Terms & Conditions

Loud Speaker Website & Mobile Application Terms of Use 
Last Revised: 28th Nov 2016 

PLEASE READ THESE TERMS OF USE CAREFULLY.

USE OF THIS LOUD SPEAKER MOBILE APPLICATION (THIS “APPLICATION”), ACCESSING, PARTICIPATING, USING THIS WEBSITE AND THE SITES, CONSTITUTES ACCEPTANCE OF THESE TERMS OF USE (“TERMS”), AS SUCH MAY BE REVISED BY LOUD SPEAKER FROM TIME TO TIME, AND IS A BINDING AGREEMENT BETWEEN THE USER (“USER”) AND OTTOTREE ENTERTAINMENT SDN. BHD. ("LOUD SPEAKER") GOVERNING THE USE OF THIS APPLICATION, ACCESSING, PARTICIPATING, USING THIS WEBSITE AND THE SITES.

BY DOWNLOADING OR INSTALLING THIS APPLICATION, ACCESSING, PARTICIPATING, USING THIS WEBSITE AND THE SITES USER ACKNOWLEDGES AND AGREES TO BE BOUND BY THESE TERMS. IF USER DOES NOT AGREE TO THESE TERMS USER SHOULD UNINSTALL THIS APPLICATION IMMEDIATELY AND DO NOT USE THIS WEBSITE.   

These Terms of Use apply to your access to, and use of, all or part of any website or mobile application of Ottotree Entertainment Sdn. Bhd. (“Loud Speaker”), an authorized licensee of Loud Speaker and its affiliates, including www.loudspeaker.my and any other site, mobile application or online service or online community where these Terms of Use are posted or incorporated by reference (collectively, the “Sites”).

These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with Loud Speaker for products, services or otherwise.
If you are using the Sites on behalf of any entity, you represent and warrant that you are authorized to accept these Terms of Use on such entity's behalf, and that such entity agrees to indemnify you and Loud Speaker for violations of these Terms of Use.

This agreement contains disclaimers and other provisions that limit our liability to you. 

In the event there is any conflict or inconsistency between these Terms of Use and any other terms of use that appear on the Sites, these Terms of Use will govern.

However, if you navigate away from the Sites to a third party site, you may be subject to alternative terms and conditions of use, as may be specified on such site.
In such event, the terms and conditions of use applicable to that site will govern your use of that site. 

While we make reasonable efforts to provide accurate and timely information about Loud Speaker, Ottotree Entertainment and its affiliates on the Sites, you should not assume that the information is always up to date or that the Sites contain all the relevant information available about Loud Speaker, Ottotree Entertainment and its affiliates. 

Loud Speaker reserves the right to change or modify these Terms of Use or any policy or guideline of the Sites, at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions to the Sites, and you waive any right you may have to receive specific notice of such changes or modifications.

Your continued use of the Sites will confirm your acceptance of such changes or modifications; therefore, you should frequently review these Terms of Use and applicable policies to understand the terms and conditions that apply to your use of our Sites. If you do not agree to the amended terms, you must stop using the Sites.       

Eligibility 
The Application may only be used by individuals aged eighteen (18) years or older. If the User is thirteen (13) years or older but under the age of eighteen (18) years, User should review these Terms with User’s parent or guardian to make sure the User and User’s parent or guardian understand them.   

Apple and Google Terms and Conditions; Loud Speaker Policies 
These Terms supplement and incorporate (a) in case the Application is distributed through Apple, Inc.’s (“Apple”) system, Apple’s Terms and Conditions (located at www.apple.com/legal/itunes/us/terms.html#service) including, without limitation, the Licensed Application End User License Agreement provided therein (“Apple Terms”); (b) in case the Application is distributed through Google Inc’s (“Google”) system, Google Play Terms of Service (located at http://play.google.com/about/play-terms.html) (“Google Terms”) and (c) other Loud Speaker policies (“Loud Speaker Policies”), including the terms of use for the Loud Speaker Website and the Big Mouth Card, posted at www.loudspeaker.my (“Loud Speaker Website”).

