User Terms

This document sets out the Terms and Conditions (“Terms”) on which Me Books Asia (Registration No. 1230177-M) having its registered office at UOA Business Park Tower 3 Unit 03-06, Jalan Pengaturcara U1/51A, Kawasan Perindustrian Temasya, 40150 Shah Alam, Selangor, Malaysia (“We”, “Us” Or “Our”) provides you (“You” Or “Your” Or “User”) with access to the ‘Me Books’ app. Please read these terms very carefully. You acknowledge and agree that by clicking on “I Accept” when prompted in the Me Books app, you signify that you have read, understood, and agree to be bound by these terms. If you do not accept these terms, you will not be able to use the Me Books app. You are advised to print and retain a copy of these terms for your future reference.

  1. Definitions:  “App” means the object code form of the Me Books mobile application(s), available for download through the Apple, Windows, Google Play and Amazon app stores. Me Books App provides the user with the ability to view digitally enhanced children books (“the Services”). The App provides a subscription service that allows our members to access the Services in a subscription model (“Subscription content”). These content are downloadable over the Internet and viewed “offline” on smart devices including phones, tablets, and smart TVs. These Subscription contents will be accessible for the duration of the subscription.  In addition to the Subscription contents, there is Paid-for Content (“Premium Content”) that may be downloaded and also view “offline”. These Premium content will be accessible indefinitely (perpetually) in the Me Books App.

  2. Information about Me Books App

    1. The Me Books App is owned and managed by Me Books Asia. (“Me Books”). All information supplied through the Service is managed by Me Books Asia.

    2. Me Books can be contacted by writing to Me Books Asia, UOA Business Park Tower 3 Unit 03-06, Jalan Pengaturcara U1/51A, Kawasan Perindustrian Temasya, 40150 Shah Alam, Selangor, Malaysia.

    3. By using the Service, you warrant that:

    4. You are legally capable of entering into binding contracts, and you are 18 years old or above.

  3. Use of the Service

    1. Subject to these Terms, we hereby grant to you a non-exclusive, non-transferable, terminable licence to download, install and use the App on your mobile device. This licence is in respect of your use of the Service for your own personal, non-commercial purposes only.

    2. Except as expressly permitted in these Terms, you shall not, and shall not permit others to ;

      1. modify, translate, create derivative copies of or copy the App, in whole or in part;

      2. reverse engineer, decompile, disassemble or otherwise reduce the object code of the App to source code form;  

      3. distribute, sub-licence, assign, share, timeshare, sell, rent, lease, grant a security interest in, use for service bureau purposes, or otherwise transfer the App or your right to use the App;

      4. remove or modify any copyright, trademark, or other proprietary notices belonging to us or our licensors contained within the App; or

      5. use the App in any manner not expressly authorised by these Terms.

    3. We will use our reasonable endeavours to make the Service available to you at all times, but we cannot guarantee that the Service will be uninterrupted or fault free.

    4. We reserve the right to make changes to the Service or part thereof from time to time including without limitation, the removal, modification and/or variation of any elements, features and functionalities of the Service.

    5. Without prejudice to our other rights and remedies, we reserve the right to temporarily or permanently suspend or disable your access to the Service at any time without notice to you in the event you breach any of the provisions herein.

    6. In the event that we, in our sole discretion, consider that you are making any illegal and/or unauthorised use of the Service, and/or your use of the Service is in breach of these Terms, we reserve the right to take any action that we deem necessary, including terminating without notice your use of the Service and, in the case of illegal use, instigating legal proceedings.

  4. Membership - Subscription

    1. Your App membership will continue from month-to-month until terminated. To access the Subscription content you must have Internet access and a smart device, and provide us with one or more Payment Methods. (”Payment Method”) means a current, valid, accepted method of payment, as may be updated from time to time, and which may include payment through your account with a third party. Unless you cancel your membership before your monthly billing date, you authorise us to charge your next month's membership fee to your Payment Method (see "Cancellation" below).

    2. Members will be able to access all the Subscription content as long as there is a valid/ acceptable/successful payment by the Payment Method.

    3. We may offer an offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services number of membership plans, including special promotional plans or memberships provided by such third parties.

    4. Some membership plans may have differing conditions and limitations, which will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your Me Books membership by visiting our website and clicking on the “Account” page at http://www.mebooks.asia.

