| MDP:
Terms & Conditions
By accessing and using this website its content and the Service
(as hereinafter defined) you accept without limitation or qualification,
all of these Terms and Conditions which take effect on the date
which you first use the website, its content and the Service. 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. By using this website, its content and
the Service you agree in advance to accept any changes, amendments
and/or modifications that may be made at the sole discretion of
Maxis form time to time without giving you prior notice. 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 Multimedia (530188-A). If you do
not agree to these Terms and Conditions, please DO NOT use this
website, its content and the Service.
Description of Service
You are allowed to preview
and download and/or use via General Packet Radio Service (“GPRS”) and Short Message Service
("SMS"), applications and content ("Service").
To download the Service, you will need to subscribe to GPRS and
use download-compatible phones.
Cost of Service
You will be charged for the Service at the rates prescribed by
Maxis from time to time and payable in accordance with Maxis' policy
and requirement. Please check against the specific download for
the relevant price.
Payment
You hereby agree to promptly pay all amounts due to Maxis as reflected
in your official monthly bill statement and for all charges whatsoever
for occasioned by the use of the Service irrespective of whether
the such charges were authorized by you or has arisen from any
other causes whatsoever. Your order details will be furnished to
you in the said official monthly bill statement.
Equipment
You will need to provide all mobile phone equipment required to
use the Service and you will be liable to pay Maxis for all costs
incurred using the Service. By using the Service you confirm that
you understand that your mobile phone must support the relevant
download functions for the Service to operate.
Delivery of Service
After receiving your download request, Maxis will send the relevant
items to be downloaded to the given telephone number. If your download
request is insufficient or incorrect or if Maxis for any other
reason considers it necessary, Maxis has the right to decline to
send the requested download item without further notice to you.
Maxis shall not be liable in any way for failures, defects or
delays in the delivery of the requested download item for any reason
whatsoever. You are responsible for all charges incurred if you
accidentally erase, replace or delete one of the requested download
items which is sent to you.
Termination and Suspension
Maxis reserves the right to cancel, withdraw, terminate or suspend
the website, its content and the Service for any reason whatsoever
at its sole discretion without notice to you. You agree that Maxis
shall not be liable to you or to any other party for such cancellation,
withdrawal, termination or suspension.
Copyright Notice
This website, its contents and the Service 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 and are protected by copyright, trademarks
and other laws. The compilation (meaning the collection, arrangement,
and assembly) of all content on this website and the Service are
the exclusive property of Maxis or its content supplier and protected
by copyright. All software used on this website is the property
of Maxis or its software suppliers and protected by copyright.
Trademark Notice
This website and its content
includes registered trademarks and trademarks which are the subject
of pending applications or which
are otherwise protected by law including without limitation, the
word ‘Maxis’ and the Maxis logo. Unless otherwise indicated,
the trademarks on this Website are owned by Maxis Multimedia Sdn
Bhd (530188-A),Maxis Broadband Sdn Bhd (234053-D), Maxis Mobile
Sdn Bhd (229892-M) or Maxis Communications Berhad (158400-V) and
are used under authority by Maxis Multimedia Sdn Bhd, Maxis Broadband
Sdn Bhd, Maxis Mobile Sdn Bhd or Maxis Communications Berhad respectively
as the case may be, and may be the subject of rights in other countries.
You may not use such trademarks or names, except as permitted
in these Terms and Conditions or otherwise with the lawful owner's
prior written permission.
This website, its content and the Service may also contain the
trademarks of content suppliers which are protected by law, and
you may not use these trademarks.
No Implied License
Nothing contained in this website, its content and the Service
shall be construed as conferring by implication, estoppel 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
the prior written permission of Maxis. You agree not to adapt,
alter or create 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 related and affiliated corporations, and their respective
agents and representatives against any claim arising from any material
that you post or transmit.
