Hebat e-Sentral Subscription Terms

Hebat e-Sentral Subscription Terms

1. About our Terms

1.1. We are Xentral Methods Sdn Bhd (""we", "us", or "our"), a limited company registered in Malaysia and our registered address is 4800-3A-01 CBD Perdana, Persiaran Flora, Cyberjaya, 63000, Selangor, Malaysia. Our company number is 938808H.

1.2. These Terms and Conditions apply whenever you :

• use Hebat e-Sentral mobile and online digital apps and services (together “Hebat e-Sentral”) and access the content and services available on them including ebooks and audiobooks selection; and

• purchase access to Hebat e-Sentral, and the Copyrighted Content (together, the "Subscription Services") on a subscription basis.

1.3. You should read these Terms and Conditions carefully before using Hebat e-Sentral or subscribing to this subscription services. By accessing, using or subscribing to any of the above, you agree to be bound by these Terms and Conditions (as applicable) and the documents referred to in them.

1.4. If you access Hebat e-Sentral under an organisation’s subscription agreement, then your access is primarily governed by the subscription agreement between us and that organisation. In the event of any conflict between these Terms and Conditions and the organisation's subscription agreement (as applicable), the terms of the organisation's subscription agreement shall prevail to the extent of the inconsistency only. If you have any questions about the Hebat e-Sentral Services or if you have any difficulties using Hebat e-Sentral, please contact us here, call us on your regional telephone number, or email us at es-support@e-sentral.com

2. Your Subscription to the Subscription Services

Subscribing to Hebat e-Sentral

2.1. We can offer a range of subscriptions which may change from time to time depending on market demand:-

• to Hebat e-Sentral (“Digital Books Subscriptions”);

• we may offer subscriptions on a trial basis ("Trial Subscriptions")

2.2. You may purchase a Subscription by submitting an order and providing the sign up details on e-sentral.com. We will only accept your order when we have successfully verified your email address, processed your payment details and emailed you to confirm this.

2.3. We will try to process your Subscription order promptly but cannot guarantee activation by any specified time. We may reject any Subscription order in our discretion. You confirm that your sign up and payment details are complete and accurate, and that you are entitled to purchase a Subscription using those sign up and payment details. It is your responsibility to update and maintain changes to your sign up details on our Manage your Subscription page. Each Subscription is for a single user only. We may cancel or suspend your Subscription account if you share your access rights with any third parties, or attempt to allow third parties to avoid our control of access to Hebat e-Sentral subscription.

Fees and Payment

2.4. You agree to pay the Subscription fees at the rates and in the currency displayed during the Subscription process. Prices may vary from time to time and by country, and Subscriptions may be available on a one-off, monthly, annual or other basis. Discount offers are as stated at the time you subscribe and cannot be changed during the term of your subscription. Unless otherwise indicated, prices stated are inclusive of any applicable value added tax or other sales taxes. The breakdown of any service tax will be indicated on the relevant invoice.

2.5. If we do not receive payment authorisation or any authorisation is subsequently cancelled, we may immediately terminate or suspend your Subscription.

2.6. In the case that if you take a Trial Subscription, we will inform you of the full Subscription price payable at the start of the trial period. Your Subscription will renew automatically at the end of that trial period at the full Subscription price unless you cancel your Subscription before the end of the trial period. To cancel your Subscription during the trial period please go to Manage Your Subscription and follow the simple cancellation instructions.

2.7. We will give you at least 14 days’ notice of any increase in the price of your Subscription, which will take effect at your next renewal date.

2.8. If we incorrectly state a price online or otherwise, we are not obliged to provide you with a Subscription at that price, even if we have mistakenly accepted your offer to buy a Subscription. If we notify you of a pricing error, you may cancel the Subscription and we will refund you any money paid, or you may pay the correct price. If you do neither, we may cancel your Subscription and refund any money you have paid. We will always act in good faith in determining whether a genuine pricing error has occurred.

2.9. If you are entitled to a refund we will credit that refund to the account number or other payment method you used to submit payment, unless it has expired in which case we will contact you manually to arrange.

2.10. We will do all that we reasonably can to ensure that all of the information you give us when paying is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part, any failure by us to comply with this contract or our Privacy Policy or breach by us of our duties under applicable laws, we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.

Your Cancellation Rights

2.2. Cancelling Subscriptions:

• By placing your order for a Digital Subscription subject to these Terms and Conditions, you agree that we may start your Subscription immediately upon our acceptance of your order and that you waive your statutory right to cancel our contract within 14 days of our confirmation email.

• This means that you lose your right to cancel this contract once we have provided confirmation via email of your Digital Subscription (see section 2.3 above) and that any notice of cancellation that you provide (whether before or after the 14-day period) will only take effect at the end of your current subscription period. You will not be entitled to a refund except in the event that there is a fault in our provision of our Hebat e-Sentral Services.

Our Cancellation Rights

2.3. We may suspend or terminate your Subscription if we are prevented from providing services to you, or accepting payment from you, by applicable law or circumstances beyond our control, or if we cease services of Hebat e-Sentral. If we terminate for any of these reasons, we will provide you with a pro rata refund to the extent permitted by applicable law.

