Terms & Conditions
Service Specific Terms & Conditions – Maxis SafeDevice Program (“SSTC”)
Version 1st June 2025
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- Maxis SafeDevice Program (“Program”) is a program which contains, amongst others, insurance coverage underwritten by The Pacific Insurance Berhad (“Pacific”) and distributed by Maxis as Pacific’s corporate agent. Pacific is a member of PIDM. The benefit(s) payable under the eligible Certificate of Insurance is protected by PIDM up to certain limits. Please refer to PIDM’s TIPS Brochure or contact Pacific or PIDM (visit https://www.pidm.gov.my/en).
- The Program is only available to existing customers who maintain an active subscription of Maxis SafeDevice Protection Service Programme (“Old Program”) as at 1st June 2025 (“Eligible Subscribers”). The applicable terms and conditions of the Old Program are at https://www.maxis.com.my/en/terms-conditions/mobile-value-added-services/safedevice/ (“Old Program Terms & Conditions”).
- If you are an Eligible Subscriber, you will receive SMS notification from us notifying you the changes of the Program mainly, the insurance coverage of the Program is now underwritten by Pacific, and an email from Pacific enclosing a copy of the Certificate of Insurance in respect of your Plan under the Program.
- Upon the commencement date of Period of Insurance as indicated in the Certificate of Insurance issued to you by Pacific, this Service Specific Terms & Conditions – Maxis SafeDevice Program (“SSTC”) will apply to you and shall supersede and replace the Old Program Terms & Conditions in its entirety.
- Unless otherwise defined in this SSTC, all capitalised terms herein shall have the same meanings as defined in the General Terms and Conditions of Services – Maxis Consumer at https://www.maxis.com.my/en/terms-conditions/general/maxis-consumer/ (“GTC”).
- To the extent where the GTC is applicable to the Program and in the event of any conflict or inconsistency between this SSTC and the GTC, this SSTC shall prevail to the extent of such conflict or inconsistency.
- To the maximum extent permissible by applicable laws, we reserve the rights to suspend, discontinue or modify the Program or any part thereof, at any time at our sole discretion.
- To the maximum extent permissible by applicable laws, we reserve the rights without liability, to revise this SSTC, the GTC, Program and our pricing at our sole discretion. Where reasonably practicable, we will give you reasonable advance notice of such changes and all previous versions of our user guides or leaflets will be superseded. You accept that you are responsible for regularly reviewing information on the Program and Service(s) at www.maxis.com.my/terms-conditions/. Your continued payment and/or enjoyment of the benefits and use of the Service(s) under the Plan(s) after the Effective Date of any revision/change to the SSTC, GTC, Program, Plan(s) and/or Services shall constitute unconditional acceptance by you of such revision/change and you shall be bound by the same.
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- Accident or Accidental shall mean a sudden, unintentional, unexpected, unusual, and specific event that occurs at an identifiable time and place which shall, independently of any other cause, be the sole cause of loss or damage to the Covered Device. The said event shall result in physical loss, damage or destruction to the Covered Device, which prevents the correct operation of the Covered Device, including glass breakage (back and front LED screen), physical loss or damage from collision, drop and compression or Liquid Damage.
- Account shall mean the Maxis account that you have registered with your mobile number (MSISDN).
- Attended Theft shall mean the dishonest and unlawful appropriation of the Covered Device belonging to you without your consent while the Covered Device is in your or your authorised person’s possession, with the intention of permanently depriving you of that Covered Device, and which occurrence can be specifically identified by you.
- Certificate of Insurance is a document issued by Pacific to you which details the necessary information regarding the Plan such as Covered Device, unsubsidized retail value of the Covered Device (at the time of purchase), Deductible, Premium, effective date of coverage, and expiry date of coverage. It will be issued to you by Pacific after the payment of the applicable Premium has been made, which payment shall be deemed proof of the insurance cover provided to your Covered Device.
