| 1. |
DEFINITIONS |
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| 1.1 |
For the purposes of these Terms and Conditions, the following capitalized terms shall, unless otherwise specified, have the following meanings:-
"Call Credit(s)" means the airtime purchased by Subscribers when they Top Up their Hotlink Account.
"Hotlink" is the brand name of the prepaid mobile telecommunication services provided by MMSSB, subject to the Hotlink Service Terms & Conditions.
"Hotlink Account" shall have the same meaning as "Account" defined in the Hotlink Service Terms & Conditions.
"Hotlink Rewards” refers to the customer loyalty programme for Subscribers from 1 August 2008.
"Hotlink Rewards Redemption Items" means airtime, SMS and/or other products that may be introduced from time to time.
"Hotlink Points" refers to points accumulated for each successful total of RM30 or more Top-Up on and after 1 August 2008.
“Hotlink Rewards” is a loyalty programme existing prior to 1 August 2008 for Subscribers.
“Hotlink Rewards Points” are the points earned under the Hotlink Rewards.
"Hotlink Service Terms & Conditions" refers to the terms and conditions for the Hotlink prepaid services, which is included in the Starter Kit purchased by the Subscriber or can be viewed at http://www.hotlink.com.my/
"MMSSB" refers to Maxis Mobile Services Sdn Bhd (formerly known as Malaysian Mobile Services Sdn Bhd).
"MASA" means Maxis Authorised Service Agents.
"Participant(s)" refers to Subscriber(s) who has carried out a successful Top Up at least once on or after 1 August 2008 and existing Subscribers with Hotlink Rewards Points.
“Programme” is where a Subscriber earns Hotlink Points which may be used to redeem Hotlink Rewards Redemption Items.
"SMS" means Short Message Service.
"Subscriber" means an individual subscribing to the Hotlink prepaid services, which is governed by the Hotlink Service Terms & Conditions.
"Top Up" means the act of reloading using a Top Up Ticket or a reload voucher in any form, whether written or electronic, or received from a Maxis postpaid account, but excludes "share-a-load" top up.
Words capitalised but not defined in these Terms and Conditions shall have the same meaning as those defined in the Hotlink Service Terms & Conditions. |
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| 2. |
ISSUANCE AND REDEMPTION OF HOTLINK REWARDS POINTS |
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| 2.1 |
Participants will be awarded Hotlink Points for every successful total ofl RM30 or more monthly top up carried out on and after 1 August 2008. |
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| 2.2 |
Hotlink Rewards is not open to 'share-a-load' service. |
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| 2.3 |
Below are the new points earning structure, subject to a minimum cumulative RM30 monthly top up. Definition of monthly would be calendar month. |
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| Stay this long with Hotlink |
Get this for every RM1 top up |
| Less than 1 year |
2 points |
| 1 to less than 3 years |
2.5 points |
| 3 years and above |
3 points |
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Hotlink Points can be redeemed at any point in time. |
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| 2.4 |
Points will be processed and credited to Participants by the 5th of every following month. A SMS notification will be sent to customers once points have been credited. |
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| 2.5 |
Participants will be able to view Hotlink Points awarded by the 5th of the following month. Participants may use the Easy Menu service (*100#) or visit www.hotlink.com.my or call the Maxis Call Centre at 1300820120 to obtain the status of Hotlink Points and/or such other mode introduced by MMSSB from time to time. |
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| 2.6 |
Participants have the option of redeeming their Hotlink Points for any of the Hotlink Rewards Redemption Items listed in the Easy Menu, www.hotlink.com.my (which may be updated from time to time) and/or other channels introduced by MMSSB from time to time. Hotlink Points cannot be redeemed until credited to the Participant's Hotlink Account. |
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| 2.7 |
Only Participants with sufficient Hotlink Points are eligible to redeem Hotlink Rewards Redemption Items, and the Participant may do so using the various redemption methods implemented by MMSSB. MMSSB shall be under no obligation whatsoever to process a Participant’s application for the redemption of Hotlink Rewards Redemption Items if there are insufficient Hotlink Points for the redemption requested. |
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| 2.8 |
Upon acknowledgement of request for redemption, the corresponding Hotlink Points would be deducted from the Participant's Hotlink Account. |
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| 2.9 |
Redemption requests once received by MMSSB and followed by an acknowledgement sent out by MMSSB cannot be revoked, cancelled, returned or exchanged by the Participant, and the affected Hotlink Points will not be reinstated to the Participant. |
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| 2.10 |
After each successful redemption the Participant will receive confirmation of the Hotlink Rewards Redemption Items redeemed. |
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| 2.11 |
Hotlink Points not redeemed within two (2) years from date earned will be automatically forfeited. |
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MMSSB reserves the right to auto-convert the points into FREE airtime according to the prevailing points redemption rates on the Participant’s behalf in the event there is no redemption activity performed for the past 12 months from signed up date for Hotlink Service. This is a service provided to Participants to make the rewards experience simpler for customers. |
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| 2.12 |
MMSSB shall not be liable in any way for failures, defects or delays in the delivery of a response for any reason whatsoever. The Participant is responsible for all charges incurred if the Participant accidentally (i) erases or (ii) replaces or (iii) deletes any of the responses by receiving another response or otherwise. |
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| 2.13 |
Hotlink Points are assigned to each respective Hotlink Account and cannot be transferred to or combined with other Hotlink Accounts.
