The website: www.foxfanclub.my and all associated pages, websites and sub-domains ("Site") and the services we offer on the Site ("Service") are operated and supplied by Newton TAC Sdn Bhd trading as Newton ("Newton").
Membership of the Service is conditional upon acceptance and compliance with these terms and conditions (Term of Site “TOS”). The TOS must be read in conjunction with any other notices, disclaimers and policies displayed elsewhere on the Site governing use of the Site.
You should check the TOS periodically for changes, as we reserve the right to modify them at any time. Amendments will become effective immediately upon notification on the Site. The date of the current version of the TOS is noted below. Your use of the Site following any modifications to the TOS will represent an agreement by you to be bound by the TOS as amended.
Newton reserves the right to modify the Site and withdraw the Service from time to time, for any reason, and without notice, including the right to terminate the Service. Newton will not be liable to any person if for any reason the Site is unavailable at any time or for any period.
You are responsible to verify your email address via mail, to ensure that you have a valid membership. Full membership privileges will only be available to members with valid membership. You are responsible for making all arrangements necessary for you to have access to this Site and at no time shall Newton be responsible for your failure to access this Site. You are also responsible for ensuring that all persons who access our Site through your Internet connection are aware of the TOS and that they comply with them accordingly.
The Service comprises of an online advocacy platform which will allow members (“Members”) to post, share, provide opinions, feedback via the Site and social media websites in connection with the channels and services offered by FOX Sports Sdn. Bhd. (“FNG”).
In order to become a registered Member, you must register your details as requested via the Site. Members may have the opportunity to earn points and redeem prizes (each a “Prize” and together, the ‘Prizes”) in return for completing “missions” which will involve, posting, sharing, displaying such material online as may be instructed by Newton from time to time. A “Redeemer” means a Fan who earns a sufficient amount of points (as may be further set out via the Site) to receive a Prize. Prizes will be delivered to the address specified in their account profile.
Newton also reserves the right to communicate with Members from time to time for other reasons and for no reward, including system updates; bulletins; administrative announcements; and special requests. Such notices may be sent via email, or regular mail.
As a condition of membership Members hereby represent and warrant that:
All Prizes are paid for and do not represent an endorsement or recommendation by Newton or its affiliates, or their directors or employees. Any dealings with Newton as a result of receiving the Prizes, including the delivery of the Prizes, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between the relevant Member and Newton or other third party.
The Prize is subject to variation at the discretion of Newton, and any change will be final and binding upon every Fan.
The Prize will be given to the Redeemer as set out in these Terms and Conditions and may be subject to additional terms and conditions provided by Newton as a condition to receiving the Prize. The Redeemer must accept their Prize in that form.
The Prize is non-negotiable, non-transferable, non-refundable and not exchangeable for cash credit or kind, either in part or in full except at the sole and absolute discretion of Newton and is subject to the terms and conditions accompanying if.
The Prize cannot be sold or bartered.
There is no refund for a partially used Prize. Newton may at its sole and absolute discretion withdraw and/or substitute the Prize with any other item of similar value without notice and without furnishing any reason. The Redeemer is solely responsible for any and all taxes and/or fees as well as all additional costs that may be incurred in relation to the Prize.
Newton nor FNG shall not be liable in any way for any failure or breach by any party in connection with the Services, and/or the acceptance and/or use of the Prize, howsoever caused and accepts no responsibility for any loss suffered by a Fan arising from the Services or the Prize. Newton and FNG make no warranties, representations or guarantee either expressed or implied regarding any Prize including but not limited to any warranty of merchantability or fitness for a particular purpose.
In all cases Newton and FNG will not be held liable for the Prize if it does not reach the Redeemer for reasons beyond its control.
The Prize is subject to:
Newton may provide links to third parties' websites ("Linked Sites"). Those links are provided for convenience only and may not remain current or maintained. Unless otherwise notified on the Site, Linked Sites are not reviewed, controlled or examined by Newton in any way. Newton is not responsible for the content, privacy practices, availability, advertising, products or other materials on any such Linked Sites, or any links on the Linked Sites.
Except as otherwise explicitly stated on the Site, Newton’s link with Linked Sites does not imply Newton's endorsement of, or association with, the Linked Sites. It is the Member’s sole responsibility to comply with the appropriate rules and guidelines, if any, applicable to the use of the Linked Sites.
In no event shall Newton be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of links to the Linked Sites, the Linked Sites themselves, or the information or material accessed through the Linked Sites. Members should direct any concerns to the relevant Linked Site’s administrator or Webmaster. Newton reserves the exclusive right, in its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Site and/or introduce different features or links to different Members.
Newton cannot accept responsibility for a number of matters relating to this Site and the Service because – like the conduct of other Members – they are outside of Newton’s reasonable control.
All information provided by Newton on the Site is provided in good faith. You accept that any information provided by Newton is general information and is not in the nature of advice. Newton derives its information from sources, which Newton reasonably believes to be accurate and up to date (as at the date of publication). Newton reserves the right to update any information at any time.
