logoHajj App

This Privacy Policy is current as of January 4th, 2018

Devstack Sdn Bhd, (“Devstack) respects your privacy and is committed to protecting the privacy of the users of the mobile application, Hajj App (App) in accordance with the applicable data protection rules, and as described in this Privacy Policy (Policy”).

By using the App, you are accepting and consenting to the practices described in this Policy.

You are informed that Devstack being located in Malaysia, your personal data may be transferred and processed in Malaysia for the purposes described in the present Policy. 

What Devstack collects

Devstack collects the following data from you and your use of the App and of the services available through the App (Services”):

 Information you provide

We collect, process and use information, including personal data, that you provide or make available to us when accessing or using our App and Services. Examples of such information includes:

  • the information you enter on the App and Services such as your username and password;

  • the information corresponding to your access or use of the App and/or Services such as your searches for the emergency, share location, the qibla, point of interest, reference, walkie-talkie or those that you have indicated to have for, or modifications to any of your settings; and

 Information relating to your device and the App settings

We also receive, store and process information, including personal data, when you access or use the App, including but not limited to:

  • your geolocation information, including but not limited to IP addresses used to connect your device to the internet, GPS data and network services data; and

Additionally, the App makes use of third party libraries, SDKs, APIs and software (as set out in the Acknowledgement pages from time to time) which may also collect additional information. Please refer to the relevant third partys privacy policy for more information on the third partys processing of your data. 

Purposes for which Devstack collects, uses and/or discloses the information

Devstack collects, uses and discloses your personal data for the following purposes:

 In order to provide you the Services, as necessary to execute the contractual relationship with you, in particular:

  • To administer the App and Services and enabling your access and use of the App and Services;

  • To manage your relationship with Devstack including informing or updating you about changes to the App and/or Services and dealing with or responding to any enquiries given by (or purported to be given by) you or on your behalf;

  • To enable carrier billing or billing via Apple App Store or Google Play Store;

 In order to pursue our legitimate interests consisting in improving our App and software through researches and analysis, in the personalization of the App and the advertising displayed on the App, and in sending our customer base with news and updates to inform them on our activities, in particular:

  • To maintain and administer any software updates and/or other updates and support that may be required from time to time to ensure the smooth running of the App and Services;

  • To tailor your experience through the Services by displaying content according to your interests and preferences;

  • To provide targeted marketing and advertisements via the App;

  • To conduct research, analysis and development activities (including, but not limited to, data analytics, surveys, product and service development and/or profiling), to monitor and analyse how you use the App and Services, to improve the App and Services and/or to enhance your user experience.

 In order to comply with legal obligations:

  • To respond to legal processes or to comply generally with any applicable laws, governmental or regulatory requirements of any relevant jurisdiction (and any applicable rules, codes of practice or guidelines), including, without limitation, meeting the requirements to make disclosure under the requirements of any applicable law or assisting in law enforcement and investigations by relevant authorities; and

 For such other purposes which Devstck notifies you of. 

Processing of sensitive data

You are informed that considering the specificity of the App, we may collect by inference sensitive personal data concerning you, in particular your religious beliefs.

You understand that the collection and processing of such data is intrinsically linked to the use of the App. Therefore, if you refuse that such sensitive personal data be collected by Devstack, you will not be able to use the App.



Recipients

Your personal data may be transmitted to the following recipients: service providers acting on behalf of Devstack, such as hosting service providers (Google), advertising providers, our external counsels and advisors, and as required by law, judicial or administrative decisions, to competent authorities.

Retention of Information

Your personal data will be retained for as long as it is necessary to fulfill the purpose for which it is collected or for business or legal purposes, that is to say:

When you register on the App, your personal data shall be retained for the duration of your use of the App, and archived for applicable limitation periods. Please note that if your account on the App is inactive for a duration of 2 years, you will receive an alert and be asked whether you wish to maintain your account, otherwise Devstack will delete your personal data.

Your geolocation history is not retained by Devstack.

