Terms of Use | Maxis

Terms of Use – Access and Use of Maxis’ Website and Online Services

Version [14 Dec 2015]


*All terms in BOLD are defined at the Definition section located at the end of this document.

THIS TERMS OF USE SETS OUT THE BASIS ON WHICH YOU AGREE TO ACCESS AND USE THE WEBSITE AND/OR ONLINE SERVICES (COLLECTIVELY REFERRED TO AS THE “SERVICES”). AS SUCH, PLEASE READ THIS TERMS OF USE CAREFULLY.

  1. Access and use
    • 1.1 By viewing, accessing and using the Services, you agree to be bound by this Terms of use and the Maxis Group Privacy Statement (found at www.maxis.com.my/pdpa or www.hotlink .com.my/pdpa).
    • 1.2 We are entitled, from time to time, to vary, add to or otherwise amend this Terms of Use or any part thereof without any liability. Please visit this Website periodically to determine any changes. The prevailing Terms of Use will be updated on our Website, which will apply and supersede all previous versions. Continued use of the Services following any changes constitutes an acceptance of those changes. If you do not accept this Terms of Use (including any changes), please discontinue your access to the Services.
  2. Your Use of the Services
    • 2.1 You are solely responsible for all acts or omissions that occur when using the Services. You equally agree to be bound by Maxis’ Fair Usage Policy (found at www.maxis.com.my/FUP). You are solely responsible for the content which you post or transmit through the Online Services and you acknowledge that Maxis are only the conduit for posting, distribution and transmission of data. You agree that:
      • your use of the Services will only be for lawful purposes and not for any purpose against public interest, public order or national harmony and is in accordance with this Terms of Use;
      • all Content, products or services transmitted or made available via the Services, are the sole responsibility of the person from which such Content, products or services originated;
      • you are solely responsible for all Content, products or services you transmit or make available via the Services or on any website;
      • by using the Services, you may be exposed to third party Content, products or services that may be defamatory, offensive, indecent, objectionable or illegal;
      • you will not use the Services to publish defamatory, infringing, obscene or other unlawful material and post or transmit unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, privacy invading, sexual/racially offensive or otherwise objectionable material of any kind or nature;
      • you will not use the Services to interfere with, damage, disrupt or unlawfully use or gain access to any service, equipment or computer network without due authorisation;
      • you will not use the Services in a manner that results in distribution of viruses, trojan horses, worms, time bombs, cancelbots, or other similar harmful or damaging programming routines which are designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunication equipment;
      • you will not use the Services to transmit "junk mail", "spam", "chain letters", or unsolicited mass distribution of email, or for any commercial purposes.
      • you will not use the Services to impersonate any other person or to create a false identity.
      • you will not develop restricted password-only access pages, or hidden pages or images (those not linked to or from another accessible page).
      • you will notify Maxis immediately of any unauthorised use or any other breach of security.
      • You will not engage in any activity, whether lawful or unlawful, which we solely determine, to be harmful to our customers, operations, reputation, good will or customers relation.
      • You will not disrupt or undermine the security of the various networks and systems that are connected to the Services, or violate the regulations, policies, or procedures of such networks or systems. This may include any failure to update software use on your account or website that is known to be vulnerable to malicious activity or exploitation.
      • to make or attempt any illegal or unauthorised access to any part or component of the Services, the network or any third party equipment, accounts, systems or networks to which you can connect through the Services directly or otherwise; or to carry out or attempt any activity that might be used as a precursor to an attempted system penetration (i.e. port, stealth, security or penetration scans or other information gathering activity) on Maxis’ or its service providers’ servers or network;
      • You will not use the Services for any fraudulent, illegal or improper purposes or activities or to violate anybody's rights or in any way which may affect other users' enjoyment of or access to the Services or cause annoyance, harassment, irritation, inconvenience or anxiety to anyone, including advertising, facilitating, soliciting or otherwise engaging in ponzi schemes, pyramid schemes, denial of service attacks, pinging and mailbombing, fraudulently charging credit cards or pirating software;
      • The Services involves access to, use of and exchange of information over the internet and you acknowledge that such access to, use of and exchange of information may not be secure. Maxis will not be liable to you if you suffer loss or damage as a result of the information not being secure.