2.4. We may also suspend or terminate your Subscription, without refund, if you breach these Terms and Conditions, or in the event of any verbal or written abuse of any kind (including abusive, offensive or aggressive language) directed towards our Customer Care team, other e-Sentral personnel, or any member of the public, with or without notice and without further obligation to you.

2.5. If you are not a Subscriber, then we may suspend or terminate your access to the Hebat e-Sentral Content at any time, with or without notice and without further obligation to you.

Effects of cancellation

2.6. If you are entitled to a refund, we will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel your Subscription.

2.7. We will make the reimbursement using your registered payment details detailed within Manage Your subscription page. Additional charges may apply if we are required to reimburse to any other credit card or bank account.

2.8. If you cancel your Subscription in the start of a new month or any time before 14 days until the end of the month, your cancellation will begin for the following month. You will have full access and will be charged for the current month Subscription that has began.

Renewals

2.9. Unless you notify us at least 14 days before the end of your current subscription period that you wish to cancel, your subscription will continue to renew for further equivalent periods and will be subject to these Terms and Conditions. We will charge the subscription using the same card or other payment method that you previously used. In the case of annual subscriptions, we will send you a reminder notice at least 14 days before the renewal date stating the rate that will apply for the renewal period.

3. Using Hebat e-Sentral

Ownership of Hebat e-Sentral Content

3.1. Hebat e-Sentral Content and all intellectual property rights in each are owned by its respective authors, publishers, our licensors or all (as applicable). Intellectual property rights means rights such as: copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). Each owner reserve all of the rights in any intellectual property in connection with these Terms and Conditions.

3.2. Nothing in these Terms and Conditions grants you any legal rights in using Hebat e-Sentral other than as necessary to enable you to access Hebat e-Sentral and use the Services. You agree not to adjust, to try to circumvent or delete any notices contained on Hebat e-Sentral (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within e-Sentral.

Accessing and using Hebat e-Sentral

3.3. You agree to comply with our Copyright Policy when using Hebat e-Sentral Content. You are responsible for all use of Hebat e-Sentral Content whether accessed without a Subscription as a registered user, under your Subscription, or under your organisation’s Subscription.

3.5. The amount and types of e-Sentral Content that you can view depend on what type of subscription you have. If you already have a subscription, details of your access rights can be found at Your Account. We may vary or cancel the access rights of non-paying users at any time.

3.6. Your access to Hebat e-Sentral Content will vary depending on the offering that period of time.

3.7. We reserve the right to amend the scope of your Digital Subscription from time to time. We will give you at least 30 days’ notice of any significant reduction in the scope of your Digital Subscription, and these will only take effect from the date of your next payment following that 30-day period.

3.8. On registration, you will choose a user name and password (“ID”). It is your responsibility to keep your ID confidential. The email address must not correspond to a generic or shared email account, and you must be entitled to use that e-mail address. All information received by us from your use of Hebat e-Sentral will be used by e-Sentral in accordance with our Privacy Policy.

3.9. If you believe there has been any breach of security such as the disclosure, theft or unauthorised use of your ID or any payment information, you must notify e-Sentral immediately by e-mailing us at es-support@e-sentral.com. We recommend that you do not use e-Sentral.com’s “Remember me” log in feature on any device that may be used by anyone other than you in order to prevent unauthorised access to Hebat e-Sentral and your Subscription details.

User Generated Content

3.10. e-Sentral includes comments sections, blogs and other features that allow interaction between users and between users and authors/publishers. If you post information to these Forums (“User Generated Content” or “UGC”) then you must comply with our guidance for commenting on articles (refer 3.12) plus any specific rules posted on the Forum. You are responsible for all the content of any of your UGC that you or we publish. You are financially responsible to us for any claim against us by any third party that your UGC is not in accordance with these Terms and Conditions or that otherwise relates to your UGC.

3.11. You own the copyright in your UGC, and you agree to grant e-Sentral a right (but not an obligation) unlimited in time to publish, re-use, archive, modify, delete or commercially exploit that UGC in whole or in part as we see fit, whether on Hebat e-Sentral or otherwise, without any requirement to pay you for this and with or without attribution to you. You also waive any moral rights that you may have in regard to the UGC.

3.12. You agree that you will:

• only post original content and not infringe the copyright or other rights of any third party;

• not post any UGC containing any form of advertising or promotion for goods and services or any form of unsolicited communication;

• not post any confidential information of a third party;

• not post any recommendations to buy or not buy a particular share or investment or which otherwise has the purpose of affecting the price or value of any share or other investment;

• not post anything that is threatening, offensive, libellous, indecent or unlawful;

• not post anything that is discriminatory in nature, for example, comments which make attacks on the grounds of race, religion, sex, gender, sexual orientation, disability or age;

• respectfully challenge different points of view but not personally attack other commentators.

