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1.
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DEFINITIONS AND INTERPRETATIONS
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"Customer"
or “you” or “your” means the party who has agreed to
subscribe to or utilise the Services and/or products stated
herein and/or any person or individual accessing or utilizing
the Maxis Website and/or Services.
"Law"
means and includes the Communications and Multimedia Act,
1998, its regulations and any other relevant laws,
regulations, statutes, acts or by-laws currently in force in
Malaysia which is subject to change from time to time.
"Related
Corporations" means the related corporations as defined
under the Companies Act, 1965 and include their respective
employees and directors.
"Services"
means any functions, features, communication facilities or
facilities or services made available by MMSSB and/or its
Related Corporations from time to time used or to be used by
the Customer in connection with the Services which allows you
to make purchases by billing your wireless phone bill or
deducted from your pre-paid balance for the transactions made
by you.
"MMSSB"
means Maxis Mobile Services Sdn Bhd (73315-V), a wholly-owned
subsidiary of Maxis Berhad (867575-A) ("Maxis"), and
a company incorporated in Malaysia under the Companies Act,
1965 having its registered address at Level 18, Menara Maxis,
Kuala Lumpur City Centre, Off Jalan Ampang, 50088 Kuala Lumpur
and/or its subsidiaries licensed to provide the Services.
"Website"
means the Internet address www.maxis.com.my
and www.hotlink.com.my
including all the information and services made available
there by MMSSB and/or its Related Corporations which is
subject to change from time to time.
Unless the context
otherwise requires, words denoting the singular number shall
include the plural and vice versa and words denoting natural
person shall include corporations and partnerships.
Words denoting the
masculine gender shall include the feminine and neuter genders
and vice versa.
"Online ID"
means the email address entered which is unique to you and
allows the Website to identifies you and your account(s) when
you access the Website and/or Services"
"Password"
means the string of alphanumeric characters selected by you
which, being unique to you and known only to you, MMSSB and/or
its Related Corporation, authenticates your Online ID whenever
you access the Website and/or Services and together with your
Online ID.
"Secure
Keyword" means the string of alphanumeric characters
selected by you which, being unique to you and known only to
you, MMSSB and/or its Related Corporation, will be displayed
on screen after you have entered your Online ID. This is the
mutual authentication function used by MMSSB and/or its
Related Corporation to verify that the login page is from a
genuine MMSSB and/or its Related Corporations’ website.
"Temporary Authentication Code (TAC)"
means the unique 6 digit code that is sent via SMS to validate
your registered handphone number for verification.
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2.
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MODIFICATIONS OF TERMS AND CONDITIONS
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MMSSB and/or its Related Corporations
reserves the right to amend, modify or vary at any time
without any prior notice to the Customer, the Terms and
Conditions herein contained and the Customer shall be bound to
observe and comply with any such variation, addition or
amendment. Notice of such changes may be given to the Customer
and/or up-dated in this Website but the changes shall take
effect from the date the changes were made. The Customer is
responsible for reviewing regularly information posted online
to obtain timely notice of such changes. The Customer shall be
deemed to be apprised of and be bound by any modification by
MMSSB and/or its Related Corporations to these Terms and
Conditions. The Customer's continued use of the Website and/or
Services following the postings of any amendments,
modifications or verifications to these Terms and Conditions
constitutes acceptance of those changes.
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3.
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LINKS
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This Website and/or Services may contain
links to other websites including third party websites. The
Customer acknowledges and agrees that each of those websites
are governed by their respective terms and conditions which
the Customer agrees to abide by when using or accessing those
websites. The terms and conditions therein contained are
enforceable directly against you on their own behalf by the
respective owners of those websites. MMSSB and/or its Related
Corporations are not responsible for the condition, content
and/or information of and contained in those websites as they
are not under the control of MMSSB and/or its Related
Corporations. The link(s) from or to websites outside this
Website and/or Services are meant solely for the Customer's
convenience only and shall not be construed, expressly or
impliedly, as authorisation, endorsement, sponsorship nor any
partnership by MMSSB and/or its Related Corporations for those
websites, the products or services and/or information provided
or contained therein. The Customer shall bear all risks in
accessing these websites and in the using of the products and
services contained therein. MMSSB and/or its Related
Corporations are not responsible for any transactions the
Customer may perform on those websites.
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4.
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DISCLAIMER
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THIS WEBSITE
AND/OR THE SERVICES, INCLUDING BUT NOT LIMITED TO, AND THE
INFORMATION, NAMES, IMAGES, PICTURES, LOGOS AND ICONS
REGARDING OR RELATING TO MMSSB AND/OR ITS RELATED
CORPORATIONS, ITS PRODUCTS AND SERVICES OR TO THIRD PARTY'S
PRODUCTS AND SERVICES, IS PROVIDED ON AN "AS IS" AND
“AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR
WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED TO THE
FULLEST EXTENT PERMITTED BY LAW.
