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| This Service is
brought to you by Maxis Mobile Services Sdn Bhd (73315-V)
(“MMSSB”) and provided to you
subject to the Terms and Conditions. You acknowledge that
you have read and fully understand all the Terms and Conditions.
Your use of the Service, upon activation, constitutes unconditional
acceptance to be bound by all these Terms and Conditions
as may be amended from time to time. You must ensure that
any person you allow to use the Service complies with these
Terms and Conditions. |
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| 1.1 |
The following terms are defined in the
user guide : “Active Period”,
“Expiry Date”, “Credit
Grace Period” and “Start Date”; |
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| 1.2 |
“Account”
means the account maintained on your behalf by us which
records the unused portion of call credits purchased by
you from MMSSB. |
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| 1.3 |
“Related Corporations”
means the related corporations as defined under the Companies
Act, 1965 and include their respective employees and directors. |
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| 1.4 |
“Service(s)”
means the prepaid mobile services and all related value
added, supplemental or additional Services to be provided
by us to you; |
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| 1.5 |
“SIM Card”
means either a card or plug-in module with a microchip which
contains all your necessary information. The SIM Card has
to be inserted into the mobile phone in order for a call
to be made; |
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| 1.6 |
“Starter Kit”
means the pack sold by MMSSB containing the SIM Card (with
an initial value of call credit), a user guide and these
Terms and Conditions; |
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| 1.7 |
“Terms and Conditions”
means these terms and conditions and the terms of services,
policies and procedures in the user guide as may be varied
or modified from time to time at MMSSB’s sole discretion; |
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| 1.8 |
“Top Up Ticket”
means a prepaid voucher, whether in material form or otherwise,
sold by us or any person on our behalf to you which carries
unused call credits; |
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| 1.9 |
“us” or “our”
or “we” means MMSSB and its
Related Corporations; |
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| 1.10 |
“you” or “your”
means you as the person to whom the SIM Card has been issued
for the purpose of using the Service in accordance with
these Terms and Conditions; |
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| 2. |
- You represent and confirm that you are eighteen years
of age, and that you are competent to enter into these
Terms and Conditions for the Service.
- You must use the Service in accordance with these
Terms and Conditions and ensure that any person you
allow to use the Service complies with the Terms and
Conditions.
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| 3. |
To the extent permitted by law, the Services
are provided on an “as is” and “as available”
basis and we shall not be liable for and make no express
or implied representations or warranties of any kind in
relation to the Services including but not limited to:
- availability, accessibility, timeliness and uninterrupted
use of the Services;
- sequence, accuracy, completeness, timeliness or the
security of any data or information transmitted or received
by you in connection with the Services.
You must satisfy yourself as to the adequacy of coverage
from your own inquiries. |
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| 4. |
During the Active Period, you may use the
Service up to the value of the call credit in your Account
and your Account will be maintained until the Expiry Date.
The validity period of the call credit in your Account varies
depending on the value of the Top Up Ticket purchased. |
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| 5. |
- You must top up your Account before the expiry of
the Grace Period, otherwise your Account will be terminated
and your balance call credit forfeited. In such an event,
your mobile number will be withdrawn with immediate
effect without any prior written notice from MMSSB.
You will then have to purchase a new Starter Kit to
access the Service.
- MMSSB shall not be liable to refund you the forfeited
call credit or for any damages, cost, loss or expenses
suffered as a result of the termination of your Account
or Service.
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| 6. |
MMSSB will deduct from your Account, an
amount equal to the value of the Service accessed by you
from time to time at call charges rates as stipulated in
the user guide and/or as may be imposed at our absolute
discretion. |
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| 7. |
- The SIM Card remains, at all times, our exclusive
property and you shall not transfer the SIM Card to
any other person without our prior written consent.
- You shall ensure that the SIM Card is lawfully owned/possessed
and that such ownership/possession is not in contravention
of any laws or regulations of Malaysia.
- We will not be under any obligation to replace or
compensate you for your lost, stolen, damaged, faulty
or cloned SIM Card and/or for any unused call credit
balance. If we choose to replace your SIM Card, you
may be charged for such replacement in the amount as
may be determined by us at any time. You acknowledge
and agree that there is no warranty for the SIM Card.
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| 8. |
You shall use all precautions to prevent
the loss, theft, unauthorized use and/or cloning of the
SIM Card. In the event of loss, theft, unauthorized use
and/or cloning of the SIM Card, you shall immediately notify
us. You shall remain liable for all charges and costs incurred
in relation to the SIM Card including all costs associated
with its unauthorized use. |
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| 9. |
Call credits and/or any balance of call
credits in your Account are not redeemable for cash. |
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| 10. |
- You shall, as required by law, register for the Service
upon purchase of the Starter Kit or SIM Card. If you
fail to register, MMSSB may terminate the Account pursuant
to any law, regulation, statute and/or any provisions
imposed by any regulatory body or authorities. You hereby
expressly consent that we may disclose and/or use all
your information stipulated in the registration form,
including all information and details in relation to
the Services provided by us to you (“Personal
Information”) for any purpose which is necessary
or related to our provision of the Service to you.