      • You will comply with all applicable laws, rules and regulations and any instructions, notices, directions, requirements or restrictions which we may impose on the use of the Services;
    • 2.2 You are required to provide accurate and complete information to us and inform us immediately of any changes in any particulars or information given to us, including but not limited to any changes in address and/or contact particulars;
    • 2.3 You hereby agree that Maxis merely facilitates the Services for you to send multimedia messages and does not expressly or impliedly endorse, authorise or sponsor the messages sent by you. You hereby release Maxis from any liability, disputes, claims, demands and/or damages of any kind arising from or in any way connected to the use of the Services.
  3. Maxis’ Rights
    • 3.1 Maxis may refuse, remove, modify or deny access to any Content, products or services which you transmit or make available via the Services or on any website, including without limitation such Content, products or services that may be or are alleged to be defamatory, offensive, indecent, objectionable or illegal or may have infringed any party's intellectual property rights. We shall not be responsible for determining the validity of any allegations in this regard.
    • 3.2 Maxis is not responsible for the condition or Content of any third party sites which may be found on the Services. The link(s) are provided solely for your convenience and do not indicate, expressly or impliedly, any endorsement, authorization or sponsorship by Maxis of those site(s) or the products or services provided there. You access those sites and use their products and services solely at your own risk. Maxis is not responsible for use or any transactions performed on those sites.
    • 3.3 Maxis may deny access to or remove any third party Content, products or services that may be defamatory, offensive, indecent, objectionable or illegal or may have infringed any party's intellectual property rights, without notice to you.
    • 3.4 Without prejudice to paragraph 3.3 above, Maxis may refuse, remove, modify, deny access to, suspend or terminate any third party Content, products or services which you may access, use or acquire via the websites, Services. Maxis and its Related Corporations will not be liable to you or any third party under this Clause 3.
    • 3.5 Maxis does not guarantee that you will have access to the Services at all times. You may experience interruptions to the Services and Maxis will not be liable to you if you suffer loss or damage as a result of these interruptions. You access those Content and use their products and services solely at your own risk. In no event will Maxis be liable to you or anyone for any damage arising from or occasioned by the use of these third party Content.
    • 3.6 If you post Content or submit material, unless we indicate otherwise, you grant Maxis a non-exclusive, royalty free, perpetual, irrevocable, fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Maxis and sub-licensees the right to use the name that you submit in connection with such Content.
    • 3.7 You represent and warrant that you own or otherwise control all the rights to the Content that you post; that the Content is accurate; that the use of the Content you supply does not violate the Maxis Fair Usage Policy and will not cause injury to any person or entity.
    • 3.8 Maxis may establish general practices and limits concerning use of this Services, including without limitation, the maximum number of times (and the maximum duration for which) you may access the Services, in a given period of time.
    • 3.9 Maxis reserves the right to investigate potential abuses and/or any abuse pursuant to your use of the Services. You are required to fully cooperate with any of Maxis’ investigations in respect of these matters.
    • 3.10 Any violation of the Terms of Use warrants immediate termination of your use of the Services.
  4. Copyright and Trademark Notice
    • 4.1 The Content in the Services are protected by copyright, trademarks and/or other intellectual property rights and other relevant laws of Malaysia. You may view the Services and use its Content for personal and non-commercial purposes. Any Content on the Services may not be reproduced, distributed, transmitted, published, displayed, broadcasted, stored, adapted, licensed, altered, hyperlinked or otherwise used in any manner or by any means without Maxis’ prior written consent. You may not, without Maxis’ prior written consent, insert a hyperlink to the Services (or any part thereof) on any other website.
    • 4.2 You may not frame or utilise framing techniques to enclose any Content, trademark, logo, or other proprietary information (including images, text, page, layout, or form) of Maxis without express consent. You may not use any meta tags or any other "hidden text" utilising names, logos or trademarks belonging to Maxis without express consent of Maxis.