MMSSB AND/OR ITS
RELATED CORPORATIONS DISCLAIM ALL WARRANTIES RELATING TO THE
CONTENT, INFORMATION, SERVICES, PRODUCTS OR MATERIALS INCLUDED
ON THIS WEBSITE OR LINKS TO OTHER WEBSITES OR SERVICES,
INCLUDING BUT NOT LIMITED TO, ALL WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSES, TITLE,
NON-INFRINGEMENT, COMPATIBILITY, SECURITY AND/OR ACCURACY. IN
NO EVENT SHALL MMSSB AND/OR ITS RELATED CORPORATIONS, THEIR
RESPECTIVE AGENTS AND REPRESENTATIVES; SUPPLIERS, VENDORS OR
MERCHANTS WHO HAVE A PRESENCE ON THIS WEBSITE BE LIABLE TO THE
CUSTOMER 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 TORTUOUS ACTION, ARISING OUT OF OR IN
CONNECTION WITH YOUR ACCESS, USE OF OR YOUR INABILITY TO
ACCESS OR USE OF THE WEBSITE AND/OR SERVICES.
MMSSB AND/OR ITS
RELATED CORPORATIONS DO NOT WARRANT THAT THE FUNCTIONS
CONTAINED IN THE MATERIAL CONTAINED IN THIS WEBSITE OR ANY
OTHER THIRD PARTY WEBSITES WILL BE UNINTERRUPTED OR ERROR
FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE
AND/OR SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE
OF VIRUSES OR BUGS OR REPRESENTS THE FULL FUNCTIONALITY,
ACCURACY, RELIABILITY OF THE MATERIALS.
ACCESS TO THIS
WEBSITE AND/OR SERVICES IS PROVIDED ON AN "AS IS"
AND "AS AVAILABLE" BASIS. MMSSB AND/OR ITS RELATED
CORPORATIONS SHALL NOT BE LIABLE FOR AND MAKES NO EXPRESS OR
IMPLIED REPRESENTATION OR WARRANTIES OF ANY KIND IN RELATION
TO THE WEBSITE, SERVICES, PRODUCTS AND/OR SERVICES INCLUDING
BUT NOT LIMITED TO:
ALL
WARRANTIES OF SAFETY, LEGALITY, MERCHANTABILITY,
SATISFACTORY, FITNESS FOR PURPOSE, TITLE, NON-INFRINGEMENT
AND COMPATIBILITY OF THE WEBSITE, PRODUCTS AND/OR SERVICES;
THE SECURITY,
AVAILABILITY, ACCESSIBILITY, TIMELINESS, ERROR-FREE AND
UNINTERRUPTED USE OF THE WEBSITE AND/OR SERVICES;
THE SEQUENCE,
ACCURACY, COMPLETENESS, TIMELINESS OR THE SECURITY OF ANY
DATA OR INFORMATION TRANSMITTED USING THE WEBSITE AND/OR
SERVICES;
THE SEQUENCE,
ACCURACY, COMPLETENESS, TIMELINESS OR THE SECURITY OF ANY
DATA OR INFORMATION PROVIDED TO YOU.
THE ACTIONS
AND OMISSIONS OF USERS WHETHER ON THIS WEBSITE AND/OR SERVICE
OR OUTSIDE THIS WEBSITE AND/OR SERVICE;
ANY DELETION,
MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR
PERSONALISED SETTINGS;
THE INABILITY
TO USE THIS WEBSITE AND/OR SERVICE OR ANY MESSAGES RECEIVED
OR TRANSACTIONS ENTERED THROUGH THIS WEBSITE AND/OR SERVICE;
THE ACCURACY
AND RELIABILITY OF RESULTS OBTAINED FROM THE USE OF THIS
WEBSITE AND/OR SERVICE AND THAT ANY ERRORS IN THE SOFTWARE
WILL BE CORRECTED;
ANY IMPLIED
WARRANTY ARISING FROM THE COURSE OF DEALING OR TRADE; AND
ANY
OBLIGATION, LIABILITY, RIGHT, CLAIM IN TORT OR OTHERWISE.
TO THE FULL EXTENT
PERMITTED BY LAW, MMSSB AND/OR ITS RELATED COPRPORATION
DISCLAIMS ANY AND ALL SUCH WARRANTIES.
In compiling the information contained on and
accessed through this Website and/or Services ("Information"),
MMSSB and/or its Related Corporations have used its best
endeavours to ensure that the Information is correct and at
the time of publication but takes no responsibility for any
error, omission or defect therein. MMSSB, its Related
Corporations and its employees, agents and consultants exclude
all liability for any loss or damage (including indirect,
special or consequential loss or damage) arising from the use
of, or reliance on, the Information whether or not caused by
any negligent act or omission.
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5.
