TERMS AND CONDITIONS – NEW HOTLINK PLAN
The Service is brought to you by Maxis Mobile Services Sdn Bhd (73315-V) ("MMSSB") and provided to you subject to the Terms and Conditions. Please note these terms and conditions are an extract of the terms and conditions published in our official website (www.hotlink.com.my), which is also available at our Maxis Centres. You acknowledge that you have read and fully understood all the Terms and Conditions.
Your use of the Service, upon activation, constitutes unconditional acceptance to be bound by all the 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 the Terms and Conditions.
1.1 The following terms are defined in the user guide: "Active Period", "Deactive Period".
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.
1.3 "Donor Network Operator" means a mobile service provider from which a Mobile Number has been or is to be ported out (DNO).
1.4 "Mobile Number" means Mobile Station International Subscriber Directory Number (MSISDN).
1.5 "Mobile Number Portability" means the ability for Customers to change from one mobile service provider to another and retain their Mobile Number.
1.6 "Port" or "Porting" means the transfer of Customer’s Mobile Number from one mobile service provider to another.
1.7 "Recipient Network Operator" means a mobile service provider to which a Mobile Number has been or is to be ported in.
1.8 "Related Corporations" means the related corporations as defined under the Companies Act, 1965 and include their respective employees and directors.
1.9 "Service(s)" means the prepaid mobile services and all related value added, supplemental or additional Services to be provided by us to you from time to time.
1.10 "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.
1.11 "SKMM" means the Suruhanjaya Komunikasi dan Multimedia Malaysia, also known as Malaysian Communications and Multimedia Commission, established under the Malaysian Communications and Multimedia Commission Act 1998.
1.12 "Starter Kit" means the pack sold by MMSSB containing the SIM Card, a user guide and these terms and conditions.
1.13 "Terms and Conditions" means these terms and conditions and the terms of services, policies and procedures in the user guide and in our official website (www.hotlink.com.my) as may be varied or modified from time to time at MMSSB’s sole discretion.
1.14 "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.
1.15 "us" or "our" or "we" means MMSSB and its Related Corporations; "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 the Terms and Conditions.
- You represent and confirm that you are eighteen years of age, and that you are competent to enter into the Terms and Conditions for the Service.
- You must use the Service in accordance with the Terms and Conditions and ensure that any person you allow to use the Service complies with the Terms and Conditions.
3. 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.
- You must top up your Account before the expiry of the Deactive Period, otherwise your Account will be terminated and your balance call credit forfeited. In such a circumstance, your mobile number will be withdrawn with immediate effect without 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 reimburse you the forfeited call credit or for any damage, cost, loss or expenses suffered as a result of the termination of your Account or Service.
5. MMSSB will deduct from your Account, an amount equal to the value of the Service accessed by you from time to time at rates stipulated in the user guide and/or as may be imposed at our absolute discretion.
- 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 your ownership/possession is not in contravention of any laws or regulations of Malaysia.
- We shall 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 are aware that there is no warranty for the SIM Card.
7. You shall use all precautions to prevent the loss, theft, unauthorised use and/or cloning of the SIM Card. In the event of loss, theft, unauthorised 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 unauthorised use.
8. Mobile Number Portability/MNP
8.1 You acknowledge and accept that: -
- With your new Prepaid Activation Number, you shall continue as an MMSSB subscriber for a period of at least 90 days from the date of first activation;
- the Mobile Numbers requested for Porting by you must be in the range of Mobile Numbers as approved by SKMM from time to time;
- Mobile Number Porting is subject to existing geographic numbering requirements;
- only active Mobile Numbers are eligible for Porting. Mobile Numbers which have been suspended, terminated, blacklisted on the defaulter’s database and/or barred shall not be eligible for Porting; and
- MMSSB may, upon receipt of a Port request from you, notify you by way of SMS the progress of your Port request.
8.2 You are allowed to Port from prepaid services to postpaid services and vice versa. However, you hereby agree and accept that all Porting requests are subject to the respective MMSSB existing terms and conditions for new registration.
8.3 You acknowledge and accept that for Porting of a prepaid Mobile Number, any balance of credit you had with the DNO shall be forfeited. MMSSB shall not be liable and/or responsible to you or any third party authorised by or claiming through you for such forfeiture of any balance of credit.
8.4 You expressly consent, acknowledge and agree that your request to MMSSB to Port your Mobile Number to MMSSB represents a notice to terminate your subscription with the DNO. MMSSB shall not be held responsible or liable for any unsuccessful termination of your subscription with the DNO and resulting failure to Port with MMSSB.
8.5 In the event of a Port to MMSSB, or Port withdrawal or Port reversal to the DNO, MMSSB: -
- is not responsible for any period of outage of your mobile service or any related ancillary services;
- is not liable to you, any person or third party authorised by or claiming through you for any damage, loss, costs or expenses or other liability in contract, tort or otherwise in respect thereof; (iii) will not refund the Porting fee.
