Terms and Conditions and Privacy Policy

PPM Website Terms and Conditions of Use

Dated / Last Updated: 01/01/2020

No.
Category
Terms & Conditions
1 Introduction
  1. We, Public Performance Malaysia (PPM) Berhad 201601042369 (1213311V) (hereinafter referred to as “PPM”) would like to thank you for visiting PPM’s website, PPM’s licensing portal, PPM’s mobile website, PPM’s mobile application and/or any other media form (hereinafter referred to as “Platform”).
  2. This Platform is owned and operated by PPM, a company incorporated in Malaysia and with its registered office at L-8-2, No. 2, Jalan Solaris, Solaris Mont’ Kiara, 50480 Kuala Lumpur, Wilayah Persekutuan.
  3. All terms and conditions contained herein and the privacy policy herein (hereinafter referred to as “Privacy Policy”) (hereinafter collectively referred to as “User Terms”), shall govern your access and use of this Platform (hereinafter referred to as “User Terms”), including all pages within this website, and all or any services, materials, data, information and functions made available within this Platform.
2 Application And Acceptance Of User Terms
  1. These User Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity, and PPM concerning your access to and use of this Platform. By accessing or using this Platform, you expressly accept that you have read understood and agree to be bound by these User Terms and any modifications in full. These User Terms apply in full force and effect to your use of this Platform.
  2. Supplemental terms and conditions or documents that may be posted on this Platform from time to time are hereby expressly incorporated herein by reference. PPM reserves the right, in its sole discretion, to amend, change, modify, revise, add and/or remove these User Terms at any time and for any reason which shall be effective immediately when posted on this Platform.
  3. You will be alerted about any modifications by updating the “Last Updated” date of these User Terms, and you waive any right to receive specific notice of each such change. Accordingly, you should ensure that you regularly review these User Terms to keep yourself informed of such changes. By continuing to access and use this Platform you confirm your acceptance of the same.
  4. Further, you agree to the disclosure of your personal information (in compliance with the Personal Data Protection Act 2010) (hereinafter referred to as “Personal Data”) and authorize PPM to share and/or use your personal information as described in the Privacy Policy. You must not use this Platform, if you do not agree to any of these User Terms or to your Personal Data being processed as set out below.
  5. PPM reserves the right to prohibit your access to this Platform for the service if you breach any User Terms in this Platform.
  6. If you are a minor, you are not permitted to use this Platform.
3 Intellectual Property Rights
  1. All the content featured or displayed in this Platform, including, but not limited to, information, data, text, graphics, photographs, images, logos, trademarks, service marks brand features, moving images, sound, illustrations, software, materials and other content provided on this Platform (hereinafter referred to as "Content"), is owned by PPM.
  2. All elements of this Platform, including, but not limited to, the general design and the Content, are protected by copyright, trade dress, moral rights, trademark and other laws relating to intellectual property rights.
  3. Unless explicitly permitted by PPM, you are prohibited to use any element or the Content of this Platform. Any unauthorized use of any element or the Content of this Platform may violate applicable laws including without limitation copyright, trademarks, privacy and publicity, and communications laws and regulations.
  4. no part of this Platform and no Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
4 User’s Account
  1. You must register by creating an account on this Platform in order to access any services, materials, data, information and functions made available on this Platform. PPM reserves the right to remove, reclaim or change a username if it determines, it its sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
  2. PPM shall assign an account by providing a unique password to you upon your registration in this Platform.
  3. You shall be solely responsible for safeguarding your account details, including, but not limited to, your username, password and all the activities which occur under your account. You shall keep such information secure at all times and treat it as strictly confidential.
  4. You shall not share, assign or allow any other person to access or use your account in this Platform for the service. You undertake to notify PPM immediately in the event that such information is revealed to or accessed by anyone else or where you become aware of a breach of confidentiality or any unauthorised use of this Platform.
  5. You warrant and undertake that all the activities which occur under your account will be deemed to have been authorized by you.
  6. PPM reserves the right, without prior notice, to:-
