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| MAXIS WLAN SERVICE TERMS AND CONDITIONS |
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| Maxis provides the Services (as set out below)
to you at the Published Rates, subject to the following Terms and
Conditions, which may be updated by us from time to time. The current
version of these Terms and Conditions can be viewed at any time at
http://www.maxis.com.my/. In addition, when using any particular
Maxis Services, you shall be subject to any posted guidelines or
rules applicable to such Services which may be posted from time to
time at http://www.maxis.com.my/. This material, and all other material
reached through highlighted words or phrases (known as "hypertext
links") and information found in the registration process, are
hereby incorporated by reference into these Terms and Conditions
and constitute a part of the agreement that will apply to your use
of the Services. Please be sure to click on the highlighted hypertext
links to view the additional terms and conditions of this agreement.
You must be at least 18 years old to subscribe for the Services.
If you are under 18 years of age and wish to use the Services please
get your parents or legal guardians, above the age of 18, to subscribe
for the Services for you. All references to Maxis in these Terms
and Conditions, other than reference to the word Maxis as a trade
mark, shall mean Maxis Broadband Sdn Bhd (234053-D). |
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| 1. ACCEPTANCE OF TERMS THROUGH USE |
By using this Service, you signify your
agreement to be bound by all terms, conditions, and notices contained
or referenced in these Terms and Conditions. We reserve the right,
at our discretion, to update or revise these Terms and Conditions.
Please check these Terms and Conditions periodically for changes.
Your continued use of this Service following the posting of any
changes to these Terms and Conditions constitutes acceptance of
those changes. If you do not agree to these Terms and Conditions
please DO NOT use the Services.
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| 2. DESCRIPTION OF SERVICES |
| Maxis currently provides Registered Users with
the following (collectively referred to herein as the "Services"): |
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| · Wireless access to the Internet for one
Registered User; and |
| · Other value added features that may be
added by Maxis from time to time. |
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| You are a "Registered User" if you register
for the Services and you warrant that all particulars provided about
yourself are true and accurate. References to "you" and "your" include
references to any Registered User or other person or entity using
the Service. In using the Services, you shall be solely responsible
for any payment in relation to your electronic commerce transactions
or any and all other services utilised by you over the Internet.
All payment transaction using the Services shall be deemed to have
been made by you and you will be liable for all charges whatsoever
arising from all payment transactions whether authorised or unauthorised
effected with your credit card. In addition, you must provide all
equipment necessary to make such connection to the Internet including
a computer or other access devices (for eg.iPAQ) and a wireless LAN
802.11b card. The Services shall not include the provision or maintenance
of any computer equipment or software required by you to connect
to the Internet. We at Maxis continuously strive to improve services
for all our customers through careful and efficient management of
our networks especially during periods of peak demand. In order to
enable us to balance user loads, we reserve the right to time-out
or terminate the Services for periods of inactivity and/or extended
durations of activity. In the event that your session is terminated,
you may immediately try to re-logo! n to the Internet. Please be
aware that certain areas on the Internet contain adult or mature
content. You must be at least 18 years of age to access and view
such areas. |
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| 3. AGREEMENT TO RULES OF ACCEPTABLE
USE |
| You agree to abide by Maxis' Rules of Acceptable
Use, including but not limited to, agreeing that the Services may
only be used for lawful purposes. You agree that you shall not use
the Services in a manner which will result in any criminal or civil
liability for Maxis. You should review the Rules of Acceptable Use,
which can be found here. |
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| 4. COLLECTION AND USE OF PERSONAL
INFORMATION |
| You hereby acknowledge that you are aware that
your personal information ("Customer's Personal Information")
will be used and/or disclosed for the purposes set out in this Clause.
You hereby expressly consent that Maxis may use Customer's Personal
Information for any purpose which is necessary or related to Maxis'
provision of the Services to you. In this respect, you also expressly
consent that Maxis may disclose Customer's Personal Information to
Maxis' agents, contractors, business partners, associates or such
other parties as are necessary to facilitate the provision of the
Services by Maxis to you. In addition, you further expressly consent
that Maxis may use and/or disclose Customer's Personal Information
as follows:- |
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(a) to Maxis' shareholders, related and affiliated
companies for purposes of providing any goods or Services to you;
(b) to Maxis' agents, contractors, business partners or associates for purposes
of marketing programs or providing any goods or Services to its you;
(c) to payment channels including without limitation, financial institutions
for purposes of maintaining financial records, assessing or verifying credit
and facilitating payments of any amount due to Maxis pursuant to this agreement;
(d) to regulatory bodies or other authorities in compliance with requirements
under law or towards the detection or prevention of crime and/or fraud;
(e) to any party involved in or related to a legal proceeding for purposes
in connection with the legal proceedings; and
(f) to other Services providers or to parties nominated by Maxis either solely
or jointly with other Services providers, for purposes of establishing and
maintaining a common database of customers.
