We are offering you (“User”) this Frog Launchpad Application (“App”) to use for your own personal use only, and you should be aware that you cannot send it on to anyone else. You’re not allowed to copy, or modify the App, any part of the App, or our trademarks in any way. You’re not allowed to attempt to extract the source code of the App, and you also shouldn’t try to translate the App into other languages, or make derivative versions.
The App stores and processes personal data that you have provided to us so that you can view and complete assignments. It’s your responsibility to keep your phone and access to the App secure. We therefore recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone’s security features and it could mean that the App won’t work properly or at all.
You should be aware that there are certain things that FrogAsia will not take responsibility for. Certain functions of the App, such as the ability to download and store your YES IDs offline, viewing and completing assignments functions will all require the App to have an active internet connection. The connection can be Wi-Fi, or provided by your mobile network provider, but FrogAsia cannot take responsibility for the App not working at full functionality if you don’t have access to an active internet connection, and/or you don’t have any of your data allowance left.
If you’re using the App outside of an area with Wi-Fi, you should remember that your terms of agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the App, or other third party charges. In using the App, you’re accepting responsibility for any such charges, including roaming data charges if you use the App outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you’re using the App, please be aware that we assume that you have received permission from the bill payer for using the App.
We reserve the right to make changes to the App or to charge for its services, at any time and for any reason. The requirements for the system (and for any additional systems we decide to extend the availability of the App to) may change, and you’ll need to download the updates if you want to keep using the App. FrogAsia does not promise that it will always update the App so that it is relevant to you and/or works with the Android version that you have installed on your device. However, you promise to always accept updates to the App when offered to you, We may also wish to stop providing the App, and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the App, and (if needed) delete it from your device.
1. Authorization for Access and Use –
2. Acceptable Use– The use of the App and your User’s account must be consistent with the educational objectives of your School and for your educational non-commercial use. Transmission of any material in violation of any national or state regulation is prohibited. This includes, but is not limited to: copyrighted material, threatening or obscene material, or material protected by trade secret.
3. Privileges– The use of the App is a privilege, not a right, and inappropriate use will result in a cancellation of those privileges. Our App administrators are entitled to determine what constitutes inappropriate use and their decision will be final. Also, our App administrators may close a User’s account at any time as required. Please note that sharing of Users’ accounts is prohibited to ensure the privacy and identity of the account owner.
4. Usage Etiquette– You are expected to abide by the general accepted rules of usage etiquette. These include (but are not limited to) the following:
5. Intellectual Property Rights– The App Content are protected by copyright, trademark, and other laws in Malaysia and international intellectual property laws. Except as expressly provided in our AUA, we and/or our licensors exclusively own all rights, title and interest in and to the App, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the App. We claim no ownership interest in any third party services/ content and expressly disclaim any liability concerning such services/ content. Subject at all times to Clauses 6 and 7 below, appropriate acknowledgement of the copyright owner is required if the App’s content, third party services or contribution are re-published by you in any permitted format for private, educational non-commercial purposes and no endorsement should be implied by it use. You must ensure that others to whom you provide such materials in accordance with the above are made aware of these restrictions. You will not use the App to offer, display, distribute, transmit, route, provide connections to or store any material that infringes copyrighted works other otherwise violates or promotes the violation of intellectual property rights of any third party. We shall have the right and sole discretion to terminate in any circumstances the User’s account and access to the App, Users who infringe or are believed or alleged to be or charged with infringing the rights of copyright holders.
6. Third Party Services, Links and Restrictions –
7. Uploading/posting on the App– If you share, upload and/or post any material (including, any text, computer script, code, photographs, graphics, video or audio or web links to the same) (“Contribution“) on the App or any other public forum or channel on the App, you agree to grant to FrogAsia a worldwide, exclusive, royalty free license, with the right to sublicense, to use, copy, adapt, modify, distribute, publicly display and perform, transmit, stream, communicate to the public and otherwise use and exploit the Contribution and your profile on the App. Your Contribution may be seen, shared amongst and accessible by other Users. If the Contribution includes another person, you must ensure that the other person has consented to be in your Contribution and to putting your Contribution on the App. You warrant to us that your Contribution does not breach copyright or any other intellectual property rights and that you have not included or copied another person’s material without their consent or license, and you indemnify us against any loss they may suffer as a result of a claim that the Contribution contains any third party’s intellectual property rights. If you have used another person’s material, you undertake to ensure that the original creator has given you permission in advance to use it and to have it published by us on the App, without any payment, and that the original creator has waived any moral rights they may have in the Contributions. We have no obligation to monitor your access or use of the App or to review or edit any Contributions but we have the right to do so for the purposes of operating the App to ensure your compliance with this AUA or to comply with the applicable law, regulations including any requirement from all relevant authorities.