- Claim(s) means a request by you asking for compensation from Pacific in the form of Device Replacement in the event of Accidental damage and loss of Device due to Attended Theft.
- Deductible shall mean the amount to be paid by you for each approved Claim to Pacific’s Service Provider before a Replacement Device is provided to you to replace the damaged or lost Covered Device upon Pacific’s approval of the Claim.
- Covered Device(s) means smartphone(s), wearable(s) or tablet(s) which you have purchased and subscribed to: (i) Maxis Device Contract (see https://www.maxis.com.my/en/terms-conditions/devices/contract/device-contract/) or Maxis Zerolution Contract (see https://www.maxis.com.my/en/terms-conditions/devices/contract/zerolution/), with a Maxis Postpaid plan; and (ii) the Old Program. Each Covered Device can only be covered with one (1) Plan at any point of time.
- Liquid Damage shall mean damage caused to the Covered Device due to Accidental entry of fluid into the Covered Device’s internal circuitry touch panel, sub-board, battery and has prevented the correct operation of the Covered Device.
- Monthly Program Fee means the recurring monthly fees in respect of your subscription to the Program, inclusive of applicable tax, consisting of the: (i) Premium; and (ii) Service Fee, charged to your Maxis Bill and payable by you to Maxis. Please refer to Table 1 and Table 2 in Clause 32 below for applicable Monthly Program Fee and a detailed breakdown of the Monthly Program Fee.
- Overseas Temporary Rental Cost shall refer to the cost of rental of temporary electronic device, following the Attended Theft of the Covered Device occurring while you are outside of Malaysia.
- Refurbished Device means a previously owned device of the same make and model, capacity and colour as the Covered Device, and which has been inspected, repaired (if necessary) and restored to a like-new condition with a ninety (90) days’ warranty commencing from the date of your receipt of the Refurbished Device.
- Replacement Device refers to Refurbished Device.
- Service(s) means any of the services provided by Maxis and/or its appointed and authorised service provider to you under the Program, which includes the provision of call center and dedicated email for enquiries and support, collection of necessary documentations for Claims approval, facilitating replacement of the Covered Device as well as pickup and delivery services to you.
- Service Fee means the fees payable by you to Maxis for the Service(s) made available to you under the Program. The Service Fee is a component of the Monthly Program Fee.
- Plan means the insurance plan subscribed by you as stated in the Certificate of Insurance. The Plan forms part of the Program and provides insurance coverage to your Covered Device in the event of Accidental damage and Attended Theft (including unauthorized calls and overseas temporary rental cost subject to a limit of RM 500). The Replacement Device provided under the Plan is a Refurbished Device, which will be delivered to you after your payment of applicable Deductible and upon confirmation of your delivery address.
- Policy Schedule and Manuscript means the policy document issued by Pacific for the Plan, which is accessible here and here.
- Premium means the amount payable by you to Pacific, as underwriters of the risks under the Plan. The Premium is a component of the Monthly Program Fee and is exclusive of any tax.
- Program as defined in Clause 1 above, means the Maxis SafeDevice Program owned and administered by Maxis to you, which consists of:
- the Plan underwritten by Pacific; and
- Services as defined in Clause 21 above.
- Unauthorized Calls shall refer to the cost of unauthorised calls, messages or internet downloads incurred by you as a result of or arising from the occurrence of Attended Theft.
- We, Our and Us refers to Maxis Broadband Sdn Bhd.
- You means the Eligible Subscribers who signed up for the Program.
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- You must be an existing customer of Maxis who subscribed to the Old Program and maintain active subscription to the Old Program as at 1st June 2025.
- Only one (1) Covered Device, under one (1) MSISDN is allowed to be subscribed to the Program at any point in time.
