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Terms and Conditions For M-Money |
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1. |
General |
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1.1 |
This Terms and Conditions is supplemental to the terms and conditions contained in the Agreement for Maxis Service made between the Customer and MMSSB [Maxis Mobile Services Sdn Bhd (73315-V) formerly known as Malaysia Mobile Services Sdn Bhd (733151-V)]. |
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1.2 |
By registering and using M-money, the Customer hereby agrees to be bound by the provisions of this Terms and Conditions and will continue to be bound by the Agreement. By registering, accessing and using this M-money, the Customer shall be subject to the General Terms & Conditions (which includes terms and conditions for Website Use,, Rules of Acceptable Use and Privacy Statement and the Agreement for Maxis Service (including without limitation Postpaid Service or Prepaid Service, which may be updated by MMSSB from time to time. The current version of all these terms and conditions can be viewed at any time at http://www.maxis.com.my/personal/general/tnc_main.asp. |
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1.3 |
Unless otherwise herein defined, words and expressions used or referred to in this Terms and Conditions shall have the same meaning defined in the Agreement. In the event of any inconsistency between the provisions of the Agreement and the Terms and Conditions, the provisions of this Terms and Condition shall prevail. |
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2. |
DEFINITIONS |
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| "Account's Expiry Date" |
means the Customer (in respect of Prepaid Service only) will only be able to receive calls, dial 122 and emergency numbers for a further 90 days until your Service Cancellation Date; |
| "Agreement" |
means these terms and conditions in respect of the Maxis Service; |
| "Available Balance" |
means M-money that the Customers can use at any given time, subject to limits herein imposed; |
| "Bank" |
means the authorised Bank participating in this M-money; |
| "Bank Account" |
means the Customer’s account maintained by the Bank; |
| "Bank Fee" |
means financial charges imposed by partner Banks for using their channels to perform Cash-in or Cash-out transactions; |
| "Cash-In" |
means the transaction of depositing money in exchange for M-money through channels designated by MMSSB; |
| "Cash-Out" |
means the transaction of withdrawing M-money from M-money account through channels designated by MMSSB; |
| "Cash-In/Cash-Out Outlet(s)" |
means the outlet(s), authorised by MMSSB, where the Customer may perform their Cash-In and/or Cash-Out transactions (to be determined by MMSSB in due course); |
| "Current Balance" |
means M-money inclusive of any pending transactions; |
| "Customer(s)" |
means subscriber(s) registered for the Maxis Service; |
| "Daily Transaction Limit" |
means the aggregated amount of M-money that can be transacted in any one (1) day; |
| “M-money” |
means the electronic equivalent of physical money which has the same par value within the System; |
| "Electronic Device" |
means any device that accomplishes its purpose electronically such as electronic terminal used to send voice, video or text (ie. mobile phones, wireless PDAs and personal computers equipped with microphones, speakers and cameras). |
| “M-money account” |
means a personal account created by the Customer in the System that is used to store the M-money; |
| “M-money account Limit” |
means the maximum amount of M-money that can be stored at a point in time; |
| "MMSSB" |
refers to the Malaysian Mobile Services Sdn Bhd (73315-V); |
| "MSISDN" |
means Mobile Subscriber Integrated Services Digital Network), which is the Mobile Phone number for which Maxis Service has been applied; |
| "Maxis Account" |
means the account maintained on the Customer’s behalf by MMSSB in respect of the Postpaid Service or the Prepaid Service; |
| "Maxis Service" |
means the Postpaid Service and Prepaid Service offered by MMSSB through which this M-money is provided and the channel for payment of goods and/or services via Mobile Phone or any Electronic Device in substitution for physical monies by which the Customer shall be required to register through channels as designated by MMSSB; |
| "Merchant" |
means merchants, vendors, persons, corporations or entity registered with MMSSB to provide goods and/or services to the Customers in exchange for M-money; |
| “Mobile International Remittance” |
means the cross border transfer of M-money from M-money account to a beneficiary account overseas; |
| "Mobile Personal Identification Number" or "M-PIN" |
means the six digits personal identification number selected by the Customer relating specifically to the MSISDN as the confirmation PIN for purposes of authorizing payment transactions; |
| "Mobile Phone" |
means any SIM (Subscriber Identification Module) card enabled mobile device bearing the Mobile Phone number from which one can access and use M-money from time to time; |
| "Monthly Transaction Limit" |
means the aggregated amount of M-money that can be transacted for the month; |
| "Overflow Balance" |
means M-money that had exceeded the M-money account maximum set limit; |
| "Password" |
means a code to be used jointly with Username for access to M-money through website http: www.maxis.com.my or www.hotlink.com.my; |
| "Person-to-Person Transfer" |
means transferring M-money from one M-money account to another M-money account; |
| "Postpaid Service" |
means the postpaid products and services offered by MMSSB; |
| "Prepaid Service" |
means the prepaid products and services offered by MMSSB; |
| "SMS" |
means short messaging system where short text message sent to and from Mobile Phones in accordance with the prevailing standards prescribed; |
| "SMS Fee" |
means the cost of sending an SMS by the Customer at the prescribed rate; |
| "Service Cancellation Date" |
means the date when the Maxis Service is cancelled or terminated and in the case of Prepaid Service, shall mean and refer to the Expiry Date (as defined in the Agreement); |
| "Service Fee" |
means the commission and/or transaction charges (over and above the cost of the goods and services provided, if any,) in respect of Cash In/Cash Out transactions, as may be imposed by the Bank, Cash-In/Cash-Out outlets, its agents and/or the Merchants; |