- You are responsible for updating your Personal Information
with MMSSB.
- In the event you transfer the Account to another
person, you shall duly inform MMSSB of the same and
are responsible to ensure than the person you transfer
the Account to registers for the Service.
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| 11. |
In addition and without derogation to Clause
10, you further expressly consent that we may use and/or
disclose the Personal Information to:-
- our shareholders, Related Corporations and affiliated
companies for purposes of providing any goods or services
to you;
- our agents, contractors, business partners or associates
for provision of the Service to you, for marketing programs
or for provision of any goods or services to you;
- regulatory bodies or other authorities in compliance
with requirements under law or towards the detection
or prevention of crime and/or fraud;
- any party involved in or related to a legal proceeding
for purposes in connection with the legal proceedings;
- other service providers or to parties nominated by
us either solely or jointly with other service providers,
for purposes of establishing and maintaining a common
database of customers; and/or
- to our professional advisors on a need to know basis.
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| 12. |
Except for the circumstances in Clauses
10 and 11 and except as permitted or required under any
enactment, law, statute, code or by any relevant authorities,
we will not disclose the Personal Information without notification
to you. |
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| 13. |
We may from time to time and at our absolute
discretion and without prior notice change, alter, add or
modify the Service. We shall not be liable for any loss
or inconvenience to you resulting therefrom. |
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| 14. |
We, our officers, employees and agents
including our Related Corporations shall not be liable to
you or any third party authorized by or claiming through
you for any loss or damage, whether direct, indirect, special
or consequential, or for loss of business, revenue or profits
of any nature suffered by you or any person authorized by
you, or any injury caused to or suffered by a person or
damage to property arising from or occasioned by:-
- the use or inability to use by you or any persons
authorized by you, of the Services or any part thereof;
- any malfunction, unauthorized use, cloning of or defect
in the Services/ SIM Card or any part thereof for whatever
reasons;
- any act, omission, error, default or delay by our
officers, employees and agents and/or our Related Corporations
in relation to the Services.
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| 15. |
Without limiting the generality of Clause
14, we, our officers, employees and agents and/or our Related
Corporations shall not be liable to you or any third party
authorized by or claiming through you for:-
- any claim for libel, slander, infringement of any
intellectual property rights arising from the transmission
and receipt of material in connection with the Services
and any claims arising out of any act or omission on
your part in relation to the Services or any part thereof;
- any loss or damage caused to you as a result of the
suspension/termination of the Services and the interruption/loss
of the Services or any part thereof from any cause;
- any loss, distortion or corruption of data arising
from the use of the Services to transmit data or for
data communication purposes at any stage of the transmission
including any unlawful or unauthorized access to your
transmission or data;
- interruption or unavailability of the Services as
a result of including but not limited to adverse weather
conditions, electromagnetic interference, equipment
failure or congestion in the Related Corporations’
network or telecommunication systems.
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| 16. |
We shall not be liable for, and you agree
to indemnify us against all claims, losses, liabilities,
proceedings, demands, costs and expenses (including legal
fees) which may result or which we may sustain in connection
with or arising from the provision of the Services to you. |
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| 17. |
Without prejudice to the foregoing, in
the event a court, arbitrator, tribunal or any other authority
holds or finds us liable to you for any breach or default
by us, you agree that the amount of damages payable by us
to you shall not at any time exceed the sum of RM500.00
notwithstanding any order, decree or judgment to the contrary. |
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| 18. |
We shall be entitled at our absolute discretion
to suspend or disconnect access to the Services without
notice or compensation to you:
- if any technical failure occurs in the Services or
the Related Corporations’ network;
- while the Services are being upgraded, modified or
maintained; if you breach any of these Terms and Conditions;
- if you do anything which may in our opinion, lead
to the damage or disruption to the Services or the Related
Corporations network;
- if we are required to do so by law, statute, enactment,
code or by any relevant authorities;
- if it is in our opinion that the Services or the Related
Corporations network is or may be used fraudulently
or for unlawful purpose.