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- The applicable Monthly Program Fee payable by you for subscription of the Plan under the Program is determined by the recommended retail price of your Covered Device (“Device RRP”) at the time you obtain the Covered Device from Maxis. Please refer to ‘Table 1’ and ‘Table 2’ below for the applicable Monthly Program Fee and its breakdown respectively:
Table 1: Monthly Program Fee
Device RRP
Monthly Program Fee
Smartphones &Tablets
Smartwatches
RM0.00 to RM500.00
RM 6
-
RM501.00 to RM1,000.00
RM12
RM 6
RM1,001.00 to RM2,000.00
RM 24
RM 12
RM2,001.00 to RM3,000.00
RM 33
RM 17
RM3,001.00 to RM4,000.00
RM 33
RM 17
RM4,001.00 to RM4,800.00
RM 33
RM 17
RM4,801.00 to RM6,000.00
RM 43
-
RM6,001.00 to RM7,100.00
RM 52
-
RM7,101.00 to RM8,000.00
RM 64
-
RM8,001.00 to RM9,000.00
RM 75
-
RM9,001.00 to RM10,000.00
RM 85
-
RM10,001.00 to RM11,000.00
RM 95
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Table 2: Breakdown of Monthly Program Fee
Device RRP Maxis SafeDevice Smartphones & Tablets Smartwatches RM0.00 to RM500.00 Monthly Program Fee
RM 6.00
Insurance Gross Premium*
RM 3.62
Insurance Tax
RM 0.29
Insurance Payable Amount
RM 3.91
Commission (25%)
(RM 0.91)
Service Fee (incl. Tax)
RM 2.09
Not Applicable RM501.00 to RM1,000.00 Monthly Program Fee
RM 12.00
Insurance Gross Premium*
RM 7.23
Insurance Tax
RM 0.58
Insurance Payable Amount
RM 7.81
Commission (25%)
(RM 1.81)
Service Fee (incl. Tax)
RM 4.19
Monthly Program Fee
RM 6.00
Insurance Gross Premium*
RM 3.62
Insurance Tax
RM 0.29
Insurance Payable Amount
RM 3.91
Commission (25%)
(RM 0.91)
Service Fee (incl. Tax)
RM 2.09
RM1,001.00 to RM2,000.00 Monthly Program Fee
RM 24.00
Insurance Gross Premium*
RM 14.46
Insurance Tax
RM 0.82
Insurance Payable Amount
RM 15.62
Commission (25%)
(RM 3.62)
Service Fee (incl. Tax)
RM 8.38
Monthly Program Fee
RM 12.00
Insurance Gross Premium*
RM 7.23
Insurance Tax
RM 0.58
Insurance Payable Amount
RM 7.81
Commission (25%)
(RM 1.81)
Service Fee (incl. Tax)
RM 4.19
RM2,001.00 to RM3,000.00 Monthly Program Fee
RM 33.00
Insurance Gross Premium*
RM 19.88
Insurance Tax
RM 1.59
Insurance Payable Amount
RM 21.47
Commission (25%)
(RM 4.97)
Service Fee (incl. Tax)
RM 11.53
Monthly Program Fee
RM 17.00
Insurance Gross Premium*
RM 10.24
Insurance Tax
RM 0.82
Insurance Payable Amount
RM 11.06
Commission (25%)
(RM 2.56)
Service Fee (incl. Tax)
RM 5.94
RM3,001.00 to RM4,000.00 Monthly Program Fee
RM 33.00
Insurance Gross Premium*
RM 19.88
Insurance Tax
RM 1.59
Insurance Payable Amount
RM 21.47
Commission (25%)
(RM 4.97)
Service Fee (incl. Tax)
RM 11.53
Monthly Program Fee
RM 17.00
Insurance Gross Premium*
RM 10.24
Insurance Tax
RM 0.82
Insurance Payable Amount
RM 11.06
Commission (25%)
(RM 2.56)
Service Fee (incl. Tax)
RM 5.94
RM4,001.00 to RM4,800.00 Monthly Program Fee
RM 33.00
Insurance Gross Premium*
RM 19.88
Insurance Tax
RM 1.59
Insurance Payable Amount
RM 21.47
Commission (25%)
(RM 4.97)
Service Fee (incl. Tax)
RM 11.53
Monthly Program Fee
RM 17.00
Insurance Gross Premium*
RM 10.24
Insurance Tax
RM 0.82
Insurance Payable Amount
RM 11.06
Commission (25%)
(RM 2.56)
Service Fee (incl. Tax)
RM 5.94
RM4,801.00 to RM6,000.00 Monthly Program Fee
