, suspend, or terminate your Account and/or your access to all or any part of the Site or Services, without assigning any reason.
11. Notification of Infringement
1.1 Mama Net Sdn Bhd reserves the right to investigate notices of copyright, trademark and other intellectual property infringement (“Infringement”) in respect of Mama Net Sdn Bhd Content, User Content and other material on the Site (“Infringing Material”) and take appropriate action. If you believe that your work has been used or copied in a way that constitutes Infringement and such Infringement is occurring on this Site, please notify Mama Net Sdn Bhd in writing immediately in the form and containing the information prescribed by the Malaysian Copyright Act 2012.
11.2 All Infringement Notices shall be sent to Mama Net Sdn Bhd addressed as follows:
- A-3-10, Tropicana Avenue, No 12, Persiaran Tropicana,
- Tropicana Golf & Country Resort, 47410, Selangor, Malaysia.
- Tel: +603 762 540 94
- Email: firstname.lastname@example.org
11.3 Mama Net Sdn Bhd will duly consider all Infringement Notices submitted in the above manner. In return, you agree that you shall not take any legal action or exercise any legal remedy you may have against Mama Net Sdn Bhd in respect of any Infringing Material, unless you have first given Mama Net Sdn Bhd the Infringement Notice and sufficient opportunity to remove the Infringing Material of which Mama Net Sdn Bhd refuses or fails to remove the Infringing Material within a reasonable time. Where Mama Net Sdn Bhd removes the Infringing Material in response to your Infringement Notice, you agree not to exercise and you hereby waive, any right of action against Mama Net Sdn Bhd under applicable law which you may have in respect of any Infringing Material appearing on the Site prior to such removal by Mama Net Sdn Bhd.
11.4 You acknowledge and agree that Mama Net Sdn Bhd has no control and cannot undertake responsibility or liability in respect of Infringing Material appearing on Linked Sites or other third party sites and you shall hold Mama Net Sdn Bhd harmless from any claims arising from the Infringing Material.
12. Jurisdictional Issues
12.1 This Site is owned and operated by Mama Net Sdn Bhd in Malaysia. Mama Net Sdn Bhd makes no representation that the Contents of the Site are appropriate or available for use in your location. Those who choose to access this Site from any location may do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
13.1 You agree to indemnify and hold Mama Net Sdn Bhd, and its subsidiaries, affiliates, officers, agents, partners, and employees, harmless from all claims, demands, actions, proceedings, liabilities (including statutory liability and liability to third parties), penalties, and costs (including without limitation, legal costs on a full indemnity basis), awards, losses and/or expenses, due to or arising out of:
- Any use of the Site or any Service;
- Your connection to the Site;
- Your breach of any terms and conditions of these Website Conditions;
- Your violation of any rights of another person or entity; or
- Your breach of any statutory requirement, duty or law.
14.1 If any provision of these Website Conditions is found to be illegal, void or unenforceable under any law that is applicable hereto or if any court of competent jurisdiction in a final decision so determines, these Website Conditions shall continue in force save that such provision shall be deemed to be deleted.
15. Relationship of Parties
15.1 Nothing in these Website Conditions shall constitute or be deemed to constitute an agency, partnership or joint venture between Mama Net Sdn Bhd and you and neither party shall have any authority to bind the other in any way.
16.1 No waiver of any rights or remedies by Mama Net Sdn Bhd shall be effective unless made in writing and signed by an authorised representative of Mama Net Sdn Bhd.
16.2 A failure by Mama Net Sdn Bhd to exercise or enforce any rights conferred upon it by these Website Conditions shall not be deemed to be a waiver or variation of any such rights or operate so as to bar the exercise or enforcement thereof at any subsequent time or times.
17. Rights of Third Parties
17.1 Except as provided for in Clause 13, a person or entity who is not a party to this Agreement shall have no right to enforce any term of this Agreement, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description.
18. Force Majeure
18.1 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.
18.2 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.
19. Governing Law & Jurisdiction
19.1 These Website Conditions and all matters relating to your access to, or use of, this Site and the Services shall be governed by and construed in accordance with the laws of Malaysia.
19.2 You hereby agree to submit to the non-exclusive jurisdiction of the Malaysian courts.