8. Disclaimer of Warranties– FrogAsia make no warranties of any kind, whether expressed or implied, for the Services they are providing in connection with this AUA or from the use of or inability to use the App. FrogAsia will be responsible for any damages of any kind or nature you suffer. This includes loss of profits, loss of data resulting from delays, non deliveries, mis-deliveries, or service interruptions, device damage or system failure caused by its own negligence or your errors or omissions. Access and use of the App (including any Third Party Services and Contribution) and/or internet is at your own risk. FrogAsia specifically deny any responsibility for the accuracy or quality of information obtained through their services or that the App will meet your requirements or be available all the time or at any specified time on an uninterrupted, secure or error-free basis.
9. Security– Security on any computer system is a high priority, especially when the system involves many Users. If you feel you can identify a security problem on the App, you must notify your School head teacher or IT administrator immediately. Do not demonstrate the problem to other users. Do not use another individual’s account without written permission from that individual. Attempts to log on to the App as a system administrator will result in cancellation of user privileges. Any user identified as a security risk or having a history of problems with other computer systems may be denied access to the App. The App administrators have the right to investigate and prosecute violations of any of the terms in the AUA, including intellectual property rights infringement and App’s security issues. We may involve and cooperate with our affiliates, law and regulatory enforcement authorities in prosecuting Users who violate this AUA and/or any other App’s specific terms and conditions or the rights of any third party.
10. Privacy Policy– FrogAsia, are committed to safeguarding your personal data online. Our use of personally identifiable information is governed by our Personal Data Protection Policy.
11. Contact– For general enquiries, feedback and notifications, you can email us at enquiry@frogasia.com and for support enquiries, you can contact your school IT administrator.
12. Data Charges– By accessing the App, you agree and understand that data charges are applicable to you when you (i) access the App (including accessing the Third Party Services) outside of your school via a third party internet service provider network; and (ii) access the Third Party Services made available on or through the App whether in your school or outside of your school via use of our Yes 4G network.
13. Amendments– FrogAsia reserve the right, in its sole discretion, modify, suspend, discontinue or terminate all or any part of the App at any time without prior notice to you or to amend this AUA from time to time. if FrogAsia changes this AUA, an updated version of this AUA will reflect those changes and we will notify you of such changes by updating the effective date at the bottom of this AUA.
14. Law– This Acceptable Use Agreement and your relationship with FrogAsia under this AUA shall be governed by the laws of Malaysia. You agree to submit to the exclusive jurisdiction of the courts of Malaysia to resolve any legal matter arising from this AUA. Notwithstanding this, you agree that FrogAsia shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
15. Effective Date– The Effective Date of this AUA is 30 June 2016.
16. For purposes of this AUA, the following capitalized words shall have the meaning as ascribed to them:
“FrogAsia” means FrogAsia Sdn. Bhd. (968641-K), a private limited company incorporated in accordance with laws of Malaysia and having a business address at Unit 9, Level 2, D6 at Sentul East 801, Jalan Sentul 51000 Kuala Lumpur, Malaysia.
“App Content” mean FrogAsia and YTL’s proprietary and/or licensed content, including but not limited to, FrogAsia and YTL’s trademarks and logos, text, graphics, icons, images, software and source code and the arrangement and compilation of such content and any databases made available through the App (excluding Third Party Services and Contribution).
“User” means all authorized users of the App who have been issued the 1Bestarinet Yes IDs and password under the 1Bestarinet program who is permitted to access to the App.
“YTL” means YTL Communications Sdn. Bhd. (793634-V), a private limited company incorporated in accordance with laws of Malaysia and a licensee under the Communications and Multimedia Act 1998 with its business address at Level 19, One Oriental Place, No. 1 Jalan Hang Lekiu, 59100 Kuala Lumpur, Malaysia.
I understand and will abide by the above FrogAsia Launchpad App Terms of the Acceptable Use Agreement and have the right, authority and capacity to enter into this Agreement which shall govern my access and my child/children’s access to and use of the App and set forth the legally binding terms for my use and my child/children’s use. I further understand that any violation of the terms above may constitute a criminal offense. Should I and/or my child/children commit any violation, my and/or my child/children’s access privileges may be revoked, appropriate disciplinary action may be taken, and/or appropriate legal action.
I agree to and accept the terms of the Acceptable Use Agreement by either (1) clicking to agree or accept where these options are presented to me, or (2) actually using the Frog Channels or Internet service.
1. THIS POLICY & YOU
2. DEFINITIONS
“Act” means the Personal Data Protection Act 2010.
“Data Subject” means an individual who is the subject of the Personal Data, and shall include any child or dependent under your care, custody control and/or guardianship.
“Data User” means a person who either alone or jointly or in common with other persons processes any Personal Data or has control over or authorizes the processing if any Personal Data, but does not include a data processor as defined in the Act.