RM 43.00
Insurance Gross Premium*
RM 25.91
Insurance Tax
RM 2.07
Insurance Payable Amount
RM 27.98
Commission (25%)
(RM 6.48)
Service Fee (incl. Tax)
RM 15.02
Not Applicable RM6,001.00 to RM7,100.00 Monthly Program Fee
RM 52.00
Insurance Gross Premium*
RM 31.33
Insurance Tax
RM 2.51
Insurance Payable Amount
RM 33.84
Commission (25%)
(RM 7.83)
Service Fee (incl. Tax)
RM 18.16
Not Applicable RM7,101.00 to RM8,000.00 Monthly Program Fee
RM 64.00
Insurance Gross Premium*
RM 38.56
Insurance Tax
RM 3.08
Insurance Payable Amount
RM 41.64
Commission (25%)
(RM 9.64)
Service Fee (incl. Tax)
RM 22.36
Not Applicable RM8,001.00 to RM9,000.00 Monthly Program Fee
RM 75.00
Insurance Gross Premium*
RM 45.19
Insurance Tax
RM 3.62
Insurance Payable Amount
RM 48.80
Commission (25%)
(RM 11.30)
Service Fee (incl. Tax)
RM 26.20
Not Applicable RM9,001.00 to RM10,000.00 Monthly Program Fee
RM 85.00
Insurance Gross Premium*
RM 51.20
Insurance Tax
RM 4.10
Insurance Payable Amount
RM 55.30
Commission (25%)
(RM 12.80)
Service Fee (incl. Tax)
RM 29.70
Not Applicable RM10,001.00 to RM11,000.00 Monthly Program Fee
RM 95.00
Insurance Gross Premium*
RM 57.23
Insurance Tax
RM 4.58
Insurance Payable Amount
RM 61.81
Commission (25%)
(RM 14.31)
Service Fee (incl. Tax)
RM 33.19
Not Applicable *Insurance Gross Premium is inclusive of Commission payable to Maxis as Pacific’s corporate agent and is subject to fees/charges and the applicable tax imposed by the Government of Malaysia.
- The Monthly Program Fee as a whole is non-refundable and will not be pro-rated in the event of cancellation/termination.
- Notwithstanding the barring or suspension of your account, the Monthly Program Fee will be charged to your Maxis Bill unless you cancel or terminate your subscription to the Program or where your subscription to the Program has been automatically terminated in accordance with Clause 56 below.
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- Below is the summary of insurance coverage and benefits you enjoy under the Plan. Please refer to the Policy Schedule and Manuscript for the complete details and terms and conditions of the insurance coverage and benefits. In the event of any inconsistency or conflict between Table 3 and the Policy Schedule and Manuscript, the Policy Schedule and Manuscript shall prevail to the extent of any such inconsistency or conflict.
Table 3: Summary of Insurance Coverage
Plan Benefits Deductible Limit of Liability Maxis SafeDevice - Replacement due to Accidental damage, of the Covered Device; or
- Replacement due to Attended Theft (including Unauthorized Calls and Overseas Temporary Rental Cost).
- Accidental damage and Attended Theft:
Deductible applies for each approved Claim.
For replacement due to Accidental damage and/or Attended Theft: - Covers up to Recommended Retail Price of the Covered Device at the time of Claim.
- Subject to maximum two (2) Claims per Covered Device of which
- No more than One (1) Claim on Accidental damage; and
- No more than One (1) Claim on Attended Theft,
- In the event you have two (2) approved Claims on the Covered Device, you will not be entitled to file any Claim until the expiration of the said applicable twelve (12) month period.