Where a Participant has more than one (1) Hotlink Account, Hotlink Points for all the Hotlink Accounts of the Participant cannot be accumulated and reflected in one Hotlink Account. |
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| 2.14 |
Hotlink Points in a single Hotlink Account cannot be combined with that of other Hotlink Accounts and are not transferable between Hotlink Accounts. |
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| 2.15 |
Hotlink Points earned prior to migration to a postpaid service plan will not be carried or transferred to the postpaid account. |
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| 2.16 |
In the event an individual takes over the Participant’s Hotlink Account the individual may take over the Hotlink Points accumulated to date in this Hotlink Account. |
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| 2.17 |
Each Participant shall bear full responsibility for the use of the Hotlink Points allotted to him/her. |
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| 2.18 |
Hotlink Rewards Redemption Items featured in the Easy Menu, www.hotlink.com.my and/or other channels introduced by MMSSB from time to time are subject to availability. MMSSB reserves the right, at its absolute discretion, to replace or withdraw any Hotlink Rewards Redemption Items at any time. |
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| 2.19 |
The redemption of Hotlink Rewards Redemption Items are subject to these Terms and Conditions and any other Terms and Conditions set by MMSSB (including but not limited to the Hotlink Service Terms and Conditions) and/or the relevant merchants as listed in www.hotlink.com.my |
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| 2.20 |
Hotlink Rewards Redemption Items are neither refundable nor exchangeable for cash or credit unless otherwise stated. MMSSB reserves the right to substitute the Participant's choice of Hotlink Rewards Redemption Items with other items of at least an equivalent value. |
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| 2.21 |
Any tax arising from a Participant's redemption of Hotlink Rewards Redemption Items is the responsibility of the Participant. |
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| 2.22 |
Participants may be introduced to other methods by which the Participant may be able to receive Hotlink Points from MMSSB, which will be announced from time to time. |
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| 3. |
BIRTHDAY TREAT |
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| 3.1 |
This Birthday Treat Reward will commence from 1 August 2008 and shall continue until such time as advised by MMSSB. |
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| 3.2 |
The Birthday Treat Reward is applicable for Hotlink customers with length of stay that is more than 30 days from the date of activation of their Hotlink service. |
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| 3.3 |
Participants will enjoy the free calls to any Hotlink and Maxis numbers on their registered birth date provided during prepaid registration. The free calls to any Hotlink and Maxis numbers as stated in this clause 3.3 shall not be applicable whilst the Participant is roaming. Further thereto, the Participant’s account must be active status in order to enjoy the free calls. |
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| 3.4 |
This Birthday Treat Reward is only applicable to customers who have registered or updated their birth date details with MMSSB. |
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| 3.5 |
Each Hotlink Account can only enjoy the Birthday Treat reward once in every 12 months only, from the start date of this Birthday Treat Programme effective 1 August 2008. |
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| 3.6 |
In the event of a change of ownership of the Hotlink Account, that particular Hotlink Account will not be eligible or be allowed to enjoy the Birthday Treat Reward if the said Hotlink Account has already enjoyed the Birthday Treat reward within the 12 months from the start date of the Birthday Treat Programme effective 1 August 2008 before the change of ownership of the Hotlink Account. |
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| 3.7 |
A SMS birthday greeting will be sent to customers one day prior to the registered birth date on the Birthday Treat reward. |
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| 3.8 |
MMSSB reserves the right to vary, amend, suspend or cancel this Birthday Treat reward and offer without any prior notice to the participant. |
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| 3.9 |
Normal charges for all other services will apply when the participants are enjoying the Birthday Treat Reward. |
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| 4. |
ANNIVERSARY TREAT |
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| 4.1 |
This Anniversary Treat will commence from 1 August 2008 and shall continue until such time as advised by MMSSB. |
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| 4.2 |
This Anniversary Treat is applicable to customers with a length of stay as a Hotlink Customer of 1 year or more only from date of activation of their Hotlink service. |
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| 4.3 |
The SMS notification on this Anniversary Treat will be sent out within the first week of every anniversary month. |
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| 4.4 |
Each Hotlink Account can only enjoy the Anniversary Treat reward once in every 12 months only, from the start date of this Anniversary Treat Programme effective 1 August 2008. |
