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By accessing and using this website ("Website"),
its content and the Service (as hereinafter defined)
you accept without limitation or qualification, all of
these Terms and Conditions which take effect on the date
which you first use the Website, its content and the
Service. Maxis reserves the right to change these terms
and conditions at any time by posting changes online
without prior notice. You are responsible for reviewing
regularly information posted online to obtain timely
notice of such changes. By using this Website, its content
and the Service you agree in advance to accept any changes.
All references to Maxis in these Terms and Conditions
other than the reference to the word Maxis as a trademark
in the Trademark Notice below shall mean Maxis Broadband
Sdn Bhd (234053-D) and/or Maxis Mobile Sdn Bhd
(229892-M).
If you do not agree to these Terms and Conditions, please DO
NOT use the Website, its content and the Service.
The service allows you to preview and download via your Short
Message Service ("SMS") ringtones, operator logos, caller group
icons, picture messages, screen savers, SMS games and text-based
pull and push services such as "waktu solat", "doa harian", "kata
hikmah" and "hadith" etc. ("Item(s)") on to your download-compatible
mobile phone at the price specified by Maxis to you ("Service")
from time to time.
Please be informed that you will be charged 15 sen per SMS
Request for download of Item onto your mobile phone. For downloads
of ringtones and graphics, there will be an additional charge
upon delivery of the same. Please check against the specific
download for the price.
If the mobile phone does not belong to you or if someone else
is paying the mobile phone bill please obtain that person's
consent prior to using the same.
You hereby agree to promptly pay all amounts due to Maxis as
reflected in your official monthly bill statement and for all
charges whatsoever for occasioned by the use of the Service
irrespective of whether the such charges were authorized by
you or has arisen from any other causes whatsoever. Your order
details will be furnished to you in the said official monthly
bill statement.
Please be informed that to use the Service, there is no registration
required at this time. However, registration may be required
in the future.
You will need to provide all mobile phone equipment required
to use the Service and you will be liable to pay Maxis Mobile
Sdn Bhd (229892-M) for all costs incurred using the
Service.
You will need to provide all equipment necessary to access
the Website, its content and the Service on the World Wide
Web and be liable for payment for the telephone call charges
at the rates published by the telephone operator with whom
you make your calls.
This Service is only available to Maxis post-paid mobile and
prepaid mobile services subscribers respectively.
By using the Service you confirm that you understand that your
mobile phone must support the Item download function for the
Service to operate. For the purpose of downloading ringtones,
your mobile phone must support the Nokia Smart Messaging Standard.
If you are unsure whether your mobile phone supports the Nokia
Smart Messaging Standard, please consult your mobile phone
handbook or check the Nokia website at www.nokia.com. Maxis
cannot be held responsible should you attempt to download an
Item onto an incompatible phone and you will be charged regardless.
To discover whether your mobile phone can support the Nokia
Smart Messaging Standard, you may also refer to the Phone Compatibility
Guide on the Website.
After receiving your download request via SMS, Maxis will send
the Item to the given telephone number. If your download request
via SMS is insufficient or incorrect or if Maxis for any other
reason considers it necessary, Maxis has the right to decline
to send the Item without further notice to you.
Maxis shall not be liable in any way for failures, defects
or delays in the delivery of the Item, which are caused by
one or more of the following reasons:
- your phone does not support the Nokia Smart Messaging
Standard (for download of ringtones),
- your phone does not support SMS,
- your phone is out of range or for some other reason cannot
be reached, or
- some other failure which is not due to Maxis occurs in
communication or otherwise.
You are responsible for all charges incurred if you accidentally
erase, replace or delete one of the Items by receiving another
Item or otherwise.
Maxis reserves the right to cancel, withdraw, terminate or
suspend the Website, its content and the Service for any reason
whatsoever at its sole discretion without notice to you. You
agree that Maxis shall not be liable to you or to any other
party for such cancellation, withdrawal, termination or suspension.
This Website, its contents and the Service including but not
limited to text, graphics, images, logos, button icons, audio
clips, and software are owned or controlled for these purposes
by Maxis or its content suppliers and are protected by copyright,
trademarks and other laws. The compilation (meaning the collection,
arrangement, and assembly) of all content on this Website and
the Service are the exclusive property of Maxis or its content
supplier and protected by copyright. All software used on this
website is the property of Maxis or its software suppliers
and protected by copyright.
This Website and its content includes registered trademarks
and trademarks which are the subject of pending applications
or which are otherwise protected by law.
