| Terms
and Conditions |
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| 1. |
MEMBERSHIP |
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| 1.1 |
Membership of Maxis One Clue is free and is by
invitation only. Only individuals may be Maxis One Club members and
each Maxis One Club member ("Member/s") will be issued
a membership card. |
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| 1.2 |
The Maxis One Club membership has several membership
tiers (as signified by the different colours of the membership card)
and the privileges provided will be based on the membership tier
offered to any one Member. Maxis reserves the right to at any time
review the membership tier. Criteria used in the review include without
limitation the Member's Maxis Mobile GSM service bill and payment
records. The membership tier criteria is not exhaustive. |
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| 1.3 |
Selection of Members will be at the sole discretion
of Maxis. Maxis reserves the right to review, change the membership
tier (including the privileges attached to the membership) and terminate
a membership of Maxis One Club without notice and for any reason. |
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| 1.4 |
The Maxis One Club card is renewable after one
year and continuation of the membership (including the privileges
attached to the membership) is subject to Member having fully met
the renewing criteria set by Maxis at its own discretion. |
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| 1.5 |
A Member's card will be provided free and Maxis
at its own discretion may charge a fee for a replacement card if
the card is lost or damaged. |
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| 1.6 |
Maxis reserves the right to mail catalogues or
other promotional literature to a Member at its own discretion. |
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| 1.7 |
Abuse of the card may result in the cancellation
of the Maxis One Club membership. |
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| 1.8 |
Membership privileges cease automatically upon
leaving or deactivating the Maxis services. |
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| 2. |
GENERAL |
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| 2.1 |
The use of the membership card is subject to the
terms and conditions of the Maxis One Club, is non-transferable,
and entitles the cardholder (upon presentation) to the benefits and
privileges afforded by the Maxis One Club. |
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| 2.2 |
A membership card, physically, does not absolutely
entitle the Member to the privileges attached to the membership tier
as indicated by the colour of the card unless a verification exercise
is conducted. Maxis, their respective agents, representatives or
business partners reserve the right to conduct verification exercises
without prior notice to the Members. |
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| 2.3 |
The Maxis One Club membership card is the property
of Maxis Communication Berhad, Level 18, Menara Maxis, KLCC, 50088
Kuala Lumpur. It should be returned to the same address or the nearest
Maxis Centre if found or upon request. |
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| 2.4 |
The membership card is not a credit or charge
card and should not be used for payment, and the Member shall not
use it to negotiate or obtain further discount or other privileges
from any of Maxis' business partners. |
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| 2.5 |
Members must produce their membership card upon
request by the business partners to enjoy the specified discounts
on the goods purchased or privileges. |
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| 2.6 |
The business partners may at their own discretion
not grant any discounts on sales or promotional items. |
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| 2.7 |
All services and goods ("services and goods" respectively)
made available to Members are provided on an "as is" basis
and "as available" basis. Maxis makes no express or implied
representations or warranties in relation to the services and goods
including but not limited to the satisfactory, fitness for purpose,
merchantability, safety, legality, title and non-infringement. To
the full extent permitted by law, Maxis disclaims any and all such
warranties. |
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| 2.8 |
In no event shall Maxis, its affiliated or related
corporations, their respective agents, representatives or business
partners be liable to any Member or any third party authorized by
or claiming through a Member whether in contract or tort for any
loss or damage, direct or indirect, special or consequential or of
any nature suffered by any Member resulting from the use or inability
to use any of the privileges attached to a Maxis One Club membership,
including without limitation:-
- any injury or death;
- any failure by the participating business
partner to meet the terms and conditions on which it has been
agreed to provide a
privilege/discount/service/goods;
- the suspension or termination
of the Maxis One Club.
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| 2.9 |
By using the membership card, a Member is deemed
to have accepted without limitation or qualification all of these
terms and conditions which will take effect on the date which the
Member first use the membership card. |
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| 2.10 |
Maxis reserves the right to change these terms
and conditions at any time by mailing these changes to the Members
or posting the changes on Maxis' website without prior notice. The
Member's continued use of his/her membership card following the communication
of any changes aforesaid constitutes acceptance of those changes. |
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| 2.11 |
Maxis reserves the right, without prior consent
of the Member, to assign or novate Maxis' rights and/or liabilities
under these the Terms & Conditions to any Affiliate of Maxis,
or any person or entity which acquires substantially all of the business
and assets of the division of Maxis. For the avoidance of doubt, "Affiliate" is
defined as any person or entity Controlling, Controlled by, or under
common Control with either the Member or Maxis, as applicable. "Control" is
defined as the possession, directly or indirectly, of the power to
direct or cause the direction of management polices of an entity
or the majority ownership of the voting securities of such entity. |
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| 2.12 |
It is the responsibility of the Member to keep
their membership billing address with Maxis up-to-date. |
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| 2.13 |
Maxis reserves the right to use information about
members from the database for the planning and development of Maxis
One Club's promotional programmes. |
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| 2.14 |
The benefits and privileges for the Members may
at the absolute discretion of Maxis be amended, suspended or terminated
with or without prior notice. |
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| 2.15 |
Maxis reserves the right to add, delete, or amend
these terms and conditions at any time and without prior notice. |
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