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Term Of Use

Updated : 10th April 2019

Welcome to Bluenumber. Please read on to learn the rules and restrictions that govern your use of our website, www.bluenumber.com, services and applications (“Services”).

This Terms of Use Agreement (“Agreement”) constitutes a legally binding agreement made between you, whether personally or on behalf of an entity (“user” or “you”) and Bluenumber,which includes its parent company, subsidiaries and licensees around the world (collectively, “Bluenumber” or “we” or “us” or “our”), concerning your access to and use of the website as well as any other media form, mobile website and mobile application related or connected thereto (collectively, “Website”).

When you visit our Website, we use cookies and other methods to process your personal data in order to customize content and your site experience, analyze our traffic, and personalize contents on our Website.

Please click “Accept” to accept this use of your data. By clicking “Accept”, you consent to the collection of your personal information by Bluenumber and such informaion may be held, used and disclosed to individuals, service providers and organizations associated with Bluenumber or any other selected third parties (within or outside of Malaysia) for the purpose of performing our Services.

For more information on how we process your personal data, please visit our Privacy Policy.

1 Registration

By accessing and using the Website, you represent and warrant that:

  1. All registration information you submit is truthful and accurate;
  2. You will maintain the accuracy of such information;
  3. You will keep your password confidential and will be responsible for all use of your password and account; and
  4. You are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use this Website.

2 Use Of Website Materials

All text, content, documents, names, logos, trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, or other intellectual property appearing in the Website, and the organization, compilation, look and feel, illustrations, artwork, videos, music, software and other works on the Website, shall at all times remain the property of Bluenumber (“Materials”). Except as specifically permitted herein, no Materials on this Website may be reproduced in any form or by any means without express prior written permission from Bluenumber.

All rights, title and interest not expressly granted are reserved. Use for any purpose other than as expressly authorised by us is expressly prohibited by applicable law.

Bluenumber does not guarantee continuous or secure access to this Website and the operation of this Website may be interfered with by numerous factors outside of its control. Bluenumber is not responsible for any loss or damage caused by the temporary interruption of this Website due to faults or circumstances outside of its control including but not limited to link failures, power difficulties, telephone outages, network overload, default or failure of a third party (including a public telecommunications operator), government actions, failure in the supply of a third party’s access line, or any event of force majeure.

3 User's Privacy

Bluenumber takes the privacy of its users very seriously. For the current Bluenumber’s Privacy Policy, please click here.

4 Security

To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed. Your Contents is encrypted using secure socket layer technology (SSL) and stored with an AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we comply with all PCI-DSS requirements and implement additional generally accepted industry standards.

5 REGISTRATION AND CONDITIONS OF USE

The use of the Website may require your registration as a user. You promise to provide us with accurate, complete, and updated registration information about yourself. If you provide any information that is untrue, inaccurate, not current or incomplete; or if Bluenumber has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Bluenumber has the right to suspend or terminate your account and prevent your access to potentially all of the Services and refuse any future use of the Services (or any portion thereof).

You must not misuse this Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to any Website, the server on which our Website is stored, or any server, computer, or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under applicable laws, and we will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.

No other use of the Website or Materials is authorized. You agree that any copy of the Materials (or any portion of the Materials) that you make must retain all copyright and other proprietary notices contained herein or therein. Framing of the Website or posting of Materials on other websites is strictly prohibited. The use or misuse of any Materials, except as provided in this Agreement, is strictly prohibited. You shall not, without Bluenumber’s express written consent:

  1. distribute text or graphics to others;
  2. copy and retransmit, disseminate, broadcast, circulate, or otherwise distribute the Materials on any other server, or modify or re-use all or part of the Materials on this system or any other system;
  3. use any trade name, trademark, or brand name of Bluenumber in meta tags, keywords and/or hidden text;
  4. copy, distribute, modify, transmit, perform, reuse, re-post, or otherwise display the Materials, in whole or in part, for public or commercial purposes or modify, translate, alter or create any derivative works thereof;
  5. create derivative works from the Materials or commercially exploit the Materials, in whole or in part, in any way;
  6. use the Website or the Materials, and/or any portion thereof, in any manner that may give a false or misleading impression, attribution or statement as to Bluenumber or any third party referenced therein;
  7. use the Materials, and/or any Services on the Website or accessible via the Website for unlawful purposes only; or
  8. alter, remove or obscure any copyright notice, digital watermarks, proprietary legends or any other notice included in the Materials.