You may not use such trademarks or names, except as permitted
in these Terms and Conditions or otherwise with the lawful
owner's prior written permission.
This Website, its content and the Service may also contain
the trademarks of content suppliers which are protected by
law, and you may not use these trademarks.
Nothing contained in this Website, its content and the Service
shall be construed as conferring by implication, estoppel or
otherwise, any license or right under any patent, trademark,
copyright (except as expressly provided in these Terms and
Conditions) or any proprietary rights of Maxis or its licensors.
The materials used and displayed on this Website, its content
and the Service may not be copied, reproduced, republished,
downloaded, posted, distributed, disseminated, sold, published,
broadcast or transmitted in any way except for your own personal
non-commercial use. Any other use requires the prior written
permission of Maxis. You agree not to adapt, alter or create
a derivative work from any of such materials or use them for
any other purpose other than for your personal non-commercial
use. You agree to use this Website, its content and the Service
only for lawful purposes, and in a manner which does not infringe
the rights of, or restrict or inhibit the use and enjoyment
of this Website, its content and the Service by any third party.
Such restriction or inhibition includes, without limitation,
conduct which is unlawful, or which may harrass or cause distress
or inconvenience to any person. You will be responsible for
and indemnify and hold harmless Maxis, its related and affiliated
corporations, and their respective agents and representatives
against any claim arising from any unlawful use of this Website,
its content and the Service by you.
This Website may contain links to third party sites. Maxis,
its affiliated and related corporations are not responsible
for the condition or content of those sites as they are not
under Maxis', its related or affiliated corporations' control.
The link(s) are provided solely for your convenience and do
not indicate, expressly or impliedly, any endorsement, authorisation
or sponsorship by Maxis, its related and affiliated corporations'
of those site(s) or the products or services provided there.
You access those sites and use their products and services
solely at your own risk. Maxis is not responsible for any transactions
you may perform on those sites.
Notwithstanding anything contrary to these Terms and Conditions,
this Website, its content, the Service, the information, names,
images, pictures, logos, audio and icons regarding or relating
to Maxis, its products and services or to third party products
and services, is provided on an "AS IS" basis without any representation
or warranties of any kind whether express or implied. Maxis,
its related and affiliated corporations disclaim and exclude
all warranties relating to the Service, content, information,
services, products or materials included on this Website including
but not limited to, all warranties of merchantability, fitness
for a particular purpose, title, non-infringement, compatibility,
security and accuracy. In no event shall Maxis, its related
and affiliated corporations, their respective agents and representatives;
suppliers, vendors or merchants who have a presence on this
Website be liable to you or anyone else for any loss or injury
or any direct, indirect, special, exemplary, consequential
damages, or any damages whatsoever including but not limited
to loss of use, data, revenue or profits, whether in action
of contract, negligence or other tortious action, arising out
of or in connection with your access, use of, or your inability
to access or use the Website, its content and the Service.
While Maxis, realizing the importance of the service, has endeavoured
with greatest care to ensure that the information, content
and services offered through this Website is accurate, Maxis,
its related and affiliated corporations do not warrant that
the functions contained in the material contained in this Website,
its content and the Service will be uninterrupted or error
free, that defects will be corrected, or that this Website,
its content, the Service and the server (s) that makes them
available are free of viruses or bugs or represents the full
functionality, accuracy, reliability of the materials.
If there is any conflict between these Terms and Conditions
and rules and/or specific terms of use appearing on this Website,
its content and the Service relating to specific material then
the latter shall prevail.
If any of these Terms and Conditions should be determined to
be illegal, invalid or otherwise unenforceable by reason of
the laws of any state or country in which these Terms and Conditions
are intended to be effective, then to the extent and within
the jurisdiction which that Term or Condition is illegal, invalid
or unenforceable, it shall be severed and deleted from these
Terms and Conditions and the remaining Terms and Conditions
shall survive, remain in full force and effect and continue
to be binding and enforceable.
These Terms and Conditions shall be governed by and construed
in accordance with the laws of Malaysia without reference to
any principle of conflict of laws. Disputes arising out of
or related to this Website, its content and the Service shall
be exclusively subject to the jurisdiction of the courts of
Malaysia.
If these Terms and Conditions are not accepted in full, the
use of this Website, its content and the Service must be terminated
immediately.
