Terms and Conditions

Last updated: August 07, 2024

Please read these terms and conditions carefully before using Our Service.

About Us

Welcome to the APHD App and aphd.app (the "Services") operated by APHD ("we," "us," or "our"). By accessing or using our Services, you agree to be bound by these Terms of Use. If you do not agree to these terms, please do not use our Services. APHD App is a subscription OTT app, APHD app has a content library spanning genres like Geopolitics, History, Economy, and many more. APHD app offers shows for audiences across the globe, with different choices and preferences, offering the mobile app .

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

• Application means the software program provided by the Company downloaded by You on any electronic device, named APHD app
• Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.
• Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
• Country refers to: Malaysia
• Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to APHD, Selangor, Malaysia.
• Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
• Service refers to the Application or the Website or both.
• Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service. This Terms and Conditions agreement has been created with the help of the Terms and Conditions Generator.
• Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
• Website refers to APHD app, accessible from https://aphd.app
• You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company 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 the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Terms of Use

User Agreement governs Your access of the Services and any features, branding, data, message, text, image, photographs, graphics, audio, sound, voice, codes, computer programmes, software, database, service information, any form of content. as well as the interactive elements/features etc. that you utilize and host, publish, share, transact, display, upload and/or engage with in course of accessing and using the Services, including AVOD and SVOD.

Service is offered and made available only to Users above the age of 16 years. By accessing and using the Services, you agree to the Age Suitability Terms. Access to and use of the Services is conditioned on your acceptance of and compliance with the User Agreement with Age Suitability Terms Privacy Policy. By accessing or using the Services you agree to be bound by the User Agreement. We may also use YouTube API Services/SDK or any third-party API services/SDK in some of our products as permitted under the terms of YouTube policies, that means if you are using a APHD app service which makes use of YouTube APIs/SDK or any third-party API/SDK services, then you are agreeing to the YouTube Terms of Service/Use or such or any third-party Terms of Service/Use as well followed by this User Agreement. Please note that YouTube or third - party Terms of Service/Use, inter alia, clearly requires the user to ensure that any content so uploaded does not infringe the intellectual property rights of third parties.

Subscription Fee And Subscription Term

After successful creation of the Account, You will be required to pay a subscription fee for accessing the applicable service in the territory where You reside, depending on one or more of the subscription packages options as made available by APHD app from time-to-time (“Subscription Fee”). The Subscription Fee specified for each Subscription plan is inclusive of applicable taxes. You will be required to pay the Subscription Fee through the App purchases from Apple store or through other modes as prescribed or may be available. On successful completion, You will become active and You will be granted access to the Service. In certain cases, post completion of the payment of the Subscription Fee, Your Service activation may be delayed due to operational and/or technical reasons.

Terms For Billing, Payment And Cancellation

The Subscription Fee will be billed as per Your selected Payment Method for the subscription plan selected by You at the beginning of Your Subscription Term and on each subsequent renewal automatically (as per the subscription plan chosen by You) unless and until You cancel the Service, or the Service is otherwise suspended or discontinued pursuant to this User Agreement.

To view/ check the commencement date for Your next renewal period or to cancel the Service, you need to visit the "Account" section on Your profile page. It may take a few days for Your payment made to APHD app to be reflected in Your "Account" section. "Payment Method" shall mean all the approved methods as available to the Users to process and facilitate the payment of the Subscription Fee for accessing the Subscription Services. You shall be governed by the Terms of Use and Privacy Policy of the third-party payment gateways / service providers, engaged to process and facilitate the payment of the Subscription Fee for accessing the Subscription Services.

Refund Policy

Last Updated: August 3, 2024

Thank you for subscribing to the APHD App and aphd.app (the "Services") operated by APHD Channel ("we," "us," or "our"). We appreciate your support and strive to provide the best possible experience. Please read our refund policy carefully before making any subscription purchase.

No Refunds

All payments made for subscriptions to our Services are non-refundable. This includes, but is not limited to, subscription fees, taxes, and any other charges associated with your subscription.

Cancellation of Membership

You may cancel your subscription at any time. Cancellation will take effect at the end of the current billing cycle. After cancellation, you will continue to have access to the Services until the end of your current billing period. No refunds will be provided for any unused portion of the subscription period.

How to Cancel

To cancel your subscription, please follow these steps:

1. Via the APHD App:
• Open the APHD App.
• Go to the "Account" or "Settings" section.
• Select "Manage Subscription" or "Cancel Subscription."
• Follow the prompts to confirm your cancellation.
2. Via the Website (aphd.app):
• Log in to your account on aphd.app.
• Navigate to the "Account" or "Subscription" section.
• Select "Manage Subscription" or "Cancel Subscription."
• Follow the prompts to confirm your cancellation.