    • 4.3 No license or rights are granted to you and your access or use of the Services should not be construed as granting, by implication, estoppel or otherwise, any license or right to use the trademarks, trade names, logos, or service marks without Maxis’ prior written consent.
    • 4.4 The compilation (including but not limited to the collection, arrangement, and assembly) of all Content on the Services is the exclusive property of Maxis and protected by copyright. All software used on the Services is the property of Maxis or its software suppliers and protected by copyright.
  5. Personal Information
    • 5.1You confirm that you have read and agree with the Maxis Group Privacy Statement set out in Maxis’ website at www.maxis.com.my/pdpa and www.hotlink.com/my/pdpa
  6. Breach of Term, Termination and/or Suspension
    • 6.1Maxis reserves the rights to restrict, suspend or terminate your account or your access to the Services.
    • 6.2Nothing contained in this Terms of Use shall be construed to limit our actions or remedies in any matter and we reserve at all times all rights and remedies available to us at law.
    • 6.3Maxis shall not be liable for any failure to perform its obligations herein caused by acts of God, insurrection, war, act of terrorism, national or local emergencies, requirements of government or other competent authorities, industrial disputes of any kind, fire, lightning, explosions, flood, inclement weather, subsidence, acts or omissions of third party, third party suppliers, operators, service providers, contractors or agents whom we may use to perform any part of the Service(s), computer software malfunction, electrical power failure and/or interruption or disruption of Maxis’ network or any cause outside Maxis' reasonable control.
    • 6.4Maxis reserves the right to modify for any reason whatsoever or suspend or terminate (temporarily or permanently) the Services 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 termination of the Services.
    • 6.5Any breach or attempted breach to compromise Maxis’ and/or any other party’s network security is prohibited and may result in criminal and/or civil liability.
  7. Password Confidentiality
    • 7.1We are committed to safeguarding your privacy online. We have taken steps to ensure that reasonable measures have been put in place to prevent unauthorised access, disclosures, loss or thefts of personally identifiable information collected and transmitted through the Services.
    • 7.2You may be required to register and provide personal details in order to access certain Online Services. In such circumstances, you may be required to enter your password every time you access the Online Services. You are responsible for maintaining the confidentiality of your password and/or user authentication and for restricting access to your computer, and you agree to accept responsibility and liabilities for all activities that occur under your password and/or user authentication, whether authorised by you or not. You undertake to observe all security measures prescribed by Maxis concerning your password or generally in respect of the access and use of the Services. Should you have any reason to believe that your password has been misused and/or compromised whether by theft, fraud or otherwise, you shall inform Maxis immediately after becoming aware of the same and you will proceed to change your password.
    • 7.3Maxis shall not be liable for any loss or damage which you and/or any third party suffers or may suffer as a result of instructions or transactions transmitted via the Services after successful usage of your password whether or not such usage was authorized by you.
    • 7.4 You shall keep Maxis fully indemnified against all loss or damage which Maxis suffers or may suffer in connection, whether directly or indirectly, with usage of your password whether by you or any third party, authorized or otherwise.
    • 7.5Maxis reserves the right to invalidate or suspend your password at any time without being obliged to offer you any explanation or prior notice. Maxis shall not be liable for any loss or damage which you may suffer as a result of such invalidation and/or suspension.
    • 7.6Maxis reserves the right to discontinue the password accessing system with respect to the Services at any time, without prior notice. Maxis shall not be liable for any loss or damage which you may suffer as a result of such discontinuation.
  8. Liability
    • 8.1Notwithstanding anything to the contrary herein contained, Maxis and our respective personnel and/or suppliers will not be liable to you or any other party in contract, tort (including negligence ) or otherwise in respect of any claim brought by you or by any third party for any loss of profit or revenue or loss of business or loss of data or for interrupted or suspended communications or for any direct, indirect, special, incidental, consequential damages, punitive damages, or for any injury caused or suffered by a person or damage to property or any damages arising out of or in connection with the Services, whether or not Maxis, our personnel or suppliers were or should have been aware of the possibility that such damage or loss would occur. The exclusion referred to herein applies to any action giving rise to an obligation, duty or liability. We disclaim any and all liability to the fullest extent allowed by law.
