Introduction

By using ThyBiz Network and the thymedia.net website (Service), a service of ThyMedia (“ThyBiz” or ThyMedia or “we” or “us” or “our”), you are agreeing to be bound to the following terms and conditions (Terms and Conditions).

ThyBiz Network reserves the right to update and change these Terms and Conditions at its discretion without notice. Any new features in excess to the current Service shall be subject to these Terms and Conditions.

Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms and Conditions at any time at: thymedia.net/terms-and-conditions. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service. Violation of any of the terms below may result in immediate termination of your Service account. Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. You warrant that you are at least 18-years-old and you are legally capable of entering into binding contracts. If you are under 18-years-old, you warrant that you have obtained consent from your parent or guardian and they agree to be bound by these Terms on your behalf.

Account Terms

Accounts registered by automated methods are not permitted and will be deleted immediately without notice. Multiple accounts creation is not permitted unless it is part of subscription. You must provide your legal full name, a valid email address, and any other pertinent information requested in order to complete the sign-up process. You are responsible for maintaining the security of your account and password. We cannot and will not be liable for any loss of information or security breaches that result from your failure to comply with this security obligation. You are hereby considered fully responsible for all content posted and any and all activity that occurs under 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 authorization, or a name that is otherwise offensive, vulgar or obscene. You may not use the Service for any illegal activities. You must not, in your use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). Should you engage in any illegal activities through the Service, you agree to hold us blameless and not liable for any damages or crimes that may occur as a result. You will also have your account immediately shut down, and all data therein deleted. You may not use the Service to sell or distribute offensive or illegal content (goods, software, products or material). You agree we holds the right to determine what is considered "offensive" as pertaining to this agreement. Offensive and illegal content includes: things that are sexually-oriented or pornographic, drugs, gambling, things that promote hate or violence towards others. You will have your account immediately shut down, and all data there-in deleted should you sell or distribute illegal or offensive content.

You must provide a valid payment method and accurate billing information when you join us. In doing so, you authorised us to charge all fees to such payment method. If automatic billing fails, we will issue you an invoice, which you must pay within the time specified. ThyBiz transaction fees - We may charge a percentage of all transactions made on your profile. These transaction fees will differ depending on your plan and will be set out on our pricing page. You agree that if we charge transaction fees, they will be deducted from the proceeds of your transaction prior to receipt. You’re responsible for paying any external fees and taxes (including withholding taxes) if they apply, and income taxes, associated with payments you receive through the Platform. Processing fees - you understand that the Service uses third-party payment processors (including ToyyibPay, Stripe, PayPal) to power your transactions. These services are subject to a processing fee. Each payment processor charges its own specific processing fees in accordance with its terms and conditions. You are responsible for reviewing, accepting and complying these terms and conditions. You agree that processing fees will be deducted from the proceeds of your transaction prior to receipt and that we're not responsible for these fees. Additionally, service supports Google's initiative to enable a free and open web. Thus, we will have your account immediately shut down, and all data there-in deleted should you breach any of the below violations.

Content

Our Digital Service allows you to create, post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness. By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms. You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. Further, you warrant that: (i) the Content will not cause you or us to breach any law, regulation, rule, code or other legal obligation; (ii) the Content will not or could not be reasonably considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy; (iii) the Content will not be unsolicited, undisclosed or unauthorised advertising; (iv) the Content does not contain software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware or telecommunications equipment; and (v): the Content does not bring us or the Service into disrepute. You agree to keep all records necessary to establish that your Content does not violate any of the requirements of this clause and make such records available upon our reasonable request. We are under no obligation to regularly monitor the accuracy or reliability of your Content incorporated into the Service. We reserve the right to modify or remove any Content at any time. You acknowledge and agree that all Content you provide on the Service will be publicly available information and you bear the risks involved with such public disclosures.

Responsibilities

You are solely responsible for the content, goods, or services you offer, including ensuring their alignment with applicable laws and regulations. Using our services for illegal purposes is strictly prohibited. Examples of such prohibited activities, while not exhaustive, include:

Illegal & derogatory content violation

Service does not allow content that is illegal, promotes illegal activity or infringes on the legal rights of others. Intellectual property violation which service does not allow content that infringes copyright; sells or promotes the sale of counterfeit products; counterfeit goods contain a trademark or logo that is identical to or substantially indistinguishable from the trademark of another; they mimic the brand features of the product in an attempt to pass themselves off as a genuine product of the brand owner.

Our service does not allow content that incites hatred against, promotes discrimination of or disparages an individual or group on the basis of their race or ethnic origin, religion, disability, age, nationality, veteran status, sexual orientation, gender, gender identity or other characteristic that is associated with systemic discrimination or marginalization. Service does not allow content that harasses, intimidates or bullies an individual or group of individuals. Service does not allow content that threatens or advocates physical or mental harm to oneself or others. Service does not allow content that relates to a current, major health crisis and contradicts authoritative, scientific consensus. Service does not allow content that exploits others through extortion.