 

Violation of any of the foregoing is grounds for termination of your right to use or access the Services. We reserve the right to remove any content by users from the Services at any time, for any reason (including if someone alleges you contributed that content in violation of this Agreement), and without notice.

6 Content By User

The Website may invite or provide you with the opportunity to submit contents to Bluenumber and/or to or via the Website, including without limitation, text, writing, photographs, suggestions or personally identifiable information or other material (collectively, “Contents”). The Contents which you provide to Bluenumber will be treated as non-confidential and non-proprietary. When you create or make available the Contents, you thereby represent and warrant that:

  1. The creation, distribution, transmission, public display and performance, accessing, downloading and copying of the Contents do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret or moral rights of any third party;
  2. You are the creator and owner of or have the necessary licenses, rights, consents, releases and permissions to use and to authorize Bluenumber and the Website to use the Contents as necessary to exercise the licenses granted by you under this Agreement
  3. the Contents are not obscene, lewd, lascivious, filthy, violent, harassing or otherwise objectionable (as determined by Bluenumber), libellous or slanderous, does not ridicule, mock, disparage, intimidate or abuse anyone, does not advocate the violent overthrow of any government, does not incite, encourage or threaten physical harm against another, does not violate any applicable law, regulation, or rule, and does not violate the privacy or publicity rights of any third party;
  4. the Contents do not contain material that solicits personal information from anyone under 18 or exploit people under the age of 18 in a sexual or violent manner, and does not violate any federal or state law concerning child pornography or otherwise intended to protect the health or well-being of minors;
  5. the Contents do not include any offensive comments that are connected to race, national origin, gender, sexual preference or physical handicap;
  6. the Contents do not otherwise violate, or link to material that violates, any provision of this Agreement or any applicable law or regulation.

7 MOBILE APPLICATION LICENSE

Use License

If you are accessing the Website via a mobile application (“App”), then Bluenumber grants you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless handsets owned and controlled by you, and to access and use the App on such devices strictly in accordance with the terms and conditions of this license. You shall use the App strictly in accordance with this license and shall not:

  1. decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App;
  2. make any modification, adaptation, improvement, enhancement, translation, or derivative work from the App;
  3. violate any applicable laws, rules or regulations in connection with your access or use of the App;
  4. remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Bluenumber;
  5. use the App for any revenue generating endeavour, commercial enterprise, or other purpose for which it is not designed or intended;
  6. make the App available over a network or other environment permitting access or use by multiple devices or users at the same time;
  7. use the App for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for the App;
  8. use the App to send automated queries to any website or to send any unsolicited commercial e-mail; or
  9. use any proprietary information or interfaces of Bluenumber or the Materials in the design, development, manufacture, licensing or distribution of any other applications, accessories or devices for use.

 

Terms Applicable to Apple and Android Devices

The following terms apply when you use the App obtained from either the Apple Store or Google Play to access the Website. You acknowledge that this Agreement is concluded between you and Bluenumber only, and not with Apple Inc. or Google Inc. (each an “App Distributor”), and Bluenumber, not an App Distributor, is solely responsible for the the App and the Materials thereof.

  1. Scope of License – The license granted to you for the App is limited to a non-transferable license to use the same on a device that utilizes the Apple iOS or Android operating system, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor terms of service.
  2. Maintenance and Support – Bluenumber is solely responsible for providing any maintenance and support services with respect to the App, as specified in this Agreement, or as required under applicable law. You acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
  3. Warranty – Bluenumber is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify an App Distributor, and to the maximum extent permitted by applicable law, an App Distributor will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Bluenumber’s sole responsibility.
  4. Product Claims – You acknowledge that Bluenumber, is not an App Distributor and is responsible for addressing any claims of yours or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
  5. Intellectual Property – You acknowledge that, in the event of any third party claim that the App or your possession and use of the App infringes a third party’s intellectual property rights, the App Distributor will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
  6. Legal Compliance – You represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. government list of prohibited or restricted parties.

