Terms and Conditions

This Subscriber Agreement "Agreement" is the definitive legal document that shall explain and enforce the rights and obligations of the parties herein.

BETWEEN

CULT CREATIVE SDN BHD (COMPANY NO. 1374477-W), a company incorporated in Malaysia and under the laws of Malaysia with its registered address at 568-9-33, 9th Floor Mutiara Office Suites Kompleks Mutiara 3 1/2 Miles, Jalan Ipoh, 51200 Kuala Lumpur, W.P Kuala Lumpur, Malaysia and having its business address at Lot 4-401 & 4-402, Level 4, The Starling Mall, Jalan SS21/37, Damansara Utama, 47400 Petaling Jaya, Selangor Darul Ehsan, Malaysia "Company" as the provider of the online service platform more specifically known as "Cult Creative" "Cult Creative" of the first part;

AND

You, the user of Cult Creative more specifically identified via the registration of a Cult Creative user account "Account" which is kept within the records of the Company of the second part (hereinafter shall be more specifically referred to as "You" or "Your" whichever the context shall requires).

NOW THEREFORE HEREWITH that both the Company and You mutually agree as follows:

1. INTERPRETATIONS AND CONSTRUCTION OF TERMS

   In this Agreement, unless the context of the Agreement specifically requires:

   • words of any gender include all genders;
   • words using the singular form also include and refer to the plural and vice versa;
   • any references to an act/ordinance/enactment of parliament includes references to any subsidiary legislations made pursuant to such act/ordinance/enactment of parliament;
   • references in this Agreement to a "Clause", "Section", "Appendix", "Enclosure" or "Attachment" are to a clause, section, appendix, enclosure or attachment of this Agreement (if any);
   • the words "include" or "including" shall be deemed to be followed by "without limitation" or "but not limited to" whether or not they are followed by such phrases or words of like import;
   • references to any written law at any time shall be construed as a reference to the same as it may have been amended, modified or re-enacted and in effect as at such time;
   • Any reference to a "person" shall be a reference to any individual, company, corporation, firm, partnership, joint venture, association, organisation, trust, state or agency of a state (in each case, whether or not having separate legal personality) or any country or state or any political subdivision, possession or territory thereof or therein or the government or any bureau, minister, instrument, agency, instrumentality, court, regulatory body, authority, legislative body or department thereof (including, without limitation, the central bank or any taxing, fiscal or other monetary authority thereof) as appropriate and reference to a person or party includes that person's or party's successors in title and permitted assigns;
2. REGISTRATIONS, APPLICATION OF TERMS AND ACCOUNT
   1. 2.1 REGISTRATION OF USER
   • Cult Creative is an online service offered by the Company which You subscribe to by completing the registration of an Account in the format and method that is specified by the Company from time to time in its website or mobile application. This Agreement takes effect as soon as You indicate Your acceptance of these terms and conditions and upon the creation of the Account.
   • If You are either under the age of 18 or under the legal age for giving consent hereunder pursuant to the applicable laws in Your country (hereinafter referred to as "the legal age"), then You shall obtain prior consent from Your parent(s) or legal guardian(s) to create an account on Cult Creative. If You do not have prior consent from either a parent(s) or legal guardian(s), then You must/shall cease all access and use of the Account and/or any of our services with immediate effect.
   • If You are the parent or legal guardian of a person under the legal age who wishes to create an account on the Cult Creative, then You accept and comply with these terms and conditions on behalf of the person under the legal age and You shall be responsible for all of the conducts of the person under the legal age as well as any charges associated with the person under the legal age's access and use of the Cult Creative and/or the services. Any reference to the user or subscriber of Cult Creative shall hereinafter also include a reference to the parent or legal guardian of the user or subscriber of Cult Creative whenever appropriate.
   • If You are a body corporate or legal entity of any kind or form, You warrant and guarantee that You are duly authorised and possess all of the required consents and approvals to create an account for the body corporate or legal entity and that control of Your Account shall be maintained by a duly appointed representative. You warrant and guarantee to the Company that You have established in place systems of security and access to Your Account which are wholly Your responsibility and that You will not hold the Company liable for any failure of those systems to protect the security or access to Your Account from Your side.
   • By using (and continued usage of) Cult Creative and/or the services, You shall represent and warrant to us that You are legally entitled to and have the capacity to enter into these terms and conditions with us.
3. LICENCES