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UNLAWFUL OR RESTRICTED USE
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In accessing or utilising this Website and/or
Services, the Customer shall comply with and not contravene
any applicable laws of Malaysia relating to the Website and/or
Services and not to infringe any intellectual property rights
of this Website, any other sites and/or the Services. The
Customer shall not use this Website and/or Services for any
purpose that is unlawful or prohibited or in a manner which
could damage, disable, overburden or impair this Website
and/or Services or interfere with the enjoyment or use by any
other party of this Website and/or Services.
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6.
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LICENSE AND WEBSITE ACCESS
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MMSSB and/or its
Related Corporation grants you a limited license to access and
make personal use of this Website and/or Services and not to
download or modify it, or any portion of it, except with prior
express written consent of MMSSB and/or its Related
Corporation. This license does not include any resale or
commercial use of this Website and/or Services or its
contents. This license does not include any collection and use
of any product listings, descriptions or prices, data mining,
robots or similar data gathering or extraction tools. This
Website and/or Services or any portion of this Website and/or
Services including without limitation the materials used and
displayed on this Website and/or Services may not be
reproduced, duplicated, copied, sold, resold, republished,
downloaded, posted, distributed, disseminated, broadcasted,
transmitted or otherwise exploited for any commercial purpose
except for your own reference. Any other use requires the
prior written permission of MMSSB and/or its Related
Corporations. The Customer agrees not to adapt, alter or
create a derivative work from this Website and/or Services or
any portion of this Website and/or Services including without
limitation the materials used and displayed on this Website
and/or Services or any portion of this Website and/or Services
or use them for any other purpose other than for the purpose
stated in this paragraph.
The Customer may
not frame or utilize framing techniques to enclose any
trademark, logo, or other proprietary information (including
images, text, page, layout, or form) of MMSSB and/or its
Related Corporations without express consent. The Customer may
not use any meta tags or any other "hidden text"
utilizing names, logos or trademarks belonging to MMSSB and/or
its Related Corporations without express consent of MMSSB
and/or its Related Corporations. Any unauthorized use
terminates the permission or license granted by MMSSB and/or
its Related Corporations herein.
Nothing contained in this Website and/or
Services shall be construed as conferring by implication, or
otherwise, any license or right, to you or any other party,
under any patent, trademark, copyright (except as expressly
provided in the Terms and Conditions) or any proprietary
rights of MMSSB, its Related Corporations or its licensors.
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7.
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ACCESS AND USE OF THIS WEBSITE, SERVICES
AND USE OF INFORMATION
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MMSSB, its Related Corporations and their
respective agents and representatives shall not be responsible
for material submitted to MMSSB and/or its Related Corporation
or other user created pages which allow you and other users to
post information, provide feedback about MMSSB, its Related
Corporation, products and/or services and interact in real
time. Any information, suggestions, ideas, drawings, concepts,
know-how or techniques provided by, or obtained from you or
your use of this Website and/or Services shall be deemed to be
non-confidential and non-proprietary. By communicating or
transacting with MMSSB and/or its Related Corporation, you
grant MMSSB and/or its Related Corporations permission to use
any information, suggestions, ideas, drawings, concepts,
know-how or techniques communicated, for any purpose MMSSB
and/or its Related Corporations chooses, commercial, public or
otherwise without cost or compensation whatsoever to you. You
acknowledge that MMSSB and/or its Related Corporations and
their respective agents and representatives do not control the
information available on the user generated pages on this
Website and/or Services and that any opinion, advice,
statements, services, offers or other information or content
presented or disseminated from the user generated pages and/or
links from this Website and/or Services are those of their
respective authors who are solely responsible and liable for
their content.
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8.
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SYSTEM INTEGRITY
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The Customer shall not use any mechanism,
device, software or routine to interfere or attempt to
interfere with the proper working of this Website and/or
Services. The Customer shall not take action that places an
unreasonable burden or excessive load on MMSSB's and/or its
Related Corporation’s system(s). The Customer agrees not to
infect this Website and/or Services with any computer
programming routine that may damage, interfere with, delay
intercept or expropriate any system, data or personal
information. The Customer may not disclose to any third party
or share his/her password, if any, or use his/her login
credentials and password for any unauthorized purpose. MMSSB
and/or its Related Corporations shall not be liable and/or
responsible to you and/or any party for any charges incurred
as a result of the usage of the Website and/or Service through
your MSISDN number, e-mail address, username and password or
relevant other channels.
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9.
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RULES OF ACCEPTABLE USE
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The Customer
further undertakes NOT to use the Website and/or Services in a
manner that may infringe the rights of or restrict the use and
enjoyment of this Website and/or Services 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 MMSSB or
its Related Corporation’s 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 MMSSB's and/or its Related
Corporations system(s); and/or
circumventing
any user authentication or security of any host, network or
account (cracking or hacking).
