By accessing and using this website ("Website"), its content and the Service (as hereinafter defined) you accept without limitation or qualification, all of these Terms and Conditions which take effect on the date which you first use the Website, its content and the Service. iSentric Sdn Bhd reserves the right to change these terms and conditions at any time by posting changes online without prior notice.

You are responsible for reviewing regularly information posted online to obtain timely notice of such changes. By using this Website, its content and the Service you agree in advance to accept any changes. All references to Whatzap™ in these Terms and Conditions other than the reference to the word iSentric Sdn Bhd as a trademark in the Trademark Notice below shall mean iSentric Sdn Bhd (183309-K)

If you do not agree to these Terms and Conditions, please DO NOT use the Website, its content and the Service.

• Description of Service
  
  The service allows you to preview and download via your Short Message Service ("SMS") ringtones, operator logos, caller group icons, picture messages, screen savers, SMS contest and text based services such as Horoscope, Jokes, Lawak, Jokes, Diet, SMS Express, Cinta, Footballs Games and MMS subscription service ("Item(s)") on to your download-compatible mobile phone at the price specified by Whatzap™ to you ("Service") from time to time. You are responsible for all charges incurred if you accidentally erase, replace or delete one of the Items by receiving another Item or otherwise.
  
  
• Costs for SMS Request for download of Item
  
  Please be informed that you will be charged the standard charges per SMS request for download of Item onto your mobile phone. For downloads of ringtones, graphics and texts, there will be an additional charge upon delivery of the same item. Please check against the specific download item price here. If the mobile phone does not belong to you or if someone else is paying the mobile phone bill please obtain that person's consent prior to using the same.
  
  
• Equipment
  
  You will need to provide all mobile phone equipment required to use the Service and you will be liable to pay iSentric Sdn Bhd (183309-K) for all costs incurred using the Service. You will need to provide all equipment necessary to access the Website, its content and the Service on the World Wide Web and be liable for payment for the telephone call charges at the rates published by the telephone operator with whom you make your calls.
  
  This Service is only available to Maxis (012), TMTouch (013), DiGi (016) and Celcom (019) post paid mobile and prepaid mobile services users respectively. By using the Service you confirm that you understand that your mobile phone must support the Item download function for the Service to operate. For the purpose of downloading ringtones, your mobile phone must support the respective ringtone format standard. If you are unsure whether your mobile phone supports the ringtone format standard, please consult your mobile phone handbook or call 016-267 8999.
  
  Whatzap™ cannot be held responsible should you attempt to download an Item onto an incompatible phone and you will be charged regardless.To discover whether your mobile phone can support the ringtone format standard, you may also refer to the Phone Compatibility Guide on the Website.
  
  
• Delivery of Service
  
  After receiving your download request via SMS, Whatzap™ will send the Item to the given telephone number. If your download request via SMS is insufficient or incorrect or if Whatzap™ for any other reason considers it necessary, Whatzap™ has the right to decline to send the Item without further notice to you.Whatzap™ shall not be liable in any way for failures, defects or delays in the delivery of the Item, which are caused by one or more of the following reasons: Your phone does not support the specific item format: Nokia Smart Messaging Standard (NOK), EMS iMelody (iMelody), and Samsung Ringtones SMS (SRS) (for download of ringtones), your phone does not support SMS, your phone is out of range or for some other reason cannot be reached, or some other failure which is not due to Whatzap™ occurs in communication or otherwise.
  
  
• Termination and Suspension
  
  Whatzap reserves the right to cancel, withdraw, terminate or suspend the Website, its content and the Service for any reason whatsoever at its sole discretion without notice to you. You agree that Whatzap™ shall not be liable to you or to any other party for such cancellation, withdrawal, termination or suspension.
  
  
• Copyright Notice
  
  This Website, its contents and the Service including but not limited to text, graphics, images, logos, button icons, audio clips, and software are owned or controlled for these purposes by Whatzap™ or its content suppliers and are protected by copyright, trademarks and other laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this Website and the Service are the exclusive property of Whatzap™ or its content supplier and protected by copyright. All software used on this website is the property of Whatzap™ or its software suppliers and protected by copyright.
  
  
• Trademark Notice
  
  This Website and its content includes registered trademarks and trademarks which are the subject of pending applications or which are otherwise protected by law including without limitation, the word "Whatzap™" and the "Whatzap™ logo". Unless otherwise indicated, they are owned by iSentric Sdn Bhd (183309-K) and are used under authority by iSentric Sdn Bhd and may be the subject of rights in other countries.You may not use such trademarks or names, except as permitted in these Terms and Conditions or otherwise with the lawful owner's prior written permission. This Website, its content and the Service may also contain the trademarks of content suppliers which are protected by law, and you may not use these trademarks.
  
