The Service is brought to you by Maxis Mobile Services Sdn Bhd (73315-V) ("MMSSB") and provided to you subject to these terms and conditions.
These terms and conditions are published on our official website (www.hotlink.com.my), which is also available at our Maxis Centres. You acknowledge that you have read and fully understand all these terms and conditions. Your use of the Service, upon activation, constitutes unconditional acceptance by you 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.
The following terms are defined terms:
1.1 "Account" means the account maintained on your behalf by us which records the unused portion of call credits purchased by you from MMSSB;
1.2 "Active Period" means 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;
1.3 "Start Date" means the starting date you may use the Service up to the value of the call credit in your Account;
1.4 "Expiry Date" means the last date you may use the Service up to the value of the call credit in your Account;
1.5 "Credit Grace Period" means a period during which you are not allowed to use the Service unless you perform the top up in order to re-activate your service;
1.6 "Mobile Number" means Mobile Station International Subscriber Directory Number (MSISDN);
1.7 "Related Corporations" means the related corporations as defined under the Companies Act, 1965 and include their respective employees and directors;
1.8 "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;
1.9 "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 any compatible device in order for you to be able to enjoy the service.
1.10 "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;
1.11 "Starter Kit" means the pack sold by MMSSB containing the SIM Card and relevant information on the Services;
1.12 "Terms and Conditions" means these terms and conditions and the terms of services, policies and procedures in the Starter Kit and in our official website (www.hotlink.com.my) as may be varied or modified from time to time at MMSSB's sole discretion;
1.13 "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;
1.14 "us" or "our" or "we" means MMSSB and its Related Corporations; and
1.15 "you" or "your" or "Subscriber" 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 at least 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 these terms and conditions and ensure that any person you allow to use the Service complies with these terms and conditions.
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 Credit Grace Period, otherwise your Account will be terminated and your balance 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 credit or for any damage, cost, loss or expenses suffered as a result of the termination of your Account or Service.
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 Starter Kit 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.
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.
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.hotlink.com.my/pdpa or www.maxis.com.my/pdpa, 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.
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 or 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:
9.1 the use or inability to use by you or any persons authorised by you, of the Services or any part thereof;
9.2 any malfunction, unauthorised use, cloning of or defect in the Services /SIM Card or any part thereof for whatever reasons; and
9.3 any act, omission, error, default or delay by our officers, employees and agents and/or our Related Corporations in relation to the Services.
Without limiting the generality of Clause 9, 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:
10.1 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;
10.2 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;
10.3 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; and
10.4 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.
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.
We shall be entitled at our absolute discretion to suspend or disconnect access to the Services without notice or compensation to you:
12.1 if any technical failure occurs in the Services or the Related Corporations' network;
12.2 while the Services are being upgraded, modified or maintained;
12.3 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;
12.4 if we are required to do so by law, statute, enactment, code or by any relevant authorities; and
12.5 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 Clauses 12.1 and 12.2 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.
These 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 Starter Kit 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.
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.
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.
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.
in the event goods and services tax (“GST”) is applicable to services or equipment (if any) provided by MMSSB under this Agreement, MMSSB is entitled to charge GST payable to the government on the Service and/or any MMSSB services or equipment (if any) supplied to you.
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, Level 21, 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 national newspapers in the main languages, published daily and circulating generally throughout Malaysia.
Should there be any discrepancy between these Terms and Conditions and the Terms and Conditions on 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), followed by these Terms and Conditions.