KUPIKUPI FM’s Terms of Use & Privacy Policy

Effective Date: 28th April 2023.

Welcome to KUPIKUPI FM’s website (the “Site”). The KUPIKUPI FM brand and websites are owned by OOGA X Sdn. Bhd. (1040865H). OOGA X Sdn. Bhd. are referred to as “we”, “our” or “us”. This Terms of Use & Privacy Policy (“Policy”) describes our practices regarding the collection, use, and disclosure of information that we collect through the Site.

BY ACCESSING OR USING THE SITE, YOU AGREE TO THE TERMS OF USE OF OUR WEBSITE AND THE PROCESSING OF YOUR DATA AS DETAILED IN OUR POLICY.

  1. Proprietary Rights

    The Site and all of its content, including without limitation, text, graphics, logos, images, and software, are the property of OOGA X Sdn. Bhd. in conjunction with others pursuant to contractual arrangements, and are protected by copyright, trademark, and other intellectual property laws. Unauthorized use of the materials on the Site may violate copyright, trademark, patent and other laws and is prohibited. You may not use any of our trademarks or logos or intellectual property without our prior written consent. You acknowledge that you do not acquire any ownership rights by using the Site.


  2. Website’s Services

    The Site provides a variety of services, including but not limited to music streaming, news, and entertainment content. These services are provided solely for your personal and non-commercial use. Any added features that supplement or enhance existing services provided by the Site are subject to the Site’s Terms of Use & Privacy Policy, unless explicitly stated otherwise.

    OOGA X Sdn Bhd would like to inform users that inaccuracies and mistakes may occur in the content. OOGA X Sdn Bhd declines responsibility for this. OOGA X Sdn Bhd also declines responsibility for any loss as a consequence of mistakes and inaccuracies in the content, unavailability, downtime or other technical problems, or mistakes in the content that OOGA X Sdn Bhd is referring to or collecting information from.

    Content may include links to information and content on other services. OOGA X
    Sdn Bhd declines any responsibility for content in or via such links.


  3. Privacy Policy & Personal Data Protection Notice

    “Personal Data” means information about you from which you are identifiable including but not limited to your name, identification card number, birth certificate number, passport number, nationality, email address, postal address, and telephone number, credit card details, race, gender, date of birth, marital status, resident status, education background, financial background, occupation, company details, and any information which your provide to us. The provision of your Personal Data is voluntarily, such as, but not limited to, when you sign up for our website or participate in our online surveys from time to time.

    In addition to the Personal Data , OOGA X Sdn Bhd may also collect your Personal Data from a variety of sources, including without limitation at any events, conferences, seminars or talks organised or sponsored by OOGA X Sdn Bhd and/or from the cookies used on the Website.

    Other than personal data obtained from you (as detailed above), we may also obtain your personal data from third parties we deal with or are connected with you (for example, credit reference/reporting agencies or financial institutions), and from such other sources where you have given your consent for the disclosure of personal data relating to you, and/or where otherwise lawfully permitted.

    If you are under the age of 18, you are required to ensure that your parents or legal guardian consent on your behalf to the processing of your personal data as described in this Privacy Notice.

    3.1 Use of Information
    We may use the Personal Data that we collect to provide you with news, promotions, and other communications related to our services. We may also use the Personal Data to respond to your inquiries, fulfil your requests, and improve the Site.

    We may use the non-personal information that we collect to analyse usage patterns, diagnose problems with our servers, and administer the Site.

    3.2 Disclosure of Information
    We may disclose Personal Data to our affiliates, partners, and service providers whoneed the information to provide services to us or to you. We may also disclose Personal Data to regulatory and governmental authorities in order to comply with statutory and government requirements or in the good-faith belief that such action is necessary to comply with applicable laws, respond to a court order, or protect our rights, property, or safety or that of others.

    We may disclose non-personal information to third parties for any purpose.

    You agree and consent to OOGA X Sdn Bhd using and processing your Personal Data in the manner as identified above.


  4. Cookies

    A cookie is a small text file that a website stores on a user’s computer or mobile device when the user visits the site. The cookie typically contains information about the user’s browsing behaviour on the website and may include personal information such as the user’s name or email address. Cookies are used by websites to remember users and their preferences, track site usage, and to provide customised content and advertising.