MMSSB and/or its
Related Corporation reserves the right to investigate
potential abuses of the Rules of Acceptable Use and MMSSB
and/or its Related Corporation will fully co-operate with
investigations of suspected criminal violations, violations of
system or network under the leadership of law enforcement or
relevant authorities. MMSSB and/or its Related Corporation
further reserves the right to suspend or terminate the
Customer's right to access this Website and/or Services if it
is discovered that the Customer has provided MMSSB and/or its
Related Corporation with false or misleading registration or
other information or violated or attempted to violate any term
of the Rules of Acceptable Use.
MMSSB and/or its Related Corporation reserves
the rights to make modifications to the Rules of Acceptable
Use at any time by posting changes online without prior
notice. Please check these Maxis Rules of Acceptable Use
periodically for changes. The Customer's continued use of this
Website and/or Services following the posting of any changes
to the Rules of Acceptable Use constitutes acceptance of those
changes.
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10.
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LIMITATION OF LIABILITY
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MMSSB and/or its
Related Corporations takes no responsibility for the accuracy
or validity of any claims, or statements contained in the
information, documents and related graphics on the Website
and/or Services. Further MMSSB, its Related Corporations,
and/or its agents and representatives makes no representations
about the suitability of any of the information contained in
the document and related graphics on the Website and/or in
respect of the Service for any purpose. All such documents,
information and related graphics are provided without warranty
of any kind either express or implied, including but not
limited to implied warranties of merchantability and fitness
for a particular purpose, title, non-infringement, security or
accuracy.
MMSSB, its Related
Corporations and/or its agents and representatives shall not
be liable for any loss or any damages sustained or incurred by
you and/or any other party by reason of any disclosure,
inadvertent or otherwise in any information concerning the
Customer's account particulars. Neither shall MMSSB, its
Related Corporations and/or its agents and representatives be
liable for any error, omission or inaccuracy with respect to
any Information and/or information provided or made available
on the Website, Services, products and services and/or related
links.
The Customer shall
be solely responsible for ensuring that in using the Website
and/or Services, all applicable laws, rules and regulations
for the use of any communications systems, service or
equipment shall be at all times be complied with. MMSSB and/or
its Related Corporations makes no representations about the
suitability of any of the Information and/or information
contained on the Website, Services and and/or related
links.
MMSSB and/or its Related Corporation, its agents and
representatives and its suppliers (including but not limited
to software or content suppliers or logistics partners)
(hereinafter collectively referred to as "Suppliers")
shall not be liable to you or any other party for any loss,
damage, expenses or liability (including consequential loss or
damage), loss of business, revenue or profits suffered or
incurred by you or any other party which arise:-
from
circumstances beyond any of MMSSB’s and/or its Related
Corporation’s and/or the Suppliers' control or from your
acts, omission, default, negligence or fraud;
from our
deletion or failure to store any messages or other
communications maintained or transmitted through and/or by
the Website and/or Services;
directly or
indirectly in respect of the Website and/or Services or any
failure or omission by MMSSB and/or its Related Corporation
to comply with any of these Terms and Conditions.
If any claim arising out of, or in connection
with the relationship established by these Terms and
Conditions result in any of MMSSB and/or its Related
Corporation, its agents and representatives or the respective
agents and representatives of MMSSB and/or its Related
Corporation becoming liable for any loss or damage not capable
of exclusion under these Terms and Conditions, then MMSSB
and/or its Related Corporation, its agents and representatives
and the respective agents and representatives of MMSSB and/or
its Related Corporation’ total liability for such loss is
limited to Ringgit Malaysia One Hundred (RM100.00) only.
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11.
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COLLECTION AND USE OF PERSONAL INFORMATION
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You acknowledge
that MMSSB and/or its Related Corporation will collect, use
disclose and otherwise process personal information about you
in connection with your use of the Website and the Services as
set out in the Maxis Privacy Statement. The current version of
the Maxis Privacy Statement is available at
http://new.maxis.com.my/en/privacy-statement.html.
MMSSB and/or its
Related Corporations may update the Maxis Privacy Statement
from time to time. When it changes the Maxis Privacy Statement
in a material way, it will post notice of this at
http://new.maxis.com.my/en/privacy-statement.html and will
also attempt to notify you directly using either email, SMS or
post.
You will be deemed to have consented to the use
of your personal information in the manner set out in the
Maxis Privacy Statement by submitting your personal
information and using the Website and/or Services.
We shall not be responsible for any data/
information, including any of your personal information that
you share through any communication or interaction with any
third party, including any advertisers, as a result of your
access and use of the Website and/or Services. Please read the
terms and conditions and privacy policy of such third party
carefully prior to using their service or sharing any personal
information.
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12.
