TERMS OF USE
Welcome to KLEFFlix, an online streaming platform by EcoKnights as the organizing committee of the International Kuala Lumpur Eco Film Fest (KLEFF). KLEFFlix serves to allow our subscribers to access our database of environmentally-themed films from around the world.
These Terms of Service (“Terms”, “Terms of Service”) govern your use of our website operated by EcoKnights.
Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard and disclose information that results from your use of our web pages.
Your agreement with us includes these Terms and our Privacy Policy (“Agreements”). You acknowledge that you have read and understood these Agreements, and agree to be bound by them.
If you do not agree with (or cannot comply with) these Agreements, then you may not use the Service but please let us know by emailing to info@kleff.my so we can try to find a solution. These Terms apply to all visitors, users and others who wish to access or use our Service.
Subscription
Some parts of our Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles will be set depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or EcoKnights cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting our customer support team at info@kleff.my.
A valid payment method is required to process the payment for your subscription. You shall provide EcoKnights with accurate and complete billing information that may include, but not limited to, full name, address, state, postal code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorise EcoKnights to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, EcoKnights reserves the right to terminate your access to the Service with immediate effect.
Purchases
If you wish to purchase any product or service made available through Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, but not limited to, your credit or debit card number, the expiration date of your card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.
We reserve the right to refuse or cancel your order at any time for reasons including, but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.
Fee Changes
EcoKnights, in its sole discretion and at any time, may modify Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
EcoKnights will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Refunds
Your Premium subscription can be refunded within 14 days of purchase if you never use the service. We reserve the right to refuse the refund if fraud is suspected.
Communication
By using our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing us at info@kleff.my.
Contest and Promotion
Any contests or other promotions (collectively, “Promotions”) made available through our Service may be governed by rules that are separate from these Terms of Service. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Service, Promotion rules will apply.
Account / Membership
When you create an account with us, you guarantee that you are above the age of 18, or have been granted consent by an authorised adult, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorised use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorisation. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
Your membership will continue until terminated, either by self termination or action from the Company due to breach of Contract or other grounds in compliance with the Terms.
Restricted Use By Minors / Parental Guidance
Service is intended only for access and use by individuals of at least eighteen (18) years old, unless with consent by and under the supervision of an authorised adult, i.e. individual above eighteen (18) years old. By accessing or using the Service, you warrant and represent that you are at least eighteen (18) years of age, or have been granted consent by and are under the supervision of an authorised adult, and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of the Terms. If you are not at least eighteen (18) years old and have not been granted consent by and are not under the supervision of an authorised adult, you are prohibited from both the access and usage of the Service.
Analytics
We may use third-party Service Providers to monitor and analyse the use of our Service.
Content
Content found on or through this Service are the property of EcoKnights or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
Prohibited Uses
You may use the Service only for lawful purposes and in accordance with the Terms. You agree not to use the Service:
- In any way that violates any applicable national or international law or regulation.
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity.
- In any way that infringes upon the rights of others, or in any way which is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by us, may harm or offend the Company or users of Service or expose them to liability.
Additionally, you agree not to:
- Use the Service in any manner that could disable, overburden, damage, or impair the Service or interfere with any other party’s use of Service, including their ability to engage in real time activities through the Service.
- Use any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service.
- Use any manual process to monitor or copy any of the material on the Service or for any other unauthorised purpose without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Service.
- Introduce any viruses, trojan horses, spyware, worms, logic bombs, or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service.
- Attack the Service via a denial-of-service attack or a distributed denial-of-service attack.
- Take any action that may damage or falsify the Company rating.
- Otherwise attempt to interfere with the proper working of the Service.
Intellectual Property
Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of EcoKnights and its licencors. Service is protected by copyright, trademark and other laws of local and foreign countries. Our trademarks may not be used in connection with any product or service without the prior written consent by EcoKnights.
Copyright Policy
We respect the intellectual property rights of others. It is our policy to respond to any claim that the Content posted on the Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.
If you are a copyright owner, or authorised on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to info@kleff.my, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright.
DMCA Notice and Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
- a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
- identification of the URL or other specific location on Service where the material that you claim is infringing is located;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You can contact our Copyright Agent via email at info@kleff.my.
Error Reporting and Feedback
You may provide us either directly at info@kleff.my or via third party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) the Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) the Company is not under any obligation of confidentiality with respect to the Feedback. In the event that the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant the Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialise) the Feedback in any manner and for any purpose.
Links to Other Websites
Our Service may contain links to third party websites or services that are not owned or controlled by EcoKnights.
EcoKnights has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party websites or services.
We strongly advise you to read the terms of service and privacy policies of any third party websites or services that you visit.
Disclaimer of Warranty
These services are provided by the Company on an “as is” and “as available” basis. The Company makes no representations or warranties of any kind, express or implied, as to the operation of their services, or the information, content or materials included therein. You expressly agree that your use of these Services, their content, and any Services or items obtained from us is at your sole risk.
