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By accessing and
using this website you accept without limitation or
qualification, all of these terms and conditions will
take effect on the date which you first use this website.
If these terms and conditions are not accepted in full,
the use of this website must be terminated immediately.
Maxis reserves the right to change these terms and conditions
at any time by posting changes online without prior
notice. You are responsible for reviewing regularly
information posted online to obtain timely notice of
such changes. Your continued use of this website following
the postings of any changes to these terms and conditions
constitutes acceptance of those changes. All references
to Maxis in these terms and conditions other than the
reference to the word Maxis as a trademark in the Trademark
Notice below, shall mean Maxis Mobile Sdn Bhd (229892-M),
the operator and provider of this website. All references
to you or your means persons accessing this website.
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 Maxis or its content suppliers ("Copyrights")
and are protected by copyright, trademarks and other
laws.
The compilation (meaning
the collection, arrangement, and assembly) of all content
on this website is the exclusive property of Maxis and
its content providers (where applicable) and protected
by copyright. All software used on this website are
owned or used under license by Maxis or its software
suppliers and protected by copyright.
Trademark
Notice
This website includes names, symbols, marks and trademarks
which are the subject of pending applications or which
are otherwise protected by law including without limitation,
the word "Maxis" and Maxis logos ("Trademarks").
Unless otherwise indicated, they are owned by Maxis
Mobile Sdn Bhd (229892-M) and its holding company or
subsidiaries or related corporations as defined under
the Companies Act 1965 or Maxis' content providers,
and are used under authority by Maxis and may be the
subject of rights in other countries.
The use of these Trademarks
or any other material on this website is prohibited.
DISCLAIMER
THIS WEBSITE INCLUDING BUT NOT LIMITED TO THE INFORMATION,
PROGRAMMES, CONTEST, NAMES, IMAGES, PICTURES, LOGOS
AND ICONS REGARDING OR RELATING TO MAXIS, ITS PRODUCTS
AND SERVICES (OR TO THIRD PARTY PRODUCTS AND SERVICES),
NAMES, PICTURES, LOGOS AND ICON (IF ANY), IS PROVIDED
ON AN "AS IS" AND "AS AVAILABLE"
BASIS WITHOUT ANY REPRESENTATION OR WARRANTIES OF ANY
KIND WHETHER EXPRESS OR IMPLIED TO THE FULLEST EXTENT
PERMITTED BY LAW. MAXIS, AND ITS HOLDING COMPANY OR
SUBSIDIARIES OR RELATED CORPORATIONS AS DEFINED UNDER
THE COMPANIES ACT 1965 DISCLAIM AND EXCLUDE TO THE FULLEST
EXTENT PERMITTED BY LAW, ALL WARRANTIES RELATING TO
THE CONTENT, INFORMATION, SERVICES, PRODUCTS OR MATERIALS
INCLUDED ON THIS WEBSITE INCLUDING BUT NOT LIMITED TO,
ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY
AND ACCURACY. IN NO EVENT SHALL MAXIS AND ITS HOLDING
COMPANY OR SUBSIDIARIES OR RELATED CORPORATIONS AS DEFINED
UNDER THE COMPANIES ACT 1965, 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 TORTIOUS ACTION,
ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS, USE
OF, OR YOUR INABILITY TO ACCESS OR USE THE WEBSITE.
TO THE FULLEST EXTENT
PERMITTED BY LAW, MAXIS AND ITS HOLDING COMPANY OR SUBSIDIARIES
OR RELATED CORPORATIONS AS DEFINED UNDER THE COMPANIES
ACT 1965 DO NOT WARRANT THAT THE FUNCTIONS CONTAINED
IN THE MATERIAL CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED
OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT
THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE
FREE OF VIRUSES OR BUGS OR REPRESENTS THE FULL FUNCTIONALITY,
ACCURACY, RELIABILITY OF THE MATERIALS
License and website access
Maxis 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 express
written consent of Maxis. This license does not include
any resale or commercial use of this website or its
contents. 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 personal reference. Any other use requires
the prior written permission of Maxis. 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 the Trademark,
or other proprietary information (including images,
text, page, layout, or form) of Maxis and its related
and affiliated corporations without Maxis' express
written consent. You may not use any meta tags or any
other "hidden text" utilising Maxis'
name or Trademarks without express written consent of
Maxis. Any unauthorised use terminates the permission
or license granted by Maxis herein.
Nothing contained
in the website shall be construed as conferring by implication,
estoppels or otherwise, any license or right under any
patent, trademark, copyright (except as expressly provided
in these terms and conditions) or any proprietary rights
of Maxis or its licensors.
Use of Website
The materials used and displayed on this website may
not be copied, reproduced, republished, downloaded,
posted, distributed, disseminated, sold, published,
broadcast or transmitted in any way except for your
own personal non-commercial home use. Any other use
requires prior written permission of Maxis. You are
prohibited from adapting, altering or creating a derivative
work from any of such materials or use them for any
other purpose other than for your personal non-commercial
use.
You agree to use this
website only for lawful purposes, and in a manner which
does not infringe the rights of, or restrict or inhibit
the use and enjoyment of this website by any third party.
