We shall not be held liable for any additional interest and/or fee charged by any bank/financial institution/payment gateway service provider for any transaction/administrative fee.
A certificate signed by our officer shall be conclusive evidence as to any amounts owing under or in respect of this booking (save for demonstrable error).
We shall not be held responsible for any omission to insert an advertisement and reserve our absolute discretion to reject, suspend, cancel and/or change the position/page/section of any advertisement booked and /or accepted for publication without prior notice or reference to the advertiser.
While every effort shall be made to adhere to the date(s) of insertion(s) specified by the advertiser, we reserve the right to place the advertisement(s) on different date(s) and /or to withhold the advertisement(s) without prior reference to the advertiser. We shall not be held liable for any loss occasioned by the failure of any advertisement(s) to appear on the date(s) specified by the advertiser.
Advertising material, negatives, artworks and/or creatives of the advertiser (collectively, “Materials”) shall be labelled and marked clearly with the name of the advertiser.
The Materials submitted by the advertiser shall:
comply with the Content Code issued by the Communications And Multimedia Content Forum of Malaysia and any amendments/revisions made thereto;
comply with the Communications and Multimedia Act 1998 and any amendments/revisions made thereto;
comply with the Malaysian Code of Advertising Practice issued by the Advertising Standards Malaysia (ASA) and any amendments/revisions made thereto; and
comply with any other laws, by-laws, rules and regulations from time to time in force in Malaysia.
We shall not be responsible for unsatisfactory reproduction of any advertisement if the Materials supplied are not made up to the stipulated requirements (https://advertising.thestar.com.my/).
We shall have the right to make any alterations we consider necessary or desirable in any advertisement(s), or to require the Materials to be amended to meet our approval.
We may destroy any and/or all the Materials which have been in our custody for two (2) months or more without prior notice to the advertiser.
The Materials are held at the advertiser’s risk and should be insured by the advertiser against fire and/or other damages.
Restrictions on sizes of display advertisements are governed by the prevailing conditions and shall vary from time to time. The advertiser agrees to accept such variations as advised by us.
We may revise the advertising rates upon giving thirty (30) days’ prior written notice to the advertiser.
Complaints for any advertisements published shall be brought to our attention no later than twenty four (24) hours after publication date, otherwise the complaints shall not be entertained. The complaints shall be in writing. We reserve the absolute discretion whether to address the complaints with corrective advertisement(s) to be done at our cost. In the event we agree to publish a corrective advertisement), it shall be at our absolute discretion as to the size, date, nature and wordings of the corrective advertisement. The advertiser shall have no claims against us howsoever or whatsoever arising from the corrective advertisement.
We shall have the sole and absolute discretion, suspend, pre-empt, interrupt or otherwise terminate the booking, without liability, if any one of the following events occur: (a) the advertiser breaches any of these terms and conditions; (b) the Materials fail to comply with any terms provided herein or any other instructions given by us; (c) it is in our sole opinion that the publication is or may be in violation of any acts, statutes or laws, public or social policies, rules and/or regulations, and/or order instructions, notices, and/or directives imposed/issued by the appropriate authority; (d) it is in our sole opinion that the publication is or may breach the intellectual property rights or alleged rights of a third party; (e) the publication may result in or potentially result in any claim, charge, investigation, action, suit or proceeding (whether civil or criminal) asserted or instituted by a third party or governmental authority against us; (f) technical failure; (g) testing, repair, adjustment, maintenance, reconfiguration of any component or equipment of our websites/mobile application; (h) the Materials contain abusive, defamatory or discriminatory material or the content thereof incites unrest/hatred; (i) Internet failure which disrupts our website/mobile application; (j) suspension from the governing authority on the use/operation of the our website/mobile application; and/or (k) any other reason as we deem fit and appropriate.
The advertiser shall indemnify and hold us and our officers, directors, employees, contractors, agents and/or assignees (collectively “Indemnified Parties”) harmless from and against any and all claims, including and without limitation to:
any and all claims, demands, costs, expenses, losses, liabilities or damages (including legal fees on a solicitor and client basis) arising from or in connection with the publication;
any claim brought by a third party against the Indemnified Parties for libel, slander, plagiarism, invasion of privacy or infringement of intellectual property, copyright, trademark, patent or other contractual or proprietary right arising from the Materials provided by the advertiser;
any claim arising from a breach by the advertiser of any obligations under these terms and conditions; and
any fine, penalty or consequences arising from the breach of any laws or regulations, including but not limited to Communications and Multimedia Act 1998 of Malaysia, Malaysian Code of Advertising Practices, Content Code and Personal Data Protection Act 2010.
Request for cancellation or transfer of advertisement(s) are indicated in the rate card: https://advertising.thestar.com.my/.
Services are provided on an “as is” and “as available” basis without warranties of any kind, either express or implied, including without limitation, warranties of merchantability, fitness for a particular purpose or non-infringement. Neither the booking form nor any documentation furnished hereunder is intended to express or imply any warranty that the advertising services will be uninterrupted, in a timely manner or error-free.
In the event we fail to perform the advertising services in accordance with the details set out in the booking form, our sole liability to the advertiser shall be limited to, at our sole discretion: (a) a refund of the payment in respect of the affected booking; or (b) replacement of advertising services of equivalent value. Notwithstanding anything stated to the contrary herein, our maximum liability to the advertiser shall not, for any reason, exceed the aggregate payments actually made by the advertiser in respect of the booking in question. In no event we shall be responsible for any consequential damages, loss of profits or any other form of damages arising from any failure to deliver the advertising services.
This booking shall be governed by the laws of Malaysia and the advertiser agrees to submit to the exclusive jurisdiction of the courts in Malaysia.
No advertisement tear sheet/cutting would be given by us for any print advertisement published, if applicable.
If any provision herein is, or may become, under any written law, or is found by any court or administrative body of competent jurisdiction to be illegal, void or invalid, then, such provision shall be fully severable and the remaining provisions shall remain in full force and effective and shall not be effected by the illegal, void or invalid provision or by its severance.
The advertiser shall not assign, transfer or novate the booking form to any third party without our prior written consent.
The advertiser acknowledges that it has been given and has had the opportunity to seek advice from independent legal counsel in relation to all matters set out herein and confirms that any failure on the part of the advertiser to appoint, or election not to appoint legal counsel shall not be raised as a defence in any dispute.
We reserve the right to amend any of the terms and conditions at any time without prior notice and the amended terms will be uploaded onto https://advertising.thestar.com.my/. The advertisers are encouraged to visit https://advertising.thestar.com.my/ from time to time to view any amendments and/or changes to the Terms and Conditions.
The placement of advertisement(s) shall amount to full acceptance of the above terms and conditions.