    We may use cookies, web beacons, and other tracking technologies to collect non-personal information and to personalise your experience on the Site. You can control the use of cookies at the individual browser level, but if you choose to disable cookies, it may limit your use of certain features or functions on the Site.


  5. Third-Party Sites

    The Site may contain links to third-party websites, which are not governed by this Policy. We are not responsible for the privacy practices or content of such third-party sites. If you provide information directly to such sites, the privacy policy and terms of service on those sites are applicable and we are not responsible for the information processing practices or privacy policies of such sites.


  6. User Responsibilities

    By accessing and using the Site, you acknowledge to adhere to lawful objectives only and refrain from engaging in any illicit behaviour on the Site. You will be accountable for ensuring that any information and data you provide on the Site, including for registration and login purposes, are precise and true. You are obligated to comply with all applicable laws, regulations, and rules, including those relating to libel, slander, defamation, product disparagement, harassment, invasion of privacy, personal data, tort, obscenity, indecency, and intellectual property, at all times.


  7. Accuracy of the Website

    The Site may contain inaccuracies or typographical errors. We make no representations about the accuracy, reliability, completeness, or timeliness of the Site or its content. We reserve the right to modify, add, or remove any content on the Site at any time without notice.


  8. Disclaimer

    The Site is provided on an “as is” and “as available” basis without any warranties of any kind, whether express or implied. We do not warrant that the Site will be error-free or uninterrupted, that defects will be corrected, or that the Site or the server that makes it available are free of viruses or other harmful components. OOGA X Sdn Bhd reserves the rights to restrict, suspend or terminate your account or your access to the Site. Nothing contained in this Terms of Use and Privacy Policy shall be construed to limit our actions or remedies in any matter and we reserve at all times all rights and remedies available to us at law


  9. Indemnification

    By accessing and using the Site, you agree to indemnify and hold OOGA X Sdn Bhdand its affiliates, officers, agents, and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site, your violation of this Terms of Use and Privacy Policy, or your violation of any rights of another.


  10. Limitation of Liability

    In no event shall OOGA X Sdn. Bhd. or its affiliates, officers, agents, or employees
    be liable for any direct, indirect, incidental, special, or consequential damages arising
    out of or in connection with your use of the Site or any content on the Site.


  11. Governing Law

    These Terms of Use and any disputes arising out of or relating to them, including any disputes regarding the use of the Site, shall be governed by and construed in accordance with the laws of Malaysia. Any legal action or proceeding arising out of or relating to these Terms of Use or the use of the Site shall be brought exclusively in the courts of Malaysia and each party irrevocably consents to the jurisdiction and venue of such courts.


  12. Force Majeure

    We shall not be liable for any failure or delay in performance of our obligations if such failure or delay is due to causes beyond our reasonable control, including but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, epidemic, pandemic, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor or materials.


  13. Changes to this Policy

    We reserve the right to make revisions to our Terms of Use & Privacy Policy, without prior notice to users. This includes revision of terms, guidelines, and terms and conditions. If we make material changes to this Policy, we will post a revised Policy on the Site and update the “Effective Date” above. Your continued use of the Site after the revised Policy is posted constitutes your acceptance of the revised Policy.


  14. General Terms

    If any part of the Terms of Use and/or Privacy Policy should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which this Terms of Use and/or Privacy Policy are intended to be effective, then to the extent and within the jurisdiction which that term or condition is illegal, invalid or unenforceable, it shall be severed and deleted from the Terms of Use and/or Privacy Policy and the remaining Terms of Use and/or Privacy Policy hereof shall survive, remain in full force and effect and continue to be binding and enforceable.


  15. Contact Us

    If you have any questions or comments about this Policy, please contact us using the form available on the website or email us.


  16. Acceptance of Terms

    By using the Site, you agree to be bound by this Policy and all applicable laws and regulations. If you do not agree to this Policy, please do not use the Site.

    1. No delay or indulgence by Maxis in enforcing any terms or conditions of this Terms of Use nor the granting of time by Maxis to you shall prejudice the rights or powers of Maxis nor shall any waiver by Maxis of any breach constitute a continuing waiver in respect of any subsequent or continuing breach.

    2. If any part of the Terms of Use should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which this Terms of Use are intended to be effective, then to the extent and within the jurisdiction which that term or condition is illegal, invalid or unenforceable, it shall be severed and deleted from the Terms of Use and the remaining Terms of Use hereof shall survive, remain in full force and effect and continue to be binding and enforceable.