GENERAL TERMS AND CONDITIONS OF USE

1. INTRODUCTION

   The Website is provided to you by Astro Radio Sdn Bhd (Registration No. 199601031120 (403472-D)) for the brand KULT (“KULT”). These General Terms and Conditions of Use set out the terms governing the access to and use of the Website.

2. DEFINITIONS

   For purposes of these General Terms and Conditions of Use, the following definitions shall apply:

   1. ″Astro Group″ means Astro Malaysia Holdings Bhd, Registration No.201101004392 (932533-V), a company incorporated in Malaysia under the Companies Act 1965 and having its registered office at All Asia Broadcast Centre, Technology Park Malaysia, Lebuhraya Puchong-Sungai Besi, Bukit Jalil, 57000 Kuala Lumpur, together with its subsidiaries and affiliates, including Astro Radio Sdn Bhd.
   2. ″Content″ means content managed or provided by Us or Our content provider and made available on the Website, which includes, without limitation, all forms of text, graphics, video, audio, files, data, images, photographs, pictures, logos, video clips, news, and information.
   3. ″Marks″ means Our corporate names, service marks, logos, trade names, trademarks, and domain names.
   4. ″Personal Data" means the personal information or sensitive personal information as stated in the General Consumer Code of Practice for the Communications and Multimedia Industry Malaysia and/or any other applicable legislation relating to data protection, including, without limitation, the Personal Data Protection Act
   5. ″Post″ or ″Posted″ or ″Posting″ means to publish, display, submit, transmit or upload.
   6. ″Privacy Notice″ means the privacy notice found at Our Website.
   7. ″Us″, ″We″, ″Our″ means KULT or Astro Group, as applicable.
   8. ″User″ means an individual who accesses or uses any one or more of the Website.
   9. ″Website″ means the internet site on the world wide web owned, managed, operated or made available by Us and branded as KULT.

3. ACCEPTANCE OF TERMS

   1. By accessing or using the Website, you understand and agree that your access to or use of the Website are subject to (1) these General Terms and Conditions of Use, (2) Privacy Notice, and (3) any additional terms and conditions referenced herein or presented elsewhere on the Website in relation to a specific service (collectively, the ″Agreements″). Unless explicitly stated otherwise, any new service introduced by Us shall be subject to these Agreements.
   2. The Website is provided on an ″as is″ basis without warranty of any kind and Our liability in connection with access to or use of the Website is very limited. It is therefore important that you read the Agreements carefully in their entirety before accessing or using the Website.
   3. We may modify and amend the Agreements at any time without notice. When such changes are made, they will be effective immediately upon Posting. You are responsible for regularly reviewing the Agreements Posted on the Website. By continuing to access or use the Website, you agree to be bound by any modifications or amendments to the Agreements.

4. USE OF THE WEBSITE IN GENERAL

   1. The Content and the Website may contain technical inaccuracies or typographical errors and as such, We may change or update any Content without any notice or liability. We may also make improvements, changes or discontinue any aspect of the Website provided at any time, without any prior notice or liability, including, but not limited to, the Content, contests, or equipment needed for access to or use of the Website.

   2. The Website may not be available to all electronic devices which connect to the internet. You assume all responsibility regarding the end-use equipment and software necessary to access the Website and assume all risks associated therewith.
   3. We reserve the right to limit or prohibit your access to or use of any of the Website at Our sole discretion and shall not be liable for any such limitation or prohibition.

