NOVEL+ TERMS OF SERVICE

Welcome to Novel+. The Novel+ portal and Novel+ Application (collectively referred to as “Novel+”) are owned and operated by NovelPlus Sdn Bhd (Company No. 967639-A) (“NPSB” or “us” or “we”) with a business address at B-13-6, Megan Avenue II, No.12, Jalan Yap Kwan Seng, 50450 Kuala Lumpur, Malaysia.

1. Application of the Terms of Service, Access & Links

Access to and use of Novel+ and the contents, library, Pass and services available through Novel+ (collectively, the "Services") are subject to the following terms and conditions ("Terms of Service"). By using Novel+ and/or the Services or registering, you agree to and accept these Terms of Service as may be updated by us from time to time. If you do not agree to these Terms of Service, you should not use Novel+ or the Services or register.

Please check this page regularly for any changes we may make to the Terms of Service, which changes shall be effective upon posting. Your continued use of Novel+/Services after any such changes amounts to your consent to the amended Terms of Service.

Novel+ may contain links to third party websites, applications or advertisements, which are not operated or controlled by us. We accept no responsibility for them or for any loss or damage that may arise from your use of them. Your use of and access to such third party websites, applications and advertisements are subject to their respective terms of use/service.

2. Definitions

For the purposes of these Terms of Service, these definitions apply:

“Digital Content" means digital or electronic content or media which is available to you through Novel+/Services and which may be viewed on the Novel+ App, including ebooks, audio books, digital magazines, digital newspapers, digital journals and other periodicals, software applications and other digital content as determined by us from time to time.

“Novel+ App(s)" means the Novel+ software applications for mobile devices, e-readers, computing or other electronic devices that we make available to you (including any updates or upgrades).

“Novel+ Library" means the digital library where your selection/purchases of Digital Content are listed and which you may access via your Novel+ account.

“Novel+ Pass” or “Pass” means the paid subscription for access to certain Digital Content available through Novel+ on the terms and conditions specified at the time of purchase or subscription of the said Pass.

“Novel+ Pass Listing” means the digital library where your selection/purchases of Digital Content obtained through Novel+ Pass are listed and which you may access via your Novel+ Pass.

3. Use of Novel+

Subject to complying with these Terms of Services (and the registration requirements for Digital Content set out below), you are granted a non-exclusive, non-transferable, non-sub-licensable, limited licence to access Novel+ as it is currently made available and for your own purposes. You acknowledge that Novel+/Services may include promotional or advertising material as may be made available from time to time. You agree that Novel+ (including all materials, Digital Content and all intellectual property rights herein) remain the property of NPSB or its licensors or suppliers. Except as expressly authorized by these Terms of Service, you may not use, reproduce, distribute, modify, communicate to the public, transmit, perform, display or produce derivative works of any part of Novel+ without our prior written consent. Nothing herein grants any rights whatsoever to commercially exploit any part of Novel+ or the Services.

Please be advised that Novel+/Services may be unavailable from time to time due to technical, maintenance or other reasons. NPSB does not warrant or represent that Novel+/ Services will be available in a timely, uninterrupted or error-free manner or will meet your purpose(s). We may modify the features, availability and operations of Novel+/Services from time to time without providing any notice.

You agree to comply with all applicable laws, regulations, directives and guidelines and not misuse Novel+/Services. You will not transmit or distribute any virus, Trojan horse, worm, logic bomb or any program or material which contains any other destructive items or may corrupt data; post or transmit any material which is malicious, abusive, threatening, defamatory, seditious, obscene, offensive, fraudulent, in breach of confidence or trade secrets or is otherwise objectionable, unlawful or infringes on our or any third party's intellectual property or other rights including privacy rights. You will not hack into or deface any part of Novel+ or any aspect of the Services; transmit any unsolicited advertising, promotional or commercial material; attempt to affect the performance or functionality of Novel+/Services; impersonate any person/entity; engage in spamming; use Novel+/Services to harm minors in any way; access another user’s account, library or content without permission; modify, reverse engineer, decompile or disassemble any portion of Novel+; remove any copyright, trademark or other proprietary rights notices; frame or mirror or link to any page of or material on Novel+ (other than the URLs/links provided by us to you for such purposes), without our prior written authorisation; use any robot, spider, site search/retrieval application or other process to retrieve, index or data mine Novel+; or harvest or collect information about or from users of Novel+ without their consent.