If any of the provisions of the Apple Terms, Google Terms or any applicable Loud Speaker Policies conflict with these Terms, these Terms will control, solely to the extent such terms apply to the Application.   

User License 
Subject to these Terms, Loud Speaker grants the User a personal, non-exclusive, non-transferable, limited and revocable license to use the Application for personal and/or non-commercial use only on an Apple iPhone, iPad or iPod Touch or an Android device (each a “Device”) owned or controlled by User as permitted by the Apple Terms or the Google Terms and in accordance with these Terms (“User License”).

Any use of the Application in any other manner, including, without limitation, resale, transfer, modification or distribution of the Application or text, pictures, music, barcodes, video, data, hyperlinks, displays and other content associated with the Application (“Content”) is prohibited.

This Agreement and User License also governs any updates to, or supplements or replacements for, this Application unless separate terms accompany such updates, supplements or replacements, in which case the separate terms will apply.   

Privacy 
Please read the Privacy Policy carefully to understand how Loud Speaker collect use and disclose personally identifiable information from users of the Sites.  

Site Disclaimer 
The materials and information on the Sites may include technical inaccuracies or typographical errors.

The materials, information and services on the Sites are provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by applicable law, Loud Speaker disclaims all warranties and conditions, express or implied, including, without limitation, implied warranties or conditions of merchantability, satisfactory quality, fitness for a particular purpose or need, accuracy, title and non-infringement as to the Sites and the information, content and materials contained therein, or that the use of the Sites is on an uninterrupted basis or is in compliance with laws applicable to users, or that information about users transmitted in connection with the Sites will be successfully, accurately or securely transmitted.   

Online Payment 
Users who download the Application to a Device may also elect to participate in certain functionality of the Application which will allow the User to use a Device to load value to or make payment by a Loud Speaker stored value card (“Big Mouth Card”) or to transfer any or all of the outstanding balance from one Big Mouth Card to another Big Mouth Card in accordance with these Terms and the Loud Speaker Policies including the Big Mouth Card Terms and Conditions (located at www.loudspeaker.my) or which will allow the User to use a Device to make payment by credit card in accordance with these Terms and the Loud Speaker Policies (“Online Payment”).

Rules and Regulations
Loud Speaker reserves the right at any time to discontinue any or all of the functions of Online Payment.  

Non-Refundable of cash or transfer payment after confirmed for the online payment has been made by users.

User Information 
Some functionality of the Application, including Online Payment, purchase of electronic Big Mouth Card and location based services and functionality, may require the transmission of information provided by the User including but not limited to user names and passwords, addresses, e-mail addresses, identity card number, passport numbers, financial information (such as credit card numbers), the International Mobile Equipment Identity number accessed in the User’s Device, phone-book information, information related to a Big Mouth Card or GPS location (“User Information”).

If the User uses such Application functionality, the User voluntarily discloses and consents to the transmission of User Information to Loud Speaker, its agents and/or service providers and authorizes Loud Speaker, its agents and/or service providers to collect, record, process and store such User Information as necessary for the Application functionality and for purposes described in the Loud Speaker Privacy Policy (located at www.loudspeaker.my ).

The User is solely responsible for maintenance of the confidentiality and security of any User Information transmitted from or stored on a Device for purposes of the Application, including Online Payment, for all transactions and other activities undertaken with any Big Mouth Card registered in the User’s name or in relation to purchase of electronic Big Mouth Card, whether authorized or unauthorized.

The User agrees to immediately notify Loud Speaker of any unauthorized transactions associated with the Application including Online Payment or any other breach of security.

Loud Speaker shall not be responsible for any losses arising out of the loss or theft of User Information transmitted from or stored on a Device or from unauthorized or fraudulent transactions associated with the Application.   

Acceptable Use 
Use by the User of the Application and any Content and User Information transmitted in connection with the Application is limited to the contemplated functionality.