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AUTHENTICATION
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If the Customer
uses this Website and/or the Services, the Customer will be
required to enter his/her Online ID and Password every time
he/she accesses this Website and/or Services. The Customer is
responsible for maintaining the confidentiality of the
Customer's Online ID, Secure Keyword, TAC, Password and/or
user authentication and for restricting access to the
Customer's computer and/or devices, and the Customer agrees to
accept responsibility and liabilities for all activities that
occur under the Customer's Online ID, Secure Keyword, TAC,
Password and/or user authentication. The Customer undertakes
to observe all security measures prescribed by MMSSB and/or
its Related Corporations concerning his/her Online ID, Secure
Keyword, TAC, Password and/or user authentication or generally
in respect of the use of this Website. The Customer may be
required to register and provide personal details in order to
access certain Services and/or Website. In such circumstances,
the Customer may be required to enter his/her Online ID,
Secure Keyword, TAC, Password and/or user authentication every
time the Customer accesses the Service and/or Website (as the
case may be). The Customer is responsible for maintaining the
confidentiality of his/her Online ID, Secure Keyword, TAC,
Password and/or user authentication and for restricting access
to his/her computer and/or device, and the Customer agrees to
accept responsibility and liabilities for all activities that
occur under his/her Online ID, Secure Keyword, TAC, Password
and/or user authentication. Should the Customer have any
reason to believe that his/her Online ID, Secure Keyword, TAC
and/or Password has been misused and/or compromised whether by
theft, fraud or otherwise, the Customer shall inform MMSSB or
its Related Corporations immediately after he/she becoming
aware of the same.
MMSSB and/or its
Related Corporation shall not be liable for any loss or damage
which the Customer and/or any third party may suffer and/or
incur as a result of instructions or transactions transmitted
via this Website and/or Services after successful usage of the
Customer's Online ID, Secure Keyword, TAC, Password and/or
user authentication whether or not such usage was authorized
by the Customer.
The Customer shall
keep MMSSB and/or its Related Corporations fully indemnified
against all loss and/or damage which MMSSB and/or its Related
Corporations suffer(s), incur(s) or may suffer or incur in
connection thereof, whether directly or indirectly due to
usage of his/her Online ID, Secure Keyword, TAC, Password
and/or user authentication whether by himself/herself or any
third party, authorized or otherwise.
MMSSB and/or its
Related Corporations reserves the right to invalidate or
suspend the Customer's Online ID and/or Password at any time
without being obliged to offer the Customer any explanation or
prior notice. MMSSB and/or its Related Corporations shall not
be liable for any loss and/or damage which the Customer may
suffer as a result of such invalidation and/or suspension.
MMSSB and/or its Related Corporations
reserves the right to discontinue the Online ID, Secure
Keyword, TAC, Password and/or user authentication accessing
system with respect to this Website and/or Services at any
time, without being obliged to offer you any explanation or
prior notice. MMSSB and/or its Related Corporations shall not
be liable for any loss and/or damage which the Customer and/or
any other party may suffer and/or incur as a result of such
discontinuation.
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13.
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TERMINATION AND SUSPENSION
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MMSSB and/or its
Related Corporations reserves the right to modify for legal,
regulatory, technical or any reason whatsoever or discontinue
(temporarily or permanently) this Website and/or Services at
any time and from time to time with or without notice. Where
reasonable and practical, advance notice would be given. The
Customer agrees that MMSSB and/or its Related Corporations
shall not be liable to the Customer or to any other party for
such modification, suspension or discontinuance of this
Website and/or Services.
MMSSB and/or its
Related Corporations reserves the right with notice, to
terminate the Customer's access to or use of this Website
and/or Services for any reason including but not limited to
violation of any terms of these Terms and Conditions and/or
lack of use of this Website and/or Services. The Customer
agrees that MMSSB and/or its Related Corporations shall not be
liable to the Customer or any other party for any termination
of the Customer's access to or use of this Website and/or
Services.
MMSSB and/or its
Related Corporations shall not be liable for any failure to
perform its obligations herein cause by an act of God,
insurrection or civil disorder, military operations or
terrorism, all emergencies, acts or omission of Government or
any competent authority, industrial disputes of any kind,
fire, lightning, explosion, flood, acts or omission of persons
or bodies for whom MMSSB and/or the Related Corporations has
no control over or any cause outside MMSSB's and/or the
Related Corporations' reasonable control.
You agree that MMSSB and/or its Related
Corporation has no responsibility or liability for the
deletion or failure to store any messages, pictures and/or
other communications or other content maintained or
transmitted. You acknowledge that MMSSB and/or its Related
Corporations reserve the right to log off accounts that are
inactive for a period exceeding 3 months.
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14.
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INDEMNITY
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By accessing and using the Website and/or
Services, the Customer undertakes and agrees to indemnify,
save and hold harmless MMSSB and/or its Related Corporations
at all times against all actions, claims, proceedings, costs,
losses and damages whatsoever and howsoever suffered and/or
incurred including but not limited to libel, slander or
infringement or copyright or other intellectual property
rights or death, bodily injury or property damage and
howsoever arising which MMSSB and/or its Related Corporations
may sustain, incur or pay or as the case may be, which may be
brought or established against MMSSB and/or its Related
Corporations by any person whomsoever or entity arising out of
or in connection with or by reason of the operation, provision
or use of the Website and/or Services, by reason of or
pursuant to these Terms and Conditions and/or which are
attributable to the act, omission, willful misconduct, fraud
or neglect of the Customer, its servants or agents and/or any
party authorised by you.