Please note that we may immediately suspend and/or terminate access to/use of Novel+, Novel+ Pass, Services (or any of its features) or modify or remove mat

erial (including Digital Content) for breach of the above or these Terms of Service as determined by us.

4. Registering an Account

4.1 Registering and Account. You may visit and browse Novel+ without registering an account. You may also select and stream certain content from Novel+ without an account. However, in order to use Novel+ Pass, you need to register an account. You agree to provide accurate and complete information when you register and to keep that information updated and accurate.

When registering an account, you shall not use as an account name: (i) the name of another person with the intent to impersonate that person; (ii) a name which is subject to any third party rights without appropriate authorization; or (iii) a name that is otherwise offensive, vulgar or obscene. We reserve the right to refuse registration of an account or cancel it at our discretion.

Please be reminded that you are responsible for keeping your password confidential and secure and preventing unauthorized access to your Novel+ account, Novel+ Library and Novel+ Pass Listing. You are solely responsible for all activities occurring through your Novel+ account and Pass and you agree to inform us of any actual or threatened breach of your account. We are not responsible for any loss or damage arising from any breach of these obligations.

4.2 18 years old. Unless otherwise mentioned, Novel+ and the Digital Content are for purchase and selection by users aged 18 years or above. If you are under 18 years of age, please obtain the consent of your parent or guardian prior to any purchase/selection.

4.3 Privacy. Our privacy policy, which sets out how we collect, store and use your personal information, can be found at Privacy Policy. By using Novel+ or the Services, youconsent to the use, processing and storage of your information described in the Policy and warrantthat all such information provided by you is accurate and complete.

5. USE OF NOVEL+

5.1 How to use Novel+. You can browse and select items of Digital Content on Novel+, for streaming through the Novel+ App or Novel+ portal on supported smartphones, computers or other electronic devices. Your selected items will be displayed in your Novel+ Library. If you have a Novel+ Pass, you can browse and select items of Digital Content available through the Pass and your selected items will be displayed in your Novel+ Pass Listing.

We will use reasonable efforts to grant you access to your Novel+ account, Novel+ Library, Novel+ Pass and Novel+ Pass Listing. Please understand that temporary interruptions to the Novel+/Service may occur for technical reasons or other reasons and not all Novel+ Digital Content or Services may be available to all users and all times. Please refer to Novel+ for instructions on how to select items, browse and use Novel+.

To the maximum extent permitted by applicable laws, we provide no warranties in respect of and assume no liability for any third party items offered through Novel+/Services or for their actions.

5.2 Prices. Prices (including subscription pricing) listed on Novel+ may differ from the price shown at the time of your purchase as prices may increase or decrease between the time an item is selected and the time that the purchase/subscription is actually made. Despite our best efforts, it is possible that on the rare occasion, an item/subscription may be incorrectly priced. If the correct price for the item is actually higher than the price listed on Novel+ we may (at our discretion and to the maximum extent permitted by law): (i) contact you to enquire if you wish to buy the item/subscription at the higher price; (ii) cancel your order and notify you of the cancellation; or (iii) provide the item/subscription to you at the incorrect lower price.

5.3 Availability. It is possible that at times, a certain item may be erroneously shown as available when it is not. If this happens, we will inform you if the item is unavailable and no charge will be imposed (if the item is chargeable).

5.4 Content Descriptions. All item descriptions are for information purposes. To the maximum extent permitted by law, we accept no responsibility for any inaccurate or incomplete information about any items made available through Novel+ and we do not represent or warrant that the descriptions of such items are accurate or complete. If you purchase a subscription from us that is not as described, to the maximum extent permitted under applicable law your sole and exclusive remedy is to return such subscription for a refund of the purchase price (if any price is incurred), subject to the refund provisions of the applicable payment channel and Section 5.5 below.

5.5 Refunds – Content.

Digital Content cannot be returned once purchased or streamed. Cancellation of your Novel + Pass (subscription) is subject to the applicable subscription terms at the time of purchase as set out in Novel+, the cancellation and refund provisions of the applicable payment channel through which Novel+ Pass was purchased and as otherwise informed to you.