Security

Devstack makes reasonable security arrangements designed to protect, prevent loss, misuse or alteration of your personal data. However, you understand that the transmission of information via the Internet and the storing of electronic information is not completely secure. Although Devstack will do its best to protect your personal data, Devstack cannot guarantee the security of your data transmitted to the App or stored by us.

Your rights

In accordance with the Applicable Rules, you have the right to access, rectify, delete and, when applicable to request the portability of your personal data . You can also request the restriction of the processing, and, under certain circumstances, object to the processing of your personal data. Please note that you can always object to the processing of your personal data for marketing purposes, without motive.

You have the right to communicate instructions for their processing in case of death.  

You may also file a complaint with the competent data protection authority in your country whenever you consider that a processing does not comply with the Applicable Rules.

You can exercise your rights by contacting: [email protected]  

Your Privacy when accessing Third Party content and resources

Some parts of the App and Services implement Google Maps API(s). Your use of such parts of the App and/or Services which implements Google Maps API(s) is subject to Googles Terms of Service and Google Privacy Policy, as may be updated from time to time.

Amendments to this Policy

Devstack may make such amendments to this Policy as Devstack may in its discretion deem fit from time to time. Devstack will notify you of such amendments by posting the amendments on the App or such other method of notification as may be designated by Devstack (such as via email or other forms of electronic communications), which you agree shall be sufficient notice for the purpose of this clause. If you do not agree to be bound by the amendments, you shall immediately cease all access and/or use of the App and Services. You further agree that if you continue to use and/or access the App and/or Services after being notified of such amendments to this Policy, such use and/or access shall constitute an affirmative: (i) acknowledgement by you of this Policy and its amendments; and (ii) agreement by you to give the consents set out in this Policy.

Further questions

If you have any queries or comments on this Policy or the use of your personal data, please contact at:

Email address: [email protected]  

 

 

These Terms & Conditions are current as of January 4th, 2018.

The App (defined below), developed and published by Devstack Sdn Bhd (Devstack) for and on behalf of Hajj App, is provided to you, under the following terms and conditions of use (Terms & Conditions). By using the App, you are indicating your agreement to be bound by these Terms & Conditions. If you do not accept any part of these Terms & Conditions, you must immediately cease all use of the App.

The App is a utility and information application related to the religion of Islam. Hajj App and Devstack are not affiliated with and do not support any particular political organisation, sect, ideology or denomination.

1. DEFINITIONS

In these Terms & Conditions, unless the context otherwise requires, the following expressions shall have the following meanings:

1.1 Appmeans the mobile application, Hajj App;

1.2 Devicemeans the mobile device on which you are running the App;

1.3 Servicemeans the services, information, functions and features made available to you through the App;

1.4 Passwordrefers to the valid password that you use in conjunction with the Username to access and use certain password-protected or secure parts of the App and/or Service;

1.5 User Materialsmeans any information, text, and/or other materials submitted by you for inclusion and/or posting through the App and/or Service;

1.6 Usernamerefers to the unique login identification name or code which identifies you.

 

2. LICENCE TO USE APP

2.1 The App is proprietary to Hajj App and must not be used other than strictly in accordance with the terms set out herein. If you agree to these Terms & Conditions by clicking the “I ACCEPT” button, Hajj App grants to you a personal, limited, non-exclusive, non-transferable, non-sublicensable right to use the App on a single personal Device, strictly for private and non-commercial use only and subject always to these Terms & Conditions, for the purpose of accessing and using the Service.

2.2 Hajj App reserves all rights not granted hereunder.

2.3 You may not under any circumstances: (i) copy, sell, distribute, transmit, publicly display, rent, lease, export, publish or otherwise reproduce the App or any part thereof in any form by any means; and/or (ii) adapt, modify, decompile, disassemble and/or reverse engineer the App or any part thereof.

2.4 Any breach of the requirements or restrictions in these Terms & Conditions shall result in immediate and automatic termination of all rights and licence granted hereunder.