Neither company nor any person associated with the Company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the Services. Without limiting the foregoing, neither the Company nor anyone associated with the Company represents or warrants that the Services, their content, or any Services or items obtained through the Services will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that the Services or the server that makes it available are free of viruses or other harmful components or that the Services or any Services or items obtained through the Services will otherwise meet your needs or expectations.
The Company hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose.
The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
Limitation of Liability
Except as prohibited by law, you will hold us and our officers, directors, employees, and agents harmless for any indirect, punitive, special, incidental, or consequential damage, however it arises (including attorneys’ fees and all related costs and expenses of litigation and arbitration, or at trial or on appeal, if any, whether or not litigation or arbitration is instituted), whether in an action of contract, negligence, or other tortious action, or arising out of or in connection with this agreement, including without limitation any claim for personal injury or property damage, arising from this agreement and any violation by you of any federal, state, or local laws, statutes, rules, or regulations, even if the Company has been previously advised of the possibility of such damage. Except as prohibited by law, if there is liability found on the part of the Company, it will be limited to the amount paid for the products and/or services, and under no circumstances will there be consequential or punitive damages.
Termination
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of Terms shall survive termination including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Governing Law
These Terms shall be governed and construed in accordance with the laws of Malaysia, which governing law applies to agreement without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding the Service.
Changes to Services
We reserve the right to withdraw or amend our Service, and any service or material we provide via the Service, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service, or the entire Service, to users, including registered users.
Amendments to Terms
We may amend the Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.
Your continued use of the Platform following the posting of the revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorised to use the Service.
Waiver and Severability
No waiver by the Company of any term or condition set forth in the Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under the Terms shall not constitute a waiver of such right or provision.
If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.
Acknowledgement
By using the Service or other Services provided by us, you acknowledge that you have read these Terms of Service and agree to be bound by them.
Privacy Policy
This Privacy Policy explains our practices and use of certain information, granted by our users, in connection with our service.
KLEFFlix, under the administration of EcoKnights, ensures that the personal data of our users are managed and protected with utmost care and declares the following, in compliance with the General Data Protection Regulation (GDPR):
Collection of Information
The information we receive and store about you include name, email address, residential address, profession/occupation, date of birth, phone number and credit/debit card number.
We collect these information in a number of ways: when you sign up to our service, participate in our surveys such as through feedback forms, interact with our customer service and take part in our promotions or competitions.
Use of Information
The information you provide is used to handle your payment, call or email you to conduct our services (if required), inform you about our services and possible changes made towards them, send newsletters, answer your questions, Analyse and understand our audience, improve and optimise our service as well as detect and investigate any illegal activities to enforce our terms.
We do not use your data for reasons other than that for which you have entered this data yourself. Should you choose to subscribe to our newsletter, your data will be saved in our database and you may receive other emails from us regarding our service.
Providing Personal Data to Third Parties
We will share your data to third parties if necessary to carry out our service and ensure that we comply with our legal obligations. We will only provide your personal data to the aforementioned third parties with your express permission.
Data Storage Duration
We do not store your personal data longer than is strictly necessary to realise the purposes for which your data is collected.
Your Information and Rights
You are always free to request access to the data and personal information that we have stored of you, modify or even delete them. If you have any requests or questions regarding our privacy policy, do email us at info@kleff.my.
We also have the right to reject requests to data access should we deem it illegal by law, unreasonable or could expose us to operational risks.
Social Media
We might use specific target groups for our social media campaigns. These groups are created directly through our analysis on our social media platforms. This way, we can approach our KLEFFlix users and EcoKnights visitors in a more targeted manner. If you do not consent to our use of your personal data for social media purposes, do email us at info@kleff.my.
Links to Other Website
At certain places, our site might have links to other websites which have separate and independent privacy policies and terms of use. We are not responsible for the policies and terms that apply to the websites of third parties.
Security
We use reasonable measures to protect and ensure the safety of your personal data. This provides security against the risks of processing your data.
Children
KLEFFlix users must be at least 18 years of age. If not, consent from and supervision of an authorised adult are required to access our service and contents.
Changes To Policy
Our Privacy Policy will be updated from time to time in correspondence to legal & operational requirements. We will inform you and provide notice of any changes according to the law. Your continued use of our service means that you acknowledge to and approve of our changes. If you do not wish to approve, you can choose to cancel your membership on our website. To see when changes were last made to our Privacy Policy, please check the “Last Updated” section below.
Cookies
We practise limited use of cookies and other technologies to monitor site traffic and activity, enforce our terms to prevent any fraudulent activities and maintain security as well as collect information and conduct market research to understand the demographics and viewing patterns of our users. All of these are done so that we are able to observe how our site is used and how we can improve on our services thus, making it easier for you to access our website when you return to your account, further enhancing your experience.
Should you have any enquiries or complaints about how we handle or manage your personal data, please discuss it with us by emailing to info@kleff.my.