8 INTELLECTUAL PROPERTY OWNERSHIP

Bluenumber respects others’ intellectual property and asks that you do too. We will respond to notices of alleged copyright infringement if they comply with the law and are properly provided to us. We reserve the right to delete or disable content alleged to be infringing and to terminate repeat infringers. Our designated agent for notice of alleged copyright infringement on the Website is [email protected].

All Materials in this Website are owned by Bluenumber and are protected under copyright, trademark and other intellectual property and proprietary rights laws. As between Bluenumber and you, all right, title and interest in and to the Materials will at all times remain with Bluenumber and/or its Owners. The words “Bluenumber” and the “Bluenumber” logos, and other marks, logos and titles are registered and/or common law trade names, trademarks or service marks of Bluenumber. Bluenumber reserves all other rights. Except as expressly provided herein, nothing on the Website shall be construed as conferring any license under Bluenumber’s intellectual property rights, whether by estoppel, implication or otherwise. Notwithstanding anything herein to the contrary, Bluenumber may revoke any of the foregoing rights and/or your access to the Website, or any part thereof, including the blocking of your IP address, at any time without prior notice.

9 LINKS TO THIRD-PARTY WEBSITES

The Website may contain links, information or connections to third party websites or services that are not owned or controlled by Bluenumber. When you access third party websites or engage with third party services, you accept that there are risks in doing so, and that Bluenumber is not responsible for such risks. We encourage you to be aware when you leave the Services and to read this Agreement and Privacy Policy of each third party website or service that you visit or utilize.

Bluenumber has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party website or by any third party that you interact with through the Services. In addition, Bluenumber will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service.

You agree that you will not arrange for any third-party website to be connected to any part of this Website by way of hyperlink or otherwise without our prior written consent, and if we grant such consent, then we reserve the right to withdraw such consent at any time in our discretion. You may not use any of our proprietary logos, trademarks, or other distinctive graphics, video, or audio material in your links, and you may not link in any manner reasonably likely to (i) imply affiliation with us or endorsement or sponsorship by us without our express written consent, (ii) cause confusion, mistake, or deception, (iii) dilute our trademarks, service marks, or trade names, or (iv) otherwise breach applicable law.

10 NON-EXCLUSIVE JURISDICTION

Bluenumber does not restrict your access to this Website based on your geographic location and accordingly you access this Website on your own initiative and you are responsible for compliance with all applicable local laws. You and Bluenumber agree, for the sole benefit of Bluenumber, that all legal proceedings in connection with the enforcement, construction, interpretation, breach, or violation of this Agreement may be submitted to the NON-EXCLUSIVE JURISDICTION of the courts of Malaysia and that jurisdiction and venue are proper in such courts, provided that nothing in this clause shall limit our right to take proceedings against you in any other court of competent jurisdiction.

11 PERSONAL DATA PROTECTION NOTICE

  1. Bluenumber hereby notifies you that due to the nature of the Services provided, it is necessary for Bluenumber to collect and to process your personal informationsuch as your name, address, email, telephone number etc. which has been furnished by you for the purposes of facilitating the usage of the Services as provided by Bluenumber.
  2. Your personal information may be further disseminated and processed by Bluenumber and by regulatory authorities or such other relevant third parties, where applicable.
  3. You have the right to request for access to and/or to update and correct your personal information and such request or other inquiries shall be made in writing to Bluenumber.
  4. You consent to the obtaining of your personal information is required in order for Bluenumber to process your application for the utilisation of the Services as provided by Bluenumber. If you would like to exercise any of these rights, please contact us at [email protected].
  5. Your continuous usage of the Services provided by Bluenumber shall be deemed as consent for Bluenumber to collect, process and store your personal information accordingly whereby failure to consent to the process may result in Bluenumber being unable to establish, continue or provide the Services to you.
  6. For further clarification, kindly contact Bluenumber at [email protected].

 

By clicking ACCEPT, you hereby acknowledge this notice and further agree and authorise Bluenumber to collect and process your personal information including but not limited to recording, storing, organisation, adaptation, alteration, correction, erasure, retrieval, use of your personal information to disclose, divulge, disseminate or transmit your personal information to any third parties as Bluenumber may in its absolute discretion deem necessary.