3. USE OF SERVICE

3.1 You must (i) abide by all applicable laws and regulations in your use of the App and the Service; (ii) not impersonate any person or entity or to falsely state or otherwise misrepresent your affiliation with any person or entity; (iii) not send, distribute or upload, in any way, data or materials that contain viruses, malicious code or harmful components that may impair or damage the operation of anothers computer or device; and (iv) not post, promote or transmit through the App and/or the Service any unlawful, harassing, libellous, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature.

4. RESERVATION OF RIGHT

4.1 Devstack may from time to time without giving any reason or prior notice, upgrade, modify, alter, suspend, discontinue the provision of or remove, whether in whole or in part, the App and/or the Service and shall not be liable if any such upgrade, modification, suspension or alteration prevents you from accessing the App and/or the Service or any part thereof. The information and/or any other material provided through the App or Service may be modified, deleted or replaced from time to time and at any time in the absolute discretion of Devstack.

4.2 Devstack reserves the right, but shall not be obliged to: (i) to monitor, screen or otherwise control any activity, content or material provided through the App or Service. Devstack may investigate any violation of these Terms & Conditions and may take any action it deems appropriate; (ii) remove, block, reject or relocate any User Material made available through the App or Service; (iii) to prevent or restrict access of any user to the App or Service; and/or (iv) report any activity it suspects to be in violation of any applicable law, statute or regulation to the appropriate authorities and to co-operate with such authorities.

5. OTHER APPLICABLE TERMS/NEW SERVICES

5.1 In addition to these Terms & Conditions, the use of specific aspects of the App or Service and/or more comprehensive or updated versions of the App or Service may be subject to additional terms and conditions (Additional Terms), which will apply in full force and effect. By agreeing to these Terms & Conditions, you also agree to such Additional Terms.

5.2 Devstack reserves the right (but shall not be obliged) to introduce new products, applications, programmes, services, functions and/or features (collectively, New Services) to the App and/or Service. The term Serviceshall include New Services which are provided at no charge or fee unless otherwise indicated.

5.3 All New Services shall be governed by these Terms & Conditions and may be subject to Additional Terms which you shall be required to agree to before access to and use of such New Services are provided. In the event of any inconsistency between these Terms & Conditions and the Additional Terms, the Additional Terms shall prevail in so far as the inconsistency relates to the service, product and/or programme in question unless otherwise provided.

7. DISCLAIMERS

7.1 Data and information provided through the App and/or Service may be from various sources, including third party content providers. Such data and/or information are provided for informational purposes only and are not intended to replace any official information provided by your local mosque or any other religious authority. Whilst every effort is taken to ensure high standards and quality for the data and information provided through the App and/or Service, Devstack and Hajj App make no representations as to the accuracy, timeliness, adequacy or commercial value of all such data and/or information.  Hajj App, Devstack and any of their content providers shall not be liable for any inaccuracies, errors or delays in the data and information furnished through the App and/or Service, or for any actions taken in reliance thereon. You should not act on such data or information without first independently verifying its contents.

7.2 Hajj App and Devstack are under no obligation to monitor or review messages, postings, transmissions, and the like on or accessible through the App and/or Service, and assumes no responsibility or liability arising from the content on or accessible through the App and/or Service nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, inaccuracy or any other objectionable material or content on or accessible through the App and/or Service.

7.3 Any hyperlink to any other website or webpage is not an endorsement or verification of such website or webpage and should only be accessed at your own risk.