| "System" |
means the payment system platform commissioned by MMSSB to facilitate the payment of goods, products and services; |
| "Terms and Conditions" |
means these terms and conditions in respect of M-money includingany addendums, the terms of services, policies and procedures and all other documents which are expressly agreed to form part of the Terms and Conditions; |
| "Username" |
means the personal identification code of the Customer which shall be used through the website www.maxis.com.my or www.hotlink.com.my. |
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3. |
REGISTRATION |
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3.1 |
The Customer must register to use the M-money. |
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3.2 |
To register for and use the M-money, the Customer must be a registered subscriber of the Maxis Service and shall continue to be by the terms and conditions of the Maxis Service. |
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3.3 |
The M-money shall be in force from the date the Customer’s registration for M-money is approved and verified by MMSSB, which is signified by availability of the M-money to the Customer. Approval of the Customer’s application for Maxis Service shall be at MMSSB’s absolute discretion and shall be in force unless terminated in accordance with the Agreement and or these Terms and Conditions. |
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4. |
WARRANTIES AND RESPONSIBILITIES |
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4.1 |
The Customer hereby warrants the following, that :
- the information provided is true and correct;
- he/she is a registered subscriber of the Maxis Service;
- he/she shall not breach any provisions of these Terms and Conditions and the Agreement.
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4.2 |
The Customer further warrants to comply with all applicable laws, ordinances, codes, rules, regulations, notices, instructions or directives of the relevant authorities or any notices, instructions, directives or guidelines given by MMSSB in connection with the Services and the M-money. |
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4.3 |
The Customer is prohibited from fraudulently registering a M-money account. Anyone caught impersonating another customer, whether an individual or another legal entity, will be responsible for any costs and/or losses incurred as a result of their fraudulent activity. Abusing the M-money may result in immediate termination/suspension of M-money. MMSSB reserves the right, from time to time, to request from the Customer additional information in which case the Customer shall provide the information so required failing which the M-money may be barred by MMSSB at its sole discretion. |
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4.4 |
The Customer shall not use the M-money for any illegal activity under all laws applicable to the M-money. |
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4.5 |
MMSSB is not responsible for any transactions through the M-money. Any dispute and mistaken transactions must be resolved between the Customer and the participating Merchant and/or other Customers. |
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4.6 |
The Customer may fund his/her M-money account multiple times using channels authorized by MMSSB. |
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4.7 |
All records of transactions relating to the M-PIN authentication through the registered MSISDN will constitute binding and conclusive evidence of the Customer registering for and transacting with M-money. |
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4.8 |
The use of the M-money is subject to such other applicable terms, conditions, rules and regulations of Bank Negara Malaysia and/or any other regulatory or governmental authority. |
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4.9 |
The M-money is not transferable and shall be used exclusively by the Customer. |
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4.10 |
The M-money account and/or M-money cannot be pledged or used in any matter by the Customer as form of security for any purposes whatsoever. |
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4.11 |
Upon registration, the Customer shall enter a six (6) digit combination as the M-PIN. The Customer is responsible to keep the M-PIN confidential. |
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4.12 |
The Customer shall not at any time and under any circumstances reveal or disclose or in any way facilitate access of the PIN to any party and shall take all steps to prevent the disclosure of the M-PIN including, without limitation, deleting the SMS that includes the Customer’s M-PIN in the phone’s sent items folder. |
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4.13 |
The PIN shall be safeguarded and protected as personal secret by the Customer. The access to any item of the M-money through entry of M-PIN shall be correct, complete and binding upon the Customer as if such M-money had been accessed for each transaction by the Customer. |
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4.14 |
If a wrong PIN is entered (currently more that three times) it shall trigger the System to suspend the M-money account temporarily. Should the Customer wish to reactivate the M-money, the Customer shall contact MMSSB. |
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4.15 |
Any confirmation sent by the MSISDN together with the M-PIN shall be deemed to have been issued by the Customer notwithstanding that such confirmation may have been issued by a third party, either authorized or otherwise, and the Customer shall be bound by such confirmation. |
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4.16 |
The Customer shall be responsible to check and verify all transactions including, without limitation, the amount and recipient information for third-party cash-in and Person-to-Person Transfers.MMSSB shall not entertain any request for reversal for wrongful entry as a result of the Customer’s negligence. |
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4.17 |