  5. Free Trial

    1. Your App membership may start with a free trial. The free trial period of your membership lasts for two (2) weeks, or as otherwise specified during sign-up and is intended to allow new members and certain former members to try the service.

    2. Free trial eligibility is determined by Me Books Asia at its sole discretion and we may limit eligibility or duration to prevent free trial abuse. We reserve the right to revoke the free trial and put your account on hold in the event that we determine that you are not eligible. We may use information such as device ID, method of payment or an account email address used with an existing or recent Me Books membership to determine eligibility. For combinations with other offers, restrictions may apply.

    3. During the duration of the trial period, you may access all the Subscription Contents. This include the ability to download the Services and view offline

    4. Premium content will not be accessible for the duration of the trial period unless purchased individually (see clause 7).

    5. We will charge your Payment Method for your monthly membership fee at the end of the free trial of two (2) weeks period unless you cancel your membership prior to the end of the free trial period. To view the monthly membership price and end date of your free trial period, visit our website and click the "Billing details" link on the "Account" page http://www.mebooks.asia

  6. Billing and Cancelation

    1. Billing Cycle. The membership fee for the Service and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged on a monthly basis to your Payment Method on the calendar day corresponding to the commencement of the paying portion of your membership. In some cases your payment date may change, for example if your Payment Method has not successfully settled or if your paid membership began on a day not contained in a given month. Visit our website and click on the "Billing details" link on the "Account" page to see your next payment date. We may authorise your Payment Method in anticipation of membership or service-related charges through various methods, including authorising it up to approximately one month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorisation during your free trial period.

    2. Payment Methods. To use the Service you must provide one or more Payment Methods. You can update your Payment Methods by going to the "Account" page. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorise us to continue to charge the applicable Payment Method(s). You authorise us to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Local tax charges may vary depending on the Payment Method used. Check with your Payment Method service provider for details.

    3. Cancellation. You can cancel your Me Books membership at any time, and you will continue to have access to the Me Books service through the end of your monthly billing period. To the extent permitted by the applicable law, payments are non-refundable and we do not provide refunds or credits for any partial-month membership periods or unwatched Me Books content. To cancel, go to the "Account" page and follow the instructions for cancellation. If you cancel your membership, your account will automatically close at the end of your current billing period. To see when your account will close, click "Billing details" on the "Account" page. If you signed up for Me Books using your account with a third party as a Payment Method and wish to cancel your Me Books membership, you may need to do so through such third party, for example by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from the Me Books service through that third party. You may also find billing information about your Me Books membership by visiting your account with the applicable third party.Premium content purchased are not refundable.

  7. Premium Content

    1. In addition, You may access the App Paid-for-content “Premium Content” by pressing the relevant icon (Book title) in the Me Books App store.

    2. Premium Content is not available in the membership Service content (Subscription content) and is additional to the Membership package. These titles are selected and will only be available if you opt to purchase them individually.

    3. Ownership of these paid-for-content will be perpetual to you.

    4. To proceed with the download of the Premium content;

      1. Browse the In-app Store in the App. Premium content books are listed with the price indicated.

      2. You will need to indicate your intention to proceed by pressing ‘Confirm in-app purchase’.

      3. You acknowledge and agree that, by pressing ‘Confirm in-app purchase’:

      4. The content will be downloaded to your mobile device; and

      5. The price indicated for the particular download shall be deducted from your Payment Method.

  8. Use of the App

    1. Where you access the Services through an the Me Books App, you acknowledge and agree that:

      1. Me Books is in no way linked, connected or affiliated with Apple, Amazon, Google Play, Windows or Android;

      2. Access to and use of the Service may be limited by your network carrier and will be limited if you are attempting to access the App from outside the area of your network carrier;

      3. You acknowledge you will not be able to access and use certain functionalities of the App unless you have internet access through a GPRS, 3G or Wi-Fi connected mobile device. All traffic charges or access charges incurred due to the use of the App are subject to your agreed terms with your mobile network provider.

      4. neither your airtime provider nor any app store or kiosk or kiosk operator (including but not limited to GooglePlay App Store, Apple AppStore, Amazon and Windows Phone Marketplace) shall bear any responsibility or liability whatsoever in relation to sale, distribution, functionality, accessibility, support or performance or non-performance of the App;

      5. your airtime provider and any App kiosk or kiosk operator (including but not limited to GooglePlay App Store, Apple AppStore, Amazon and Windows Phone Marketplace) are third party beneficiaries in respect of this clause

      6. and accordingly have the right to enforce the provisions of this clause 8.1;

      7. Me Books is solely responsible for providing any support and maintenance in respect of the App; and you will comply with any applicable third party terms and conditions in your use of the App.