8. NO WARRANTY

8.1 The App and Service and all information, materials, services and functions contained therein including, software, programs, data, databases, text, graphics, photographs, animations, audio, music, video, links or other materials, are provided as isand as available. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESS OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS OR OTHER MALICIOUS, DESTRUCTIVE OR CORRUPTING CODE, AGENT, PROGRAM OR MACROS, IS GIVEN IN CONJUNCTION WITH THE APP OR SERVICE, OR ANY INFORMATION AND MATERIALS PROVIDED THROUGH THE APP OR SERVICE.  Without prejudice to the generality of the foregoing, Devstack does not warrant: (i) the accuracy, timeliness, adequacy or completeness of the information, materials, services and/or functions provided through the App and/or Service; (ii) that your use of and/or access to the App, Service or any information or any materials provided through the App or the Service, or the operation of the App, will be uninterrupted, secure or free from errors or omissions or that any identified defect will be corrected; (iii) that the App, Service or any information or materials provided through the App or Service will meet your requirements or are free from any virus or other malicious, destructive or corrupting code, agent, program or macros; and (iv) that use of the App and/or the materials displayed on the App and/or the Service by you will not infringe the rights of third parties.

8.2 In addition, Devstack makes no warranty regarding any applications, products or services that may be or which are purchased or obtained, or any transactions entered into, through the App or Service.

8.3 You acknowledge and agree that Devstack does not warrant the security of any information transmitted by or to you using the App or Service and you hereby accept the risk that any information transmitted or received using the App or Service may be accessed by unauthorised third parties and/or disclosed by Devstack and by its officers, employees or agents to third parties purporting to be you or purporting to act under your authority.

8.4 You will not hold Devstack or any of its officers, employees or agents responsible or liable, in contract, tort (including negligence or breach of statutory duty), equity or otherwise, for any such access or disclosure or for any damages, losses, expenses or costs (whether direct or indirect, or whether foreseeable or not) suffered or incurred by you as a result of any such access or disclosure.

9. USER MATERIALS

9.1 You will not disclose your contact details to other Users through the App and/or Service and will adhere to any instructions or guidelines which Devstack may publish or make available from time to time.

9.2 Neither Devstack nor Hajj App endorses nor assumes any responsibility for the contents of your transmissions or communications through the App and/or Service and you are solely responsible therefor. You warrant and represent that you have the right and authority to submit your User Materials and that your User Materials do not infringe the intellectual property rights or any other rights of any third party. You hereby grant to Desvtack and Hajj App a non-exclusive, world-wide royalty-free, irrevocable licence and right to host, transmit, distribute or use (which will include without limitation, the right to copy, reproduce and/or publish) the User Materials in connection with the provision of the Service to you and for the purposes you have instructed or requested.

10. DATA PRIVACY AND CONFIDENTIALITY

10.1 You agree that all information and/or particulars sent or submitted by you through the App or Service are non-confidential and non-proprietary unless otherwise expressly indicated by you and may be collected, used and disclosed by Devstack in accordance with Devstack’s Privacy Policy, as may be updated and/or amended by Devstack from time to time.

11. LIMITATION OF LIABILITY

11.1 Desvstack and Hajj App shall in no event nor for any reason whatsoever be liable, even if Devstack and/or Hajj App has been advised of the possibility of such damages, losses or expenses, for any damages, loss or expense, including direct, indirect, special, or consequential damage, or economic loss, arising from or in connection with (i) any access, use or the inability to access or use the App or Service; (ii) any system, server or connection failure, error, omission, interruption, delay in transmission, computer virus or other malicious, destructive or corrupting code, agent program or macros; (iii) any use of or access to any other website or webpage provided through the App or Service; (iv) any services, products, information, data, software or other material obtained or downloaded from the App or Service or from any other website or webpage provided through the App or Service or from any other party referred by or through the use of the App or Service; or (v) your use or misuse of the App or Service. In no event shall Devstack or Hajj App be liable to you, or any other party for: (a) amounts due from other users of the App or Service in connection with the purchase of any products/services; (b) damages arising in connection with the downloading or installation of, or the inability to download or install the App, by you or other third party; and/or (c) sales, customs and/or import or export taxes.