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15.
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CONTENT AND USER CONDUCT
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By accessing and
using the Services, you hereby accept without limitation or
qualification, that you may need to have an account with a
third party website and/or application, and you shall comply
with all applicable laws in relation to the use of the
Services. MMSSB and/or its Related Corporations may implement
spend limits and/or transaction limits . Such limit may cause
temporary suspension of your use of the Service once such
limit has been reached.
You understand and
agree that you are responsible for any content that you post
or transmit on or through the Website and/or Services.
You agree not to
cause, nor knowingly allow others to cause, any nuisance,
annoyance, or inconvenience, whether to MMSSB and/or its
Related Corporations or any of its customers or users of the
Website and/or Services by any means.
You agree to use
the Website and/or Services in a manner consistent with all
applicable laws and regulations.
You agree to not
use the Website and/or Services to post, transmit, distribute,
link to, or solicit content that:
contains any
advertising and promotional message;
violates or
infringes any laws, regulatory requirements or codes;
infringes or
violates any copyright, trademark or any other intellectual
property, personal or proprietary rights of any person, or
violates any obligation of confidence or any other
proprietary right;
contains any
obscene, offensive, defamatory or otherwise actionable
material;
undermines
the security or integrity of the site, including without
limitation by importing any viruses, Trojan horses, time
bombs or other disabling devices intended to detrimentally
interfere, damage, surreptitiously intercept or expropriate
such equipment, systems or networks;
contains any
errors, whether technical or otherwise; or
contains any
material in any form that would otherwise render MMSSB and/or
its Related Corporations liable or expose MMSSB and/or its
Related Corporations to any proceedings whatsoever.
You agree to not
use any robot, spider, or other automatic or manual device or
process to monitor or copy our web pages or any portion of the
content contained herein without express written permission
from MMSSB and/or its Related Corporations.
You agree to not
use any device, software or routine to interfere or attempt to
interfere with the proper working of the website, or to impose
an unreasonable or disproportionately large load on the
servers serving the Website and/or Services.
If MMSSB and/or
its Related Corporations is of the view that there has been a
contravention of these terms and conditions, MMSSB and/or its
Related Corporations reserves the right to terminate and/or
suspend your access and usage of the Website and/or Services.
MMSSB and/or its
Related Corporations shall have the right (but not the
obligation) in its sole discretion to monitor, refuse or
remove any content that is available via the Website and/or
Services. Without limiting the foregoing, MMSSB and/or its
Related Corporations shall have the right to remove any
content that violates these Terms or is otherwise
objectionable.
You agree to grant to MMSSB and/or its
Related Corporations a non-exclusive, royalty-free, worldwide,
perpetual license, with the right to sublicense, reproduce,
distribute, transmit, create derivative works of, publicly
display and publicly perform any materials and other
information (including, without limitation, ideas contained
therein for new or improved products and services) you submit
to public areas of the Website and/or Services by all means
and in any media now known or hereafter developed. You also
grant to MMSSB and/or its Related Corporations the right
(though you acknowledge and agree that MMSSB and/or its
Related Corporations shall not be so obliged) to use your name
in connection with the submitted materials and other
information as well as in connection with all advertising,
marketing and promotional material related thereto. You agree
that you shall have no recourse against MMSSB and/or its
Related Corporations for any alleged or actual infringement or
misappropriation of any proprietary right in your
communications to us.
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16.
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INTELLECTUAL PROPERTY RIGHTS
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The Website and/or
Services and its contents including but not limited to
Information, information, text, graphics, images, sounds,
logos, button icons, audio clips, and software on or available
through the Website and/or Services are owned or controlled
for these purposes by MMSSB, its Related Corporations, its
content suppliers and/or third party licensors and are
protected by copyright, trademarks and other laws. All rights
thereto are reserved. You may view the Website and/or Services
and its contents using your web browser and save an electronic
copy, or print out a copy, of parts of this Website and/or
Services solely for your own information.
Except as provided
in the foregoing, MMSSB and/or its Related Corporations does
not grant the Customer or any person any right to use,
reproduce, copy, modify, transmit (including broadcast),
display, publish, sell, license, create derivative works,
publicly perform, or distribute by any means, method, or
process whatsoever, now known or hereafter developed, any of
the content of the Website and/or Services on or transmitted
through this Website and/or Services, including without
limitation by transferring, downloading or otherwise copying
any content onto any disk drive or other storage medium.
You may not
modify, translate, decompile, disassemble, reverse engineer or
otherwise attempt to derive the source code for the computer
systems and other technology that operate the Website and/or
Services or create derivative works based on the Website
and/or Services. For purposes of these Terms and Conditions,
"reverse engineering" shall include the examination
or analysis of the Website and/or Services to determine the
source code, structure, organization, internal design,
algorithms or encryption devices/items of the Website's and/or
Services’ underlying technology. You agree not to circumvent
any technology used by MMSSB, its Related Corporations and/or
its licensors to protect content accessible via the Website
and/or Services.