Such restriction or inhibition includes, without limitation,
conduct which is lawful, or which may harass or cause
distress or inconvenience to any person, the transmission
of obscene or offensive content or of defamatory, racially
or ethnically objectionable material of any kind or
disruption of normal flow of dialogue within this website.
You will be responsible for and indemnify and hold harmless
Maxis, its subsidiaries, affiliates, agents and representatives
against any claim arising from any material that you
post or transmit.
Maxis and its affiliates
shall not be responsible for material submitted to Maxis
or posted in chat rooms, bulletin boards and other user
created pages which allow you and other users to post
information, provide feedback about Maxis, and interact
in real time. By accessing the website with Maxis, you
grant Maxis and its affiliates permission to use any
information, suggestions, ideas, drawings or concepts
communicated for any purpose Maxis chooses, commercial,
public or otherwise without compensation whatsoever.
Maxis reserves the right, in its sole discretion, to
remove or modify or refuse to post any material submitted
to or posted on the chat rooms, bulletin boards or in
other areas of this website at any time. You acknowledge
that Maxis and its affiliates do not control the information
available on the bulletin boards and other user generated
pages on this website and that any opinion, advice,
statements, services, offers or other information or
content presented or disseminated therein are those
of their respective authors who are solely responsible
and liable for their content.
Use of Information
Any information, ideas, concepts, know-how or techniques
provided by, or obtained from you or your use of this
website shall be deemed to be non-confidential and non-proprietary
and Maxis and its affiliates shall be free to reproduce,
use, disclose and distribute information to others without
limitation. Additionally, Maxis and its holding company
or subsidiaries or related corporations as defined under
the Companies Act 1965 shall be free to use such information
for any purpose whatsoever, including but not limited
to developing, manufacturing and marketing products
incorporating such information or for publicity purposes,
without your prior written consent.
Maxis Rules of Acceptable Use
You further undertake NOT to use this website in a manner
that may infringe the rights or restrict the use and
enjoyment of this website by any third party, and this
includes:
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conduct
or material which is unlawful, offensive, obscene,
indecent, defamatory, seditious, abusive or hateful,
false, racial or which may harass, distress or cause
inconvenience to any person or invade another's
privacy, constitutes an illegal threat or constitutes
junk mail, encourages conduct that would constitute
a criminal offence, give rise to civil liability
or otherwise violate any local, state, national
or international law or regulation; |
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use of material in a manner which
infringes any copyright, trademark or any intellectual
property right; |
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use of material protected by
trade secret without due authorization; |
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impersonating any
person or entity including but not limited to a
Maxis official or host or falsely stating or otherwise
misrepresenting your affiliation with a person or
entity; |
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unauthorized access
or use of data, systems or networks including any
attempt to prove, scan or test the vulnerability
of a system or network; |
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monitoring without authority
data or traffic on any network or system; |
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using or attaching
any viruses, Trojan horses, time bombs, worms, cancelbots
or like devices which could damage, interfere, intercept
or expropriate any system; or interfering with the
service of any user, host or network including but
not limited to mailbombing, flooding, broadcast
attacks database or placing unreasonable burden
on Maxis' system(s); |
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circumventing any user authentication
or security of any host, network or account (cracking
or hacking); and |
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reselling or providing this website
or any part thereof to another person or entity
for profit or otherwise. |
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Maxis may in its absolute
and unfettered discretion delete, amend or refuse to
post any material submitted to Maxis or other user created
pages which allow you and other users to post information,
provide feedback about Maxis, and interact in real time,
and remove or refuse anything that violates the above
acceptable use. Maxis reserves the right to investigate
potential abuses of the Maxis Rules of Acceptable Use
and Maxis will fully co-operate with investigations
of suspected criminal violations, violations of system
or network under the leadership of law enforcement or
relevant authorities. Maxis further reserves the right
to suspend or terminate your right to access this website
if is discovered that you have provided us with false
or misleading registration or other information or violated
or attempted to violate any term of the Maxis Rules
of Acceptable Use.
Maxis reserves the
right to make modifications to the Maxis Rules of Acceptable
Use at any time by posting changes online without prior
notice. Please check these Maxis Rules of Acceptable
Use periodically for changes. Your continued use of
this website following the posting of any changes to
the Maxis Rules of Acceptable Use constitutes acceptance
of those changes.
Termination
and Suspension
Maxis reserves the right to modify for any reason whatsoever
or discontinue (temporarily or permanently) this website
at any time and from time to time with or without notice.
You agree that Maxis shall not be liable to you or to
any other party for such modification, suspension or
discontinuance of this website.
Maxis reserves the
right without prior notice, to terminate your access
to or use of this website and/or remove any postings
or feedback supplied by you for any reason including
but not limited to violation of any of these terms and
conditions and/or lack of use of this website. You agree
that Maxis shall not be liable to you or any other party
for any termination of your access to or use of this
website.
Linked Sites
This website may contain links to other websites including
third party websites. You acknowledge and agree that
each of those websites are governed by their respective
terms and conditions which you agree to abide by when
using those websites. The terms and conditions therein
contained are enforceable directly against you on its
own behalf by the respective owners of those websites.