5.6 Take Down Notice For Claims of Infringement.

Take Down Notice. If you believe in good faith that any content or materials on Novel+ infringes your copyright, you/your agent) may send us a notice, requesting that we remove or block access to the infringing item(s). The notice should include the following:-

  • the signature of a person authorized to act on behalf of the owner of the allegedly infringed right;
  • identification of the copyrighted work that is claimed to have been infringed;
  • a description of the location of the allegedly infringing item on Novel+;
  • your name, address, telephone number, and e-mail address;
  • a statement of your good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • a written undertaking that the copyright owner will undertake to compensate us for any damages, loss or liability arising from our compliance of such notification.

Please forward your notice to:-
NovelPlus Support Team
Phone: +6012 383 9032
Email: support@novelplus.co

Procedure to Supply a Counter-Notice

If you believe that any content that was removed or to which access was disabled is not infringing, you may send a counter-notice containing the following information to us:

  • Your signature;
  • Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
  • a statement that you believe in good faith that the content was removed or disabled as a result of mistake or a misidentification of the content; and
  • your name, address, telephone number, e-mail address and a statement that you consent to the jurisdiction of the Malaysian court, and you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by us, we may send a copy of the counter-notice to the original complaining party informing that person that we may replace the removed content or cease disabling it in ten (10) working days. Unless the copyright owner files an action seeking a court order against the user, the removed content may be replaced, or access to it restored, in ten (10) working days after receipt of the counter-notice, at our discretion.

Please note that giving false, misleading or inaccurate information in a notice or counter- notice may result in legal liability.

5.7 Intellectual Property and Content. We and where applicable, our licensors and suppliers own all intellectual property and proprietary rights in and to Novel+ /Services and the Digital Content (collectively, the "Intellectual Property"). No rights are granted to you except those expressly set forth in these Terms of Service and we (and, where applicable, our licensors and suppliers) expressly reserve all rights, title and interest in and to Novel+/ Services, Digital Content and Intellectual Property not expressly granted herein. You may not upload, post, reproduce, use or distribute in any way any aspect of Novel+ and Digital Content which are protected by copyright, or other proprietary right without obtaining the permission of the owner of the copyright or other propriety right.

As our role is as a distributor of the Digital Content, we generally do not have editorial control over the Digital Content. Any opinion, advice or other information constituting any part of Novel+ or the Digital Content expressed by third parties (including any other user or any author) are their own and not of ours unless expressly stated otherwise. We are not obligated to review the Digital Content and do not make any representation or warranty about the suitability, accuracy, completeness, or usefulness of any Digital Content unless otherwise expressly stated. It is your responsibility to assess the suitability, accuracy, completeness or usefulness of any Digital Content. To the maximum extent permitted by applicable laws, we and our suppliers or licensors are not liable for any loss, damage or harm arising by your reliance on any information or material obtained through Novel+/Services.

5.8 Indemnity. To the maximum extent permitted by applicable local law, you agree to indemnify and hold harmless us and our affiliates (and our and their employees, representatives, agents, officers and shareholders, suppliers, partners and licensors (the "Indemnified Parties") immediately (on demand) from any claim or demand, including legal fees, made by any third party arising from your use of Novel+, Novel+ Pass, the Services or any Digital Content, or any breach of these Terms of Service, applicable law or regulation or third party rights.

5.9 Internet Connectivity Charges. Internet access is required to access Novel+, your Novel+ account, Novel+ Library, Novel+ Pass, Novel+ Listing and to stream the Digital Content and any access and data fees are solely your responsibility.

6. Right to use and payment

6.1 We grant you a limited, non-exclusive, revocable licence to access by way of streaming to make personal, non-commercial use of the Digital Content in accordance with these Terms of Service. Your selected Digital Content will be accessible by way of streaming only from your Novel+ Library. Digital Content purchased/selected through Novel+ Pass will be accessible by way of streaming through your Novel+ Pass Listing. We reserve the right to modify or discontinue the offering of any Digital Content at any time. If an item of Digital Content becomes unavailable prior to streaming but after selection/purchase, your sole and exclusive remedy is the replacement of the Digital Content . The resolution or quality of the streamed Digital Content may vary due to various reasons, including the Internet and mobile connections available and accordingly we cannot guarantee the resolution or quality of the streamed Digital Content.