“FrogAsia” means FrogAsia Sdn Bhd (968641-K), a private limited company incorporated in accordance with laws of Malaysia and the licensor of the Frog Launchpad Application.
“Personal Data” means any information in respect of commercial transactions, which (a) is being processed wholly or partly by means of equipment operating automatically in response to instructions given for that purpose; (b) is recorded with the intention that it should wholly or partly be processed by means of such equipment; or (c) is recorded as part of a relevant filing system or with the intention that it should form part of a relevant filing system, that relates directly or indirectly to a Data Subject, who is identified or identifiable from that information or from that and other information in the possession of a Data User, including any sensitive personal data and expression of opinion about the Data Subject; but does not include any information that is processed for the purpose of a credit reporting business carried on by a credit reporting agency under the Credit Reporting Agencies Act 2009.
“Policy” means this Personal Data Protection policy and any other amendments, supplements and/or additions as may be added from time to time to it.
“Processing” in relation to Personal Data, means collecting, recording, holding or storing the Personal Data or carrying out any operation or set of operations on the Personal Data, including (a) the organization, adaptation or alteration of Personal Data; (b) the retrieval, consultation or use of Personal Data; (c) the disclosure of Personal Data by transmission, transfer, dissemination or otherwise making available; or (d) the alignment, combination, correction, erasure or destruction of Personal Data.
“Services” means collectively the products and services offered by FrogAsia and/or other companies within the YTL Group, as applicable, on and through the Frog Channels.
“YTL Group” means YTL Corporation Berhad (92647-H) and its related companies and affiliates.
3. WHAT PERSONAL DATA WE COLLECT
4. PURPOSE OF COLLECTING PERSONAL DATA
1. You agree that all Personal Data collected and/or gathered by FrogAsia and/or other companies within the YTL Group, as applicable, shall be for the express purposes listed below (“Purposes”):
i. For verification and authentication of identity of any individual wishing to use, subscribe or purchase the Services;
ii. For purposes of providing and/or improving the Services;
iii. For purposes of conducting credit reference checks including establishing the existence of any breaches, indebtedness, defaults that a potential customer of FrogAsia and/or the Services may have with third parties;
iv. For purposes of ascertaining other eligibility factors of a potential customer of FrogAsia and/or the Services, including any contests, promotion campaigns etc. that FrogAsia and/or other companies within the YTL Group, as applicable, may from time to time announce;
v. For purposes of FrogAsia’s internal records, filing and operations, where such processing of Personal Data is required to ensure the smooth and optimum management and administration of the Services;
vi. For disclosure of Personal Data to third parties as set out in 7 below.
2. All Personal Data collected and/or gathered by FrogAsia and/or other companies within the YTL Group, as applicable, shall be for the purposes listed in 4.1 above and/or limited to instances where such Personal Data is required for the performance of or entry into contractual relations or in compliance with any legal obligations. FrogAsia will not sell, distribute or share your Personal Data to third parties unless you have given us your permission to do so or such disclosure is required by law.
3. FrogAsia may use your Personal Data to send you marketing information which may be of interest to you. If you do not wish to receive any such marketing information, you may put your request in writing to FrogAsia in accordance with 5.3 below.
5. CONSENT & RIGHT TO WITHDRAW CONSENT
6. RIGHT TO ACCESS & CORRECT
7. DISCLOSURE TO THIRD PARTIES
8. SECURITY, STORAGE & DURATION OF DATA RETENTION
9. EXCEPTIONS & EXCLUSION OF LIABILITY
i. Where there is an insufficiency of information provided by you or any party making a request to enable FrogAsia to positively locate or identify the Personal Data in question;
ii. Where there is reasonable doubt surrounding your identity or the identity of the person making the request or where FrogAsia feels that you or the requesting party is not in fact the owner or the subject of the Personal Data in question and is not lawfully entitled to make any requests in relation to the Personal Data;
iii. Where permitting access or correction would be tantamount to a violation of an order of Court;
iv. In requests for access or for correction (excluding instances of withdrawal of consent):
v. In the area of Personal Data protection, FrogAsia shall not be liable for any purported violation, breach or non-compliance with any precepts of privacy or the protection of Personal Data in the following instances:
1. Where an act of nature or event outside the control of FrogAsia results in the damage or malfunction or destruction in any equipment or machinery used to secure, store or process Personal Data;
2. Where Personal Data is readily available or able to be found in the public domain; and
3. Where despite FrogAsia’s best efforts, there is unauthorised access, modification, alteration, misuse, tampering or abuse of Personal Data caused by the malicious or fraudulent or criminal acts or conduct of a third party not being under the control or direction of FrogAsia.
10. NOTICES AND COMMUNICATIONS
PDPA Compliance Officer
Unit 9, Level 2, D6 at Sentul East
801, Jalan Sentul, 51000 Kuala Lumpur
Malaysia
Email: enquiry@frogasia.com
Ends.