User Agreement - Nothing (Malaysia)
Nothing User Agreement
This User Agreement (the “Agreement”) applies to the Nothing website located at www.nothing.tech (the “Site”) and regulates the rights and obligations between you and Nothing Technology Limited and its subsidiaries and affiliates (“Nothing” or “we” or “us”) when you use the Site or our products and services or participate in the Nothing community. The Site is the property of Nothing and its licensors. By using the Site or checking the box which indicates that you have agreed to the contents of this Agreement or clicking the “Register” or “Sign up” button, you confirm that you have read and accepted the Agreement. If you do not agree to the Agreement, do not click the “Register” or “Sign up” button, and do not use the Site or use or access the products or services.
Every time you wish to use the Site, please check these terms to ensure you understand the terms that apply at that time. Nothing reserves the right, at its sole discretion, to amend the terms of the Agreement. Such amendments may be intended to comply with laws and regulations, clarify our terms and conditions or provide improved products or services. We will endeavour to contact you using the contact details you have provided or via public announcement if we make a material amendment to this Agreement, which has the effect of reducing or adversely affecting your rights or interests. Your continued use of the Site, or Nothing’s products or services, following the posting of changes or notifying you will mean that you accept and agree to the changes.
Nothing Technology Limited is registered in England and Wales under company number 12984564 and has its registered office at 11 Staple Inn, London WC1V 7QH. Our VAT number is GB368039181.
The contents of this Agreement include: other terms and conditions; use of the Site; Nothing account, security and passwords; intellectual property rights, loading content to the Site, rights you are giving us to use material you upload, privacy, service termination, links to other sites, disclaimers, indemnity and limitation of liability; governing law and disputes; miscellaneous; and feedback.
Other terms and conditions
We may without notice update and make changes to the Site from time to time to reflect changes to our products, services, the applicable prices for any such products or services, our users' needs and our business priorities.
Our products and services are principally aimed at those aged 18 years or above. Any minors should involve and be supervised by their parents or legal guardian and obtain their consent in accordance with applicable laws.
Use of the Site
You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not use any robot, spider, page scraping or other automatic device, algorithm, methodology or similar manual process, to copy, monitor, acquire or access any portion of the Site or any Content, to attempt to obtain any information or materials by any means that are not purposely made available through the Site.
You must not attempt to gain unauthorised access to any portion or feature of the Site, the server on which the Site is stored or any server, computer or database connected to the Site or to any of the services offered on or through the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.
You may not use the Site or any Content for any purpose that is prohibited by this Agreement or that is unlawful or indecent or offensive, or to solicit the performance of any activity which infringes the rights of Nothing or others or any illegal activity.
You are responsible for configuring your information technology, computer programmes and platform to access the Site. You should use your own virus protection software.
Nothing account, security and passwords
You may be required to open a Nothing account to use certain features or services offered on or through the Site or otherwise. In which case your account details will be used for identity verification and providing user services. When you register and use your Nothing account you confirm that the information that you provide is accurate, complete and lawful. You also confirm that such information belongs to you and that you will update it as necessary from time to time.
It is your responsibility to maintain the confidentiality of the information in relation to your account, including your password. If you fail to keep such information secure and confidential you will be entirely responsible for any activity that occurs under your account due to such failure. You may reset your password using the tools provided on the Site. You agree to notify Nothing immediately of any unauthorized use of your account or password, or any other breach of security.
You may not use your Nothing account for any commercial activities including advertising or selling goods or services.
When you use your Nothing account to receive products or services from Nothing or its third-party partners, you agree that Nothing or such partners may contact you in accordance with applicable law and may do so by using the contact details that you have provided.
Intellectual property rights
Nothing is the owner or licensee of all intellectual property rights in the Site, and in the material published on it including without limitation all graphics, visual and user interfaces, design drawings, text, photographs, artwork, logos, sound, music, trademarks and computer code (collectively, “Content”). Those works and the Content are protected by copyright, patent, trade dress, unfair trade and trademark laws and treaties around the world. All such rights are reserved.
Save as expressly provided in this Agreement, you may not copy, reproduce, upload, republish, translate, compile, encode, transmit or distribute in any way to any other medium, website, server or computer for distribution or publication or for any commercial enterprise, any part of the Site or its Content, without Nothing’s prior written consent.
Loading content to the Site
Whenever you make use of a feature that allows you to upload content to the Site, or to make contact with other users of the Site, you must comply with the content standards set out in our Acceptable Use Policy.
You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any content you upload to the Site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in ‘Rights you are giving us to use material you upload’.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to the Site constitutes a violation of their intellectual property rights, or of their right to privacy.
We have the right to remove any posting you make on the Site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy. You are solely responsible for securing and backing up your content.