    2. Further, where you access the Services via an App obtained from the Apple ‘AppStore’, you acknowledge and agree that:

      1. you are not located in a country that is subject to a US Government embargo or that has been designated by the US Government as a ‘terrorist supporting’ country;

      2. you are not listed on any US Government list of prohibited or restricted parties;

    3. These Terms are concluded between you and Me Books and accordingly Apple is not a party to these Terms;

      1. Apple has no obligation to provide any maintenance and support services in respect of the App;

      2. If the App fails to conform to any warranty herein, you may notify Apple following which Apple will refund you the purchase price paid for the App (if any). Apple will have no further liability whatsoever in respect of any such failure;

      3. Apple has no responsibility to address any claims by you or any Apple shall not be responsible for any claims made by any third third party whatsoever with respect to the App;

      4. party that the App infringes any third party intellectual property rights;

      5. and ‘AppStore’ and ‘Apple’ are trade marks of Apple Inc.

      6. Further, where you access the Services via an App obtained from the Windows Phone Marketplace, you acknowledge and agree that you may install and use one copy of the App on up a maximum of three mobile devices you personally own or control and which are affiliated with the Windows Live ID associated with your Windows Phone Marketplace account. You may not install or use a copy of the App on a device you do not own or control.
         

  9. Your Obligations

    1. You shall, at all times:

      1. comply with all applicable laws, regulations, directives and legislations in your use of the Service;

      2. comply with any guidelines provided or reasonable instructions issued by us from time to time in respect of your use of the Service;

      3. not do anything likely to impair, interfere with or damage or cause harm or distress to any persons using the Service;

      4. not use the Service and/or any knowledge, information, know-how and/or expertise derived from using the Service to commit any criminal act;

      5. not use the Service and/or not do anything that shall or be reasonably deemed to infringe any intellectual property rights or other rights of any third parties;

      6. ensure your mobile device:

        1. complies with the minimum specifications required by the app store or kiosk from which you downloaded the App, for your mobile device to install and use all features of the App;

        2. and contains adequate anti-virus protection;

        3. and you acknowledge that we will not be liable for any loss or damage caused by a virus or other technologically harmful material that may infect your mobile device due to your use of the App.
           

  10. Term and Termination

    1. These Terms will remain in full force and effect while you use the Service. We may, at any time and for any reason, terminate these Terms with you and deny you access to the Service. In the event of termination of these Terms for any reason, you must not attempt to use the Service. Sections 3.2, 3.3 and 7 to 14 inclusive shall survive termination of these Terms for any reason, and shall be valid and enforceable against you.
       

  11. Intellectual Property

    1. Other than in relation to any links to third party websites, Me Books own or have a licence to use all right, title and interest in and to the App, including without limitation all copyright and any other intellectual property rights therein. These Terms shall not be construed to convey title to or ownership of the App or the content contained therein to you. All rights in and to the App or content not expressly granted to you are reserved by us. You are granted a non-transferable, non-exclusive, royalty-free, revocable licence to view the content for your personal use only. You are expressly prohibited from removing, modifying, altering or using any registered or unregistered marks/logos owned by us, and doing anything which may be seen to take unfair advantage of our reputation and goodwill or could be considered an infringement of any of the intellectual property rights owned and/or licensed to us, without first obtaining our written permission.
       

  12. Warranties

    1. Any content, information or material provided to you as part of the Service is provided on an ‘as is’ basis for your convenience only. Such content, information and material does not constitute advice or a recommendation and therefore it should not be solely relied on to assist in making or refraining from making a decision, or to assist in deciding on a course of action. To the maximum extent permitted by law, we expressly exclude all representations, warranties, obligations and liabilities in connection with the Service, and any content, information or materials provided therein.

    2. We provide the App and the content therein for your enjoyment. However, we make no warranties and assume no responsibility for any of the Membership content or Premium Content, the quality or content of the same. Where you access any of the Membership content or Premium Content, you do so entirely at your own risk. Links to third party websites and companies may appear on the App. We accept no responsibility for the availability, suitability, reliability or content of such third party websites and do not necessarily endorse the views expressed within them.
       

