1. What this Terms of Service Covers
These Terms of Service (“Terms”) governs your use of TrickleStar, Inc and its subsidiaries’ (“TrickleStar”) services (the "Services"). These Terms apply to your access and use of the Services. The Services includes our software and portal including associated applications, websites, APIs, products and services.
You must accept these Terms to access or use the Services. If you do not have an account, you accept these Terms by using any part of the Services. If you do not accept these terms, do not create an account or use the Services.
We may collect personal data concerning you in the course of and incidental to your use of the Services. TrickleStar shall comply with, and you hereby consent irrevocably and unconditionally to TrickleStar, use and disclosure of such data in accordance with applicable data protection laws.
The information we collect from you enables us to fulfill your request for the Services or contents in which you may be interested, and keep you abreast of any updates related to the Services. We also use this information to personalize and continually improve the Services, your experience, and to ultimately serve you better.
In addition, when you use the Services, we may collect certain information by automated means, such as cookies, web beacons, and other automated devices. The information we may collect by automated means includes:
- Information about the devices you use to access the Services (such as the IP address and the device, browser, domain name and operating system type)
- URLs that refer you to the Services
- Dates and times of visits to the Services
- Information on actions taken on the Services
- A general geographic location (such as country and city) from which a visitor accesses the Services
- Search terms that you use to reach the Services and the webpage that led you to the Services
For the avoidance of doubt, the information collected as aforementioned belongs to TrickleStar.
Use of the Services
Persons under the age of 13, or any higher minimum age in the jurisdiction where that person resides, are not permitted to access or use the Services unless their parent has consented in accordance with applicable law. Additionally, you cannot access or use the Services if you are barred from receiving services under applicable law or have previously been suspended or removed from the Services.
You may only connect to the Services using:
- a device that is manufactured, distributed or sold by TrickleStar itself or through its authorised resellers or agents;
- our mobile applications and software, or approved third-party applications, software or devices; or
- our websites
(hereinafter collectively referred as “Authorised Connections”).
Any violation or attempted violation of this provision may result in the immediate termination of your ability to access the Services. If you have questions about whether a product or application qualifies as an Authorised Connections, please contact [email protected]
4. Creating an Account
Full use of the Services requires that you create an account by providing us with information such as your full name and a valid email address, as well as a strong password. You are responsible for all activity that occurs in association with your account. TrickleStar is not liable for any losses or damages caused by your failure to maintain the confidentiality of your account credentials. Please contact customer support f you discover or suspect any security breach related to the Services or your account.
5. Necessary Equipment
Full use of the Services is dependent upon your use of a computer with adequate software or a supported mobile device and internet access. The maintenance and security of this equipment may influence the performance of the Services and it is your responsibility to ensure the equipment’s functionality.
6. TrickleStar’s Rights
“TrickleStar Content” includes any photos, images, graphics, video, audio, data, text, music, comments, software, works of authorship of any kind, any other information, content, or other materials that are posted, generated, provided, or otherwise made available through the Services. TrickleStar Content, the Services, and its underlying technology are protected by copyright, trademark, patent, intellectual property and other laws of Malaysia and foreign countries. We reserve all rights not expressly set out in these Terms. You agree not to remove, change or obscure any copyright, trademark, or other proprietary rights notices incorporated in or accompanying the Services. Our logos and any other TrickleStar’s trademarks that may appear on the Services, and the overall look and feel of the Services, including page headers, graphics, icons, and scripts, may not be copied, imitated, or used, in whole or in part, without our prior written permission. Other trademarks, product, and company names or logos mentioned in the Services are proprietary of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder.
We reserve the right (but are not required) to remove or disable access to the Services or any TrickleStar Content at any time and without notice, and at our sole discretion, if we determine that the TrickleStar Content or your use of the Services is objectionable or in violation of these Terms. We have the right to investigate violations of these Terms and any conduct that affects the Services, and in response may take any action we may deem appropriate.
7. User’s Rights
TrickleStar grants you a limited, non-exclusive, non-transferable, non-sub-licensable, revocable licence to:
- Access and use the Services;
- Access and view the TrickleStar Content;
- Access and use the software and mobile applications provided by the Services; and
- Use the software that is embedded in any Services.
With respective to items (3) and (4), this license includes any third party software embedded in the Services. This licence is provided solely for your personal, non-commercial use an enjoyment of the Services as permitted in these Terms.
You will not use, sublicense, copy, adapt, modify, translate, disclose, prepare derivative works based upon, distribute, license, sell, rent, lease, assign, transfer, public display, publicly display, publicly perform, transmit, broadcast, or otherwise exploit the TrickleStar Content, the Services or any portion thereof (including any third party software), except as expressly permitted in these Terms. No licences or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by TrickleStar or its licensors, except for the licences and rights expressly granted in these Terms.
Except to the extent permitted by law, you may not perform, attempt to perform, or encourage or assist others in performing any of the following while accessing or using the Services:
- Use, display, mirror or frame the Services or any individual element within the Services, including the layout and design of any page, without TrickleStar’s express written consent;
- Use TrickleStar’s name, any TrickleStar trademark or logo, or any TrickleStar proprietary information without TrickleStar’s express written consent;
- Access or tamper with non-public areas of the Services, TrickleStar’s computer systems, or the technical delivery systems of TrickleStar’s providers;
- Test the vulnerability of any TrickleStar system or breach any security or authentication measures;
- Circumvent any technological measure implemented by Tricklestar or any of TrickleStar’s providers or any other third party (including another user) to protect the Services;
- Access the Services or TrickleStar Content through the use of any mechanism other than through the use of an Authorised Connections, the Services, or TrickleStar API; or
- Modify, decompile, disassemble, reverse engineer, tamper with, or otherwise attempt to derive the source code of any software that TrickleStar provides to you or any other part of the Services.