Any use of the
content of the Website and/or Services, except as specifically
permitted in these terms and conditions or as otherwise
expressly permitted in the content or in writing signed by
MMSSB and/or its Related Corporation, is strictly prohibited.
The compilation
(including but not limited to the collection, arrangement, and
assembly) of all content on the Website and/or Services is the
exclusive property of MMSSB, its Related Corporation, content
suppliers and/or third party licensors and are protected by
copyright and/or all applicable intellectual property laws or
other laws. All software used on this Website and/or Services
is the property of MMSSB, its Related Corporations or its
software suppliers and protected by copyright and/or all
applicable intellectual property laws or other laws.
Your access to
and/or use of the Website and/or Services shall not be
construed as granting, by implication, estoppel or otherwise,
any license or right to use the trademarks, tradenames, logos
or service marks appearing on the Website and/or Services
without MMSSB and/or its Related Corporations’ prior written
consent. You may not, without MMSSB and/or its Related
Corporations’ prior written consent, use any of such
trademarks, tradenames, logos or service marks as a hyperlink
to the Website, Services or any other website.
Maxis, Hotlink, maxis.com.my and/or any other
website trademarks and service marks are the property of
MMSSB, MBSB and/or its Related Corporations ("Marks").
Without prior written permission from MMSSB and/or its Related
Corporations, you agree not to display and/or use the Marks in
any manner whatsoever.
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17.
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TRADEMARKS
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All rights reserved. The Website and/or
Services includes registered trademarks which are the subject
of pending applications or which otherwise protected by law
including without limitation images and text such as "Maxis",
"Activate Your Life", "Hotlink", "Maxis
Mobile", "Maxis One Club", and the Maxis,
Hotlink, Maxis Mobile and Maxis One Club logos. Unless
otherwise indicated, they are owned and controlled by MMSSB
and/or its Related Corporations for these purposes and are
protected by intellectual property rights. Such trademarks and
service marks may not be used except as permitted in these
Terms and Condition or with specific written permission from
MMSSB and/or its Related Corporations, as the case may be. The
Website and/or Services may also contain the trademarks of
content suppliers and electronic commerce merchants which are
protected by law, and you may not use these trademarks and
service marks, at all times and for whatsoever reasons.
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18.
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THIRD PARTY SERVICES, POSTINGS AND
HYPERLINKS
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This Website
and/or Services may contain hyperlinks to other websites or
may require the use of other applications which are neither
maintained nor controlled by MMSSB and/or its Related
Corporations, or may contain content posted on or via the
website and/or applications by third parties and your use of
such website and/or applications may be subjected to further
terms and conditions imposed by such third parties. Therefore,
MMSSB and/or its Related Corporations shall not be responsible
for any errors or omissions in any content in the website,
application or the content, products or services of any
applications, hyperlinked website or any hyperlink contained
in a hyperlinked website, nor for the privacy and security
practices employed by these other website and/or applications
and shall not be liable for any loss or damage of any kind
incurred as a result of the use of any content posted or
contained in e-mails or otherwise transmitted or displayed via
the website and/or application, or arising from access to
those websites and/or application or unauthorized transactions
made through such applications and/or websites. All disputes
and/or refunds relating to any transactions made through such
applications and/or websites should be referred to the third
party maintaining, operating or controlling such applications
and/or websites or the third party providing the content,
products or services made available through such third party
applications and/or websites. All disputes and/or refunds may
be subjected to further terms and conditions imposed by such
third parties. Use of the Website and/or Services and any
applications and/or hyperlinks and access to such applications
and/or hyperlinked websites are entirely at your own risk. For
clarity, you are responsible to protect your accounts and
password(s) required to access such applications and/or
websites or to authorise transactions made over such
application and/or websites.
You acknowledge
that MMSSB and/or its Related Corporations has no control over
and excludes all liability for any material on the Internet
which can be accessed by using the Website and/or Services.
Neither can we be deemed to have endorsed the content.
You
agree that caching, hyperlinking to, and framing of the
Website and/or Services or any of the contents are strictly
prohibited.
MMSSB and/or its Related Corporations
reserves all rights to disable any links to, or frames of any
site containing inappropriate, profane, defamatory,
infringing, obscene, indecent or unlawful topics, names,
material or information, or material or information that
violates any written law, any applicable intellectual
property, proprietary, privacy or publicity rights.
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19.
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AVAILABILITY
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MMSSB and/or its
Related Corporations may change, suspend, or terminate all or
any part of usage of the Website and/or Services, the access
or availability of the products, services, Website, Services
and/or links, at any time, with or without reason. You
acknowledge that the operation of the Website and/or Services
may from time to time encounter technical or other problems
and may not necessarily continue uninterrupted or without
technical or other errors and MMSSB and/or its Related
Corporations shall not be responsible to you or others for any
such interruptions, errors or problems or an outright
discontinuance of the Website and/or Services or the specific
product or services website/link.