Confirmation of Cancellation

After you cancel your subscription, you will receive a confirmation email at the address associated with your account. Please retain this confirmation for your records.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.

Intellectual Property Rights

For the purpose this User Agreement, the terms "Intellectual Property Rights" shall mean all patents, trademarks, service marks, copyrights, database right, trade names, brand names, trade secrets, design rights and similar proprietary rights of APHD app and/or its licensors and/or other respective owners, whether registered or unregistered and all renewals and extensions.

The rights, title and interest in the Intellectual Property Rights in the Service including without limitation all its constituents, content, features, functions, text, images, audios, audio-visuals, literary work, artistic work, musical work, computer programme, dramatic work, sound recording, cinematograph film, artistic work, literary work, musical work, a video recording, gaming elements/content performance and broadcast as defined under the applicable laws, specifications, instructions, abstracts, summaries, audio commentaries/content, copy sketches, drawings, artwork, software, source code, object code, comments on the source code and object code, domain names, application names, designs, database, tools, icons, layout, programs, titles, names, manuals, graphics, animation, games, applications, user interface instructions, photographs, artist profiles, illustrations, jokes, memes, contests, gaming elements/content, interactive elements and all other elements, data, information and any other content/materials are the property of APHD app and/or its licensors and/or other respective owners and are protected, without limitation, pursuant to relevant Intellectual Property Rights laws of Singapore and the world. APHD app retains full, complete and absolute title to the Service and all Intellectual Property Rights therein.

The Service including any Content thereon shall be deemed to be non-exclusively licensed to You by us only for Your non-commercial personal use and only for such period as we may, in our sole discretion, deem appropriate. You shall not use, reproduce, redistribute, sell, offer on commercial rental, decompile, reverse engineer, disassemble, adapt, communicate to the public, make a derivative work, interfere with the integrity of the Service (including without limitation the software, coding, constituents, elements, Content, etc.) in any manner whatsoever.

You expressly confirm not to, directly or indirectly, copy, reproduce, modify, edit, re-edit, amend, alter, vary, enhance, improve, upgrade, create derivative works, translate, adapt, abridge, delete, display, perform, publish, distribute, circulate, communicate to the public, disseminate, broadcast, transmit, sell, rent, lease, lend, assign, license, sub-license, disassemble, decompile, reverse engineer, market, promote, circulate, exploit, digitally alter or manipulate the Service and/or any parts thereof (including any and all Materials therein) (in whole or in part) in any manner, medium or mode now know or hereinafter developed.

Copyright Policy

APHD app respects the intellectual property rights of others and expects Users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that any Content has been copied in a way that constitutes copyright infringement, please contact us by email support@aphd.app

Fair Use Policy for External Footage

At APHD app, we are committed to providing high-quality documentary content to our audience. As part of our effort to explain complex situations and provide comprehensive coverage, we may occasionally use footage from third-party sources. This policy outlines our approach to using such external content under the principles of "fair use."

Purpose and Character of Use

• Transformative Use: Our use of third-party footage is intended to be transformative, adding new expression or meaning to the original work through commentary, criticism, research, or education.
• Non-Commercial Use: Although APHD app operates on a subscription model, our use of external footage is primarily for informational and educational purposes, not for direct commercial gain.

Nature of the Copyrighted Work

• We consider the nature of the copyrighted material and typically use footage that is factual rather than creative, as factual content is more likely to be considered fair use.

Amount and Substantiality

• We use only the amount of footage necessary to achieve our informative and educational goals. This often means using short clips or excerpts rather than long segments, ensuring that our use is proportionate and appropriate to the context.

Effect on the Market

• Our use of third-party footage is not intended to replace the original work. Instead, it serves to complement and enhance our own content. We strive to ensure that our use does not adversely affect the market value of the original footage.

Attribution and Acknowledgment

• We provide proper attribution to the original creators of the footage wherever possible. This includes crediting the source in our video descriptions, on-screen text, or end credits.

Dispute Resolution

• If you believe that your copyrighted work has been used in a way that constitutes copyright infringement and falls outside the scope of fair use, please contact us directly at support@aphd.app. We are committed to addressing any concerns promptly and resolving disputes amicably.

Compliance and Updates

• APHD Channel adheres to all relevant copyright laws and guidelines. This policy may be updated periodically to reflect changes in law or our business practices. The latest version will always be available on our website and app.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which You are resident.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

• By email: support@aphd.app
• By visiting this page on our website: https://aphd.app
• By phone number: +601158756271