8.6 Acceptance of the Terms and Conditions will only be effective upon activation of the Ported number by MMSSB.
8.7 In addition to clause 10 of these Terms and Conditions, you expressly authorise MMSSB to provide information regarding your Mobile Number to be disclosed to other telecommunication service providers to enable the transfer of your Mobile Number from one telecommunication service provider to another.
8.8 You acknowledge and accept that any fees paid for Porting are non-refundable.
9. Call credits and/or any balance of call credits in your Account are not redeemable for cash.
10. You shall register your details with us upon purchase of the Starter Kit and activate the Service before the printed expiry date to avoid deactivation and termination. You hereby expressly consent that we may disclose and/or use all your information provided by you, including all information and details in relation to the Services provided by us to you ("Personal Information"), in accordance with our Privacy Statement available on our website at www.maxis.com.my, for any purpose which is necessary or related to our provision of the Service to you, including but not limited to, our Related Corporations, requirements or directions by regulatory bodies or other authorities in compliance with requirements under the law or towards the detection or prevention of crime and/or fraud, legal proceedings and/or to our professional advisors.
11. We, our officers, employees and agents including our Related Corporations shall not be liable to you or any third party authorised 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 authorised 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 authorised by you, of the Services or any part thereof;
- any malfunction, unauthorised 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 use, our officers, employees and agents and/or our Related
Corporations in relation to the Services.
12. Without limiting the generality of Clause 11, we, our officers, employees and agents and/or our Related Corporations shall not be liable to you or any third party authorised 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, costs, claims, liabilities, demands, expenses (including legal fees), damage, proceedings caused to you in connection with or arising from provision of the Services to you or 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 unauthorised 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.
13. 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.
14. 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 injury 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.
15. We will endeavour to resume the Services as soon as possible if suspension or disconnection occurs for the reasons set out in Clause 14 (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.
16. The Terms and Conditions are subject to change, and the prevailing Terms and Conditions as updated on our official website shall apply and supercede any and all previous versions, including in any user guide or these terms and conditions. You are responsible to regularly review information relating to the Services posted on our official website which may include changes to the Terms and Conditions. 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. We shall not be liable for any loss or inconvenience to you resulting therefrom. If you do not accept such changes, you shall be entitled to terminate the use of the Services.
17. 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 unauthorised use or exploitation of the Service or part thereof.
18. You shall not disseminate or provide to any third party:-
- Bursa Malaysia Securities Berhad ("Bursa Malaysia") 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.
19. 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.
- All notices, requests and/or other communications to be given by you to us must be in writing and sent to the following address: Maxis Mobile Services Sdn Bhd (formerly known as Malaysian 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 shall be deemed to have been served if:
- published in our official website (www.hotlink.com.my); or
- published in national newspapers in the main languages, published daily and circulating generally throughout Malaysia.
20. Should there be any discrepancy between the user guide, these terms and conditions and the terms and conditions in the official website, such inconsistency shall be resolved by giving precedence in the following order: the terms and conditions in the official website (www.hotlink.com.my), these Service terms and conditions and the user guide.
21. The New Hotlink Plan is applicable to Hotlink subscribers (hereinafter referred to as ‘Subscribers’) who have a valid MyKad (for Malaysian residents) or passport (for non-Malaysian residents).
22. For non-Malaysian residents, you are only allowed to join this New Hotlink Plan by purchasing a new Starter Pack.
23. Migration from this New Hotlink Plan to any other existing Hotlink plan is not allowed.
24. This New Hotlink Plan is only applicable for domestic (within Malaysia) usage. Additional International Direct Dialling (IDD) charges will be incurred for roaming where you make IDD calls.
25. By opting into this New Hotlink Plan, the Subscriber agrees to receive future news and promotions from Hotlink and/or MMSSB and the Subscribers shall have an opt-out option via the email and SMS announcements sent by Hotlink and/or MMSSB.
26. All or any part of this New Hotlink Plan terms and conditions may be modified, varied, amended, supplemented or withdrawn by MMSSB. Further thereto, this New Hotlink Plan may be cancelled or discontinued in part or in whole, at any time without any prior notice to the Subscribers. The Subscribers are advised to constantly review the New Hotlink Plan terms and conditions uploaded on the Hotlink website. In the event of inconsistency between this New Hotlink Plan terms and conditions and the New Hotlink Plan terms and conditions uploaded on the Hotlink website, the website New Hotlink Plan [7 March 2012] terms and conditions shall prevail.
27. Maxis reserves the right at anytime to change, amend, revise, delete, vary or add any aspect of this New Hotlink Plan offering (including the Hot Ticket permutation) without prior notice at any time and the Subscriber shall be bound to such changes, amendments, revisions, deletions, variations or additions.
28. By using this New Hotlink Plan, the Subscriber agrees to receive future info, news and promotions from myDeals and in return the Subscriber will receive 2 Hotlink Reward Points for each ad received subject to the terms and conditions of myDeals available on www.hotlink.com.my. The Subscriber shall have an opt-out option via SMS by sending OUT to 8001 at no charge.