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| 4.5 |
In the event of a change of ownership of the Hotlink Account, that particular Hotlink Account will not be eligible or be allowed to enjoy the Anniversary Treat Offer if the said Hotlink Account has already enjoyed the Anniversary Treat reward within the 12 months from the start date of the Birthday Treat Programme effective 1 August 2008 before the change of ownership of the Hotlink Account. |
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| 4.6 |
MMSSB reserves the right to vary, amend, suspend or cancel this Anniversary Treat reward and offer without any prior notice to the participant. |
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| 5. |
RESPONSIBILITY OF THE PARTICIPANT |
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| 5.1 |
It is the responsibility of the Participant to notify MMSSB, being the administrator of the Hotlink Rewards Programme of any disputes in relation to Hotlink Points awarded to the Participant within one (1) week from receipt date of the Hotlink Points. |
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| 5.2 |
All notifications must be made via email or in writing or call in to MMSSB or through www.hotlink.com.my |
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| 6. |
SUSPENSIONS AND TERMINATION |
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| 6.1 |
MMSSB reserves the right to suspend or terminate the Participant's participation in the Programme, Birthday Treat and Anniversary Treat due to but not limited to the following reasons:
- termination of Participant's Hotlink Account, including without limitation as a result of a transfer of Hotlink Account;
- termination of the Programme, Birthday Treat and Anniversary Treat ;
- Participant breaches any of these Terms and Conditions and/or Hotlink Service Terms & Conditions;
- Participant supplies any misleading information or makes any misrepresentations to MMSSB in connection with the Programme, Birthday Treat and Anniversary Treat ;
- Participant abuses any privilege accorded to the Participant under the Programme, Birthday Treat and Anniversary Treat ;
- Participant engages in any fraudulent activities under the Programme, Birthday Treat and Anniversary Treat ;
- Participant is deceased or is declared a bankrupt;
- Participant displays inappropriate behavior against any member of MMSSB staff;
- Any other circumstances as determined by MMSSB.
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| 6.2 |
In the case of termination of the Hotlink Account, the Participant shall NOT be entitled to redeem remaining Hotlink Points and any unused Hotlink Points will be forfeited without any refund. |
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| 7. |
CONSENT TO USE AND DISCLOSE INFORMATION AND DATA |
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| 7.1 |
Any information disclosed by the Participant may be used by, and shared between MMSSB and its group of companies or any other parties where necessary to operate the Programme, Birthday Treat and Anniversary Treat in order to provide Participants with Hotlink Rewards Redemption Items and services relating to the Programme, Birthday Treat and Anniversary Treat , to communicate with Participants, to promote offers to Participants, to fulfill Participants' requests including requests for redemption and for identification purposes. |
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| 7.2 |
From time to time, MMSSB may ask for additional information, to help improve its service to the Participants, to create more opportunities for Participants to enjoy the Programme, Birthday Treat and Anniversary Treat to follow up with Participants indirectly through its database such as customer profile and consumer behaviour. |
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| 7.3 |
MMSSB may also use that information, share it with its group of companies and any other parties in order to facilitate various services to the Participants, to extend Participant benefits and special offers, and for marketing purposes including planning, product development, telemarketing promotions, research and other carefully screened marketing programmes or activities, which MMSSB believes may interest the Participants. |
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| 7.4 |
Participants shall ensure that all personal details provided to MMSSB are accurate at any point of submission and that MMSSB is kept informed and updated of any change in their personal details. |
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| 7.5 |
If for any reason a Participant believes that his/her personal information lodged with MMSSB is inaccurate or if a Participant would like to change or reconfirm his/her personal information, he/she can contact Maxis Call Centre at 1300 820 120. |
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| 7.6 |
The Participant agrees that MMSSB shall be entitled to use or disclose any information or data disclosed by the Participant in accordance with these Terms and Conditions and those defined in the Hotlink Service Terms & Conditions. |
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| 7.7 |
MMSSB endeavours not to disclose any personally identifiable information to any organisation unless necessary to operate the Programme, Birthday Treat and Anniversary Treat and/or if MMSSB is legally required to do so by law. Participants will be treated as having given permission for such disclosures. |
