Terms and Conditions of Use

 

Introduction

 

Please read carefully the following terms and conditions (‘these Terms’) which apply to the Duo Space Dance Theatre Sdn Bhd website DUASPACE.COM.MY (‘Dua Space’) service (‘the Service’) and which apply in addition to the DUA SPACE DANCE THEATRE PRIVACY POLICY AS SET OUT ON THE DUA SPACE DANCE THEATRE WEBSITE. By using the Service you agree that you are an individual, that your use of the Service will be for domestic, non-commercial purposes, and you also agree to be legally bound by these Terms. If you do not agree to these Terms, do not use the Service as you will be in breach of these Terms.

 

You can print off these Terms, or store them in your computer for future reference. These Terms may be updated by us from time to time without notice to you. You should review the Dua Space Dance Theatre website periodically for changes to these Terms, your continued use of the Service after any such changes constitutes your acceptance of the new Terms. The latest version of these Terms will apply at the time that any issue is raised under these Terms.


 

1. INTERPRETATION

1.1 In these Terms:

‘Content’ means all filmed theatrical productions together with any and all other material on site made available for streaming;

‘Contract’ means the contract for the provision of the Service to you on the basis of  these Terms; 

‘Dua Space’ or ‘Company’ means Duo Space Dance Theatre Sdn Bhd;

‘Service’ means the Dua Space streaming and stage performance service; 

‘Site’ means company’s website at DUASPACE.COM.MY, or any other site used by Dua Space for the provision of the Service;

‘Charge’ means Dua Space’s charges for supply of the Service, as set out on the Site or as varied from time to time;

‘Users’, ‘you’ or ‘your’ means the person who has registered on the Site and for whom Dua Space has agreed to provide the Service in accordance with these Terms, and includes any individual who uses the Service on behalf of that person for personal usage only.

2. INFORMATION ABOUT DUA SPACE

2.1 DUASPACE.COM.MY is a site managed by Duo Space Dance Theatre Sdn Bhd. Dua Space is registered in Malaysia under company number 201601004848 (1175744-D). Dua Space’s registered office is at 2B, Jalan Kenari 11, Bandar Puchong Jaya, 47100 Puchong, Selangor. Dua Space’s email address is dance@duaspace.com.my. Dua Space’s contact number is (+60)18-207 1005.

3. INTELLECTUAL PROPERTY RIGHTS

3.1 You acknowledge that Dua Space is the owner or the licensee of all intellectual property rights in the Site and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

 

3.2 You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on any intellectual property rights on the Site, in any manner, and you shall not exploit the said intellectual property rights in any unauthorised way whatsoever. You acknowledge that no intellectual property rights are intended to, nor shall they be deemed to, transfer to any person who accesses the Site, in any way, including (but not limited to) by assignment, implied assignment, licence or implied licence, either by application of these Terms or use of the Site in any other way, whether authorised or not by these Terms.

3.3 You agree that your usage of the Service is for personal, domestic use only.

3.4 Dua Space may at its own discretion and without giving notice alter, remove or suspend any part of the Site and any Content of the Site. In no event will Dua Space be liable for any loss or damage arising as a result of modifications made to the Site.

4. REGISTRATION PROCESS

4.1 To subscribe to, purchase and stream Content, you must first complete the registration process on the Site. If you register with the Site on behalf of another individual, you must ensure that the other person is aware of and agrees to these Terms, and you warrant that you have done so and are authorised to bind that other person. If you attempt to register with the Site on behalf of a commercial entity, you will be in breach of these Terms and Dua Space can terminate your access to the Service immediately and without notice under Clause 16.2.

4.2 In order to subscribe to, purchase and stream Content, you will be required to enter the username and password you selected during the registration process on the Site.

4.3 You are responsible for the security and proper use of all passwords and must take all necessary steps to ensure that all passwords are kept confidential, and are used properly and not disclosed to unauthorised people. You will be responsible for all activities and orders under your password. You must inform Dua Space immediately if you have any reason to believe that any passwords have become known to someone not authorised to use it or if any passwords are being or likely to be used in an unauthorised way. Dua Space will not be liable if passwords are disclosed or used improperly.

4.4 Dua Space has the right to disable any password at any time if in Dua Space’s opinion you have failed to comply with any of the provisions of these Terms.

4.5 You confirm that all the information supplied by you during the registration process is true, complete and accurate in all respects. You agree to notify Dua Space immediately of any changes to your registration information. If Dua Space believes that you have provided false information or that you have intentionally failed to notify Dua Space of any changes to this information, Dua Space reserves the right to terminate your access to the Service immediately and without notice under Clause 16.1 or to suspend your access until such time as we verify the information you have provided to us.

 

5. THE SERVICE & YOUR USE OF THE SITE

5.1 The Site provides video content of theatrical productions. Among other features on the Site you may preview clips and trailers or gallery photos directly from the Site on a promotional basis at no cost to you.