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| Save in accordance with the above and except as
permitted or required under any enactment, law, statute or code,
Maxis will not use or disclose Customer's Personal Information. You
hereby acknowledge your awareness that failure to provide information
to Maxis as required pursuant to these Terms and Conditions, may
result in his application for Services being rejected, the Services
or agreement created pursuant to these Terms and Conditions being
terminated and/or correspondence from Maxis including without limitation,
bill statements failing to reach you. |
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| 5. THIRD PARTY SITES |
| In no event shall Maxis be liable to anyone for
any damage arising from or occasioned by the creation or use of the
third parties' sites or lists or the information or material accessed
through these sites or lists. Maxis reserves the exclusive right
and sole discretion to add, decline or remove, without warning, any
icon or link to a list or site, from the Maxis sites. |
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| 6. CHARGES |
| The charges for the Services shall be at the rates
prescribed by Maxis from time to time and payable in advance or at
any such time in accordance with Maxis' policy and requirement. Please
click here for the Published Rates for the Services. You shall promptly
pay on demand by Maxis and at the times stipulated in such demand
all charges or other amounts in connection with the Services and
shall continue to be liable for any applicable charges during the
period of interruption or loss of the Services from any cause whatsoever.
Please note that Maxis reserves the right to vary the charges by
sending a notice to you in accordance with these Terms and Conditions.
All variations will take effect from the date specified in the notice
and you shall be bound to observe and comply with such variations.
Payment of the Services may be done by any of the following ways:- |
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| · online credit card payment; |
| · cheque/bank draft/postal order; or |
| · cash |
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| For Maxis' online registration, Maxis currently
accepts credit card payments only. Payment of the Services by credit
card shall be made using only VISA and/or MasterCard credit card.
Maxis will only consider payment as being effected upon receipt of
the validated credit card information committing to the settlement
of the appropriate amount, upon which event Maxis will charge your
credit card for the appropriate amount. Maxis shall not be responsible
for the refusal of your credit card company to honour or accept your
request for payment and any complaint by you must be resolved directly
with your credit card company and no claim against your credit card
company may be set off against Maxis. Furthermore you will not withhold
payment to Maxis on account of any such complaint or under any circumstances
whatsoever. Maxis accepts no liability whatsoever for the disclosure
of your credit card details to any unauthorised person or for any
unauthorised use of your credit card and/or credit card details.
All payments to Maxis shall be payable in full, without deduction
for any reason, including set-off, counter-claim or other equitable
or lawful claim. In any proceedings between Maxis and you, you agree
that any certificate by Maxis as to the monies for the time being
due and owing to Maxis from you in connection with the Services shall
be conclusive evidence or proof that the amount appearing therein
is due and owing and payable by you to Maxis. You shall be responsible
for the payment of all taxes, duties ( including stamp duty, if any),
fees and other charges made by any government authority in relation
to these Terms and Conditions or other services provided to you.
Interest is payable on any amount due and payable which is outstanding
under these Terms and Conditions at the lower of 1.5% per month on
such overdue amounts or RM10.00 (Ringgit Malaysia Ten) only and you
shall continue to be liable to pay such amounts, including any accrued
interest thereon. Acceptance of late or partial payments (even if
marked "Paid in Full" or with other restrictions) shall
not waive any of Maxis' rights to collect the full amount of your
Service charges. Maxis may levy an additional fee for any cheque
returned for nonpayment. You agree to reimburse Maxis for reasonable
attorney's fees and any other costs associated with collecting delinquent
or dishonored payments. In addition, you authorise Maxis to ask consumer
reporting agencies or trade references to furnish Maxis with employment
and credit information, and you consent to Maxis checking and reporting
personal and/or business payment and credit history. Maxis may require
a deposit to establish or maintain any supplemental services or features
of the Services. The deposit will be held as a partial guarantee
of payment. It cannot be used by you to pay your bill or delay payment.