5. YOUR CONDUCT

   1. You agree to access or use the Website only (a) for lawful purposes, (b) in accordance with the Agreements, and (c) in a way that shall not infringe the rights of others, or restrict or inhibit anyone else’s use or enjoyment of the Website.
   2. You agree to notify Us immediately of any (a) unauthorised use or any other breach of security of the Website and/or (b) unauthorised use of your Personal Data submitted or disclosed to Us while accessing or using the Website. We cannot and shall not be liable for any loss or damage arising from your failure to comply with this provision.
   3. The Website and the Content are provided to you for your private and personal use only. You shall not or shall not allow any other person to (a) resell, timeshare, sublicense, or otherwise transfer all or any portion of the Website to any other party; or (b) make commercial use of the Website without Our express written consent; or (c) use any information obtained from the Website to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any other User without the prior explicit consent of such User and Us. You will not copy, download, frame, reproduce, republish, distribute or transmit in any manner whatsoever, all or any portion of the Website except as is strictly necessary for your own private and personal non-commercial use. Where such Website is configured to enable the download of particular Content, you may download one copy of such Content to a single electronic device for your personal, non-commercial home use only, provided that you (i) keep intact all copyright and other proprietary notices, (ii) make no modifications to the Content, and (iii) do not use the Content in a manner that suggests an association with any of Our products, Website or brands. Any business use, “re-mailing”, high-volume or automated use of the Website is prohibited.
   4. You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your access or usage of the Website and/or the Content, including the content of your communication through the Website. Recognising the global nature of the internet, you agree to comply with all local rules regarding online conduct. Specifically, you agree to comply with all applicable laws regarding online communication in the country in which you reside. In addition, you agree to comply with the requirements of the Malaysian Communications and Multimedia Content Code ("Code") and will not act in contravention thereof. For more information on the Code, go to https://contentforum.my/.
   5. You will not do anything that may affect the operability or security of the Website or causes unreasonable inconvenience or offence or disruption to Us. You may not use the Website in any manner that could damage, disable, overburden, or impair the Website or networks connected to such Website used to provide the Website or interfere with any other party’s use or enjoyment of the Website. You shall not attempt to gain unauthorised access to any of the Website, Content, or User’s Personal Data, computer systems or networks connected to the Website, through any technology, hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website.

   6. You agree not to alter or modify any part of the Website.

6. TERMINATION/ACCESS RESTRICTION

   1. Without limiting anything herein contained, We reserve the right to cancel, withdraw, suspend or terminate your access to the Website for any reason whatsoever at Our sole discretion at any time without notice nor liability to you or any third party, and you hereby release Us from any liability whatsoever, including but not limited to in the following circumstances:
      1. We suspect fraudulent use;
      2. you violate any applicable law, rule or regulation relating to the
      3. access to or use of the Website;
      4. any law, regulation or governmental action renders all or any
      5. portion of the Website unlawful or impracticable;
      6. your access to or use of the Website impairs or threatens to impair
      7. the integrity or functionality of Our network in any manner; or
      8. you violate or act inconsistently with the spirit or intent of the Agreements.
   2. Termination of your access to the Website shall be without prejudice to any rights, remedies, obligations or liabilities of either party that have accrued up to the date of termination, including the right to claim damages for any breach of these terms and conditions that existed at or before the date of termination.

7. DISCLAIMER & LIMITATION OF LIABILITY

   1. We make no warranty that the Website will meet your requirement or that the Website will be secure, timely, uninterrupted or error free, or that any data, content, information, or other material accessible on or through our Website is true, accurate, or free from viruses or other harmful components. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Website for the reconstruction of any lost data. All access to or use of the Website is at your own risk and you are solely responsible for all damages resulting therefrom.
   2. The Website are provided on an "as is," "where is" and "as available" basis, without warranties of any kind. To the maximum extent permitted by applicable law, We expressly disclaim any warranties, express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement with respect to the Website and/or transactions performed through the Website or on the internet generally. We make no representations or warranties as to the quality of any connection to or any transmission over the Website.
   3. To the fullest extent permitted by applicable law, under no circumstances, including but not limited to, negligence, shall We be liable for any direct, indirect, incidental, special or consequential, punitive or exemplary losses and/or damages, damages for loss of profits (even if We have been advised of the possibility of such losses and/or damages or even if such losses and/or damages is foreseeable) whatsoever suffered, incurred and/or sustained by you arising from the access to, use of, or the inability to use the Website, any changes to the Website or unauthorised access to or alteration of your transmissions or data, any communication, transmission, material or data sent or received or not sent or received, or any transactions entered into through the Website or arising in connection with the fraudulent or unlawful acts of any third party, whether such liability is asserted on the basis of contract, tort (including, without limitation, negligence or strict liability) or otherwise even if you have been advised of the possibility of such losses and/or damages.
   4. You specifically agree that We are not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights.
   5. We are not responsible for the conduct, whether online or offline, of any User. Under no circumstances shall We be responsible for any loss or damage, including, without limitation, personal injury or death, resulting from anyone's access to or use of the Website.
   6. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User or User communications. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of e-mail or players on account of technical problems or traffic congestion on the internet or in any of our Platforms or combination thereof. We are not responsible for any injury or damage to any computer equipment belonging to any User, or any other person related to or resulting from use and/or access of our Website or otherwise in any way in connection with the Website. We cannot guarantee and do not promise any specific results from use of our Website. No advice or information, whether oral or written, obtained by you from Us, or from or through the Website shall create any warranty not expressly stated herein.
   7. If you are dissatisfied with the Website, its content, the materials available on or through the Website or with the provision of the Agreements, you acknowledge and agree that your sole and exclusive remedy is to discontinue access to or use of the Website.
   8. We will take reasonable measures to maintain the privacy and security of all Personal Data provided by you on the Website (if any), but third parties may breach or attempt to breach Our security measures or may gain unauthorised access to Our database or other equipment containing your Personal Data. You agree that We shall not be liable for losses and damages of any sort, whether arising under contract, tort or otherwise with respect to any breach of security of Our Website (if any) or any of Our equipment or User information.