  
• No Implied Licenses
  
  Nothing contained in this Website, its content and the Service shall be construed as conferring by implication, estoppel or otherwise, any license or right under any patent, trademark, copyright (except as expressly provided in these Terms and Conditions) or any proprietary rights of Whatzap™ or its licensors.
  
  
• Use of Website and Service
  
  The materials used and displayed on this Website, its content and the Service may not be copied, reproduced, republished, downloaded, posted, distributed, disseminated, sold, published, broadcast or transmitted in any way except for your own personal non-commercial use. Any other use requires the prior written permission of Whatzap™. You agree not to adapt, alter or create a derivative work from any of such materials or use them for any other purpose other than for your personal non-commercial use. You agree to use this Website, its content and the Service only for lawful purposes, and in a manner which does not infringe the rights of, or restrict or inhibit the use and enjoyment of this Website, its content and the Service by any third party. Such restriction or inhibition includes, without limitation, conduct which is unlawful, or which may harrass or cause distress or inconvenience to any person. You will be responsible for and indemnify and hold harmless Whatzap™, it"s related and affiliated corporations, and their respective agents and representatives against any claim arising from any unlawful use of this Website, its content and the Service by you.
  
  
• Linked Sites
  
  This Website may contain links to third party sites. Whatzap™, its affiliated and related corporations are not responsible for the condition or content of those sites as they are not under Fun Fuzion™, its related or affiliated corporations' control. The link(s) are provided solely for your convenience and do not indicate, expressly or impliedly, any endorsement, authorisation or sponsorship by Whatzap™, its related and affiliated corporations' of those site(s) or the products or services provided there. You access those sites and use their products and services solely at your own risk. Whatzap™ is not responsible for any transactions you may perform on those sites.
  
  
• Disclaimer
  
  Notwithstanding anything contrary to these Terms and Conditions, this Website, its content, the Service, the information, names, images, pictures, logos, audio and icons regarding or relating to Whatzap™, its products and services or to third party products and services, is provided on an "AS IS" basis without any representation or warranties of any kind whether express or implied. Whatzap™, its related and affiliated corporations disclaim and exclude all warranties relating to the Service, content, information, services, products or materials included on this Website including but not limited to, all warranties of merchantability, fitness for a particular purpose, title, non-infringement, compatibility, security and accuracy. In no event shall
  
  Whatzap™, its related and affiliated corporations, their respective agents and representatives; suppliers, vendors or merchants who have a presence on this Website be liable to you or anyone else for any loss or injury or any direct, indirect, special, exemplary, consequential damages, or any damages whatsoever including but not limited to loss of use, data, revenue or profits, whether in action of contract, negligence or other tortious action, arising out of or in connection with your access, use of, or your inability to access or use the Website, its content and the Service.
  
  Whatzap™, its related and affiliated corporations do not warrant that the functions contained in the material contained in this Website, its content and the Service will be uninterrupted or error free, that defects will be corrected, or that this Website, its content, the Service and the server (s) that makes them available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials.
  
  
• Miscellaneous
  
  If there is any conflict between these Terms and Conditions and rules and/or specific terms of use appearing on this Website, its content and the Service relating to specific material then the latter shall prevail. If any of these Terms and Conditions should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms and Conditions are intended to be effective, then to the extent and within the jurisdiction which that Term or Condition is illegal, invalid or unenforceable, it shall be severed and deleted from these Terms and Conditions and the remaining Terms and Conditions shall survive, remain in full force and effect and continue to be binding and enforceable. These Terms and Conditions shall be governed by and construed in accordance with the laws of Malaysia without reference to any principle of conflict of laws. Disputes arising out of or related to this Website, its content and the Service shall be exclusively subject to the jurisdiction of the courts of Malaysia.
  
  If these Terms and Conditions are not accepted in full, the use of this Website, its content and the Service must be terminated immediately. This Website, its content and the Service may be accessed throughout Malaysia and overseas. Whatzap™, its related and affiliated corporations make no representation that the content of this Website and the Service complies with the laws (including intellectual property laws) of any country outside Malaysia. If you access this Website, its content and the Service from outside Malaysia, you do so at your own risk and are responsible for ensuring compliance with all laws in the place where you are located.
  