12 MODIFICATIONS

To Agreement

Bluenumber may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the Website and revisions will be indicated by date. You agree to be bound to any changes to this Agreement when you use the Services after any such modification becomes effective. Bluenumber may also, in its discretion, choose to alert all users with whom it maintains email information of such modifications by means of an email to their most recently provided email address. It is therefore important that you regularly review this Agreement and keep your contact information current in your account settings to ensure you are informed of changes. You agree that you will periodically check the Website for updates to this Agreement and you will read the messages we send you to inform you of any changes. Modifications to this Agreement shall be effective after posting.

To Services

Company reserves the right at any time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Bluenumber shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

13 DISPUTES

Between Users

If there is a dispute between users of the Website, or between users and any third party, you understand and agree that Bluenumber is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Bluenumber, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind of nature, known or unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Services.

With Bluenumber

All questions of law, rights and remedies regarding any act, event or occurrence undertaken pursuant or relating to this Website or the Services shall be governed by the non-exclusive jurisdiction of the laws of Malaysia, as explained in section 10 herein. In no event shall any claim, action or proceeding by you related in any way to the Website or Services (including your visit to or use of the Website or Services) be instituted more than two (2) years after the cause of action arose. You will be liable for any attorneys’ fees and costs if we have to take any legal action to enforce this Agreement.

14 WARRANTY DISCLAIMER

Without limiting the foregoing, the Materials and the Website, is provided “AS IS” and “AS AVAILABLE” without warranty of any kind with respect to the Website and/or Materials, either express or implied, including but not limited to, fitness for a particular purpose, title, or non-infringement. Should applicable law not permit the foregoing exclusion of express or implied warranties, then Bluenumber hereby grants the minimum express or implied warranty required by such applicable law. No advice or information, whether oral or written, obtained by you from Bluenumber, its employees, agents, suppliers or any other persons shall create any warranty, representation or guarantee not expressly stated in this section. Additionally, Bluenumber does not make any warranties that the Website will be uninterrupted, secure or error free or that your use of the Website will meet your expectations, or that the Website, Materials, or any portion thereof, is correct, accurate, or reliable. Bluenumber reserves the right to change any part of the Website at any time without notice.

Your use of the Website is at your own risk. Neither Bluenumber, nor any of its respective officers, directors, agents or other representatives will be liable for any damages, direct, indirect, incidental, consequential, special, or punitive.

15 LIMITATION OF LIABILITY

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) WILL BLUENUMBER BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL OR INCIDENTAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) USD 100 OR (II) THE AMOUNTS PAID BY YOU TO BLUENUMBER IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

Your use of the Website is at your own risk. Neither Bluenumber, nor any of its respective officers, directors, agents or other representatives will be liable for any damages, direct, indirect, incidental, consequential, special, or punitive, including, without limitation, loss of data, income, profit or goodwill, loss of or damage to property and claims of third parties arising out of your access to or use of the Website or arising out of any action taken in response to or as a result of any Materials or other information available on the Website, however caused, whether based on breach of contract, tort (including negligence), proprietary rights infringement, product liability or otherwise. The foregoing shall apply even if you were advised of the possibility of such damages. If you become dissatisfied in any way with the Website, or this Agreement or Privacy Policy, your sole and exclusive remedy is to stop your use of the Website.

16 INDEMNITY

To the fullest extent allowed by applicable law, you will defend, indemnify and hold Bluenumber, its officers, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims (including from other users) relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of this Agreement.

17 NOTICE

From time to time, Bluenumber may revise this Agreement. Your use of the Website following the posting of any revised terms of this Agreement shall be deemed acceptance of the same. Bluenumber strongly recommends checking the Website periodically. If you disagree with the provisions of this Agreement at any time, your sole remedy is to terminate your use of the Website. Continued use of the Website constitutes your agreement to this Agreement as in effect.

18 Assignment

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Bluenumber without restriction.

19 ILLEGALITY AND SEVERABILITY OF PROVISIONS

The illegality, invalidity or unenforceability of any provision of this Agreement under the law of any jurisdiction will not affect its legality, validity or enforceability under the law of any other jurisdiction, nor the legality, validity or enforceability of any other provision.

If a provision in this Agreement is held to be illegal, invalid, void, voidable or unenforceable, that provision must be read down to the extent necessary to ensure that it is not illegal, invalid, void, voidable or unenforceable. If it is not possible to read down the provision as required in this clause, that provision is severable without affecting the validity or enforceability of the remaining part of that provision or the other provisions in this Agreement.