Terms Of Use

 

Website Use

YOU MUST READ THESE TERMS AND CONDITIONS AS THEY IMPOSE OBLIGATIONS ON YOU INCLUDING TERMS WHICH LIMIT YOUR RIGHTS AND EXCLUDE OUR LIABILITY.
These Terms and Conditions set out the basis on which you agree to access and use this Website and the Service.
Certain words have special meanings which are set out below

 

Access and use

By accessing and using this Website and/or the Service, you agree to be bound by these Terms and Conditions. MMSSB and/or its Related Corporations reserve the right to change these Terms and Conditions at any time by updating this version. Please visit this Website periodically to determine any changes to these Terms and Conditions. Continued use of this Website and/or the Service following any changes constitute an acceptance to those changes. If you do not accept any of these Terms and Conditions (including any changes), please discontinue your access to this Website and Servic

 

What is the Service

The Service is access to, and use of, internet information and/or other services, facilities or features made available on and/or through this Website.

You acknowledge that the Site Content has been prepared by third parties. You acknowledge these Site Content is not under the control of MMSSB and/or its Related Corporations and MMSSB and/or its Related Corporations are not responsible for the accuracy, copyright compliance, legality, decency or any other aspect of the Site Content accessed or used from the Service. Before relying on the Site Content accessed, you should confirm that the Site Content is correct. The Site Content is provided solely for your convenience and does not indicate our endorsement or authorisation (whether expressly or impliedly) to the Site Content or the products or services provided there unless expressly otherwise indicated. You access those Site Content and use their products and services solely at your own risk. In no event will MMSSB and/or its Related Corporations be liable to anyone for any damage arising from or occasioned by the use of these third party Site Content.

The Service involves access to, use of and exchange of information over the internet and you acknowledge that such access to, use of and exchange of information may not be secure. MMSSB and/or its Related Corporations will not be liable to you if you suffer loss or damage as a result of the information not being secure.

MMSSB and/or its Related Corporations does not guarantee that you will have access to this Website and/or the Service at all times. You may experience interruptions to this Website and/or the Service and MMSSB and/or its Related Corporations will not be liable to you if you suffer loss or damage as a result of these interruptions.

MMSSB and/or its Related Corporations may change the Service or any part of the Service at any time and from time to time with or without notice. You agree that MMSSB and/or its Related Corporations shall not be liable to you or to any other party for such changes.

MMSSB and/or its Related Corporations make no representation that this Website and/or the Service are appropriate or available for use in locations outside Malaysia. If you access this Website and/or the Service from outside Malaysia, you do so at your own risk and are responsible for ensuring compliance with local laws.

 

Use of the Service

You are solely responsible for all acts or omissions that occur when using the Service. In addition, you agree to abide by our Rules of Acceptable Use including but not limited to, agreeing that the Service may only be used for lawful purposes. You agree that you will not use the Service in a manner which will result in any criminal or civil liability for MMSSB and/or its Related Corporations.

You are solely responsible for the content which you post or transmit through the Service and you acknowledge that MMSSB and/or its Related Corporations are only the conduit for posting, distribution and transmission of data. By way of example and not as a limitation, you agree not to use the Service as follows:-

  1. to harvest or otherwise collect information about others without their consent;
  2. to create a false identity, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message;
  3. for any unlawful purposes or for any purpose which is against public interest, public order or national harmony;
  4. to publish defamatory, infringing, obscene or other unlawful material;
  5. in connection with the infringement of the copyright, patent, trademark, trade secret or other proprietary rights of any third party or rights of publicity or privacy;
  6. to post or transmit through this Website and/or the Service unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, privacy invading sexual/racially offensive or otherwise objectionable material of any kind or nature;
  7. to interfere with, damage, disrupt or unlawfully use or gain access to any service, equipment or computer network without authorisation by the owner of that service, equipment or computer network;
  8. to resell the Service or otherwise provide the Service to anyone;
  9. in a manner that result in distribution of viruses, trojan horses, worms, time bombs, cancelbots, or other similar harmful or deleterious programming routines;
  10. to transmit "junk mail", "spam", "chain letters", or unsolicited mass distribution of email, or to use this Website for any commercial purposes. You agree not to transmit any material that contain software viruses or any other computer code, files or programs design to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunication equipment;
  11. to forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the service or develop restricted password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
  12. to impersonate any other person.

Any violation of the Terms and Conditions warrants immediate termination of the use of this Site. You hereby agree that MMSSB and/or its Related Corporations merely facilitates this Website for you to send multimedia messages and does not expressly or impliedly endorse, authorise or sponsor the messages sent by you. You hereby release MMSSB and/or its Related Corporations from any liability, disputes, claims, demands and/or damages of any kind arising from or in any way connected to the use of this Site.