To the extent permitted by law, all warranties, conditions and representations about the Service, the availability of the Service for access and use throughout the Site, the products and services advertised on the Site, offered to be supplied or supplied via the Site and the information provided on the Site, express or implied are excluded. In particular, to the extent permitted by law, Newton excludes any express or implied warranty that the Site will be uninterrupted or error-free; that defects will be corrected; that the Site, or the server that makes it available, are free of viruses or other harmful components; that the use or results of the use of the Service, or that the materials made available as part of the Site, will be correct, accurate, timely or otherwise reliable.
If a term is implied by law into the TOS and the law prohibits provisions in a contract excluding or modifying liability under that term, then it will be included in the TOS.
The material displayed on the Site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, Newton hereby expressly excludes for its own benefit and for the benefit of its clients:
Members hereby agree to indemnify Newton and FNG, its related bodies corporate and clients, their officers and employees, from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses, including legal fees, arising out of, or in any way connected to the use of the Site or information or content published therein; their use of the Service or by someone using the Member’s username and password (whether or not authorised by the Member); their inability to use the Site; or a breach of the TOS either by the Member or by any person using the Member’s username and password (whether or not authorised by the Member).
Members may terminate their membership with Newton at any time by using the facility provided on the Site. If a Member’s email address becomes invalid or unusable Newton will suspend that Member’s account for a period of 30 days from the time we become aware of the problem. During the period of suspension, the Member will be able to access their account to update the Member’s email address. Other than a notification on the Site, Newton will not be responsible for notifying Members that their account has been suspended.
Newton reserves the right to terminate a Membership without notice or cause, at its sole discretion or for any reason, including if:
Members must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. Members must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. Members must not attack the Site via a denial-of-service attack or a distributed denial-of service attack. If a Member engages in such conduct, their right to use the Site will cease immediately.
Members will report any such conduct to the relevant law enforcement authorities and Members hereby agree to co-operate with those authorities by disclosing their identity to them and providing all reasonable assistance in relation to the inquiries of such authorities.
Newton will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect Member’s computer equipment, computer programs, data or other proprietary material due to use of the Site or to a Member downloading of any material posted on it, or on any website linked to the Site.
Any word or device to which is attached the TM or ® symbol is a trademark, which are owned either by Newton, FNG or a third party (including a client).
If you use any of Newton’s or FNG’s trademarks in reference to any activities, products or services, you must include a statement attributing that trademark to Newton or FNG (as applicable). You must not use any of Newton’s or FNG’s trademarks:
Members acknowledge and agree that the Service and the Site contain or incorporate proprietary and confidential information that is protected by applicable intellectual property and other laws. Members may make a copy of the content for their own personal, non-commercial use only, provided that they keep all copyright and other proprietary notices intact. However, Members must, on notice by Newton, return or destroy any such copies made.
Members must not post or transmit any material on the Site or Service in which the copyright is owned by another person or entity without appropriate permission from that person or entity. Otherwise, Members therefore warrant that all material submitted to the Site or as part of the Service is that Member’s original work.
Members acknowledge that any information or material submitted by them to the Site or as part of the Service, including any discussion forum or on any third party website linked to their account, is and will be treated by Newton as non-confidential and non-proprietary and Newton may use such material without restriction (including passing that material on to our clients for their use without restriction, including publishing on their own sites and in other media) or payment.
When a Member posts or transmits material via the internet in connection with the Fox Fans Club, that Member assigns all copyright, which subsists in such material to Newton, which Newton may then assign to FNG. To the extent necessary, Members consent to any acts by Newton or Newton’s licensees or assignees that may infringe that Member’s moral rights in the material that the Member creates (for example, Newton may not always be able to identify the Member as the author of the material that they create and submit to the Site).
Members acknowledge and agree that in the event that they are required to post, share, upload or display any material via the Internet in relation to the FOX Fan Club which would result in earning of points, any such post must clearly disclose the connection between such Member and the FOX Fan Club. The disclosure requirements will be advised via the Site.
Members further acknowledge and agree that content contained in information presented to Members through the Service or by advertisers may be protected by copyright, trade mark, patent or other proprietary rights and laws. Except as expressly authorised by Newton, Members agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Site, in whole or in part.
The TOS are governed by the Governing laws of Malaysia.
You accept that any disputes about the Service, the Site or its contents are to be determined by the courts having jurisdiction in Malaysia in accordance with the laws in force in Malaysia (except any principle of conflict of laws inconsistent with this requirement).
This Site may be accessed throughout Malaysia and overseas. Newton makes no representation that the content of this Site, or the Service, complies with the laws (including intellectual property laws) of any country outside Malaysia. If you access this Site from outside Malaysia, you are responsible for ensuring compliance with all laws in the place where you are located.
FNG accepts no liability for any failure to comply with these TOS where such failure is due to circumstances beyond Newton’s reasonable control.
You must do all things, including sign such documents, as may be required to assure Newton’s rights, and those rights of any third party beneficiary, under these TOS.
If Newton waives any rights available to us under these TOS on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
If any of these TOS are held to be invalid, unenforceable or illegal for any reason, the remaining provisions of the TOS will nevertheless continue in full force.
If Members have any concerns about material, which appear on the Site, please send an email to firstname.lastname@example.org