Child sexual abuse and exploitation violation

Our service does not allow content that includes graphic sexual text, image, audio, video or games; contains non-consensual sexual themes, whether simulated or real. Service does not allow content that: may be interpreted as promoting a sexual act in exchange for compensation. Moreover, our service does not allow content that sexually exploits or abuses children, or content that promotes the sexual exploitation or abuse of children; endangers children.

Our service does not allow content that misrepresents, misstates or conceals information about you, your content or the primary purpose of your web destination. Our service does not allow content that entices users to engage with content under false or unclear pretences; engages in 'phishing' for users’ information; promotes content, products or services using false, dishonest or deceptive claims; makes claims that are demonstrably false and could significantly undermine participation or trust in an electoral or democratic process; falsely implies having an affiliation with, or endorsement by, another individual, organization, product or service; deceives users through manipulated media related to politics, social issues or matters of public concern. Plus, our service does not allow content that contains malicious software or 'malware' that may harm or gain unauthorized access to a computer, device or network.

General Conditions, Cloud Subscriptions, Refunds & Fee Changes

𝗚𝗲𝗻𝗲𝗿𝗮𝗹 𝗖𝗼𝗻𝗱𝗶𝘁𝗶𝗼𝗻𝘀 - Your use of the Service is at your own risk. The service is provided on an "as-is" and "as-available" basis Technical support is available to account holders and is available via email (support@thymedia.net). ThyBiz Network its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements. You acknowledge and understand that we uses third party vendors to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.

You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any our employee, member, or officer will result in immediate account termination and potential criminal charges. ThyBiz Network does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, or error-free, (iii) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations.

You expressly understand and agree that ThyBiz Network shall not be liable for any payments and monetary transactions that occur through your use of the Service. You expressly understand and agree that all payments and monetary transactions are handled by the third-party payment processors the Service uses (including Stripe, PayPal). You agree ThyBiz Network shall not be liable for any issues regarding financial and monetary transactions between you and any other party. The failure of ThyBiz Network to aggressively enforce any right or provision of the Terms of Service shall not be construed as a waiver of such right or provision. The Terms of Service outlines the entire agreement between you and ThyBiz Network and supersedes any prior agreements between you and ThyBiz Network including prior iterations of the Terms and Conditions. Part or all of any provision of this agreement that is illegal or unenforceable may be severed from this agreement and the remaining provisions of this agreement will continue in force.

Cloud Subscriptions

Some parts of the Service are billed on a subscription basis ("Cloud Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Cloud Subscription.

At the end of each Billing Cycle, your Cloud Subscription will automatically renew under the exact same conditions unless you cancel it or we cancels it. You may cancel your Cloud Subscription renewal either through your subscription plan page or by contacting our customer support team.

A valid payment method, including credit card, is required to process the payment for your Cloud Subscription. You shall provide ThyBiz Network with accurate and complete billing information including full name, address, state, zip code, and a valid payment method information. By submitting such payment information, you automatically authorize ThyBiz Network to charge all Cloud Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, ThyBiz Network will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

Refunds & Fee Changes

𝗥𝗲𝗳𝘂𝗻𝗱𝘀 - Except when required by law, paid Cloud Subscription fees are non-refundable. Except when required by law, one-time paid fees are non-refundable.

𝗙𝗲𝗲 𝗖𝗵𝗮𝗻𝗴𝗲𝘀 - ThyBiz Network, in its sole discretion and at any time, may modify the Subscription fees for the Cloud Subscriptions. Any Cloud Subscription fee change will become effective at the end of the then-current Billing Cycle. ThyBiz Network will provide you with a reasonable prior notice of any change in Cloud Subscription fees to give you an opportunity to terminate your Cloud Subscription before such change becomes effective. Your continued use of the Service after the Cloud Subscription fee change comes into effect constitutes your agreement to pay the modified Cloud Subscription fee amount. Fee guide is located here: https://thymedia.net/#pricing. If you do not agree to the fee change you must cancel your account in order to avoid future charges. If you use the Services after a fee increase you will be deemed to have accepted the fee change. ThyBiz Network shall not be liable to you or to any third party for any modification, fee change, suspension or discontinuance of the service. ThyBiz Network, in its sole discretion and at any time, may modify the one-time payment fees for the Services. Any one-time payment fee change will become effective immediately after the change.