    1. take the necessary action to verify the data, information and details which provided and declared by you;
    2. charge a fee for the expenses and/or cost incurred by PPM in relation to the verification of your declared data, information and details;
    3. reject your registration and/or application for whatever reason;
    4. restrict your access for any services, materials, data, information and functions made available in this Platform for whatever reason; and
    5. terminate or suspend your account for whatever reason.
5 User’s Obligations and Representations You represent, warrant and undertake that you:-
  1. have the legal capacity to enter in this agreement and have obtained all necessary consent, approval, permission and authorization from any authorizing party/ies to provide the data, information and details through this Platform and to access this Platform for the services;
  2. will submit all data, information and details which are true, accurate, current, and complete;
  3. shall be responsible to maintain and update promptly the data, information and details to ensure its completeness and accuracy;
  4. shall provide the data, information, details and/or documentation promptly upon request by PPM for additional data, information, details or documentation at any time and for any reason;
  5. shall not encourage or abet or engage in any unlawful activities; and
  6. shall comply with any applicable laws and regulations of Malaysia.
6 Quotation
  1. The Quotation is valid for thirty (30) days from the date of the quotation.
  2. The rebates granted (if any) shall only be valid subject to full payment within thirty (30) days from the date of the quotation
  3. The quotation is for immediate acceptance and is subject to change by PPM without further notice.
  4. You may contact us at info@ppm.my if you are unsure about the information provided in the quotation.
7 Limitations Of Liability
  1. The Content is only provided as general information and not as professional advice (or as a substitute for such advice). It should not be relied upon to address specific business or personal requirements. PPM does not warrant or represent that this Platform or the Content meet any requirements of accuracy, availability, completeness or fitness for a particular purpose.
  2. Except to the extent expressly stated, PPM does not assume any responsibility for your use of this Platform or the Content, and all warranties, terms or conditions in respect of your use of this Platform and the Content are hereby disclaimed to the fullest extent permitted by applicable law.
  3. To the fullest extent permitted by applicable law, PPM and its directors, partners, employees, officers, affiliates, agents, licensors, contractors, servants, personal representatives and assigns shall not be liable for any losses and expenses of whatever nature, including (without limitation) any direct, indirect, special, punitive, or consequential damages, loss of use, loss of data, loss caused by a virus, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character incurred by you directly or indirectly in connection with the below, even if PPM and its directors, partners, employees, officers, affiliates, agents, licensors, contractors, servants, personal representatives and assigns have been advised of the possibility of such damages or losses, arising out of or in connection with the use of this Platform or any web site with which it is linked or the Content:-
    1. Any access, use and/or inability to use the service in this Platform;
    2. Any accurate, complete or reliance on or use of any Content made available within this Platform;
    3. Any unauthorized access by any other person to your Personal Data and documentations in this Platform;
    4. Any interruption, error-free, secure, malfunction and/or failure of hardware, system, server and/or connection of this Platform; and
    5. Any computer virus, worms, trojan virus, malicious software and/or harmful components caused by malware or hacker.
8 Indemnification You hereby indemnify to the fullest extent PPM and its subsidiaries, shareholders, directors, partners, employees, officers, affiliates, agents, servants, personal representatives, assigns and successors-at-law or similar or related business from and against any claim, demand, cause of action, losses, expenses, costs, damages or liability arising out of or in any way related to your breach of any User Terms or your use of or conduct in this Platform or the Content and related rights.
9 Waiver Any failure and/or delay by PPM in exercising its right or remedy under the Licence Agreement shall not constitute or be construed as a waiver of that right or remedy unless otherwise agreed by PPM in writing.
10 Assignment PPM shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these User Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these User Terms without the prior written consent of PPM.
11 Governing Law & Jurisdiction These User Terms will be governed by and construed in accordance with the laws of Malaysia, and you submit to the non-exclusive jurisdiction of the courts of Malaysia for the resolution of any disputes.