Unless required by law, deposits will earn no interest. Maxis may
require you to increase your deposit at any tim! e to reflect your
estimated charges based on actual usage or our re-evaluation of your
ability to pay. Establishment of a prompt payment record or credit
may result in a partial or total refund of the deposit to you or
credit to your account. If you default or terminate your registration
with the Services, Maxis may, without notice to you, apply any deposit
towards payment of charges due. If you cancel any your registration
or subscription of the Services after the same has been accepted
by Maxis, you shall be liable to pay a cancellation charge, if any,
at Maxis' prescribed rate for cancellation. In addition, Maxis shall
be entitled to forfeit any advance charges you already paid for the
Services. Maxis shall have the right to terminate or suspend your
account for failure to pay your bill in a timely manner. Maxis may
make billing options available. If you elect to take advantage of
those billing options, you agree to abide by terms and conditions
applicable to those options. |
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| 7. PROPRIETARY RIGHTS |
| You acknowledge and agree that all content and
materials available on the Maxis sites and third party sites are
protected by copyrights, trademarks, service marks, patents, trade
secrets, or other proprietary rights and laws. You agree not to sell,
license, rent, modify, distribute, copy, reproduce, transmit, publicly
display, publicly perform, publish, adapt, edit, or create derivative
works from materials or content on the Maxis sites or any third party
sites. Notwithstanding the above, you may print or download one copy
of the materials or content on the said sites on any single computer
for your personal, non-commercial use, provided you keep intact all
copyright and other proprietary notices. Do not send Maxis any confidential
or proprietary information. Any feedback, data, answers, questions,
comments, suggestions, ideas or the like, which you send to Maxis
will be treated as being non-confidential and non-proprietary. Maxis
assumes no obligation to protect such information from disclosure
and will be free to reproduce, use, and distribute the information
to others without restriction. Maxis will also be free to use any
ideas, concepts, know-how or techniques contained in information
that you send us for any purpose whatsoever including but not limited
to developing, manufacturing and marketing products and services
incorporating such information. |
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| 8. SECURITY RISKS |
| Please note that the Services utilise an unsecured
Internet application. By using the Internet in general, you may be
subject to various risks, including among others: · Unauthorized
invasion of your privacy during, or as a result of, your or another's
use of the network. · Unauthorized exposure of information
and material you listed or sent, on or through the Services, to other
users, the general public or any other specific entities for which
the information and material was not intended by you. If you do not
wish to be subjected to these risks you are advised not to use the
Services. Furthermore, please do not use the Services for "Mission
Critical" or "Content Sensitive" applications and
purposes. For the purpose of this section "Mission Critical" applications
and purposes shall mean applications and use that may result in direct
damage; "Content Sensitive" shall mean any information
or data you do not wish to be freely accessible and generally available
to Internet users. You acknowledge that Maxis shall not be liable
for the security of your data on any of your equipment or transmitted
via the Services and that Maxis shall have no obligation to ensure,
and makes no representations or warranties concerning the security
of such data. You shall be solely responsible for the data retrieved,
stored or transmitted through the Services. You agree that Maxis
is not liable for any unauthorised access to your data even where
the access occurs as a result of a fault in equipment owned, operated
or supplied by Maxis. |
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| 9. DISCLAIMER OF WARRANTIES |
| THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS AND MAXIS AND THIRD PARTIES WHO CONTRIBUTE
TO THE SERVICES MAKE NO EXPRESS OR IMPLIED REPRESENTATION OR WARRANTIES
OF ANY KIND IN RELATION TO THE SERVICES INCLUDING BUT NOT LIMITED
TO: |
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| (a) AVAILABILITY, ACCESSIBILITY, TIMELINESS AND
UNINTERRUPTED USE OF THE SERVICES; |
| (b) SEQUENCE, ACCURACY, COMPLETENESS, TIMELINESS
OR THE SECURITY OF ANY DATA OR INFORMATION TRANSMITTED USING THE
SERVICE. |
| UNLESS OTHERWISE INDICATED IN THESE TERMS AND
CONDITIONS,THE SERVICES SHALL NOT INCLUDE THE PROVISION OR MAINTENANCE
OF ANY OF YOUR EQUIPMENT. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE
THE QUALITY, ADEQUACY, ACCURACY, COMPLETENESS, CURRENTNESS, VALIDITY
AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, CONTENT AND OTHER
INFORMATION OBTAINED OR ACCESSIBLE THROUGH THE SERVICES. For the
purposes of these Terms and Conditions, "Third Parties who Contribute
to the Services" include without limitation, Maxis' related
and affiliated corporations and their respective officers, directors,
employees, and shareholders, agents, licensors, suppliers, distributors
and any third party distributors of the Service or third party information