Maxis is not responsible for the condition or content
of those websites as they may not be under Maxis'
control. The link(s) are provided solely for your convenience
and do not indicate, expressly or impliedly, any endorsement,
authorisation or sponsorship by Maxis of those websites
or the products or services provided there. You access
those websites and use their products and services solely
at your own risk. Maxis is not responsible for any transactions
you may perform on those websites.
Maxis Privacy
Statement
Users are solely responsible for all information they
provide whether in the registration, listing, bidding
process or otherwise and Maxis. All users however do
grant Maxis a non-exclusive, worldwide, perpetual, irrevocable,
royalty-free and sub-licensable right to exercise the
copyright and publicity rights in such information subject
to the Maxis Privacy Statement, which can be viewed
here.
Indemnity
By accessing and using this website you agree to indemnify
and hold harmless Maxis and its related or affiliated
corporations against any losses, expenses claims and
liability arising from any breach of these terms and
conditions.
Assignment
Maxis reserves the right to assign, subcontract or novate
any or all of its rights and obligations under these
terms and conditions. You may not without the written
consent of Maxis assign or dispose of these terms and
conditions.
Miscellaneous
If there is any conflict between these terms and conditions
and rules and/or specific terms of use appearing on
this website relating to specific material then the
latter shall prevail.
If any of these 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 these terms and conditions and the
remaining terms and conditions shall survive, remain
in full force and effect and continue to be binding
and enforceable.
These terms and conditions
shall be governed by and construed in accordance with
the laws of Malaysia without reference to any principle
of conflict of laws. Disputes arising out of or related
to this website shall be exclusively subject to the
jurisdiction of the courts of Malaysia.
This website may be
accessed throughout Malaysia and overseas. Maxis and
its affiliates 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.
Maxis Privacy Statement
At Maxis, we recognise that you are a unique
individual with your own distinct preferences. Our aim
is to provide you with information and services which
are most relevant to you. In order to achieve this,
we need to get to know you and collect information to
understand what differentiates you from each of our
other users. We collect information about you in two
ways.
First, you may provide
us with certain information such as your name, identity
card or passport number, postal address, date of birth
and sex when registering for any of the services included
on this website. This information is used for purposes
such as personalisation and verification.
Second, we may track
your visit to this website by giving you a "cookie"
when you enter. Cookies are pieces of information that
this website transfers to your computer's hard
drive for record-keeping purposes. Maxis may use cookies
to make visiting our sites and our partner sites easier.
Cookies allow us to save passwords and preferences for
you so that you will not have to re-enter them the next
time you visit. Cookies also help us track user trends
and patterns. Cookies also help us collect anonymous
click stream data for tracking user trends and patterns.
In addition, third party advertising networks may issue
cookies when serving advertisements. The use of cookies
is now an industry standard, and you will find them
used on most major websites. Most browsers are initially
set up to accept cookies. If you prefer, you can reset
your browser either to notify you when you have received
a cookie, or to refuse to accept cookies. You should
understand that areas of certain sites will not function
properly if you set your browser to not accept cookies.
Use of Personal
Information
Any information you provide to Maxis when registering
for any services on this website is maintained and accessible
only by Maxis and its holding company or subsidiaries
or related corporations as defined under the Companies
Act 1965. Maxis may use this information to offer you
the opportunity to receive notices regarding other Maxis
products or services or the products or services of
Maxis' affiliated and related corporations and
to further personalise your Maxis experience. Maxis
may also use this information to send materials to you
for marketing purposes, but Maxis will take commercially
reasonable steps to safeguard the information from unauthorised
access, and unless we specifically disclose it to you
at the time of collection, we will not make customer
specific information that is gathered available to unaffiliated
organisations for commercial purposes unrelated to the
business of Maxis and its affiliated and related corporations.
Maxis will not disclose
any information about any individual user except to
comply with applicable law or request or directive from
any regulatory authority or governmental body or agency
or other valid legal process or to protect the personal
safety of our users or the public.
Sharing of
Information
The individually identifiable information that you provide
will be used extensively within Maxis and its affiliated
and related corporations to provide a personalised experience
to you. Except as described in this Privacy Statement,
Maxis will not wilfully disclose individually identifiable
information about users of this website to anyone outside
Maxis' affiliated or related corporations without
first receiving that user's permission, and Maxis
will use its best endeavours to prevent this information
from appearing in unauthorised mailings and other solicitations.
Children's
On-line Privacy Protection
Maxis understands the importance of protecting
children' privacy, especially in an on-line environment.
The website is not intentionally designed for or directed
at children 18 years of age or younger, and Maxis will
not intentionally collect or maintain information about
anyone under the age of 18.
Consent
By using the website, you consent to the collection,
use and storage of your information by us in the manner
described in this Privacy Statement and elsewhere on
this website. Maxis reserves the right to make modifications
to the Privacy Statement at any time by posting changes
online without prior notice. Please check this Privacy
Statement periodically for changes. Your continued use
of this website following the posting of any changes
to the Privacy Statement constitutes acceptance of those
changes.
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