Privacy Policy

No.
Category
Terms & Conditions
1 Use Of Your Personal Data When Personal Data is submitted by you using this Site, you acknowledge and agree that PPM may collect, store and process such Personal Data (which may include transferring it to relevant third parties) for the following purposes:-
  1. licensing, administering and enforcing PPM Members’ Rights (and the rights of PPM’s affiliates);
  2. administering your relationship with PPM including with respect the Licence and Licence Agreement, any future agreements, matters relating to PPM Members’ Rights, general licensing matters and enquiries;
  3. pursuant to the Credit Reporting Agencies Act 2010, Central Bank of Malaysia Act 2009 and including other applicable or related regulations and legislation;
  4. purposes of PPM’s business and relating thereto including use of PPM’s and/or its affiliates’ services and activities for the advancement or promotion of the music industry; and
  5. research and analysis related to the music industry including analysis of the types of consumers for the Music Recordings, market trends, public preferences, choice or taste in music.
2 With Whom Is Your Personal Data Shared When Personal Data is submitted by you using this Site, you acknowledge and agree that PPM may share your Personal Data:-
  1. with affiliates and subcontractors and/or agents appointed in connection with the matters set out in (1)(a) to (e) above;
  2. with law enforcement bodies from time to time in relation to any intended or potential action for breach of Licence Agreement or infringement of copyright or otherwise where PPM is under a legal obligation to disclose such Information;
  3. with the owners and/or exclusive licensors of sound, music video and/or karaoke recordings who are authorizing members of PPM and other music collective organization for the purpose of establishing if further copyright licences are needed and related administration and/or enforcement activities;
  4. with third party suppliers and contractors for the purpose of providing you with products and services, including (without limitation) the Platform, the Content and any services available on the Platform; and
  5. with relevant third parties when PPM believes it reasonably necessary in order to investigate, prevent, or take action regarding illegal or improper activities, suspected fraud, potential threats to the rights, property or safety of PPM, users of this Platform, or any actual or suspected violation of the User Terms, wherever such persons and entities are located in the world.
3 Changes In Personal Data You undertake to notify PPM of any material change in your Personal Data, and PPM will amend, edit and/or revise such material change within 5 working days of receipt of your notification.
4 Personal Data Provided to You Where Personal Data relating to individuals, such as, but not limited to licence fees, is made available to you on the Platform, this is solely for the purpose of you being able to lawfully use the service provided by PPM. You must keep any such information disclosed to you confidential and not use it for any other purposes.
5 Cookies & Tracking PPM may collect information about users accessing the Platform automatically using “cookies” or other data collection or tracking technology. (NB: A “cookie” is a text file containing a string of alphanumeric numbers which is sent to the browser on a user’s personal computer to identify that user to this Platform and allowing PPM to personalise their visit and enhance a user’s navigation of the Platform). You can choose to switch-off or refuse these cookies and similar technology at any time by changing the privacy settings on your Web browser. If you choose to decline or refuse cookies, you may not be able to experience full interactivity or function of features with this Platform.
6 Security PPM has security measures in place to protect against loss, unauthorised access, misuse, alteration and improper disclosure of the Personal Data you provide via the Platform. However, no computer system or information can ever be fully protected against every possible risk and it is not possible to guarantee the security or integrity of the Personal Data you disclose online. Notwithstanding PPM’s security measures, you should be aware that when you submit Personal Data to the Platform over the Internet, the information may travel over many systems that are not under PPM’s control.
7 Your Rights With Respect To Your Personal Data You have a legal right to a copy of all the Personal Data about you held by PPM. You also have a right to correct any errors in that information. You also have a right to prevent PPM using your Personal Data for direct marketing purposes.
8 Contact Us You may contact us at info@ppm.my, via live chat or call us at +603-6207 2800/2888 If you have any requests concerning your personal information or any queries with regard to this Privacy Policy.