6.2 Under no circumstances will we be liable for any loss, damage or harm caused by your access to or reliance on any Digital Content. You are responsible to determine if your chosen Digital Content is appropriate, accurate and complete. Your use of the Digital Content is solely at your own risk. Where our authors and other third party content providers have provided us with descriptions of the content we may make such information available but we cannot guarantee the accuracy of such descriptions or information provided for your convenience.

6.3 Payment. Your agree to pay the charges (including any subscription or access fees and any applicable taxes including GST if applicable) and comply with the payment terms applicable to your selected Digital Content or Novel+ Pass as notified to you, including without limitation the terms and conditions of your applicable payment channel.

7. Novel+ Community

7.1 Registration

We may require you to register to use or post on our Novel+ Community, or to impose other requirements from time to time. We reserve the right to close an account or restrict access to the Community (or Services) if any user uses proxy IPs (Internet Protocol addresses) or a false e-mail address or other false or misleading identity, or disrupts any of our Services or access to Novel+ in any way.

7.2 Submission of content/materials

Visitors to our Novel+ Community may post reviews, comments and other content or material and submit suggestions, questions and the like and in certain cases, subscribers of the Novel+ Pass may provide feedback, so far as such material complies with applicable laws and is not obscene, abusive, threatening, defamatory, injurious to third parties or in breach of any proprietary or intellectual property rights and does not contain any viruses or malicious code, commercial solicitation or mass mailings or amount to “spam”.

By submitting or sharing any content/material with us, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, reproduce and distribute any such content/material throughout the world in any media and to use the name that you submit in connection with such content/material, if we choose (collectively referred to as the “Licence”). We reserve the right to remove or edit such content/material, and you acknowledge that we are not obliged to publish any content or material submitted by you on Novel+ or any Novel+ or NPSB channel or platform.

The foregoing grant of rights are irrevocable during the entire period of protection of your intellectual property rights associated with such content/material. To the fullest extent permitted by law, you waive your right to be identified as the author of and to object to derogatory treatment of such content. You further agree to perform all further reasonably necessary acts to perfect any of the above rights granted by you including the execution of documents, if requested.

You warrant that you own or control all of the rights to the content/material that you post and that the following apply: (i) the content/material is accurate and non-defamatory and not abusive or threatening or offensive; and (ii) use of the content/material does not breach any applicable laws and guidelines and will not cause injury, damage or harm to any person or entity. You indemnify us and our affiliates (and our and their employees, representatives, agents, officers and shareholders, suppliers, partners, advertisers and licensors (collectively the "Indemnified Parties") for all claims brought by a third party and all liability whatsoever arising out of or in connection with the content/materials you provide.

When you use an application, your content and information is shared with/through the application. Do note that your use of an application is subject to the applicable terms of that application, for which we are not responsible. Your agreement with that application will control how the application can use, store, and transfer that content and information.

When you publish content or information you allow everyone, including other users, to access and use that information, and to associate it with you. You should therefore consider carefully the disclosure of personal information in this manner.

If you do not want to grant us the permission set out above or do not agree with any of these terms, please do not submit or share your contribution/content through the Novel+ Community.

Novel+ provides you with the ability to interact with various social media services, such as through Facebook “Like” buttons, Twitter, Line, WeChat, WhatsApp and otherwise. These features may enable integration and/or access to your social media accounts. We do not control those social media services in any way, your profiles on those services, or how your personal information on those services will be used or shared. You are encouraged to read and understand the privacy policies and terms of service of such social media services We are not responsible for any acts or omissions by any social media service provider or your use of their services or platforms.

8. TERMINATION OR SUSPENSION

8.1 Termination By Us. We may, upon notice to you, issue a warning, suspend or terminate your Novel+ account or your access to Novel+, Novel+ Pass, the Services, Digital Content, your Novel+ Library or Novel+ Pass Listing for any breach of these Terms of Service at our discretion.

8.2 By You. You may terminate your use of Novel+, Novel+ Pass, the Services or your Novel + account at any time by ceasing all use of the same. No refund is provided in the event of any such termination.