8. INDEMNITY

   1. In addition to specific indemnities set out in these Agreements, you agree to indemnify, defend and hold Us, Our officers, directors, employees, agents, shareholders, licensors, suppliers and any third party information providers to the Website, harmless from and against all losses, expenses, damages and costs, including, without limitation, legal fees, resulting from (a) any violation by you of any of the Agreements; (b) your access to, use of or conduct to the Website; or (c) your violation of any third party right, including without limitation any copyright, property or privacy rights. This indemnification obligation by you will survive the Agreements and your access to or use of the Website.
   2. The provisions of this Clause 8 are for the benefit of Us and Our officers, directors, employees, agents, shareholders, licensors and suppliers of the Website. Each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on their or its own behalf.

9. DISCLOSURE AND CONFIDENTIALITY

   1. The Website may contain links to third party applications, websites and/or services to make available certain Services (″Third Party Services″) and may include advertisements. You agree that such Third Party Services and advertisements are provided to you only as a convenience and as such, We do not provide any form of representation and/or warranty, whether express or implied, for the use of such Third Party Services. We shall not be responsible if the Third Party Services are not working appropriately. We have no control over such Third Party Services and resources and We shall not be responsible for the contents of any Third Party Services or advertisement, including without limitation any link contained in the Third Party Services and We do not endorse any content, advertising, products, or other materials on or available from such Third Party Services or resources. You are responsible for viewing and abiding by the privacy statements and terms of use posted in relation to the Third Party Services, and for taking precaution to ensure that whatever you select for your use is free of viruses, worms, trojan horses and other items of a destructive nature. By continuing to access or use the Website, you expressly relieve Us from any and all liability arising from your use of any Third Party Services.
   2. Any dealings with third parties (including advertisers) over Third Party Services or participation in promotions, including, without limitation, the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such advertiser, merchant or other third party. You agree that We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such website or resource. The purchase of any product or service from a merchant from any of the Third Party Services is a transaction solely between you and such merchant, and any question or dispute you may have regarding any such product or service should be addressed directly to the relevant merchant. We have no responsibility or liability for any merchant or your relationship with such merchant.
   3. The Content may contain materials made available by third parties (″Third Party Content″). We shall not guarantee the accuracy, completeness or usefulness of any of such Third Party Content and you agree that by perusing such Third Party Content, you shall solely assume all risks associated with the perusal of such Third Party Content.
   4. From time to time the Content may contain judgements or opinions of the respective user or Third Party Content provider not associated with Us. We neither endorse nor are We responsible for the reliability or accuracy of any advice, statement or opinion made through the Website by any third party. Under no circumstances will We be liable for any losses or damages caused by your use of or reliance upon such Third Party Content obtained through the Website.

10. DISCLOSURE AND CONFIDENTIALITY

    1. We reserve the right to disclose any Personal Data about you or your access to or use of the Website without your prior permission if We believe that such action is necessary to (a) conform to legal requirements or comply with legal process; (b) protect or defend Our rights or property; (c) enforce the Agreements; or (d) act to protect Our interest or that of other Users.
    2. Any non-personal data or material submitted to us by you will NOT be treated as confidential.
    3. Generally, you can access and/or use the Website without disclosing your Personal Data. However, to access certain parts of the Website, such as contests, giveaways, etc., We may require you to provide Us with your Personal Data. In such circumstances, you represent and warrant that all information furnished to Us is true, current, complete, and accurate in every material aspect and is not false, misleading, deceptive, defamatory or unlawful. We may, but have no obligation to, whether express or implied, verify the accuracy and authenticity of any information provided by you. Please take note that We have the right to suspend, revoke, and/or forthwith terminate your access to, participation in or use of the Website if the information provided by you is untrue, inaccurate, not current or incomplete or We, in Our sole opinion, suspect such information to be untrue, inaccurate, not current or incomplete.
    4. Owing to the global nature of the internet infrastructure, the information you provide may be transferred in transit to countries that do not have similar protection regarding your data and its use as set out in the Agreements. By submitting your information, you consent to these transfers.
    5. For further details on use and disclosure of your Personal Data please see Our Privacy Notice.