When you use the Services, you may grant certain permissions to us for your device. TrickleStar will with the users consent agree to permit their devices to be controlled by Third Party Services connecting to the Services or TrickleStar Content.
You are granted a limited, non-exclusive, and non-transferable right to create a text hyperlink to the Services for non-commercial purposes, provided that such link does not portray us or any of our products or services in a false, misleading, derogatory, or otherwise defamatory manner, provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing, or otherwise objectionable. This limited right may be revoked at any time in TrickleStar’s sole discretion.
10. Limitation of Liability
If you rely on any TrickleStar Content or the Services, you do so solely at your own risk.
We endeavour to provide helpful and accurate information on the Services, but we make no endorsement, representation, or warranty of any kind about any TrickleStar Content, information, or the Services.
We are not responsible for the accuracy, reliability, availability, effectiveness or correct use of information you receive through the Services. TrickleStar Content and the Services may change from time to time or vary by geographic location. Maps, directions, and other GPS or navigation data, including data relating to your current location, may be unavailable, inaccurate or incomplete.
Use of the Services should not replace your good judgement and common sense. Please read and comply with all safety notices that accompany your use of the Services.
Neither TrickleStar, its supplies, or licensors, nor any other party involved in creating, producing or delivering the Services will be liable for any incidental, special, exemplary, or consequential damages, including lost profits, loss of data or goodwill, service interruption, computer damage, or system failure or the cost of substitute services arising out of or in connection with these Terms or from the use of or inability to use the Services. Whether based on warranty, contract, tort (including negligence), product liability, or any other legal rights, and whether or not TrickleStar has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
In no event will TrickleStar’s total liability arising out of or in connection with these Terms or from the use or inability to use the Services exceed the amounts that you have paid to TrickleStar for use of the Services.
11. Third Party Services
12. Changes to the Services
TrickleStar may change or discontinue, temporarily or permanently, any feature, component or content of the Services at any time without notice. TrickleStar is not liable to you or to any third party for any modification, suspension or discontinuance of any feature, component, or content of the Services.
At any time and with or without cause, TrickleStar may immediately terminate either any or all rights and privileges granted to user hereunder, including suspending user’s access to and/or use of the Services provided by TrickleStar. In no event shall any such termination or suspension by TrickleStar relieve user of any obligation that has accrued under these Terms prior to the date of such termination or suspension. Upon any termination of these Terms or suspension, termination or discontinuation of the Services or your account, the following provisions of these Terms will survive: 2, 6, 9, 10, 12, 14, 15 and 16.
14. Intellectual Property Rights
All TrickleStar Content provided through the Services are protected by copyright laws and/or other laws and/or international treaties, and belong to us and/or our affiliates, as the case may be. The TrickleStar Content may not be copied, reproduced, retransmitted, distributed, disseminated, sold, published, broadcasted or circulated whether in whole or in part, unless expressly permitted by us and/or our affiliates, as the case may be.
Nothing contained on the Services should be construed as granting by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Services without our written permission. Misuse of any trademarks or any other content displayed on the Services is prohibited.
We will not hesitate to take legal action against any unauthorised usage of our trademarks, name or symbols to preserve and protect its rights in the matter. All rights not expressly granted herein are reserved. Other products and company names mentioned herein may also be the trademarks of their respective owners.It is TrickleStar’s policy, in appropriate circumstances and at our discretion, to disable or terminate the accounts of users who repeatedly infringing the rights of intellectual property rights holders.
The Services and TrickleStar Content are provided “as is”, without warranty of any kind. Without limiting the foregoing, we explicitly disclaim all express or implied warranties arising out of or related to these Terms or the Services, including any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade. We make no warranty that the Services of TrickleStar Content will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of the Services of any TrickleStar Content.
You will indemnify and hold harmless TrickleStar or its officials, directors, employees, affiliates, agents, licensors, and contractors from and against any claims, suits, demands, disputes, allegations, or investigations brought by any third party, governmental authority, or industry body, and all liabilities, damages, losses, costs, and expenses, including without limitation reasonable legal fees, arising out of or in any way connected with:
- Your access to or use of the Services;
- Your content;
- Your breach or alleged breach of any warranties made by you hereunder or your violation of any other provision of these Terms; or
- Your violation of any law or the rights of a third party.
TrickleStar may amend unilaterally these Terms in its sole and unfettered discretion at any time, and user hereby agrees to abide by and be fully bound by such amended terms. The amended terms shall be effective automatically and immediately once they are posted, and your continued access and use of the Services on or after such effective time constitutes your unequivocal and unconditional acceptance of the amended terms. These Terms may not be otherwise amended. If you do not agree to any amendments to these terms or to any of the current terms, your only right and remedy is to cease using the Services.
18. Governing Law
These Terms shall be governed by the laws of Malaysia.