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| 8. |
OTHERS |
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| 8.1 |
MMSSB gives no representation or warranty with respect to any Hotlink Club Redemption Items featured in the Programme, Birthday Treat and Anniversary Treat or other channels of redemption which are products of other suppliers. In particular, MMSSB gives no warranty with respect to the quality of such Hotlink Rewards Redemption Items or their suitability for any purpose. However, Participants may liaise directly with the supplier of the product according to the warranty awarded. |
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| 8.2 |
MMSSB's decision on all matters pertaining to the Programme, Birthday Treat and Anniversary Treat is final. |
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| 8.3 |
MMSSB reserves the right to amend, vary or supplement these Terms and Conditions herein, including without limitation the list of Hotlink Rewards Redemption Items, Hotlink Points (which includes its points structure and mechanism), the Programme, Birthday Treat and Anniversary Treat , window for redemption and the amount of Top Up, without giving notice to Participants and such amendments, variation or supplements shall take effect from the date specified in such notices or in the absence thereof, as from the date such notices are released. All Participants shall be bound by any such variations or terminations. The Participants shall update themselves with such amendments by referring to the Terms and Conditions which is made available at www.hotlink.com.my. |
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| 8.4 |
A notice shall be deemed to be given by MMSSB to a Participant if it is posted to the address of the Participant appearing in MMSSB records or published in the media or on www.hotlink.com.my |
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| 8.5 |
In no event shall MMSSB, its affiliated or related corporations, their respective agents, representatives or business partners be liable to any Participant or any third party authorized by or claiming through a Participant whether in contract or tort for any loss or damage, direct or indirect, special or consequential or of any nature suffered by any Participant or third party in respect of the Programme, Birthday Treat and Anniversary Treat resulting from but not limited to the following:-
- any injury or death;
- any unauthorized use of membership;
- any unauthorized use of Hotlink Points;
- any unauthorized redemption of Hotlink Points;
- any product not being available for redemption for any reasons;
- any failure by participating vendor or supplier to comply with terms and conditions in respect of supplying the redeemable products;
- any failure by the Participant to comply with the terms and conditions on which it has agreed to provide Hotlink Rewards Redemption Items;
- the suspension or termination of the Programme, Birthday Treat and Anniversary Treat .
- any breach or failure by MMSSB or participating vendors to perform any of the obligations set out in these terms and conditions;
- any error, omission or inaccuracy in any information provided by MMSSB or participating vendors whether to the Participant or any person and whether in any publication or as part of or in connection with the implementation, administration or conduct of the Programme, Birthday Treat and Anniversary Treat ;
- any defect, deficiency, breakdown of MMSSB's or participating vendors' software or system or loss, corruption or deletion of data supplied by the Subscriber.
- Hotlink Rewards Redemption Items and services provided under or in relation to this Programme, Birthday Treat and Anniversary Treat including all representations and/or warranties relating thereto.
- Any technical failure of system, including without limitation www.hotlink.com.my , Easy Menu (*100#) and SMS system which may impede a Participant's transaction.
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| 8.6 |
All conditions and warranties, whether express or implied and whether arising under legislation or otherwise, as to the condition, suitability, quality, fitness or safety of any product supplied under the Programme, Birthday Treat and Anniversary Treat are expressly excluded to the full extent permitted by law. Any liability MMSSB may have to a Participant under legislation in respect of such Hotlink Rewards Redemption Items which cannot be excluded is limited, where permitted, to supplying or paying the cost of supplying the Hotlink Rewards Redemption Items again or repairing or paying the costs of repairing the Hotlink Rewards Redemption Items at MMSSB's discretion. Participating MASA dealers or suppliers do not have any authority, express or implied, to make any representation, warranty or statement on behalf of MMSSB. |
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| 8.7 |
MMSSB reserves the right to assign, novate or sell the Programme, Birthday Treat and Anniversary Treat to another company whereby MMSSB transfers all rights and obligations under these Terms and Conditions without any further consent and may disclose or transfer all information held about Participants to a prospective or actual new owner. Such a disclosure or transfer may not alter the rights of the Participant in respect of the use that can be made of such information by such other company. |
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| 8.8 |
Participants can also refer to www.hotlink.com.my to view these Terms and Conditions and changes there too. |