    • 8.2By accessing and using the Services, you agree to waive and hold Maxis and our respective personnel and/or suppliers harmless from any claims relating to any action taken by Maxis and our respective personnel and/or suppliers  including the conduct of an investigation, issuance of a warning, refusal, removal, modification or denial of access to Content, products or services, suspending or terminating the Services, or other appropriate action in relation to any suspected or alleged breach of this Terms of Use.
    • 8.3Without prejudice to the foregoing, where a court or an arbitrator holds or finds Maxis and our respective personnel and/or suppliers liable to you for any breach or default, you agree that the amount of damages payable by Maxis and our respective personnel and/or suppliers to you will not at any time exceed the sum of RM500.00.
  9. Disclaimer
    • 9.1 The Services (including the information, names, images, pictures, logos and icons regarding or relating to Maxis, its products and services or to third party products and services (if any)) is provided on an "as is" and "as available" basis and Maxis makes no express or implied representation or warranties in relation to the Services, any property or information in or any transaction performed through the Services including but not limited to:
      • all warranties of safety, legality, merchantability, satisfaction, fitness for purpose, title, non-infringement and compatibility of the Services;
      • the security, availability, accessibility, timeliness, error-free and uninterrupted use of the Services;
      • the truth and accuracy of the Content or subsequent modifications thereto;
      • the actions and omissions of users whether occurred on or outside the Services ;
      • any deletion, non-delivery or failure to store any user communications or personalised settings;
      • the inability to use the Services or inability to receive any messages received or transactions entered through the Services;
      • the accuracy and reliability of results obtained from the use of the Services and that any errors in the software will be corrected;
      • any implied warranty arising from the course of dealing or trade; and
      • any obligation, liability, right, claim in tort or otherwise whether or not arising from the negligence of Maxis.
    • 9.2To the full extent permitted by law, Maxis disclaim any and all such warranties.
    • 9.3 In no event shall Maxis, their respective agents and representatives, suppliers, vendors or merchants who have a presence on the Services be liable to you or anyone else for any loss or injury or any direct, indirect, special, exemplary, consequential damages, or tortuous action, arising out of or in connection with your access, use of, or your inability to access or use the Services.
  10. Indemnity
    • 10.1You agree to indemnify Maxis, our affiliates, service providers, employees, directors and agents in full against all claims, damages, losses, liabilities, expenses, demands, actions, penalties and costs, arising out of or in connection with your access or use of the Services, your negligence, or any omission, act or breach of this Terms of Use by you or any other persons using your account (whether or not expressly authorised by you).
  11. Assignment
    • 11.1You are not permitted to assign or novate any, or any part, of your rights and/or obligations under the Terms of Use to any party, without our prior written consent.
    • 11.2You agree and consent that we may assign any, or any part, or all, of our rights under the Terms of Use to our Related Corporations or any third party by notice in writing to you. 
    • 11.3You further agree and consent that we may novate any, or any part, or all, of our rights and/or obligations under the Terms of Use, or the Terms of Use itself, to our Related Corporations or any third party by notice in writing to you. Your continued usage, after service of such notice on you, of the Services will be deemed as your consent to continue with the Services after such novation.
  12. Notices
    • 12.1Any notices or consents to be given to you may be given in such manner as Maxis deems fit (including any electronic means) and will be deemed received if hand delivered or posted to your last known address or faxed to your last known fax number or sent to your electronic mail address. Any notices which you give to Maxis must be sent in writing to Consumer Biz, Level 22, Menara Maxis, Kuala Lumpur City Centre, 50088 Kuala Lumpur or to any other address as notified by us from time to time. Any notice to be given according to this Terms of Use will be deemed to be given:-
      • if sent by pre-paid registered post, on the second business day after the date of posting;
      • if by ordinary post, on the fifth business day after the date of posting;
      • if hand delivered, upon delivery;
      • if sent by fax, upon notification that the message was successfully transmitted in its entirety; and if sent by email, on the date the email was recorded as sent in the e-mail.