providers to the Services (including any third party sponsoring a
web site that Maxis by agreement establishes as a default home page
for a Registered User or otherwise provides a hyperlink to or from
the Services). |
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| 10. LIMITATION OF LIABILITY |
| UNDER NO CIRCUMSTANCES SHALL MAXIS AND THIRD PARTIES
WHO CONTRIBUTE TO THE SERVICES , BE LIABLE TO YOU OR ANYONE ELSE
USING YOUR ACCOUNT FOR ANY LOSS, DAMAGE OR COSTS INCLUDING DIRECT,
INDIRECT, PUNITIVE, AGGRAVATED, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL
DAMAGES THAT RESULT FROM THE USE OR MISUSE OF, OR INABILITY TO USE,
THE SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY
IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY
OTHER BASIS, EVEN IF MAXIS HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, MAXIS' LIABILITY
IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY
LAW. SHOULD ANY CLAIM ARISING OUT OF, OR IN CONNECTION WITH THE RELATIONSHIP
ESTABLISHED BY, THESE TERMS OF USE RESULT IN MAXIS BECOMING LIABLE
FOR ANY LOSS OR DAMAGE NOT CAPABLE OF EXCLUSION UNDER THESE TERMS
OF USE, THEN MAXIS' LIABILITY FOR SUCH LOSS SHALL BE LIMITED TO THE
LESSER OF THE FEES PAID TO MAXIS BY YOU OVER THE 12 MONTH PERIOD
PRIOR TO THE DATE OF THE BREACH; OR RM 500.00. |
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| 11. INDEMNIFICATION |
| You agree to defend, indemnify, and hold harmless
Maxis and Third Parties who Contribute to the Services from all liabilities,
claims, and expenses, including attorney's fees, that arise from
your use or misuse of the Services including without limitation,
a claim for patent, trademark copyright or other intellectual property
right or proprietary right infringement being made by a third party
against Maxis in connection with your use of the Services; the use
of the Services by a person using the Logon Details with or without
your authority; your non-compliance with these Terms and Conditions.
Maxis reserves the right, at its own expense, to assume the exclusive
defense and control of any matter otherwise subject to indemnification
by you, in which event you will cooperate with Maxis in asserting
any available defenses. |
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| 12. INTERNATIONAL USE |
| Maxis makes no representation that materials on
the Maxis sites and/or the Services are appropriate or available
for use in locations outside Malaysia, and accessing them from territories
where their contents are illegal is prohibited. Those who choose
to access the Maxis sites or the Services from other locations do
so on their own initiative and are responsible for compliance with
local laws. |
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| 13. CHOICE OF LAW AND FORUM |
| These Terms and Conditions shall be governed by
and construed in accordance with the laws of Malaysia, excluding
its conflicts of law rules. You expressly agree that the exclusive
jurisdiction for any claim or action arising out of or relating to
these Terms and Conditions or your use of the Services shall be filed
only in the courts located in Malaysia. |
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| 14. SEVERABILITY |
| Unless otherwise specified herein, these Terms
and Conditions constitute the entire agreement between you and Maxis
with respect to the Services and supersede all prior or contemporaneous
communications and proposals (whether oral, written, or electronic)
between you and Maxis with respect to the Services. If any part of
these Terms and Conditions is held invalid or unenforceable, that
portion shall be construed in a manner consistent with applicable
law to reflect, as nearly as possible, the original intentions of
the parties, and the remaining portions shall remain in full force
and effect. |
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| 15. TERMINATION |
| Maxis reserves the right, in its sole discretion,
to terminate or suspend your access to the Services, with or without
notice for any reason whatsoever. |
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| 16. NOTICES |
| Any notice or consents to be given by Maxis to
you may be given by Maxis in such manner as it deems appropriate
(including by any electronic means) and any notice or correspondence
sent to you shall be deemed duly received if hand delivered or sent
by post to your last known address or faxed to you at your last known
fax number or sent to your Maxis electronic mail address. Any notice
to be given by you to Maxis under this Terms and Conditions shall
be in writing and sent to Maxis Broadband Sdn Bhd, Customer Relations
Unit, Level 11 Menara Maxis, Kuala Lumpur City Center, 50088 Kuala
Lumpur or to any other address notified by Maxis from time to time.
Any notice given pursuant to this Clause shall be deemed to have
been served if :- |
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| · sent by prepaid registered post, on the
second business day after the date of posting, |
| · sent by ordinary post, on the fifth business
day after the date of posting, |
| · hand delivered, upon delivery; |
| · sent by fax, upon notification that the
message was successfully transmitted in its entirety; and |
| · sent by email, on the date upon which
the email was recorded as sent in the e-mail server. |
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| 17. MISCELLANEOUS |
| Our decision not to enforce a particular provision
of these Terms and Conditions does not constitute a waiver of our
rights to enforce it. We will only waive such a right in writing.