12. INDEMNITIY

12.1 You will indemnify and hold harmless Devstack and Hajj App from and against any and all claims, actions, proceedings, suits, liabilities, losses, damages, settlements, penalties, fines, costs or expenses (including solicitor and client costs and expenses (legal or otherwise)), which Devstack or Hajj App may sustain or incur, directly or indirectly, by reason of Devstack having made available the App and/or Service to you or having entered into these Terms & Conditions with you or enforcement of Devstacks and/or Hajj Apps rights under these Terms & Conditions or in acting upon any instructions which you may give in relation to the App or Service or any negligence, fraud and/or misconduct on your part or your breach of these Terms & Conditions.

12.2 You will cooperate fully in the defence of any allegation or third-party legal proceeding. Devstack reserves the right to assume the exclusive control and defence of any indemnified matter under this Clause 12.

 

13. INTELLECTUAL PROPERTY

13.1 All copyright and other intellectual property and proprietary rights in the content, including but not limited to text, software, code, scripts, webpages, music, sound, photographs, video, graphics, graphical user interface, forms, diagrams or other material contained in the App or Service (Content) belong to Hajj App or its licensors unless otherwise indicated.

13.2 You may access material displayed on the App or through the Service for your non-commercial use only provided that you also retain all copyright and other proprietary notices contained on the materials. You may not, however, copy, reproduce, distribute, modify, transmit, reuse, re-post, or use the Content for public or commercial purposes without Devstacks prior written permission. The trademarks, logos, and service marks (collectively the Trademarks) displayed on the App are registered and unregistered Trademarks of Desvtack or Hajj App Limited or where applicable, other third party proprietors. No right or licence is given to any party accessing the App or Service to download, reproduce or use any such Trademarks.

13.3 Please refer to Devstack’s Notice and Take Down Policy below for details on how Devstack treats notifications of potential breaches copyright or other intellectual property rights.

14. THIRD PARTY SYSTEMS

14.1 Parts of the Service can only be accessed and/or used upon signing in to third party systems such as Facebook or Google. Any use of or access to such parts of the Service and any information, data, instructions or communications (Communications) referable to your account with such third party systems (whether such access, use or Communication is authorised by you or not) shall be deemed to be (a) use or access of the Service by you and/or (b) Communications transmitted and validly issued by you. You shall be bound by any access, use, and/or Communications referable to your account with such third party systems, and you agree that Devstack shall be entitled (but not obliged) to act upon, rely on and/or hold you solely responsible and liable in respect thereof as if the same were carried out or transmitted by you.

14.2 Under no circumstances shall it be construed that, in the case of your access to and use of systems (including messaging systems), applications, services, content, materials, products or programmes of any third party, Devstack or Hajj App is a party to any transaction, if any, between you and such third party or that Devstack or Hajj App endorses, sponsors, certifies, or is involved in the provision of such services, products, applications or programmes accessible through the App or Service. Devstack and/or Hajj App shall not be liable in any way for your access to and use of the third party systems (including messaging systems) or for any products obtained and/or purchased from or services rendered by any such third party which shall be your responsibility or that of the relevant third party.

14.3 You acknowledge and agree that you will be solely responsible for any access or use of third party systems (including any third party messaging systems), applications, services, content, materials, products or programmes through the App or Service. If you access or use any third party systems (including any third party messaging systems) or the applications, services, content, materials, products or programmes of any third party, through the App or Service, you must comply with the relevant terms and conditions for the access or the use of such third party systems, applications, services, content, materials, products or programmes and be responsible for the registration and use of any user names or passwords required to connect thereto. In particular, should access to and use of third party systems (including any third party messaging systems), applications, services, content, materials, products or programmes through the App or Service be prohibited (whether in full or in part) by such third party terms and conditions, please discontinue any such access and use as soon as possible upon becoming aware of or receiving notice of such prohibition from the relevant third party. Devstack cannot and does not know nor does it warrant that your use of the App or Service to access or use third party systems (including third party messaging systems) or the applications, services, content, materials, products or programmes of any third party is permitted or in compliance, fully or otherwise, with applicable third party terms and conditions.  Accordingly, you shall not have any right or claim, and hereby waive any rights you may have (if any), against Devstack in respect of any breach or failure to comply with the terms and conditions of the relevant third party in respect of your access to and/or use of such third party systems (including any third party messaging systems), applications, services, content, materials, products or programmes through the App or Service. You authorise Devstack and its agents to access third party systems (including any third party messaging systems), applications, services, content, materials, products or programmes which you have designated, to retrieve content or information requested by you or to process or access functionalities at your request. You hereby appoint Devstack and its agents as your agent for the aforementioned purpose. In addition, each time you submit your user name or password to access or use your designated third party systems, applications, services, content, materials, products or programmes, you shall be deemed to have authorised Devstack and its agents to process your request and use information submitted by you.