The User agrees that his or her use of the Application and any Content must comply with these Terms and the Loud Speaker Policies. In no event may the Application be used in a manner that (a) harasses, abuses, stalks, threatens, defames or otherwise infringe or violate the rights of any other party (including but not limited to rights of publicity or other proprietary rights); (b) is unlawful, fraudulent or deceptive; (c) uses technology or other means to access the Application, Loud Speaker Website or Content that is not authorized by Loud Speaker; (d) use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," to access the Application, Loud Speaker Website or Content; (e) attempts to introduce viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (f) attempts to gain unauthorized access to Loud Speaker computer network or user accounts; (g) encourages conduct that would constitute a criminal offense, or that gives rise to civil liability; (h) violates these Terms; (i) attempts to damage, disable, overburden, or impair Loud Speaker servers or networks; or (j) fails to comply with applicable third party terms (collectively “Acceptable Use”).

Loud Speaker reserves the right, in its sole discretion, to terminate any User License, terminate any User’s participation in Online Payment, remove Content or assert legal action with respect to Content or use of the Application, including Online Payment, that Loud Speaker reasonably believes is or might be in violation of these terms of Acceptable Use or Loud Speaker Policies including the Big Mouth Card Terms and Conditions, but Loud Speaker failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms.   

Restrictions on Use 
The Sites may include interactive areas in which you or other registered users may create, post, send or store messages, materials, data, information, text, music, sound, photos, video, graphics, applications, tags, code, links or other items or materials on the Sites ("User Content").

By using the Sites, you agree not to post, upload, transmit, distribute, store, create or otherwise publish through the Sites any of the following: 

a. Unless specifically requested by Loud Speaker, any “sensitive” personally identifiable information about yourself or another person (including, but not limited to, information that relates to health or medical conditions, personal identification numbers, social security numbers, credit cards, bank accounts or other financial information, other information concerning trade union membership, sex life, political opinions, criminal charges or convictions, religious beliefs, racial or ethnic origin, or other sensitive matters);

b. User Content that is unlawful, libellous, defamatory, obscene, pornographic, indecent, lewd, sexually explicit, suggestive, harassing, threatening, violent, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, otherwise objectionable or which threatens our relationships with our employees, partners, customers or suppliers; 

c. User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and/or publish such User Content; d. User Content that impersonates any person or entity or otherwise misrepresents your identity or affiliation with another person or entity; 

e. Spam, direct marketing communications or any unsolicited advertising, promotional materials or other forms of solicitation or commercial content;

f. User Content that constitutes, encourages or provides instructions for a criminal offense, incites hatred of any nature, violates the rights of any party, or that creates liability or violates any applicable local, state, national or international law; 

g. Viruses, spyware, Trojan horses, Easter eggs or any other harmful, disruptive or destructive files; and 

h. User Content that, in the sole judgment of Loud Speaker, is objectionable, restricts or inhibits any other person from using or enjoying the Sites or which damages the image or rights of Loud Speaker, other users or third parties or intended to discredit Loud Speaker. 

Loud Speaker does not control, take responsibility for or assume liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, or for legal consequences, nor is Loud Speaker liable for any user conduct or any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter.

The interactive areas are generally designed as open and public community areas for connecting and sharing with other people. When you participate in these areas, you understand that certain information and the contents that you choose to post may be displayed publicly.

You are solely responsible for your use of the Sites and agree to use the interactive areas at your own risk. 

If you become aware of User Content that you believe violates these Terms of Use, you may report it by sending an e-mail to Loud Speaker Customer Care at customerservice@loudspeaker.my.

Enforcement of these Terms of Use, however, is solely in our discretion and absence of enforcement in some instances does not constitute a waiver of our right to enforce the Terms of Use in other instances.

In addition, these Terms of Use do not create any private right of action on the part of any third party or any reasonable expectation or promise that the Sites will not contain any content that is prohibited by these Terms of Use.

Loud Speaker reserves the right, and has absolute discretion, to remove, screen or edit any User Content on the Sites at any time and for any reason without notice. You are solely responsible for creating backup copies and replacing any User Content you post or store on the Sites at your sole cost and expense.