11. PROPRIETARY RIGHTS

    1. The Website and its Content including, but not limited to, text, software, scripts, photos, video, graphics, music, sound, interactive features and the like as well as the trademarks, service marks and logos contained therein, are protected as a collective or severable work by applicable trademark, copyright, or other intellectual property laws and international treaties. We own or have acquired a copyright in the selection, coordination, arrangement and enhancement of such Content, as well as in the materials original to it. Any unlawful use of the Website and the Content is strictly prohibited without Our prior express written consent.
    2. Elements of the Website including, but not limited to, its design and layout, are protected by trade dress and other laws and may not be copied or imitated in whole or in part. We may change any part of or all of Our Website or Content or features at any time, in any way, for any or no reason.
    3. All logos, graphics, sounds or images found on the Website shall not be copied or retransmitted without Our prior express written consent.
    4. Our Website, its Content and materials provided through it are Our property or are included with the permission of the owner of the rights.
    5. Any reproduction, communication, rental, performance, redistribution or recording of any form or format of the Website and Content, or any part thereof, whether for commercial reasons or otherwise is strictly prohibited by the Agreements, and may result in severe civil and criminal penalties. We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. Individuals, organisations, companies and/or businesses shall not use the Website or any part thereof for any commercial use, whether or not for the purposes of gaining any form of profits from its clients or users, without Our prior written consent.
    6. We reserve all rights in Our Marks and nothing in the Agreements grants you the license to use such Marks. Additionally, other marks which appear on the Website may be marks of third parties that are not affiliated with Us. We do not own such third party’s marks and the use of such marks may be subject to the terms and conditions provided by such third party.

12. GENERAL PROVISIONS

    1. The Agreements are governed by the laws of the Malaysia without reference to conflict of laws principles. Any dispute in relation to the Agreements will be subject to the sole and exclusive jurisdiction of the courts of Malaysia and you expressly waive all defences to jurisdiction. Notwithstanding the foregoing, you agree that We shall be allowed to apply for injunctive remedies (or any equivalent urgent legal relief) in any jurisdiction. You agree that the Website shall, for the purpose of determining jurisdiction and applicable law, be deemed to have originated and been provided by Us in and from Malaysia.
    2. The Agreements contain the entire understanding between the parties hereto with respect to access to and use of the Website, and supersede all previous oral, written agreements or understandings between the parties, and no advice or information, whether oral or written, obtained from the Website (whether before or after the date you accept the Agreements) shall create any obligation or warranty on Our part. You may also be subject to additional terms and conditions that may apply when you use any services offered by Us or Our third-party content or software. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of the Agreements.
    3. Our performance of the Agreements is subject to existing laws and legal process, and nothing contained in the Agreements is in derogation of Our right and obligation to comply with governmental, court and law enforcement requests or requirements relating to your access to or use of the Website or information provided to or gathered by Us with respect to such access or use.
    4. If any provision of the Agreements is held invalid, the remainder of the Agreements will continue in full force and effect, and if any provision(s) of the Agreements is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. The Agreements shall not be construed against any party as the principal draftsperson hereof. A printed version of the Agreements and any notice given in electronic form shall be admissible in judicial or administrative proceedings.
    5. Our failure to insist upon or enforce strict performance of any provision of the Agreements shall not be construed as a waiver of any provision or right unless explicitly acknowledged and agreed to by Us in writing.
    6. Notices to you shall not be modified, except by an express modification by Us as described herein and may be made via either email or regular mail or by displaying notices or links to notices generally on the Website.
    7. You may not assert any claim against Us in connection with the access to or use of the Website unless you have given us written notice of the claim within fourteen (14) days after you knew or should have known of the facts giving rise to such claim.
    8. We may assign and novate Our rights and obligations under the Agreements to any party at any time without notice and the Agreements shall be binding upon and inure to the benefit of Our permitted successors and assignees.
    9. In the event of conflict on the use of the words or meanings of the Agreements in English, Malay or any other languages, the use of words or meanings given to it in the English language shall prevail. Should you have any questions concerning the Agreements or the Website, please contact us at the addresses provided in our Website.

Published 5 August 2025

Copyright © 2025 Astro Radio Sdn Bhd (199601031120 (403472-D))