Maxis, its related and affiliated corporations, and their respective
agents and representatives 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 communicating with Maxis, you grant Maxis and its related
and affiliated corporations 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 related
and affiliated corporations, and their respective agents and representatives
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
Maxis may from time to time enable visitors to its site to post
reviews of and comments on products and services featured on the
site. Any information provided by, or obtained from you or your
use of this website shall be deemed to be non-confidential and
non-proprietary and Maxis, its related and affiliated corporations
shall be free to reproduce, use, disclose and distribute information
to others without limitation and without cost or compensation to
you. Additionally, Maxis, its related and affiliated corporations
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.
Linked Sites
This website may contain links to
third party sites. Maxis, its affiliated and related corporations
are not responsible for the
condition or content of those sites as they are not under Maxis',
its related or affiliated corporations’ control. The link(s)
are provided solely for your convenience and do not indicate, expressly
or impliedly, any endorsement, authorisation or sponsorship by
Maxis, its related and affiliated corporations’ 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 any transactions you may
perform on those sites.
Disclaimer
This website and the information,
names, images, pictures, logos and icons regarding or relating
to Maxis, its products and services
or to third party products and services, is provided on an "AS
IS" basis without any representation or warranties of any
kind whether express or implied. Maxis, its related and affiliated
corporations disclaim and exclude 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,
its related and affiliated corporations, their respective agents
and representatives; suppliers, vendors or merchants who have a
presence on this site 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.
Maxis, its related and affiliated corporations 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.
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.
If these Terms and Conditions are not accepted in full, the use
of this website must be terminated immediately.
This website may be accessed throughout Malaysia and overseas.
Maxis, its related and affiliated corporations 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.
Registration
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 an interest to purchase a product
or service included on the site. This information is used for purposes
such as personalization and verification.
Cookies
Second, we may track your visit to this
site by giving you a "cookie" when
you enter. Cookies are pieces of information that websites 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
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 may 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 or purchases
on this website is maintained and accessible
only by Maxis, its related corporations or affiliates. Maxis may
use this information to offer you the opportunity to receive notices
regarding other Maxis products or services or products or services
of Maxis’ related and affiliated corporations and to further
personalize your user 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 related and affiliated 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 related and affiliated
corporations to provide a personalised experience to you. Except
as described in this Privacy Statement, Maxis will not wilfully
disclose individually identifiable information about its users
to anyone outside Maxis’ related or affiliated corporations
without first receiving that user’s permission, preventing
this information from appearing in unauthorized mailings and other
solicitations.
Any modifications to this statement will be posted in this space.
We welcome any questions or comments you have; please direct them
to mdp@maxis.com.my. Your experience is extremely important to
us and we respect your rights.
Rules of Acceptable Use
These Rules of Acceptable
Use (‘Rules’)constitute
an integral part of these 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 these Terms
and Conditions including without limitation these Rules.
Maxis reserves the right to modify these Rules at any time, effective
upon posting of the modified Rules at http://mdp.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.
You undertake NOT to use the website, its content and the Service
in a manner that may infringe the rights or restrict the use and
enjoyment of the website, its content and the Service by any third
party, and this includes :
- 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;
- use
of material in a manner which infringes any copyright, trademark
or any intellectual property right;
- use of material protected
by trade secret without due authorization;
- 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;
- unauthorized access
or use of data, systems or networks including any attempt to
prove, scan or test the vulnerability
of a system or network;
- monitoring without authority data
or traffic on any network or system;
- 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);
- Circumventing any user authentication
or security of any host, network or account (cracking or hacking);
and
- Reselling or providing the website, its content and
the Service or any part thereof to another person or entity
for profit
or otherwise.
Maxis may in its absolute and unfettered discretion delete or
amend the website, its content and the Service and remove or refuse
anything that violates the above acceptable use. Maxis reserves
the right to investigate potential abuses of the Rules 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 account or right to access
the website, its content and the Service if is discovered that
you have violated or attempted to violate any term of the Rules.
Maxis reserves the right to make modifications to the Rules at
any time by posting changes online without prior notice. Please
check these Rules periodically for changes. Your continued use
of this website, its content and the Service following the posting
of any changes to the Rules of constitutes acceptance of those
changes. |