Rights you are giving us to use material you upload
When you upload or post content to the Site, you grant us the following rights to use that content:
- a worldwide, non-exclusive, perpetual, royalty-free, transferable licence to use, reproduce, translate, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the service provided by the Site and across different media including to promote the Site or the services;
- a worldwide, non-exclusive, perpetual, royalty-free, transferable licence for other users, partners or advertisers to use the content in accordance with the functionality of the Site.
Nothing reserves the right to do the following, at any time, without notice: (1) terminate the use of your Nothing account and discontinue providing services to you if you fail to activate or log in to your Nothing account, or if you breach the terms of this Agreement or if your account becomes inactive; and (2) interrupt the operation of the Site to perform maintenance, error correction or other changes.
The Site is made available free of charge. We do not guarantee that the Site, or any Content, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the Site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal. It is your responsibility to take the measures necessary in relation to any virtual property linked to your Nothing account within ten (10) working days of such notice. You will be responsible for any loss or liability arising from a failure to take such measures in a timely manner.
Links to other sites
Where the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience and information only. Such links should not be interpreted as approval by us of those linked websites and Nothing is not responsible for the content of such sites or information you may obtain from them. We have no control over the contents of those sites or resources.
Although we make reasonable efforts to update the information on the Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date. Nothing shall not be responsible for any actions that you may take based on information on the Site and you assume total responsibility for your use of the Site and any linked sites. Nothing does not promise that the Site or any content, service or feature of the Site will be error-free or uninterrupted, or that your use of the Site will provide specific results, or that any defects will be corrected. Nothing disclaims any liability arising from the acts, omissions and conduct of any third-parties relating to your use of the Site and/or any Nothing services.
To the extent permitted by law, the above disclaimer applies to any losses, damages, injuries or liability caused by any omission, failure of performance, interruption, error, defect, delay in operation or transmission, deletion, computer virus, communication line failure, destruction or theft of or alteration of or unauthorized access to, or use, whether for breach of contract, negligence, tort or any other cause of action.
Save where prohibited by law, in no event will Nothing be liable to you for any consequential, indirect, incidental, exemplary, or punitive damages including loss of profits, loss of revenue, loss of business, business interruption or loss of business opportunity.
Indemnity and limitation of liability
You agree to indemnify and hold Nothing, its directors, officers, shareholders, predecessors and successors in interest, agents, employees, affiliates and subsidiaries, harmless from any loss, liability, demands, expenses or claims, made by any third party against Nothing due to or arising out of or in connection with your use of the Site or your breach of this Agreement.
If Nothing is found to be liable to you for any loss or damage which arises out of or in connection with this Agreement, Nothing’s liability shall in no event exceed the price you have paid to Nothing. Certain jurisdictions do not allow limitations of liability, so the limitations of liability in the preceding sentence may not apply to you.
Governing law and disputes
This Agreement and any disputes arising under or in connection with it shall be governed by and construed in accordance with English law, without regard to its conflict of laws provisions. If there is any conflict between a provision of this Agreement and laws and regulations, the laws and regulations shall prevail.
In the event of any dispute arising under or in connection with this Agreement, the parties shall attempt, promptly and in good faith, to resolve such dispute. If no settlement can be reached, you and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland. The preceding provision regarding jurisdiction does not apply if you are a consumer based in the European Union. If you are a consumer based in the European Union, you may make a claim in the courts of the country where you reside. Claims under the Agreement must be brought within one year after the cause of action arising, or any such claim or cause of action shall be barred to the extent permitted by law.
The European Commission's Online Dispute Resolution tool provides useful information including on rights to return and warranty claims for EU consumers who have purchased goods or services online. The tool may be accessed here: http://ec.europa.eu/consumers/odr.
If any of the provisions of this Agreement are held by a court of competent jurisdiction to be invalid or unenforceable, such provisions shall be limited or disregarded to the minimum extent necessary and replaced with a valid provision that best reflects the intent of this Agreement, so that this Agreement shall remain in full force and effect. To the extent permitted by law, this Agreement shall not be interpreted or construed to confer any rights or remedies on any third parties. Information sent by electronic means (for example, email) shall be deemed as delivered at the time received by you. Information sent by courier shall be deemed delivered on the third (3rd) day after it is sent by courier service. You may not export or re-export or use any Content or any adaptation or copy of Content, or any product or service offered on the Site, in violation of applicable laws or regulations, including without limitation UK, European Union and United States export laws and regulations.
Any feedback provided by you shall be deemed to be non-confidential and Nothing shall be free to use such information on an unrestricted basis. You may contact us using the following email address: firstname.lastname@example.org.
This Agreement was published on 27 July 2021.