You are solely responsible for your access use of this Website and/or the Service, including but not limited to all content or material submitted to us or posted in polls or bulletin boards. If you do post content or submit material, unless we indicate otherwise, you grant MMSSB and/or its Related Corporations a non-exclusive, royalty free, perpetual, irrevocable, fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant MMSSB and/or its Related Corporations and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all the rights to the content that you post; that the content is accurate; that the use of the content you supply does not violate the Rules of Acceptable Use and will not cause injury to any person or entity; that you will indemnify MMSSB and/or its Related Corporations from all claims resulting from the content you supply. MMSSB and/or its Related Corporations have the right but not the obligation to monitor and edit or remove any activity or content. MMSSB and/or its Related Corporations take no responsibility and assume no liability for any content posted by you or any third party. You acknowledge that we do not pre-screen all Site Content but that MMSSB, its Related Corporations and its representatives shall have the right (but not obligation) its and their, respectively, absolute and unfettered discretion to refuse or remove any Site Content. You further acknowledge that you may not rely on any Site Content created by or on behalf of MMSSB and/or its Related Corporations or submitted to MMSSB and/or its Related Corporations and you agree to bear all risks in relation to the Site Content, including any reliance on its accuracy, completeness or usefulness.

MMSSB and/or its Related Corporations may establish general practices and limits concerning use of the Service, including without limitation, the maximum number of times (and the maximum duration for which) you may access the Service, in a given period of time.

 

Copyright Notice 

This Website and its contents including but not limited to text, graphics, images, logos, button icons, audio clips, and software are owned or controlled for these purposes by MMSSB, its Related Corporations or its content suppliers and are protected by copyright, trademarks and/or other intellectual property rights and other laws of Malaysia. You may view this Website and its contents using your web browser and save an electronic copy, or print out a copy, of parts of this Website solely for your own information. You are restricted from modifying, in any way, the contents from how it appears on this Site or any sites belonging to MMSSB and/or its Related Corporations. You must not reproduce, transmit (including broadcast), adapt or otherwise exercise the copyright in the whole or any part of this Site or MMSSB website for any other purpose except as expressly permitted.

The compilation (including but not limited to the collection, arrangement, and assembly) of all content on this Website is the exclusive property of MMSSB and/or its Related Corporations and protected by copyright. All software used on this Website is the property of MMSSB, its Related Corporations or its software suppliers and protected by copyright.

 

Trademark Notice 

This Website includes registered trademarks and trademarks which are the subject of pending applications or which are otherwise protected by law including without limitation, the word "Maxis", "Activate Your Life", "Hotlink", "Maxis Mobile", "Maxis One Club", "Maxis net" and the Maxis, Hotlink, Maxis Mobile, Maxis One Club and Maxis net logos. Unless otherwise indicated, they are owned by Maxis Broadband Sdn Bhd (234053-D) or Maxis Communications Berhad (158400-V) and are used under authority by MMSSB and/or its Related Corporations.

You may not use such trademarks or the names "Maxis", "Activate Your Life", "Hotlink", "Maxis Mobile", "Maxis One Club", "Maxis net" or any trademarks registered (or otherwise) belonging to MMSSB and/or its Related Corporations, except as permitted in the Terms and Conditions or with the specific prior written permission of MMSSB and/or its Related Corporations, as the case may be. This Website may contain the trademarks of content suppliers and electronic commerce merchants, which are protected by law, and you may not use these trademarks, at all times.

 

No Implied Licences

MMSSB grants you a limited license to access and make personal use of this Website and not to download or modify it, or any portion of it, except with prior express written consent of MMSSB. This license does not include any resale or commercial use of this Website or its contents. This license does not include any use of data mining, robots or similar data gathering or extraction tools. This Website or any portion of this Website including without limitation the materials used and displayed on this Website may not be reproduced, duplicated, copied, sold, resold, republished, downloaded, posted, distributed, disseminated, broadcast, 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. You agree not to adapt, alter or create a derivative work from this Website or any portion of this Website including without limitation the materials used and displayed on this Website or use them for any other purpose other than for the purpose stated in this paragraph.

You may not frame or utilise 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. You may not use any meta tags or any other "hidden text" utilising names, logos or trademarks belonging to MMSSB and/or its Related Corporations without express consent of MMSSB and/or its Related Corporations. Any unauthorised use terminates the permission or license granted by MMSSB herein.

Nothing contained in this Site shall be construed as conferring by implication, or otherwise, any license or right 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.

 

Linked Sites 

This Website may contain links to third party sites. MMSSB and/or its Related Corporations are not responsible for the condition or content of those sites. The link(s) are provided solely for your convenience and do not indicate, expressly or impliedly, any endorsement, authorization or sponsorship by MMSSB and/or its Related 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. MMSSB and/or its Related Corporations are not responsible for any transactions you may perform on those sites.