  
• Whatzap™ Rules of Acceptable Use
  
  You further undertake NOT to use the Website, its content and the Service in a manner that may infringe the rights or restrict the use and enjoyment of the Website, its content and the Service by any third party, and this includes: conduct or material which is unlawful, offensive, obscene, indecent, defamatory, seditious, abusive or hateful, false, racial or which may harass, distress or cause inconvenience to any person or invade another's privacy, constitutes an illegal threat or constitutes junk mail, encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, state, national or international law or regulation; use of material in a manner which infringes any copyright, trademark or any intellectual property right; use of material protected by trade secret without due authorization; impersonating any person or entity including but not limited to a Whatzap™ official or host or falsely stating or otherwise misrepresenting your affiliation with a person or entity; unauthorized access or use of data, systems or networks including any attempt to prove, scan or test the vulnerability of a system or network; monitoring without authority data or traffic on any network or system; using or attaching any viruses, Trojan horses, time bombs, worms, cancelbots or like devices which could damage, interfere, intercept or expropriate any system; or interfering with the service of any user, host or network including but not limited to mailbombing, flooding, broadcast attacks database or placing unreasonable burden on Whatzap™ system(s); circumventing any user authentication or security of any host, network or account (cracking or hacking);and reselling or providing the Website, its content and the Service or any part thereof to another person or entity for profit or otherwise.
  
  Whatzap™ may in its absolute and unfettered discretion delete or amend the Website, its content and the Service and remove or refuse anything that violates the above acceptable use. Whatzap™ reserves the right to investigate potential abuses of the Whatzap™ Rules of Acceptable Use and Whatzap™ will fully co-operate with investigations of suspected criminal violations, violations of system or network under the leadership of law enforcement or relevant authorities. Whatzap™ further reserves the right to suspend or terminate your account or right to access the Website, its content and the Service if is discovered that you have violated or attempted to violate any term of the Fun Fuzion™ Rules of Acceptable Use.
  
  
• Whatzap™ Privacy Statement
  
  At Whatzap™, we recognise that you are a unique individual with your own distinct preferences. Our aim is to provide you with information and services which are most relevant to you. In order to achieve this, we need to get to know you and collect information to understand what differentiates you from each of our other users. We may collect information about you in the following way.
  
  
• Cookies
  
  We may track your visit to this Website, its content and the Service by giving you a "cookie" when you enter. Cookies are pieces of information that websites transfer to your computer's hard drive for record-keeping purposes. Whatzap™ may use cookies to make visiting our websites and our partner sites easier. Cookies allow us to save passwords and preferences for you so that you will not have to re-enter them the next time you visit. Cookies also help us track user trends and patterns. Cookies also help us collect anonymous click stream data for tracking user trends and patterns. In addition, third party advertising networks may issue cookies when serving advertisements.
  
  The use of cookies is now an industry standard, and you will find them used on most major web sites. Most browsers are initially set up to accept cookies. If you prefer, you can reset your browser either to notify you when you have received a cookie, or to refuse to accept cookies. You should understand that areas of certain sites will not function properly if you set your browser to not accept cookies.
  
  
• Use of Personal Information
  
  Any personal information you provide to Whatzap™ on this Website is maintained and accessible only by Whatzap™, its related corporations or affiliates. Whatzap™ may use this information to offer you the opportunity to receive notices regarding other Whatzap™ products or services or products or services of Whatzap' related and affiliated corporations and to further personalize your Whatzap™ experience. Whatzap™ may also use this information to send materials to you for marketing purposes, but Whatzap™ will take commercially reasonable steps to safeguard the information from unauthorised access, and unless we specifically disclose it to you at the time of collection, we will not make customer specific information that is gathered available to unaffiliated organisations for commercial purposes unrelated to the business of Whatzap™ and its related and affiliated corporations. We may use only the anonymous click stream data to help our advertisers deliver better-targetted advertisements. Whatzap™ will not disclose any information about any individual user except to comply with applicable law or request or directive from any regulatory authority or governmental body or agency or other valid legal process or to protect the personal safety of our users or the public.
  
  
• Sharing of Information
  
  The individually identifiable information that you provide, if any, will be used extensively within Whatzap™ and its related and affiliated corporations to provide a personalised experience to you. Except as described in this Privacy Statement, Whatzap™ will not willfully disclose individually identifiable information about its users to anyone outside Whatzap™ related or affiliated corporations without first receiving that user's permission, preventing this information from appearing in unauthorized mailings and other solicitations. Any modifications to this statement will be posted in this space. We welcome any questions or comments you have; please direct them to feedback@isentric.com. Your experience is extremely important to us and we respect your rights.