5.2 The Service is for your own personal and non-commercial use only and you may not (nor support others to) either (i) use the Service for commercial use or (ii) make any copies of any streams.

5.3 Except as expressly provided in these Terms no part of the Site of Services may be copied or reproduced in any manner and you may not use any automatic device or manual process to access, acquire, copy or monitor any portion of the Site or Services or in any way reproduce or circumvent the navigational structure or presentation of the Site.

5.4 Dua Space tracks your usage of the Service using cookies (in accordance with Dua Space’s Privacy Policy), and the use of any part of the Site or Service, except for use of the Site or Service as permitted in these Terms, is strictly prohibited and may result in the infringement of the intellectual property rights of others, subjecting you to civil and criminal penalties, including possible monetary damages, for copyright infringement. You also agree that you will not use the Site or Service for any purposes prohibited by any applicable law and will observe and comply with all applicable laws when you stream any product from the Site.

5.5 You agree you will not (nor support others to) circumvent or modify any security technology or software that is part of the Site or Services.

5.6 You agree that you will not use the Service in any manner that could damage, disable, impair or overburden the Site and will not attempt to gain unauthorised access to any part of the Site through hacking, password mining or any other means.

5.7 You will be responsible for any losses and costs resulting from your breach of these Terms.

5.8 If you choose to access the Site from locations outside Malaysia, you do so on your own initiative and are responsible for compliance with local laws.

 

6. AGE RESTRICTION & CHILD SUPERVISION

6.1 You must be at least 18 years of age to register for use of the Site and Services. If you are under 18 but at least 13 years of age you must present these Terms to your parent or legal guardian and he/she may register on your behalf, otherwise you are not entitled to use the Site or the Services.

 

6.2 Parents/guardians allowing children access to and use of the Site should supervise such access and use. Certain Content may not be suitable for minors and Dua Space will give an indication of this where possible. It is your responsibility to determine what is suitable for them to access.

7. PRICE & PAYMENT

 

7.1 Once you have completed payment for selected Content, this will constitute an offer to Dua Space to stream the Content, stream it via a subscription or other Service. Dua Space will then process your transaction and will send you an email receipt for your purchase. Dua Space’s email receipt for your purchase of Content, brings into existence a legally binding contract between you and Dua Space. If Dua Space is unable to accept your subscription request for any reason we will notify you as soon as possible by email.

7.2 In consideration of the supply of the Service, you agree to pay to Dua Space the applicable Charge in relation to each stream, subscription or other Service respectively.

7.3 Dua Space shall, at its sole discretion, be entitled to vary the Charges from time to time without notice to you.

7.4 Payment of Dua Space’s Charges by you for the use of the Service can be made by payment method and currency that is shown on the Site.

 

8. CANCELLATION AND REFUND POLICY

8.1 Subject to your consumer rights to cancel, all sales are fully refundable within fourteen (14) days of purchase. A refund request may be made by contacting Dua Space. However, all sales are non-refundable after fourteen (14) days from the date of purchase and refund requested within fourteen (14) days before the Service date is not entertained.

8.2 For any Service that has fixed dates, you may request to exchange for another date depending on availability. Exchanges may be made by contacting Dua Space.

8.3 For cancellation of any Service, you are given the opportunity to receive a full refund or exchange the cancellation sales for another Service date. Dua Space will attempt to contact all purchasers if they have provided their contact number or email address whenever Service has been cancelled to arrange for a refund or exchange. Those patrons that Dua Space is unable to reach, may also contact Dua Space at any time and request a refund or exchange. All requests for refund must be made within thirty (30) days of the date of Service.

8.4 You shall be entitled to notify Dua Space of any faulty Content streamed by you within seven (7) days of the initial stream. Dua Space shall permit you to stream a file containing the same Content in replacement of the original faulty Content at no cost if in its reasonable opinion Dua Space deems the original stream to be corrupt, malfunctioning or inoperable on your system.

8.5 Dua Space’s contact number is (+60)18-207 1005. Dua Space’s email address is dance@duaspace.com.my.

 

9. LINKS TO THIRD PARTY WEBSITES

 

9.1 The Site may include links to third party websites that are controlled and maintained by others. Any link is not an endorsement of such websites and you acknowledge and agree that Dua Space is not responsible for the content or availability of any such sites.

 

10. SERVICE ACCESS

10.1 While we try to ensure that the Site is normally available 24 hours a day and Service is provided as informed or scheduled, we cannot be held responsible if for any reason the Site or Service is unavailable at any time or for any period.

10.2 Access to the Site or Service may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

10.3 Although we make all reasonable efforts to ensure that the server that makes the Site or Service available is bug and virus free, we cannot provide any guarantee in this respect.

10.4 You are responsible for obtaining Internet access to the Site from where you are in order to use the Service. We cannot be held responsible for your failure to access the Site or use the Service from any location or browser. Any access fees incurred in reaching the Site (e.g. data charges) and any equipment necessary to access the Service are your responsibility.