We may assign our rights under these Terms and Conditions without
notice to you. However, you may not assign your rights to anyone.
Maxis Rules of Acceptable Use These Rules of Acceptable Use constitute
an integral part of the Terms and Conditions and by using the Services,
you signify your agreement to be bound by all terms, conditions,
and notices contained or referenced in the Terms and Conditions including
without limitation these Rules of Acceptable Use. Maxis reserves
the right to modify these Rules at any time, effective upon posting
of the modified Rules to at http://www.maxis.com.my/. Any modifications
to these Rules will be made at Maxis' sole discretion and it is your
responsibility to ensure your awareness of any such changes. ILLEGAL
USE The Maxis network may be used only for lawful purposes. Transmission,
distribution or storage of any material in violation of any applicable
law or regulation is prohibited. This includes, without limitation,
material protected by copyright, trademark, trade secret or intellectual
property right used without proper authorisation, and material that
is offensive, obscene, indecent, abusive, defamatory, seditious,
abusive or hateful, false, constitutes an illegal threat, or may
constitute junk mail, unauthorized advertising or harassment, invades
anyone's privacy, or encourages conduct that would constitute a criminal
offense, give rise to civil liability, or otherwise violate any local,
state, national or international law or regulation. |
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| SYSTEM AND NETWORK SECURITY |
| Violations of system or network security are prohibited,
and may result in criminal and civil liability. Examples of system
or network security violations include, without limitation, the following
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| · Unauthorised access to or use of data,
systems or networks, including any attempt to probe, scan or test
the vulnerability of a system or network or to breach security or
authentication measures without express authorisation of the owner
of the system or network; |
| · Unauthorised monitoring of data or traffic
on any network or system without express authorisation of the owner
of the system or network; |
| · Interference with service to any user,
host or network including, without limitation, mailbombing, flooding,
deliberate attempts to overload a system and broadcast attacks; |
| · Forging of any TCP-IP packet header or
any part of the header information in an email or a newsgroup posting. |
| · Circumventing any user authentication
or security of any host, network, or account (referred to as "cracking" or "hacking"),
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· Interference with service to any user,
host, or network (referred to as "denial of service attacks").
The Maxis network may be used to link into other networks worldwide
and you agree to conform to the acceptable use policies of these
other networks. |
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| RESALE PROHIBITED |
| You may not resell or otherwise provide the Services
or any part thereof, to another person or entity whether for profit
or otherwise. |
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| VIOLATIONS OF THESE RULES |
| INDIRECT OR ATTEMPTED VIOLATIONS OF THESE RULES,
AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON YOUR BEHALF,
SHALL BE CONSIDERED VIOLATIONS OF THESE RULES BY YOU. Maxis will
fully co-operate with investigations of suspected criminal violations,
violation of systems or network security under the leadership of
law enforcement or relevant authorities. Violation of these Rules
may result, among other things, in the suspension or cancellation
of your access to the Services, Maxis' network, system, servers,
various directories, listings, information and databases. Maxis has
no practical ability to restrict all conduct, communications or content
which might violate these Rules prior to its transmission on or through
the Services, nor can Maxis ensure prompt removal of any such communications
or content after transmission or posting. Accordingly, Maxis does
not assume liability to you or others for any failure to enforce
the terms of these Rules. |
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| 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. Registration First,
you may provide us with certain information such as your name, identity
card or passport number, postal address, date of birth, profession,
age and sex when registering for the Services. This information is
used for purposes such as personalization and verification. |
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| 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. Registration First,
you may provide us with certain information such as your name, identity
card or passport number, postal address, date of birth, profession,
age and sex when registering for the Services. This information is
used for purposes such as personalization and verification. |
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| Cookies |
| Second, we may track your visit to the Maxis sites
by giving you a "cookie" when you enter. Cookies are pieces
of information that web sites transfer to your computer's hard drive
for record-keeping purposes. Maxis uses 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 Web sites. 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 wi! ll
not function properly if you set your browser to not accept cookies. |
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| Opt-Out |
| We offer you the ability to opt-out of receiving
information on Maxis updates and new services. Any modifications
to this statement will be posted in this space. We welcome any questions
or comments you have; please direct them to support@maxis.net.my.
Your experience is extremely important to us and we respect your
rights. |
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