- Unauthorised Calls: subject to a limit of RM500.
- Overseas Temporary Rental Cost: subject to a limit of RM500 and a maximum rental period of sixty (60) days for any one visit.
*Note: Please refer to table in Clause 51 below for applicable Deductible.
- Under the Program, the Replacement Device shall be a Refurbished Device of the like kind, quality and specifications with comparable features such as the make, storage and model, and functionality to the Covered Device. If the same make, storage and model is not in stock or the production is discontinued by the manufacturer, the Replacement Device will be a different model of similar feature, functionality and fair market price to the Covered Device at the time of Claim (but may not be the same brand or model), with same operating system and will not be a model that is older than your Covered Device, determined at Pacific’s sole discretion. There is no assurance, representation or warranty that the Refurbished Device will be identical or offer the same functionalities or colour as the Covered Device being replaced.
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- The Plan does not cover Claims for loss or liability directly or indirectly caused by or arising from the following:
- Seizure or destruction of Covered Device by order of governmental authority.
- Nuclear reaction or radiation, or radioactive contamination, howsoever caused.
- War including undeclared or civil war, waterlike action by military force, insurrection, rebellion, revolution, usurped power or action taken by the governmental authority in hindering or defending against any of these.
- Any loss or damage to the Covered Device resulting from an Act of Terrorism or an act of God including without limitation, events such as earthquake, flood or fire.
- Deliberate damage by any person.
- Obsolescence or depreciation of the Covered Device.
- Any defects that are subject of the manufacturer’s recall.
- Any error or omission in design, programming or system configuration.
- Cosmetic damage, howsoever caused, that does not affect the manufacturer's intended use. This includes but is not limited to:
- Cracking, marring or scratching;
- Change in colour or other change in the exterior finish; and
- Expansion or contraction.
- Programming, cleaning, adjusting, repairing, modifying, installing, servicing, maintaining or performing any other work upon Covered Device that is intended to alter, improve, maintain or enhance the performance of the Covered Device.
- Computer Virus or any other malicious code or similar instruction that:
- disrupts the normal operation of the Covered Device; and/or
- results in destruction of or unsuitability of data or programs stored in the Covered Device.
- Voluntary parting with Covered Device by the Member or any person entrusted with the Covered Device, whether or not induced to do so by any fraudulent scheme, trick, device or false pretense.
- Abuse, intentional acts or use of the Covered Device in a manner inconsistent with the use for which it was designed, intended or advised by the manufacturer or that would void the
- Failure to do what is reasonably necessary to minimise damage or loss of Covered Device from Accidental damage or Attended Theft and to protect the Covered Device from any further damage or loss.
- Pollution involving Pollutants.
- Occurrence of Accidental damage or Attended Theft outside Period of Insurance:
- Accidental damage or Attended Theft that takes place before the electronic device becomes the Covered Device; or
- Accidental damage or Attended Theft that takes place after the effective date of cancellation of any enrolment.
- Normal wear and tear, gradual deterioration, any latent defect or any condition existing prior to the Effective Date of Coverage as stated in the Certificate of Insurance.
- Loss of use, consequential loss, or consequential damage of any kind.
- Ionizing radiations or contamination by radioactivity from any nuclear fuel or from any nuclear waste or from the combustion of nuclear fuel, the radioactive toxic explosive or other hazardous or contaminating properties of any nuclear installation, reactor or other nuclear assembly or nuclear component thereof.
- Notwithstanding any provision to the contrary within this Policy or any endorsement thereto this Policy excludes any cyber loss, loss, damage, liability, claim, cost, expense of whatsoever nature directly or indirectly caused by, contributed to by, resulting from, arising out of or in connection with any loss of use, reduction in functionality, repair, replacement, restoration or reproduction of any Data, including any amount pertaining to the value of such Data.