This Website, its content and the Service may be accessed throughout
Malaysia and overseas. Maxis, its related and affiliated corporations
make no representation that the content of this Website and
the Service complies with the laws (including intellectual
property laws) of any country outside Malaysia. If you access
this Website, its content and the Service from outside Malaysia,
you do so at your own risk and are responsible for ensuring
compliance with all laws in the place where you are located.
You further undertake NOT to use the Website, its content and
the Service in a manner that may infringe the rights or restrict
the use and enjoyment of the Website, its content and the Service
by any third party, and this includes:
- conduct or material which is unlawful, offensive, obscene,
indecent, defamatory, seditious, abusive or hateful, false,
racial or which may harass, distress or cause inconvenience
to any person or invade another's privacy, constitutes
an illegal threat or constitutes junk mail, encourages
conduct that would constitute a criminal offence, give
rise to civil liability or otherwise violate any local,
state, national or international law or regulation;
- use of material in a manner which infringes any copyright,
trademark or any intellectual property right;
- use of material protected by trade secret without due
authorization;
- impersonating any person or entity including but not
limited to a Maxis 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 Maxis' system(s);
- circumventing any user authentication or security of
any host, network or account (cracking or hacking); and
- reselling or providing the Website, its content and the
Service or any part thereof to another person or entity
for profit or otherwise.
Maxis may in its absolute and unfettered discretion delete
or amend the Website, its content and the Service and remove
or refuse anything that violates the above acceptable use.
Maxis reserves the right to investigate potential abuses of
the Maxis Rules of Acceptable Use and Maxis will fully co-operate
with investigations of suspected criminal violations, violations
of system or network under the leadership of law enforcement
or relevant authorities. Maxis further reserves the right to
suspend or terminate your account or right to access the Website,
its content and the Service if is discovered that you have
violated or attempted to violate any term of the Maxis Rules
of Acceptable Use.
Maxis reserves the right to make modifications to the Maxis
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. Your continued use of this Website,
its content and the Service following the posting of any changes
to the Maxis Rules of Acceptable Use constitutes acceptance
of those changes.
At Maxis, we recognise that you are a unique individual with
your own distinct preferences. Our aim is to provide you with
information and services which are most relevant to you. In
order to achieve this, we need to get to know you and collect
information to understand what differentiates you from each
of our other users. We may collect information about you in
the following way.
We may track your visit to this Website, its content and the
Service by giving you a "cookie" when you enter. Cookies are
pieces of information that websites transfer to your computer's
hard drive for record-keeping purposes. Maxis may use cookies
to make visiting our websites and our partner sites easier.
Cookies allow us to save passwords and preferences for you
so that you will not have to re-enter them the next time you
visit. Cookies also help us track user trends and patterns.
Cookies also help us collect anonymous click stream data for
tracking user trends and patterns. In addition, third party
advertising networks may issue cookies when serving advertisements.
The use of cookies is now an industry standard, and you will
find them used on most major web sites. Most browsers are initially
set up to accept cookies. If you prefer, you can reset your
browser either to notify you when you have received a cookie,
or to refuse to accept cookies. You should understand that
areas of certain sites will not function properly if you set
your browser to not accept cookies.
Any personal information you provide to Maxis on this Website
is maintained and accessible only by Maxis, its related corporations
or affiliates. Maxis may use this information to offer you
the opportunity to receive notices regarding other Maxis products
or services or products or services of Maxis' related and affiliated
corporations and to further personalize your Maxis experience.
Maxis may also use this information to send materials to you
for marketing purposes, but Maxis will take commercially reasonable
steps to safeguard the information from unauthorised access,
and unless we specifically disclose it to you at the time of
collection, we will not make customer specific information
that is gathered available to unaffiliated organisations for
commercial purposes unrelated to the business of Maxis and
its related and affiliated corporations. We may use only the
anonymous click stream data to help our advertisers deliver
better-targetted advertisements. Maxis will not disclose any
information about any individual user except to comply with
applicable law or request or directive from any regulatory
authority or governmental body or agency or other valid legal
process or to protect the personal safety of our users or the
public.
The individually identifiable information that you provide,
if any, will be used extensively within Maxis and its related
and affiliated corporations to provide a personalised experience
to you. Except as described in this Privacy Statement, Maxis
will not willfully disclose individually identifiable information
about its users to anyone outside Maxis' related or affiliated
corporations without first receiving that user's permission,
preventing this information from appearing in unauthorized
mailings and other solicitations.
Any modifications to this statement will be posted in this
space. We welcome any questions or comments you have; please
direct them to mdsupport@maxis.net.my. Your
experience is extremely important to us and we respect your
rights.
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