   1. 3.1 GENERAL CONTENT AND SERVICES LICENSE
   • Use and access of Cult Creative may require the download and installation of the Cult Creative application onto Your electronic device (such as the mobile application on mobile or smartphones). The Company hereby grants, and You accepts, a non-exclusive license and right, to use and access Cult Creative for Your personal, non-commercial use (except where commercial use is expressly allowed according to the services/content which You have transacted with the Company for). This license shall end immediately upon the termination of this Agreement or Your Account.
   • Your license does not confer any title or ownership in Cult Creative, the application, contents, or services offered by the Company to You. To make use of any Cult Creative content or services, You may be required to maintain an internet connection and to run the Cult Creative application. Your license does not confer upon You to make any adjustments, modification or changes to the Cult Creative, the application, contents, or services offered by the Company to You (unless specifically consented and supervised by the Company).
4. BILLING, PAYMENT AND OTHER TRANSACTION RELATED TERMS
   1. 4.1 PAYMENTS AND AUTHORIZATIONS
   • All payment processing related to Cult Creative or any of the contents and services offered within Cult Creative is performed by either the Company directly or through a third-party payment system on behalf of the Company depending on the type of payment method used. Subject to the terms of this Agreement, all payments and purchases made on Cult Creative are final (even payment made in advance).
   • When You provide payment information to the Company or any of its payment processors/facilitators, You represent to the Company that You are authorized to use and give information of the PIN, key, card, electronic wallet ("e-wallet"), or account associated with that payment, and You authorise the Company to process that payment including to charge onto Your credit card, account or e-wallet (as the case may be) whether directly or via a third-party payment processor for any fees or charges incurred by You for a transaction related to a content or service within Cult Creative. The Company may require You to provide Your address or other information in order to meet its obligations under applicable tax laws and to record such billing information and You hereby agrees.
5. THIRD-PARTY AND USER GENERATED CONTENT
   • Users of Cult Creative, including You, are allowed and are provided with interfaces to generate, upload and make it available to other users their own contents, which include but is not limited to portfolios, videos, audios, graphical designs, arts, and fonts, onto their Account at their own sole discretion ("User Generated Content"). When You upload Your User Generated Content to Cult Creative to make it available to other users or to the Company, You grant the Company and its affiliates a worldwide, non-exclusive right or license to use, reproduce, create derivative works, distribute, transmit, transcode, translate, broadcast or otherwise communicate, and publicly display and perform Your User Generated Content including its derivative works for the purpose of the operation, distribution, incorporation as part of and for the promotion of Cult Creative services and content.
6. DISCLAIMERS, LIMITATION OF LIABILITY AND GUARANTEES
   1. 6.1 DISCLAIMER
   • All content and services are provided within Cult Creative on an "as is," "where is" and "as available" basis.
   • To the extent permitted by law, the Company exclude all warranties, representations or other terms which may apply to any of our services and or any content on Cult Creative including, but not limited to any warranties concerning the availability, accuracy, appropriateness, reliability, timeliness, usefulness, or otherwise of the content of the services.
7. MISCELLANEOUS
   1. 7.1 MODIFICATION OF THIS AGREEMENT
   • The Parties hereto agree and declare that this Agreement may be modified and updated by the Company from time to time via a written update on all Cult Creative platforms that shall specifically and duly specify to supercede this Agreement. You agree that Your action of maintaining the Account and continued reliance and utilisation of the services of Cult Creative shall be good acceptance of any modification or update of this Agreement.
   1. 7.2 GOVERNING LAW
   • This Agreement shall be governed and construed in accordance with the laws of Malaysia. The Parties hereby submit to the exclusive jurisdiction of the courts of Malaysia in the event of any dispute which, subject to the terms of this Agreement, may be brought to the court. The Parties further agree that in the event of any dispute, action brought into court shall NOT be allowed unless and until both parties have attempted to resolve any dispute via negotiation and mediation, followed by a referral of any dispute to arbitration if such negotiation and mediation fails to remedy any dispute within 30 days of commencement.
   1. 7.3 ENTIRE AGREEMENT
   • This Agreement constitutes the entire understanding, meeting of minds and promise between the Parties and supersedes any and all previous agreements and understandings between the Parties with respect of the subject matter hereof.