If you are viewing the Sites on a public computer or are otherwise using a computer to which multiple people have potential access, be sure to follow all relevant instructions to ensure you are sufficiently disconnected and logged off the Sites and the computer system you are using to prevent unauthorized User Content.   

License to User Content 
You represent and warrant that your User Content is not subject to any confidentiality obligations and that you own and control all of the rights to the User Content or otherwise have the right to grant the rights to Loud Speaker that you grant herein.

Loud Speaker claims no ownership or control over any User Content, except as otherwise provided herein, on the Sites or in a separate agreement. However, by submitting or posting User Content on the Sites, you grant Loud Speaker, Ottotree Entertainment Sdn. Bhd., its affiliates and designees a worldwide, perpetual, irrevocable, non-exclusive, fully-paid up and royalty free license to use, sell, reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, publish, license or sub-license the User Content and your name and likeness in connection with such use of your User Content.

By posting User Content, you hereby release Loud Speaker, Ottotree Entertainment Sdn. Bhd., its affiliates and designees and their employees, directors, officers and agents from any claims that such use, as authorized above, violates any of your rights and you understand that you will not be entitled to any compensation for any use of your User Content.       

Links 
You are granted a limited, non-exclusive right to create text hyperlinks to the Sites for non-commercial purposes, provided such links do not portray Loud Speaker in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any obscene, pornographic, sexually explicit or illegal material or any material that is controversial, offensive, harassing or otherwise objectionable.

This limited right may be revoked at any time. In addition, you may not use the Loud Speaker trademark, logo or other proprietary graphics to link to our Sites without our express written permission.

Further, you may not use, frame or utilize framing techniques to enclose any Loud Speaker trademark, logo or other proprietary information, including the images found at the Sites, the content of any text or the layout/design of any page or form contained on a page on the Sites without our express written consent.

Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Loud Speaker or any third party. 

Loud Speaker makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of embedded content, third-party websites accessible via hyperlink or websites linking to the Sites.

Such sites are not under the control of Loud Speaker and Loud Speaker is not responsible for any embedded content or the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites.

Loud Speaker and its users may provide these links as a convenience to you, but the inclusion of any link does not imply affiliation, endorsement or adoption by Loud Speaker of any site or any information contained therein.

When you visit other sites via links or embedded content, you should understand that our terms and policies no longer govern and that the terms and policies of those third party sites will now apply.

You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from our Sites.   

Third Party Content 
Loud Speaker may provide third party content on the Sites and links to web pages and content of third parties (collectively, “Third Party Content”) as a service to those interested in this information. We do not control, endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness.

You acknowledge and agree that Loud Speaker is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review such Third Party Content.

You agree to use such Third Party Content contained therein at your own risk.   

Indemnification 
At Loud Speaker request, the User agrees to defend, indemnify, and hold harmless Loud Speaker, Ottotree Entertainment Sdn. Bhd. and their affiliated companies, and their employees, contractors, officers, and directors from any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, expenses (including attorney's fees) that arise from the User’s use or misuse of the Application (including Online Payment), violation of these Terms or violation of any rights of a third party.

Loud Speaker reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defenses.

In the event of any third party claim that the Application or User’s possession and use of the Application infringes that third party’s intellectual property right, Loud Speaker, not Apple or Google, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.  

No Warranties
LOUD SPEAKER IS PROVIDING THE APPLICATION TO THE USER "AS IS" AND THE USER IS USING THE APPLICATION AT HIS OR HER OWN RISK.

TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, LOUD SPEAKER DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OR CONDITIONS THAT THE APPLICATION IS MERCHANTABLE, OF SATISFACTORY QUALITY, RELIABLE, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, NON-INFRINGING OR FREE OF DEFECTS OR ERRORS OR ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, OR THAT THE USE OF THE APPLICATION BY THE USER IS IN COMPLIANCE WITH LAWS APPLICABLE TO THE USER OR THAT USER INFORMATION TRANSMITTED IN CONNECTION WITH THE APPLICATION (INCLUDING AS PART OF ONLINE PAYMENT) WILL BE SUCCESSFULLY, ACCURATELY OR SECURELY TRANSMITTED.   