  13. Liability

    1. Use of the App is provided free of charge.

    2. Subject to clauses 12.1 and 12.2, our maximum aggregate liability under, arising from or in connection with these Terms, whether arising in contract, tort (including negligence) or otherwise shall not exceed the lower of $50 or the total paid by you for Paid-for Content (Premium Content) in the 12 months preceding any such claim.

    3. We shall not be responsible for any:

      1. losses, damages, costs and expenses which were not reasonably foreseeable to be incurred by you and could not have been reasonably foreseeable by you or us on entering these Terms;

      2. or loss of profits, contracts or business, loss of an anticipated outcome or anticipated savings.

    4. We accept and do not limit our liability to you for the following categories:

      1. death or personal injury;

      2. negligent misrepresentation, fraud or fraudulent misrepresentation;

      3. any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982.
         

  14. Data Protection and Privacy

    1. We are committed to protecting (i) your privacy; and (ii) the confidentiality of the information provided by you using the App. For the purposes of the Data Protection Act 1988, the data controller is Me Books Asia (Registration No. 1230177-M) having its registered office at UOA Business Park Tower 3 Unit 03-06, Jalan Pengaturcara U1/51A, Kawasan Perindustrian Temasya, 40150 Shah Alam, Selangor, Malaysia

    2. Where you provide any personal information through the App, for example where you register and set up an account, we shall use that information for the following purposes:

      1. to assist in providing you with the Service;

      2. to inform you about changes to the Service;

      3. and to inform you about additional content and features of the App.

    3. Where we contact you in relation to any of the purposes in clause 14.2, we will only do so by email. If you do not want us to do so, you can opt out at any time either by clicking on the ‘Opt out’ link in any email from us or by changing your preferences in the ‘My Account’ section of the App.

    4. We may disclose your personal information to third parties:

      1. in the event that we sell or buy any business or assets or Me Books. is acquired by a third party;

      2. or, if we are required to do so in order to comply with any legal obligation, or in order to enforce these Terms.

    5. All information you provide to us is stored on our secure servers. These servers may be located outside the European Economic Area, and accordingly your data may be transferred and stored outside the EEA. By submitting your personal data, you agree to this transfer and/or storing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with data protection principles. Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our App; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
       

  15. General

    1. You may print and keep a copy of these Terms, which form the entire agreement between you and us and supersede any other communications or advertising with respect to the Service.

    2. These Terms may only be modified with our prior written consent. We may alter or amend these Terms at any time, with immediate effect and without notice. By continuing to use the Service after such alteration, you will be deemed to have accepted any amendment to these Terms.

    3. These Terms and their performance shall be governed by and construed in accordance with the laws of Malaysia and the parties hereby submit to the non-exclusive jurisdiction of the courts of Malaysia.

    4. You shall comply with all foreign and local laws and regulations which apply to your use of the App in whatever country you are physically located, including without limitation, consumer law, export control laws and regulations.

    5. You agree that because of the unique nature of the App, and our proprietary rights therein, a demonstrated breach of these Terms by you would irreparably harm us and monetary damages would be inadequate compensation. Therefore, you agree that we shall be entitled to preliminary and permanent injunctive relief, as determined by any court of competent jurisdiction to enforce the provisions of these Terms.

    6. If any provision of these Terms is declared void, illegal, or unenforceable, the remainder of these Terms will be valid and enforceable to the extent permitted by applicable law. In such event, the parties agree to use their best efforts to replace the invalid or unenforceable provision by a provision that, to the extent permitted by the applicable law, achieves the purposes intended under the invalid or unenforceable provision.

    7. Any failure by any party to these Terms to enforce at any time any term or condition under these Terms will not be considered a waiver of that party's right thereafter to enforce each and every term and condition of these Terms.

    8. Neither party will be responsible for delays resulting from circumstances beyond the reasonable control of such party, provided that the non-performing party uses reasonable efforts to avoid or remove such causes of non-performance and continues performance hereunder with reasonable dispatch whenever such causes are removed.

    9. Nothing in these Terms shall give, directly or indirectly, any third party any enforceable benefit or any right of action against us and such third parties shall not be entitled to enforce any term of these Terms against us.

      1. If you feel that any materials appearing on the App are offensive, objectionable or potentially defamatory please contact us providing full details of the nature of your complaint and the materials to which the complaint relates.

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Thailand

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