- In addition to the above, in respect of Attended Theft, this Policy also does not cover any claims for loss or liability caused directly or indirectly, in whole or in part, by any of the following exclusions. The following events or occurrences are excluded regardless that any other cause or event contributes concurrently or in any sequence to the excluded event or occurrence.
- Loss due to Covered Device left at any unattended premises;
- Covered Device left unattended in a public place or place to which the public had access at the time of theft;
- if the Covered Device is stolen from an unattended vehicle, soft-top or open sided vehicles including watercraft, aircraft, train, or light rail.
- The exclusion list above is non-exhaustive. You are advised to refer to the Policy Schedule and Manuscript for the full and complete exclusions by Pacific.
- The Plan does not cover Claims for loss or liability directly or indirectly caused by or arising from the following:
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- The Program is void (and Maxis shall, without prejudice to any other rights or remedies it may have, have the right to terminate your subscription to the Program) with respect to anyone who commits fraud or intentionally conceals or misrepresents a material fact concerning this Program, the Covered Device, your interest in the Covered Device, or a Claim made under this Program.
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- All Claims can be made at the dedicated Claims hotline at 1-800-886-888 or email us at safedevice@maxis.com.my.
- For Attended Theft Claim, you are required to notify us by contacting us at 123 to block your Covered Device IMEI number within twenty-four (24) hours from the time of the Attended Theft before submitting the Claim. You must submit the Claim within forty-eight (48) hours of the occurrence causing such claim or further time as Pacific may in writing allow, failing which Pacific will not entertain your Claim and no Replacement Device or reimbursement will be provided to you.
- For Attended Theft which occurs overseas, you are required to file a police report in the country where the Attended Theft had occurred and, upon returning to Malaysia, you must submit your Claim with both the police report and a copy of your passport, travel itinerary or the like (showing evidence that you were outside the territory of Malaysia when the Attended Theft occurred) within forty-eight (48) hours of your return or within one hundred and twenty (120) hours of the Attended Theft, failing which, Pacific will not entertain your Claim and no Replacement Device or reimbursement will be provided to you.
- For Unauthorized Calls due to Attended Theft, you are required to submit proof of your Account statements proving the Unauthorized Calls. Upon approval of your Claim, you will be then compensated via cash reimbursement, but subject to a limit of RM 500.00.
- For overseas temporary rental cost due to Attended Theft, you are required to submit proof of overseas temporary rental cost of Covered Device to Pacific, for a maximum rental period of sixty (60) days for one visit, while you are outside Malaysia. You will be then compensated via cash reimbursement, but subject to a limit of RM 500.00.
- For Accidental damage, you must submit the Claim within forty-eight (48) hours of the occurrence causing such Claim or such further time as Pacific may in writing allow, failing which Pacific will not entertain your Claim, and no Replacement Device will be provided to you.
- For Accidental damage Claim, you are required to make payment for applicable Deductible to Pacific and handover your damaged Covered Device to Pacific prior to receiving a Replacement Device.
- All Claims must be supported with the relevant documentations as detailed below:
- Copy of National Registration Identity Card (“NRIC”) with front and back;
- Picture and / or video of the damaged Covered Device (only applicable to Accidental damage);
- Proof of the Covered Device IMEI and / or serial number; (only applicable to Accidental damage)
- Police report made within twenty-four (24) hours and passport (only applicable to Attended Theft);
- Copy of passport, travel itinerary or any other form of proof that you are outside of Malaysia (only applicable to Attended Theft which occurs outside of Malaysia);
- Your Account statement proving Unauthorised Calls following Attended Theft of the Covered Device (only applicable to Unauthorised Calls);
- Receipt(s) of any electronic device rental (only applicable to Overseas Temporary Rental Cost).
- All Claims submitted by you is subjected to Pacific’s approval.
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- The Deductible is non-refundable.