We will endeavour to resume the Services as soon as possible
if suspension or disconnection occurs for the reasons set
out in Clause 18(i) and (ii) above. You shall be liable
for all applicable charges during the period of interruption,
suspension or loss of the Services or part thereof from
any cause whatsoever. |
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| 19. |
Without limiting the generality of any
provision in the Terms and Conditions, we shall not be liable
for any failure to perform our obligations caused 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 over whom we have no control or any cause outside
our reasonable control. |
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| 20. |
We may assign or novate all or part of
these Terms and Conditions to any third party by notice
to you without your prior consent. You shall not assign
or novate any or all of your rights/obligations hereunder
to any other person without our prior written consent. |
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| 21. |
These Terms and Conditions are subject
to change, and the prevailing Terms and Conditions as updated
on the official website shall apply and supersede any and
all previous versions, including in any user guide or registration
form. Your continued use of the Services after the effective
date of any change to the Terms and Conditions shall constitute
unconditional acceptance of such variations, additions or
amendments by you and you will be bound by the same. If
you do not accept such changes, you shall be entitled to
terminate the use of the Services. |
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| 22. |
Your use of the Service means that you
agree to indemnify and keep indemnified us and our officers,
employees and agents against any loss, damage, liability
or expenses arising from any claims for libel, invasion
of privacy, infringement of copyright, patent, breach of
confidence or privilege or breach of any law or regulation
whatsoever arising from the material transmitted, received
or stored via the Services or part thereof and from all
other claims arising out of any act or omission by you or
any unauthorized use or exploitation of the Service or part
thereof. |
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| 23. |
You are responsible for all taxes, levies
or duties, if applicable, in relation to the Services. You
shall reimburse us on demand for any such expenses, which
we are obliged to pay on your behalf. |
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| 24. |
You shall not use any information or content
or any parts thereof (whether in its original or adapted
form) received as part of the Service, for purposes of creation
of any commercial products, whether tradable or otherwise
including but not limited to, any derivative products whether
for your own purposes or for the purposes of any third party. |
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| 25. |
You shall not disseminate or provide to
any third party:-
- Kuala Lumpur Stock Exchange information or any part
thereof (whether in its original or adapted form) received
as part of the Service; or
- any other information or content (whether in its original
or adapted form) received as part of the Service, of
which we shall inform you from time to time.
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| 26. |
You must also:
- cease to utilize the Services or any part thereof
for such period as may be required by us.
- ensure that the Service is used solely for the reception
and transmission of message (including without limitation
picture, data and audio files) and other telecommunications
by you or other persons using your mobile phone..
- not use the Service to cause embarrassment, distress,
annoyance, irritation or nuisance to any person.
- comply with all notices or directions relating to
your use of the Service and your SIM Card as we may
see fit to issue from time to time or if we have reason
or cause to suspect that you are not complying with
your responsibilities and obligations under these Terms
and Conditions.
- be fully responsible for any voice or data transmitted
or broadcasted by you or persons using your mobile phone
(whether authorised by you or not).
- at all times keep the personal identification number
(PIN) of your SIM Card confidential and not release
the PIN to any person.
- not wholesale or resell the Service on our behalf.
- not make or receive calls or send or receive content
using the Service other than for your own personal use.
- not sell any products or services using our network
or the Service.
- not use the Service in connection with a device that
switches or reroutes calls to our or from our network.
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| 27. |
If any of these provisions should be invalid,
illegal or unenforceable under any applicable law, the legality
and enforceability of the remaining provisions shall not
be affected or impaired in any way and such invalid, illegal
or unenforceable provision shall be deemed deleted. |
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| 28. |
No delay or indulgence by us in enforcing
any term or condition of these Terms and Conditions nor
the granting of time by us to you shall prejudice our rights
or powers nor shall any waiver by us of any breach constitute
a continuing waiver in respect of any subsequent or continuing
breach. |
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| 29. |
Those clauses which by their nature would
survive the termination of the Service and/or Terms and
Conditions shall survive, including without limitation Clauses
3, 14, 15 and 31 |
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| 30. |
These Terms and Conditions shall have effect
only to the extent not forbidden by law. For the 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. |
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| 31. |
- These Terms and Conditions shall be governed by and
construed in accordance with the laws of Malaysia, excluding
its conflict of law rules. Parties agree to submit to
the exclusive jurisdiction of the Malaysian courts.
- Where any claims, proceedings, actions, suits or disputes
arising or in connection with these Terms and Conditions
is to be commenced or adjudicated in the High Court
of Malaya, the parties agree that it shall be adjudicated
in the High Court in Kuala Lumpur or Putrajaya, Malaysia,
as the case may be.
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| 32. |
- All notices, requests and/or other communications
to be given by MMSSB to you under these Terms and Conditions
will be published in the official website (www.hotlink.com.my)
and/or published in national newspapers in the main
languages, published daily and circulating generally
throughout Malaysia.
- All notices, requests and/or other communications
to be given by you to us under these Terms and Conditions
must be in writing and sent to the following address:
Maxis Mobile Services Sdn Bhd, Level 18, Menara
Maxis, Kuala Lumpur City Centre 50088 Kuala Lumpur.
Fax 03-2330 0008.
- All notices, requests and/or other communications
given by us to you pursuant to this clause shall be
deemed to have been served if:
- published in the official website (www.hotlink.com.my);
or
- published in national newspapers in the main languages,
published daily and circulating generally throughout
Malaysia.
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| 33. |
No rule of construction or interpretation
shall apply to prejudice the interest of the party preparing
these Terms and Conditions. |
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| 34. |
In the interpretation of these Terms and
Conditions, the singular shall include the plural and vice
versa, words importing a gender will include other genders
and, where you are more than one person, your obligations
and liabilities will bind each person jointly and severally. |
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| 35. |
In the event of conflict or inconsistency
between the user guide and these Terms and Conditions, such
inconsistency shall be resolved by giving precedence in
the following order: these Terms and Conditions and the
user guide. |
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| 36. |
The Terms and Conditions constitutes the
entire agreement between the parties concerning the subject
matter herein and supersedes all previous terms and conditions,
understanding, representations and warranties relating to
that subject matter. |