15. TERMINATION

15.1 Devstack, in its sole discretion, may with immediate effect upon giving you notice in any of the manners prescribed in Clause 17 below, terminate your right to access and use the App and/or the Service and/or invalidate your Username and Password and may bar access to the App (or any part thereof) and/or the Service (or any part thereof) for any reason whatsoever, including without limitation, any breach of these Terms & Conditions.

15.2 Upon termination of these Terms & Conditions for any reason whatsoever, all rights and/or licences granted to you under these Terms & Conditions shall immediately cease and terminate and you shall forthwith cease the access and use of the App and the Service in any way whatsoever.

15.3 Termination of these Terms & Conditions for any reason shall not affect your obligation to make full payment of any fees payable if such fee has not already been paid.

16. AMENDMENTS TO TERMS OF USE

16.1 Devstack may impose such further terms and conditions and make such amendments to these Terms & Conditions as Devstack may in its discretion deem fit from time to time (including terms or amendments allowing Devstack to charge or revise fees for the use of the App and/or Service). Devstack will notify you of such amendments by posting the amendments on the App or such other method of notification as may be designated by Devstack (such as via email or other forms of electronic communications), which you agree shall be sufficient notice for the purpose of this clause. If you do not agree to be bound by the amendments, you shall immediately cease all access and/or use of the App and Service. You further agree that if you continue to use and/or access the App and/or Service after being notified of such amendments to these Terms & Conditions, such use and/or access shall constitute an affirmative: (i) acknowledgement by you of these Terms & Conditions and its amendments; and (ii) agreement by you to abide and be bound by these Terms & Conditions and its amendments.

17. NOTICES

17.1 Any notice or other communication in connection with these Terms & Conditions may be given electronically if sent to the address then most recently notified by the recipient to the sender. Where the notice or communication is given by Devstack to you electronically, it will be deemed to have been received upon delivery (and a delivery report received by Devstack will be conclusive evidence of delivery even if the communication is not opened by you) and where given to Devstack electronically, it will be deemed to have been received upon being opened by Devstack.

18. FORCE MAJEURE

18.1 Devstack and Hajj App shall not be liable for any non-performance, error, interruption or delay in the performance of its obligations or in the Apps or the Services operation, or for any inaccuracy, unreliability or unsuitability of the contents made available through the App or Service if due, in whole or in part, directly or indirectly to an event or failure which is beyond the reasonable control of Devstack and/or Hajj App (including acts of God, natural disasters, epidemics, acts of war or terrorism, acts of any government or authority, power failures, acts or defaults of any telecommunications network operator or carriers or the acts of a party for whom Devstack and/or Hajj App is not responsible for).

19. GENERAL

19.1 You may not assign your rights under these Terms & Conditions without Devstacks prior written consent. Devstack may assign its rights under these Terms & Conditions to any third party.

19.2 These Terms & Conditions will bind you and Devstack and Devstacks respective successors in title and assigns and will continue to bind you notwithstanding any change in Devstacks name or constitution or Devstacks merger, consolidation or amalgamation with or into any other entity (in which case these Terms & Conditions will bind you to Devstacks successor entity).

19.3 If any provision of these Terms & Conditions is held to be invalid, illegal or unenforceable (whether in whole or in part), such provision shall be struck and severed from these Terms & Conditions and the remaining provisions of these Terms & Conditions shall not be affected thereby.