Intellectual Property

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of ThyBiz Network and its licensors. The Service is protected by copyright, trademark, and other laws of both Malaysia and foreign countries. You may not duplicate, copy, or reuse any portion of the code (HTML/CSS/JavaScript) or visual design elements. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of ThyBiz Network. Nothing in these Terms constitutes a transfer of any Intellectual Property rights from us to you. You are permitted to use the Service only as authorised by us. As a user, you are granted a limited, non-exclusive, revocable, non-transferable right to use the Service to create, display, use, play, and download Content subject to these Terms. Our Intellectual Property must not be used in connection with a product or service that is not affiliated with us or in any way brings us in disrepute. You must not modify the physical or digital copies of any Content you print off or download in any way, and you must not use any illustrations, photographs, video or audio, or any graphics separately from any accompanying text. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by any other users are those of the respective authors or distributors and not of us.

Cancellation and Termination

It is your responsibility to ensure that your account has been properly cancelled. An email requesting an account to be cancelled is not considered a cancellation. All of your Content will be immediately removed from the Service should you initiate cancellation. This information cannot be recovered once your account is cancelled. Your cancellation will be effective immediately once initiated. You will not be charged again from that point forward. We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. ThyBiz Network, in its sole discretion, reserves the right to refuse service to anyone for any reason at any time. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith. If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Service or by sending a communication to any address (email or otherwise) that we have for you in our records.

Modifications to the Service

ThyBiz Network reserves the right at any time, with or without notice, to modify or discontinue the Service, temporarily or permanently. It is your sole responsibility to periodically check these Terms for any changes. If you do not agree with any of the changes to these Terms, it is your sole responsibility to stop using the Service. Your continued use of the Service will be deemed as your acceptance thereof.

Limitation of Liability & Indemnification

𝗟𝗶𝗺𝗶𝘁𝗮𝘁𝗶𝗼𝗻 𝗼𝗳 𝗟𝗶𝗮𝗯𝗶𝗹𝗶𝘁𝘆 - To the fullest extent permitted by law, ThyBiz Network excludes all terms, conditions, warranties, and guarantees which might be implied into these terms and conditions. ThyBiz Network’s liability to you in respect of any claim made by you arising out of or in connection to the Service is limited, at the option of ThyBiz Network, to the provision of the Service again or paying to provide the Service again. You expressly understand and agree that ThyBiz Network shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service. You have sole responsibility for adequate security protection and backup of data and/or equipment used in connection with your usage of the Service and will not make a claim against for lost data, re-run time, inaccurate instruction, work delays or lost profits resulting from the use of the Service. You must not assign or otherwise dispose of your account to any other person. Without limiting the foregoing, in no event will our aggregate liability to you exceed, in total, the amounts paid by you to us.

𝗜𝗻𝗱𝗲𝗺𝗻𝗶𝗳𝗶𝗰𝗮𝘁𝗶𝗼𝗻 - As a condition of your access to and use of the Service, you agree to indemnify us and our successors and assigns for all damages, costs, expenses and other liabilities, including but not limited to legal fees and expenses, relating to any claim arising out of or related to your access to and use of the Service or your breach of these Terms and any applicable law or the rights of another person or party. This indemnification section survives the expiration of your registration, and applies to claims arising both before and after the registration ends.

Customer Data & Other Rights

𝗖𝘂𝘀𝘁𝗼𝗺𝗲𝗿 𝗗𝗮𝘁𝗮 - The Customer owns the rights to its data as data controller, and the service acts as data processor on the Customer's behalf. All processing by the service of the personal data and other data provided by the Customer shall be in accordance with the applicable laws. The service's processing of personal data on behalf of the Customer shall therefore only be done in order to provide the Product and shall be subject to the Customer's written instructions.

The Customer is obligated to keep user logins and passwords to the Product secret from any unauthorized users or third parties. The Customer is obligated to ensure that the personal data provided by the Customer and used in the Product is processed by the Customer in accordance with all applicable laws. The Customer is obligated to ensure that the Customer's data provided in the Product, including personal data, do not violate any third party intellectual property rights and/or any applicable legislation. The service is entitled to delete any data that in the sole discretion of the service constitutes a breach of the aforesaid undertaking by the Customer, and the Customer will not be entitled to any compensation in that respect.

𝗢𝘁𝗵𝗲𝗿 𝗥𝗶𝗴𝗵𝘁𝘀 - Whenever made possible, you can update or request deletion of your personal information. If you are unable to perform these actions yourself, please contact us for assistance using the contact details at the bottom of this Privacy Policy.

𝗖𝗼𝗻𝘁𝗮𝗰𝘁 𝗶𝗻𝗳𝗼𝗿𝗺𝗮𝘁𝗶𝗼𝗻 - Please contact us with any questions or comments about this Policy, your personal data, our use and disclosure practices by email. Alternatively, please use this page for more information: https://thymedia.net/contact-us.