 

Collection and Use of Personal Information 

You acknowledge that MMSSB and/or its Related Corporations collect, use, disclose and otherwise process personal information as set out in the Maxis Privacy Statement. MMSSB 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 www.maxis.com.my 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 Service.

 

Term, Termination, Suspension or Modification 

These Terms and Conditions commence on the date, which MMSSB and/or its Related Corporations first make available the Service to you and continue until terminated according to these Terms and Conditions. MMSSB and/or its Related Corporations may terminate or suspend (temporarily or permanently) the Service or any part of the Service and/or these Terms and Conditions without notice and without having to give any reason. You agree that MMSSB and/or its Related Corporations shall not be liable to you or to any other party for such termination or suspension. Termination of these Terms and Conditions by MMSSB and/or its Related Corporations for any reason whatsoever will be without prejudice to any other rights, remedies or claims MMSSB and/or its Related Corporations may have against you under these Terms and Conditions or at law for any of your prior breaches of any of these Terms and Conditions

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.

MMSSB and/or its Related Corporations reserves the right to modify for any reason whatsoever or discontinue (temporarily or permanently) this Site at any time and from time to time with or without notice. You agree that MMSSB and/or its Related Corporations shall not be liable to you or to any other party for such modification, suspension or discontinuance of this Website.

 

Password Confidentiality

You may be required to register and provide personal details in order to access certain Services. In such circumstances, you may be required to enter your password every time you access the Service. You are responsible for maintaining the confidentiality of your password and/or user authentication and for restricting access to your computer, and you agree to accept responsibility and liabilities for all activities that occur under your password and/or user authentication. You undertake to observe all security measures prescribed by MMSSB and/or its Related Corporation concerning your password or generally in respect of the access and use of this Website and/or the Service. Should you have any reason to believe that your password has been misused and/or compromised whether by theft, fraud or otherwise, you shall inform MMSSB immediately after you becoming aware of the same.

MMSSB and/or its Related Corporation shall not be liable for any loss or damage which you and/or any third party may suffer as a result of instructions or transactions transmitted via this Website after successful usage of your password whether or not such usage was authorized by you.

You shall keep MMSSB and/or its Related Corporations fully indemnified against all loss or damage which MMSSB and/or its Related Corporations suffer(s) or may suffer in connection whether directly or indirectly to usage of your password whether by yourself/herself or any third party, authorized or otherwise.

MMSSB and/or its Related Corporations reserves the right to invalidate or suspend your password 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 or damage which you may suffer as a result of such invalidation and/or suspension.

MMSSB and/or its Related Corporations reserve the right to discontinue the password accessing system with respect to this Website and/or the Service at any time, without prior notice. MMSSB and/or its Related Corporations shall not be liable for any loss or damage which you may suffer as a result of such discontinuation.

 

Liability

MMSSB and/or its Related Corporations, its agents and representatives, the respective agents and representatives of its Related Corporations and its suppliers (including software or content suppliers) (hereinafter collectively referred to as "Suppliers") will 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:-

  1. from circumstances beyond any of the Suppliers' control or from your acts, omission, default or negligence;
  2. from our deletion or failure to store any messages or other communications maintained or transmitted by the Service;
  3. directly or indirectly in respect of the Service or any failure or omission by MMSSB and/or its Related Corporations 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 Corporations, its agents and representatives or the respective agents and representatives of its Related Corporations becoming liable for any loss or damage not capable of exclusion under these Terms and Conditions, then MMSSB and/or its Related Corporations, its agents and representatives and the respective agents and representatives of its Related Corporations' total liability for such loss is limited to Ringgit Malaysia One Hundred (RM100.00).

 

Disclaimer

This Website (including the information, names, images, pictures, logos and icons regarding or relating to MMSSB and/or the related corporations, its products and services or to third party products and services (if any)) is provided on an "as is" and "as available" basis and MMSSB makes no express or implied representation or warranties in relation to this Website, any property or information in or any transaction performed through this Site including but not limited to:

  1. all warranties of safety, legality, merchantability, satisfactory, fitness for purpose, title, non-infringement and compatibility of the Services;
  2. the security, availability, accessibility, timeliness, error-free and uninterrupted use of this Website;
  3. the truth and accuracy of the Site Content or subsequent modifications thereto;
  4. the actions and omissions of Users whether on this Site or outside this Website;
  5. any deletion, mis-delivery or failure to store any User communications or personalised settings;
  6. the inability to use this Website or any messages received or transactions entered through this Website;
  7. the accuracy and reliability of results obtained from the use of this Website and that any errors in the software will be corrected;
  8. any implied warranty arising from the course of dealing or trade; and
  9. any obligation, liability, right, claim in tort or otherwise whether or not arising from the negligence of Maxis.