 

10.5 Owning to the nature of the Internet and the fact that your access to the Site involves functionality outside our control, we cannot be held responsible for technical problems that you may experience with the Service.

 

10.6 We do not guarantee that the Service will be compatible with your computer. While we try to provide the Service using all reasonable care, we cannot be held responsible for any corruption or loss of data held on your computer or device. Or any damage caused to your computer or device resulting from your use of the Service.

 

11. GRANT OF LICENCE

11.1 Users are granted the non-exclusive, non-transferable right to subscribe to and stream the Content provided on the Site in the formats made available by Dua Space once such Content has been purchased.

11.2 These Terms do not allow you to use the Content on any device that you do not own or control, and you may not distribute or make the Content available over a network where it could be used by multiple devices at the same time. You may not copy (except as expressly permitted by these Terms), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Content or Site, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law). Any attempt to do so is a breach of the rights of Dua Space and its licensors (where applicable). If you breach this restriction, you may be subject to prosecution and damages.

 

12. DISCLAIMERS AND LIMITATION OF LIABILITY

12.1 Use of the Service is at your own risk. Dua Space does not promise that the Site, Content, Service or feature of the Site will be uninterrupted or error-free, or that any defects will be corrected. The Site, Content and Service are provided on an “as-is” and “available” basis without any warranty of any kind whether express or implied.

12.2 Dua Space cannot ensure that any files or other data your stream from the Site will be free of viruses or anything else that may be destructive.

12.3 Dua Space disclaims any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of the Site and you assume total responsibility for your use of the Site and any linked sites.

12.4 To the extent permitted by law Dua Space and third parties connected to Dua Space hereby expressly exclude:

All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and

Any liability for any direct, indirect or consequential loss or damage incurred by any user inconnection with the Site or Services or any websites linked to it and any materials posted on it, including, without limitation any liability for loss of income or revenue; loss of business; loss of profits/savings; loss of data; loss of goodwill; wasted time and for any other loss or damage of any kind however so arising whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

 

12.5 Your sole remedy for dissatisfaction with the Site, Content or Service is to stop using the Site or any such Content.

12.6 Dua Space reserves the right, without notice, to do any of the following at any time:

To modify, interrupt, suspend or terminate operation of or access to the Site, or any portion of the Site; and

To modify or change the Site, and any policies of terms.

 

13. INDEMNITY

13.1 You agree to indemnify and hold Dua Space, harmless from and against any breach by you of these Terms and any claim or demand brought against Dua Space by any third party arising out of your use of the Service including without limitation any demands, loss, liability, claims or expenses (including legal costs and expenses), howsoever suffered or incurred by Dua Space due to or arising out of or in connection with your use of the Site and Service.

 

14. PRIVACY POLICY

14.1 Dua Space processes information about you in accordance with its Privacy Policy. The Privacy Policy applies to the use of this Site and Service and its terms are made a part of these Terms by this reference. By using the Site and the Service you are agreeing to be bound by Dua Space’s Privacy Policy which can be viewed from this Site.

 

15. DATA DISCLOSURE FOLLOWING VIOLATION OF THESE TERMS OF USE

15.1 Dua Space may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site and Service. Dua Space reserves the right to disclose any information that Dua Space deems necessary to comply with any applicable law, regulation, legal process or governmental request. Dua Space may also disclose your information when Dua Space determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

 

16. TERMINATION

16.1 Dua Space has the right to terminate your access to any or all of the Services at any time, without notice, for any reason, including without limitation, breach of these Terms. Dua Space may also, as its sole discretion, discontinue the Site/Services or any part thereof without prior notice and you agree that Dua Space shall not be liable to you or any third party for any termination of your access to the Site/Service.

16.2 Dua Space has the right to terminate your access to any or all of the Services at any time, without notice, if Dua Space has reason to believe that you are not using the Services as an individual consumer but are using it as an institution in breach of these terms. Dua Space will obtain details of the number and location of users and timing of usage of its Service and can deduce from these details whether it is institutional use or individual use, and you will need to prove to Dua Space that their deductions are wrong to prevent such a termination.

 

17. SEVERANCE

17.1 If any of these Terms should be determined to be invalid, illegal or unenforceable for any reason then such Term or Condition shall be severed and the remaining Terms shall survive and remain in full force and effect and continue to be binding and enforceable. 

 

18. GOVERNING LAW

18.1 Except as otherwise provided by any other applicable laws to these Terms, the parties hereby agree that these Terms shall be interpreted and governed by the laws of Malaysia.

共享空間 Dua Space Dance Theatre

2B, Jalan Kenari 11, Bandar Puchong Jaya, 47100 Puchong, Selangor, Malaysia

©2020 by Duo Space Dance Theatre Sdn Bhd