- Upon Pacific’s approval on your Claim, you are required to make payment for the Deductible as set out below:
Plan Smartphone and tablets Smartwatches Coverage Accidental damage Attended Theft Accidental damage Attended Theft Unsubsidized retail value at the time of device purchase (RM) 0.00 to 500.00 RM45 RM90 RM83 RM167 0.00 to 500.00
RM45
RM90
-
-
501.00 to 1,000.00
RM110
RM200
RM100
RM100
1,001.00 to 2,000.00
RM200
RM480
RM290
RM290
2,001.00 to 3,000.00
RM320
RM650
RM480
RM480
3,001.00 to 4,000.00
RM450
RM800
RM670
RM670
4,001.00 to 4,800.00
RM525
RM1,200
RM860
RM860
4,801.00 to 6,000.00
RM900
RM1,900
-
-
6,001.00 to 7,100.00
RM1,200
RM2,300
-
-
7,101.00 to 8,000.00
RM1,359
RM2,643
-
-
8,001.00 to 9,000.00
RM1,530
RM2,975
-
-
9,001.00 to 10,000.00
RM 1,710
RM 3,325
-
-
10,001.00 to 11,000.00
RM 1,890
RM 3,675
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- Upon receiving and verifying full payment of Deductible by you to Pacific, we and/or our appointed and authorised service provider will deliver the Replacement Device to you within the timeline calculated from your payment of the Deductible in full below:
Area Replacement Device
Klang Valley 24 hours (Mon- Fri)
Next Business Day (Sat & Sun)West Malaysia
(excl. Klang Valley)3 Business Days East Malaysia 3 Business Days -
- You can cancel/terminate your subscription to the Program by calling us at 123 or via Maxis Care Portal at https://care.maxis.com.my/en/auth.
- Reactivation is not allowed upon cancellation/termination of your subscription to the Program.
- There will be no refund of the Monthly Program Fee upon cancellation/termination.
- If your Account is barred or suspended or if you have not paid your Maxis Bill for more than 30 days consecutively, your subscription to the Program will be automatically terminated.
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- By subscribing to the Program, you have read, understood and agree to the Maxis Group Privacy Notice at https://www.maxis.com.my/en/privacy-notice/, and consent to the collection and processing of your personal data in accordance with the same for the purposes stated therein.
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- In the event of any error, omission or failure by us or our agents, vendors, representatives or service providers with respect to the Program or the services provided by us or our agents, vendors, representatives or service providers hereunder, our responsibility and liability and that of our agents, vendors, representatives and service providers shall be limited to the charges actually paid by you for the Program (but no more than the last twenty-four (24) monthly charges you paid for the Program). This is your sole remedy for any errors, omissions or failure of us or our agents’, vendors’, representatives’ or service providers’ performance. Further, to the maximum extent permitted by applicable law, under no circumstances shall we or our agents, vendors, representatives or service providers be liable for economic losses, indirect, incidental, consequential, special, exemplary or punitive damages (even if we or our agents, vendors, representatives or service providers have been advised of or have foreseen the possibility of such damages), arising from the plan or our or our agents’, vendors’, representatives’ or service providers’ performance under the plan, or under any provision of the contract, such as, but not limited to, loss of revenue or anticipated profits or lost business. Except as otherwise expressly stated in the contract or required by law, we hereby specifically disclaim any and all conditions, representations or warranties, statutory, express or implied, regarding the plan and services to be provided hereunder by us and our agents, vendors, representatives or service providers, including any implied warranty of title, merchantability or fitness for a particular purpose and implied warranties arising from course of dealing or course of performance.
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- We have no responsibility and shall not be liable for delays or failures due to acts of God, fire, flood, explosion, war, revolution, acts of public enemy or terrorist, labour difficulties, including without limitation strikes, slowdowns, picketing or boycotts, civil commotion, embargo, acts of government, military authority, or the elements, or other causes beyond our reasonable control (a “Force Majeure” event, and in the event of such Force Majeure event, we may cancel the Program immediately by giving written notice to you.
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- The terms and conditions stated herein shall be governed by the laws of Malaysia and subject to the exclusive jurisdiction of the courts of Malaysia.