Advertisements and Promotions; Third-Party Products and Services 
Loud Speaker may display advertisements and promotions from third parties on the Sites or may otherwise provide information about or links to third-party products or services.

Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party.

Loud Speaker is not responsible or liable for any loss or damage of any sort incurred as the result of such dealings or promotions or as the result of the presence of such non- Loud Speaker advertisers or third party information on the Sites.

You agree and undertake not to hold Loud Speaker responsible or liable for any loss or damage as a result of any misleading information furnished or published or dissatisfactory products or services by the said third party.   

No Liability 
TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, IN NO EVENT SHALL LOUD SPEAKER, OTTOTREE ENTERTAINMENT SDN BHD AND THEIR AFFILIATED COMPANIES (A) BE LIABLE TO THE USER WITH RESPECT TO USE OF THE APPLICATION, INCLUDING WITHOUT LIMITATION PARTICIPATION IN ONLINE PAYMENT; AND (B) BE LIABLE TO THE USER FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOSS, THEFT OR CORRUPTION OF USER INFORMATION, THE INABILITY TO USE THE APPLICATION OR DEVICE FAILURE OR MALFUNCTION. THE USER’S SOLE REMEDY IS TO CEASE USE OF THE APPLICATION OR TO CEASE PARTICIPATION IN ONLINE PAYMENT.

TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, IN NO EVENT (BUT SUBJECT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW) SHALL THE AGGREGATE LIABILITY OF LOUD SPEAKER, OTTOTREE ENTERTAINMENT SDN BHD AND THEIR AFFILIATED COMPANIES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE APPLICATION EXCEED ANY COMPENSATION THE USER PAYS, IF ANY, TO LOUD SPEAKER FOR ACCESS TO OR USE OF THE APPLICATION DURING THE SIX MONTHS PERIOD IMMEDIATELY PRIOR TO THE EVENT GIVING RISE TO SUCH LIABILITY. 

Marks, Application and Content 
“Loud Speaker”, “Ottotree Entertainment”, the Loud Speaker logo, and other Loud Speaker trademarks, service marks, graphics and logos used in connection with the Application are trademarks or registered trademarks of Ottotree Entertainment Sdn. Bhd. (collectively “Loud Speaker Marks”). Other trademarks, service marks, graphics and logos used in connection with the Application are the trademarks of their respective owners (collectively “Third Party Marks”).

The Loud Speaker Marks and Third Party Marks may not be copied, imitated or used, passed off in whole or in part, without the prior written permission of Loud Speaker or the applicable trademark holder.

The Application and the Content are protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights, and also may have security components that protect digital information only as authorized by Loud Speaker or the owner of the Content.  

Governing Law and Jurisdiction
These Terms are governed by the laws of Malaysia without regard to conflict of laws rules. The United Nations Convention on Contracts for the International Sale of Goods shall have no applicability.

The User irrevocably consents to the exclusive jurisdiction of the courts of Malaysia for purposes of any legal action arising out of or related to the use of the Application or these Terms.   

Changes 
Loud Speaker reserves the right to change or modify these Terms or any other Loud Speaker Policies related to use of the Application at any time and at its sole discretion by posting revisions on the Loud Speaker Website.

Continued use of the Application following the posting of these changes or modifications will constitute acceptance of such changes or modifications.   

Termination 
Notwithstanding any of these Terms of Use, Loud Speaker reserves the right, without notice and in its sole discretion, to terminate your license to use the Sites and your account and to permanently block or prevent your future access to, and use of, the Sites, and/or the Application.   

Severability 
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.   

Contact Loud Speaker 
If you have any questions regarding this Big Mouth Card Account Terms of Use and Agreement, or your Big Mouth Card, please email our Customer Care Team at customerservice@loudspeaker.my.   

Ottotree Entertainment Sdn Bhd 
N- 09 -01, First Subang Mall, Jalan SS15/4G, 47500, Subang Jaya, Selangor.   

Customer Email 
Centre Email Address: customerservice@loudspeaker.my.
Mondays to Friday, 9.30am to 7pm