8.3 Effect of Termination or Suspension. Following termination or suspension, you will not be permitted to use Novel+, Novel+ Pass, the Services or access your Novel+ Library, Novel+ Pass Listing or Novel+ account. In the case of termination by us, you remain liable for all amounts due under your Novel+ account up to and including the date of termination.

Upon termination of these Terms of Service, the following Sections shall continue in force: Section 5.6 (Take Down Notice for Claims of Infringement); Section 5.7 (Intellectual Property and Content); Section 5.8 (Indemnity); Section 5.9 (Internet Connectivity Charges); Section 8 (Termination or Suspension); Section 9 (Disclaimers; Exclusions and Limitations); Section 10 (Invalidity); Section 11 (Helpdesk); Section 12(Waiver); Section 13 (Governing law and Jurisdiction); Section 14 (Notices), Section 16 (Contact Information) and any other provisions of these Terms of Service that are intended to continue in force after termination.

9. DISCLAIMERS; EXCLUSIONS AND LIMITATIONS

9.1 Disclaimer Of Warranties And Conditions. To the maximum permitted by applicable local laws, we and our suppliers and licensors provide Novel+ and the Digital Content on an "as is as available" basis without any representation or warranty whatsoever. The use of Novel+/Services, your Novel+ account, Novel+ Pass and any Digital Content is at your sole risk.

Without limiting the foregoing, and to the maximum extent permitted by applicable laws, we, our suppliers, affiliates and licensors make no representation or warranty of any kind, express or implied, that Novel+/Services, the Digital Content, any Novel+ account and library, Novel + Pass or their use will: (i) be uninterrupted or secure; (ii) be free of defects, inaccuracies or errors; or (iii) meet your requirements or purposes. To the maximum extent permitted by applicable local laws, we hereby disclaim any and all warranties and conditions, express or implied, including the implied warranties or conditions of fitness for a particular purpose, security, merchantability and non-infringement or arising by reason of custom or usage in the trade or by course of dealing. To the maximum extent permitted by applicable laws, we and our suppliers, affiliates and licensors will not be liable to you or any third party for any lost profits, lost revenue, lost or corrupted data, or damage to reputation or goodwill or any consequential, special, incidental, punitive or other indirect damages or losses arising from, relating to or connected with your use of Novel+/Services, Digital Content, any Novel+ account or library or Novel+ Pass regardless of the cause of action on which the claim is based (even if advised of the possibility of such damages).

Without prejudice to any other limits of liability under these Terms of Service, our maximum total liability for any and all claims or liability at law or equity or otherwise in connection with the Novel+/Services, Digital Content, any Novel+ account and library and Novel+ Pass shall not exceed the greater of the total price paid for the item(s)/subscription giving rise to such claim or liability or the sum of Ringgit Malaysia Fifty only (RM50.00).

10. Invalidity. If any part of these Terms of Service is unenforceable the enforceability of any other part(s) of these Terms of Service will not be affected and will remain in full force and effect.

11. Helpdesk. We operate a helpdesk and will always try to resolve any queries, complaints or disputes when they first arise. Please provide details of any queries, complaints or comments by logging into our Contact Us page at Novel+ and completing the form there or contacting us through the Contact Information below.

12. Waiver. If you breach these Terms of Service and we take no action, we continue to be entitled to use our rights and remedies in any other situations where you breach these Terms of Service (or any other agreement between us).

13. Governing Law and Jurisdiction. These Terms of Service are governed and construed in accordance with the laws of Malaysia. In the event of any dispute or claim arising from Novel+, the Services, Digital Content, any Novel+ account, Novel+Pass or Novel+ library or the Terms of Service, that dispute or claim shall be subject to the exclusive jurisdiction of the Malaysian courts.

14. Notices. Where we need to send you notices, you hereby consent to receive electronic notices from us. You acknowledge and agree that any communication via email (to the address provided by you) or to your provided mobile telephone number or by posting on Novel+ or to your account shall be valid notice.

15. Assignment. These Terms of Service and all of your rights and obligations under it are not assignable or transferable by you without our prior written consent. We may freely assign or transfer these Terms of Service Agreement and any of our rights and obligations under the same.

16. Contact Information. If you have any questions or require any assistance please contact us at the following:

contact email: support@novelplus.co

contact hours: 24 hours a day, 7 days a week