Any such change,
suspension or termination shall include, but is not limited
to, any one or more of the following:
requests made
or imposed by law enforcement and/or other government
agencies
discontinuance
of the Website and/or Services (or any part thereof)
unexpected
technical or security issues or interruption, disruption or
congestion problems
your
engagement in fraudulent and/or illegal activities
your access
or use in connection with or for the purposes of any
activities which would or may cause any irritation,
annoyance, embarrassment, harassment, disturbance or nuisance
of any kind whatsoever to or otherwise be prejudicial to the
interests of MMSSB and/or its Related Corporations or any
person and/or your breach any of these Terms and Conditions
you have
perpetrated a fraud on the Website and/or Services or
conducted yourself in a manner which may result in
perpetrating (or which, in the opinion of MMSSB and/or its
Related Corporations, constitutes an attempt to perpetrate) a
fraud on MMSSB and/or its Related Corporations, the Website
and/or Services,
MMSSB and/or its Related Corporations shall
not be liable to you or any third-party for any termination
made in MMSSB and/or its Related Corporations’ sole
discretion.
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20.
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MISCELLANEOUS
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Prices for the
content, products and/or services available on third party
applications and/or websites are determined by such third
parties and/or their vendors and are subject to adjustment or
taxes or currency exchange rates determined by them.
In the event
service tax and goods and services tax (“GST”) is
applicable to the Services, MMSSB and/or its Related
Corporations is entitled to charge the services tax or GST
payable to the government on the Service.
The Customer
agrees that this Website and/or Services shall only be used
for lawful purposes. If the Customer is dissatisfied with this
Website, Services and/or the Terms and Conditions, rules,
policies, guidelines or practices of MMSSB and/or its Related
Corporations in operating this Website and/or Services, the
Customer's sole and exclusive remedy is to discontinue using
this Website and/or Services.
In the event of
any conflict between the Terms and Conditions herein contained
and the rules and/or specific terms appearing on this Website
and/or with regards to the Services relating to the specific
material, the latter shall prevail.
These Terms and
Conditions shall have effect only to the extent not forbidden
by law. For avoidance of doubt, it is hereby agreed and
declared in particular, but without limitation, that nothing
herein shall be construed as an attempt to contract out of any
provisions of the Consumer Protection Act 1999, if and where
the said Act is applicable.
No delay or
indulgence by MMSSB and/or its Related Corporations in
enforcing any term or condition of these Terms and Conditions
nor the granting of time by MMSSB and/or its Related
Corporations to you shall prejudice the rights or powers of
MMSSB and/or its Related Corporations nor shall any waiver by
MMSSB and/or its Related Corporations of any breach constitute
a continuing waiver in respect of any subsequent or continuing
breach.
In the event any
terms or conditions in this Website and/or Services are found
to be unlawful or illegal, such term or condition shall be
excluded and such exclusion shall not affect the
enforceability, legality and lawfulness of this Website in any
way.
This Website,
Services, provision of the products and services and these
Terms and Conditions are governed by the laws of Malaysia. The
Customer hereby consents to the exclusive jurisdiction and
venue of the courts in Malaysia in all disputes arising out of
or relating to the use of this Website and/or Services and in
relation to provision of the products and services. Use of
this Website and/or Services are unauthorised in any
jurisdiction that does not give effect to all provisions of
these terms and including without limitation this paragraph.
If any part of this Website and/or Services are determined to
be invalid pursuant to applicable law including, but not
limited to, the warranty, disclaimers and liability
limitations set above, then the invalid or unenforceable
provision(s) will be deemed superseded by a valid, enforceable
provision most closely matching the intent of the original
provision and the remainder of these Terms and Conditions
shall continue in full effect.
MMSSB and/or its
Related Corporation makes no representations that the content
of this Website and/or Services complies with any laws outside
of Malaysia. MMSSB and/or its Related Corporation bears no
responsibility for the access of this Website and/or Services
outside of Malaysia. If you access the Website and/or Service
outside of Malaysia, you do so at your own risk and are
responsible for ensuring compliance with all laws in the place
where you are located.
The Customer must
also:
cease to
utilize the Services and/or Website or any part thereof for
such period as may be required by MMSSB and/or its Related
Corporations.
not use the
Website and/or Services to cause embarrassment, distress,
annoyance, irritation or nuisance to any person.
comply with
all notices or directions relating to the Customer's use of
the Services and Website as MMSSB and/or its Related
Corporations may see fit to issue from time to time or if
MMSSB and/or its Related Corporations has/have reason or
cause to suspect that you are not complying with your
responsibilities and obligations under these terms and
conditions.
at all times keep the personal
identification, Online ID and
Password created
confidential and not release their Online ID and Password to
any person.
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