  13. Governing Law
    • 13.1By accessing and using the Services, you agree that such access and/or use, as well as this Terms of Use shall be governed by and construed in accordance with the laws of Malaysia and you agree to submit to the exclusive jurisdiction of the Malaysian courts.
  14. General Terms
    • 14.1The use of the Services is subject to this Terms of Use and such other terms and conditions as may be agreed or accepted by you (collectively referred to as “Maxis’ Agreement”). If there is any conflict or inconsistency between the Maxis’ Agreement and this Terms of Use, such conflict or inconsistency will be resolved in a manner most favourable to Maxis. However, if such conflict or inconsistency cannot be so resolved, the Maxis’ Agreement will prevail over this Terms of Use.
    • 14.2This Terms of Use shall have effect only to the extent not forbidden by law. For avoidance of doubt, it is agreed and declared in particular, without limitation, that nothing herein shall be construed as an attempt to contract out of any provisions of the Consumer Protection Act 1999, if and where the said Act is applicable.<
    • 14.3 No delay or indulgence by Maxis in enforcing any terms or conditions of this Terms of Use nor the granting of time by Maxis to you shall prejudice the rights or powers of Maxis nor shall any waiver by Maxis of any breach constitute a continuing waiver in respect of any subsequent or continuing breach.
    • 14.4If any part of the Terms of Use should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which this Terms of Use are intended to be effective, then to the extent and within the jurisdiction which that term or condition is illegal, invalid or unenforceable, it shall be severed and deleted from the Terms of Use and the remaining Terms of Use hereof shall survive, remain in full force and effect and continue to be binding and enforceable. The Services may be accessed throughout Malaysia and overseas. Maxis makes no representation that the content of this Services complies with the laws (including intellectual property laws) of any country outside Malaysia. If you access the Services 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.
    • 14.5You must also:
      • cease to utilize the Services or any part thereof for such period as may be required by Maxis.
      • not use the Services to cause embarrassment, distress, annoyance, irritation or nuisance to any person.
      • comply with all notices or directions relating to your use of the Services as we may see fit to issue from time to time or if we have reason or cause to suspect that you are not complying with your responsibilities and obligations under this Terms of Use.
      • at all times keep the personal identification and password created confidential and not release the password to any person.

Definition
The following terms have the following meanings in this Terms of Use:-

  • Content(s) means certain information including but not limited to text, sounds, music, software, photographs, videos, data, graphics, images, logos, button icons, audio clips, messages, links, listings or other materials placed on the Services.
  • Maxis refers to Maxis Mobile Services Sdn Bhd (Co. No.:73315-V) and/or Maxis Broadband Sdn Bhd (Co. No.:234053-D), company incorporated in Malaysia under the Companies Act, 1965 having its registered address at Level 21, Menara Maxis, Kuala Lumpur City Centre, off Jalan Ampang, 50088 Kuala Lumpur, Malaysia and/or its Related Corporations, as may be applicable, and includes their successors, assigns, employees and agents.
  • Online Services means any functions, features, access to and use of the internet, internet information and/or other services, various service and communication channels and facilities through the internet, or communication facilities or services made available by Maxis from time to time subscribed or to be subscribed by you in connection with the Online Services, through the Services, which includes but is not limited to, online transactions,  messaging services, single sign on, online transactions, search engines, automated services, e-commerce facilitators, chat, discussion groups and/or e-mails; and any products and/or services offered by Maxis. The list of Online Services may be updated and amended by Maxis from time to time, in respect of which you shall be bound to this Term of Use for access to and usage of the new Online Services.
  • Related Corporations means the related corporations as defined under the Companies Act, 1965.
  • Services includes Maxis’ Website and/or Online Services.
  • Terms of Use refers to these terms and conditions which govern the relationship between you and Maxis for the use of the Services to which you are granted permission to access.
  • Website means the Maxis Online Store website (www.store.maxis.com.my), Maxis’ website (www.maxis.com.my) and/or Hotlink website (www.hotlink.com.my) and such other Maxis’ website, which is subject to change from time to time.
  • You and Your refers to the person or entity accessing and using the Services.

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