• not disguise the origin of any UGC and not impersonate any person or entity (including e-Sentral’s employees or Forum guests or hosts) or misrepresent any connection with any person or entity;

• not post any UGC unrelated to the Forum or the Forum’s topic;

• not post any UGC that contains software viruses, files or code designed to interrupt, destroy or limit the functionality of e-Sentral or any computer software or equipment;

• not collect or store other users’ personal data;

• not restrict or inhibit any other user from using the Forums; and

• not to swear or curse to e-Sentral’s customer support prior to gaining assistance.

3.13. It is not possible for e-Sentral to fully monitor all UGC published on e-Sentral but where we have actually received notice of any UGC that is potentially misleading, untrue, offensive, unlawful, infringes third party rights or is potentially in breach of these Terms and Conditions, then we will review that UGC, decide whether to remove it from e-Sentral and act accordingly. This may include banning a user from participation in UGC on e-Sentral. If you are aware of any such UGC, please notify us immediately with specific details by contacting us at es-support@e-sentral.com.

Third party sites and products

3.14. Hebat e-Sentral may contain hyperlinks or references to third party websites and third party products. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no legal responsibility for any products, content, material or information contained in them. The display of any hyperlink and reference to any third party website or third party product (including any advert or sponsor) does not mean that we endorse that third party's website, products or services. Your use of a third party site may be governed by the terms and conditions of that third party site.

3.15. Any agreements, transactions or other arrangements made between you and any third party named on (or linked to/from) e-Sentral are at your own responsibility and entered into at your own risk.

4. Your Privacy and Personal Information

4.1. Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities in the event you have a query or complaint about the use of your personal information.

5. Limitation on our Liability

5.1. e-Sentral makes no warranty, express or implied, regarding your Subscription, Hebat e-Sentral, the Contents or Hebat e-Sentral Services, which are provided 'as is'. We expressly disclaim all warranties to the extent permitted by law, including but not limited to warranties of fitness for a particular purpose.

5.2. Except for any legal responsibility that we cannot limit or exclude in law (such as for death or personal injury), in the event that you suffer any losses arising in connection with your Subscription, or your use of Hebat e-Sentral Content or Services:
(a) our total liability to you shall not exceed the total sums paid by you for your current Subscription; and
(b) we shall not be liable or legally responsible in any way (whether in contract, tort (including negligence) or otherwise) for:
(i) any loss that was not foreseeable to you or e-Sentral when the contract was formed;
(ii) any loss that was not caused by any breach on e-Sentral’s part;
(iii) any business loss (including business interruption, or loss of revenues, sales or business opportunity);
(iv) any loss of profits, anticipated savings, goodwill, reputation, or data;
(v) any loss of use or corruption of software or technical equipment;
(vi) any loss to non-consumers; and
(vii) any indirect or consequential loss
in each case even if we have been advised that such damages may arise.

5.3. The limitations of liability in this section 5 apply for the benefit of e-Sentral, its affiliates, including those listed in section 6 and all of their respective officers, directors, employees, agents or any company who we transfer our rights and obligations to in accordance with these terms and conditions.

6. Changes to these Terms and Conditions

6.1. We may update these Terms and Conditions for legal or regulatory reasons, or to reflect changes in our services or business practices. We will provide notice of any significant changes below. You should regularly check this section to see if any changes have been made. If you are a paying subscriber, any changes to our terms and conditions will become effective from the date of your next payment following the change unless we notify you otherwise. If you are not a paying subscriber, any changes will become effective as soon as we post them on Hebat e-Sentral or e-Sentral.

7. Law and Jurisdiction

7.1. If you are a user whose principal address or principal use of Hebat e-Sentral occurs in any jurisdiction, then these Terms and Conditions will be subject to Malaysian law. In this case, to the extent possible in the applicable jurisdiction, both you and we agree that the courts of Malaysia will (subject to the final paragraph in this section 8) have non-exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms and Conditions.

8. General

8.1. We shall have no liability to you for any breach of these Terms and Conditions caused by any event or circumstance beyond our reasonable control including, but not limited to, strikes, lock-outs or other industrial disputes; epidemic or pandemic; breakdown of systems or network access; or flood, fire, explosion or accident.

8.2. You may not license or transfer any of your rights under these Terms and Conditions. We may transfer any of our rights or obligations under these Terms and Conditions to any company within Xentral Methods Sdn Bhd, but if we do so we will ensure that any company to whom we transfer our rights or obligations will continue to honour your rights under them.

8.3. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms and Conditions, which will remain in full force and effect.

8.4. Failure by either party to exercise any right or remedy under these Terms and Conditions does not constitute a waiver of that right or remedy. Headings in these Terms and Conditions are for convenience only and will have no legal meaning or effect.

8.5. These Terms and Conditions (together with the documents referred to within these Terms and Conditions including in sections 1.4 and 2.1) constitute the entire agreement between you and e-Sentral relating to your use of Hebat e-Sentral Services. They supersede all previous communications, representations and arrangements, either written or oral.

8.6. Hebat e-Sentral is best used with one of our supported mobile application in application stores. Any payment information you send to us over the Internet is encrypted using 128 bit Secure Socket Layer technology.