19.4 No failure or delay to exercise Devstacks and/or Hajj Apps rights under these Terms & Conditions shall operate as a waiver thereof nor shall such failure or delay affect the right to enforce Devstacks and/or Hajj Apps rights under these Terms & Conditions.

19.5 If these Terms & Conditions is translated into a language other than English, the English text shall prevail.

19.6 These Terms & Conditions and our relationship is governed by and construed in accordance with Singapore law. You submit to the non-exclusive jurisdiction of the courts of Singapore.

19.7 You acknowledge and agree that Devstack's records and any records of the communications, transactions, instructions or operations made or performed, processed or effected through the App and/or Service by you or any person purporting to be the you, acting on your behalf or purportedly acting on your behalf, with or without your consent, or any record of communications, transactions, instructions or operations relating to the operation of the App and/or Service and any record of any communications, transactions, instructions or operations maintained by Devstack or by any relevant person authorised by Devstack relating to or connected with the App and/or Service shall be binding on you for all purposes whatsoever and shall be conclusive evidence of such communications, transactions, instructions or operations.

19.8 Apart from Hajj App, no person or entity who is not a party to these Terms & Conditions shall have any right under any laws to enforce any term of these Terms & Conditions, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, this shall not affect the rights of any permitted assignee or transferee of these Terms & Conditions.

19.9 Without prejudice to the generality of Clause 19.8 above, Devstacks right to vary, amend or rescind these Terms & Conditions in accordance with these Terms & Conditions may be exercised without the consent of any person or entity who is not a party to these Terms & Conditions.

19.10 You agree and acknowledge that these Terms & Conditions and the Service do not include the provision of Internet access or other telecommunication services by Devstack or Hajj App. Any Internet access or telecommunications services (such as mobile data connectivity) required by you to access and use the Service shall be your sole responsibility and shall be separately obtained by you, at your own cost, from the appropriate telecommunications or internet access service provider.

 

 

Notice and Take Down Policy      

The Copyright Act 1987, Act 332, Chapter 43 Laws Of Malaysia (the Act) contains provisions related to limiting the liability of network service providers such as Devstack Sdn Bhd (Devstack”).

1. Take-down and counter notices

a. Where a copyright owner or an exclusive licensee or an agent of the foregoing parties (Complainant) furnishes to Devstack (through Devstacks designated representative) a valid notice in the form prescribed by the Act (take-down notice), Devstack will take reasonable steps to remove or disable access to the relevant material in accordance with the Act.

b. Following the removal of or disabling of access to the relevant material, Devstack will take reasonable steps to notify the person who made available such material (Provider) in accordance with the Act.

c. Where the Provider furnishes to Devstack (through Devstacks designated representative) a valid notice in the form prescribed by the Act (counter notice) within six weeks from the date Devstack notifies the Provider of the removal or disabling of access, Devstack will take reasonable steps to restore the relevant material if it is technically and practically feasible to do so, unless court proceedings are commenced to prevent the restoration and Devstack is informed in writing in accordance with the Act.

2. Devstack’s designated representative

a. You can contact Devstack’s designated representative at [email protected]

3. The form of notices prescribed under the Act and offences related to notices

a. Please ensure that the take-down and counter notices you provide to Devstack are in conformance with the form prescribed by the Act. Devstack will not act on any notice unless the notice is a valid notice in the form prescribed by the Act.

b. For your information, the Copyright (Network Service Provider) Regulations sets out the form in which take-down and counter notices should be provided to network service providers.

c. Please be aware that the Act states that a person who, in making a take-down or counter notice, makes any statement (in Malaysia or elsewhere) which is false or which such person knows is false or does not believe to be true, and which touches any point material to the object to such notice, will be liable on conviction to a fine. Such person shall also be liable in damages to any party who suffers any such loss or damage that is reasonably foreseeable as likely to result from the making of such take-down or counter notice.