To the full extent permitted by law, MMSSB and/or its Related Corporations disclaim any and all such warranties.

In no event shall MMSSB and/or Related 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 tortuous action, arising out of or in connection with your access, use of, or your inability to access or use this Website and/or the Service.

 

Indemnity

You must indemnify MMSSB and/or its Related Corporations and hold MMSSB and/or its Related Corporations harmless against all loss, costs, damages, expenses and liability arising from:-

  1. the use by you or any other person of this Website and/or the Service whether or not expressly authorised by you; or
  2. any material posted on, transmitted or received via this Website and/or the Service; or
  3. breach of any of these Terms and Conditions.

 

Assignment

MMSSB and/or its Related Corporations reserves the right to assign, subcontract or novate any or all of its rights and obligations under the Terms and Conditions. You may not, without the written consent of MMSSB and/or its Related Corporations, assign or dispose of the Terms and Conditions.

 

Notices 

Any notices or consents to be given to you may be given in such manner as MMSSB deem fit (including any electronic means) and will be deemed received if hand delivered or posted to your last known address or faxed to your last known fax number or sent to your electronic mail address. Any notices which you give to MMSSB must be sent in writing to Consumer Marketing Department, Level 15, Menara Maxis, Kuala Lumpur City Centre, 50088 Kuala Lumpur or to any other address as notified by us from time to time. Any notice to be given according to these Terms and Conditions will be deemed to be given:-

  1. if sent by pre-paid registered post, on the second business day after the date of posting;
  2. if by ordinary post, on the fifth business day after the date of posting;
  3.  if hand delivered , upon delivery;
  4. if sent by fax, upon notification that the message was successfully transmitted in its entirety; and e. if sent by email, on the date upon which the email was recorded as sent in the e-mail

 

Governing Law

By accessing and using this Website and/or the Service, you agree that such access and/or use, as well as these Terms and Conditions shall be governed by and construed in accordance with Malaysian laws and you agree to submit to the exclusive jurisdiction of the Malaysian courts.

 

General Terms

The use of the Service is also subject to the Terms and Conditions and such other terms and conditions as may be agreed or accepted by you (collectively referred to as "MMSSB's Terms & Conditions"). If there is any conflict or inconsistency between any of MMSSB's Terms & Conditions and any of these Terms and Conditions, such conflict or inconsistency will be resolved in a manner most favourable to MMSSB and/or its Related Corporations. However, if such conflict or inconsistency cannot be so resolved, MMSSB's Terms & Conditions will prevail over these Terms and Conditions.

MMSSB and/or its Related Corporations reserve the right to amend these Terms and Conditions at any time without prior notice. You are responsible for regularly reviewing information posted online to obtain notice of such amendments. Your continued access into and usage of this Website after such amendments shall be construed as your having accepted all such amendments.

These Terms and Conditions shall have effect only to the extent not forbidden by law. For avoidance of doubt, it 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 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.

If any part of the 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 the Terms and Conditions and the remaining Terms and Conditions hereof shall survive, remain in full force and effect and continue to be binding and enforceable. This Website may be accessed throughout Malaysia and overseas. MMSSB and/or its Related Corporations make no representation that the content of this Website complies with the laws (including intellectual property laws) of any country outside Malaysia. If you access this Website 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 must also:

  1. cease to utilize the Website, Service or any part thereof for such period as may be required by MMSSB.
  2. not use the Website and/or the Service to cause embarrassment, distress, annoyance, irritation or nuisance to any person.
  3. comply with all notices or directions relating to your use of the Website and/or Service 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.
  4. at all times keep the personal identification and password created confidential and not release the password to any person.

 

Definition

The following terms have the following meanings in these Terms and Conditions:-

MMSSB refers to Maxis Mobile Services Sdn Bhd, a wholly owned subsidiary of Maxis Communications Bhd (158400-V) ("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, Malaysia and/or its subsidiaries licensed to provide the Service.

Related Corporations means the related corporations as defined under the Companies Act, 1965 and include their respective employees and directors.

Service means access to, and use of internet information and/or other services, facilities or features made available on this Website..

Site Content means certain information, data, graphics, listings or other materials placed on this Website.

Terms and Conditions refer to these Terms and Conditions which govern the relationship between you and MMSSB and/or its Related Corporations for the use of the Service and to which you are granted access.

Website means http://www.maxis.com.my , http://www.hotlink.com.my and such other Maxis owned sites.

You and Your refers to the person or entity accessing and using this Website and/or the Service.