MMSSB shall not be liable for acting on the confirmation sent by the Customer together with the M-PIN. Such confirmation shall be deemed irrevocable and binding on the Customer upon receipt by MMSSB notwithstanding any error, fraud, forgery and lack of clarity or misunderstanding in respect of the terms of such confirmation. |
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4.18 |
The Customer shall immediately notify MMSSB upon receipt of incomplete, garbled or inaccurate data or information or any data or information, which is not intended from MMSSB or any doubtful information or message. The Customer shall delete such data or information from the Mobile Phone. |
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4.19 |
The Customer acknowledges that the Customer’s name and MSISDN and such other personal information may be made available as identification to another Customer, Bank and/or Merchant when a transaction is effected. |
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4.20 |
Besides the M-PIN, a password (if applicable) is the Customer’s responsibility and it is up to the Customer not to divulge this information to anyone else. If the Customer loses his/her password or suspects someone else has obtained it, it is the Customer’s responsibility to notify MMSSB of this problem immediately. MMSSB shall not be responsible for any losses incurred by the Customer as a result of misuse or lost passwords. |
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4.21 |
Indemnification – the Customer shall indemnify MMSSB and/or any of its subsidiaries or related corporations as defined under the Companies Act, 1965 and their respective employees, agents, officers, and directors (including advertising and promotional agencies) from any and all liability with respect to acceptance, receipt, use or misuse of any product or service as a result of purchases through M-money. |
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5. |
USE OF M-MONEY |
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5.1 |
M-money is made available by MMSSB at its absolute discretion, for (without limitation) the following:
- the payment for any purchase of goods, services and/or bills from authorized merchant partners using a Mobile Phone bearing the MSISDN and the M-PIN or the use of M-money in accordance with these Terms and Conditions, which payment may be charged to the M-money account;
- Person-to-Person Transfer of M-money from one M-money account to another;
- Transfer from one (1) M-money account to a beneficiary account in any other country via Mobile International Remittance service.
- other new services as may be introduced by MMSSB from time to time.
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5.2 |
MMSSB does not provide any statement of account in respect of the M-money account. The Customer shall be responsible for all his/her transactions and for keeping track of his/her M-money account. |
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5.3 |
MMSSB shall not be liable for any losses suffered by the Customer’s use of the M-money (which would include, without limitation, the Customer’s careless management of the M-money account; and disclosing of M-PIN to others). |
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5.4 |
The Customer acknowledges that the Customer shall use M-money at its own risk. |
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5.5 |
The Customer shall not be able to access the Overflow Balance fund until the Available Balance is below the prescribed M-money account Limit. If the Available Balance falls below the M-money account Limit, the fund in the Overflow Balance will be transferred to the Available Balance until it reaches the maximum M-money account Limit. The transfer is done the following day upon Customer triggering a transaction such as balance enquiry to the M-money account. |
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5.6 |
Cash-Out through the Bank shall be subjected to the prevailing standard banking operating procedures and hours. Inter alia, the following shall apply:
- For crediting into the Bank’s bank account that provides Cash-Out service, the fund shall be deposited electronically into the Bank account within 24 hours;
- For crediting into accounts of other banks that are members of the Inter-Bank Giro (“IBG”), the funds shall be credited electronically within two (2) business days from the transaction date;
- For crediting into accounts of non-IBG banks, a banker’s cheque shall be issued by the Bank at the Customer’s cost, by the Bank in the beneficiary’s name and delivered to the non-IBG Bank.
To the best of MMSSB’s knowledge, the above are some of the prevailing standard banking operating procedures. The Customers are advised to check with the respective Banks on such prevailing (or updated) standard banking operating procedures. |
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5.7 |
The transfer of M-money via M-money Mobile International Remittance service to the beneficiary account overseas is subject to the prevailing exchange rate. |
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5.8 |
Postpaid Services: MMSSB reserves the right at any time and at is discretion to set off any amounts in the M-money account against any outstanding sum due under the Maxis Account.
Prepaid Services: In the event the Customer fails to top up his/her Maxis Account at any time MMSSB reserves the right to deduct M-money from the M-money account to top up the Maxis Account, the value of which shall be at the prevailing minimum top up amount and this process shall continue until the balance in the M-money account is empty or below the minimum top up amount. |
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6. |
REPRESENTATIONS & WARRANTIES: DISCLAIMER |
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6.1 |
The M-money is provided on an “AS IS” basis without any representations or warranties of any kind whether express or implied to the fullest extent permitted by law. |
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6.2 |
Although MMSSB will use reasonable endeavours to ensure that M-money is secure and cannot be accessed by unauthorized third parties, MMSSB does not warrant the security or confidentiality of any information transmitted through the Merchant’s system or such other equivalent system in any jurisdiction via M-money. |
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6.3 |
It is expressly agreed and declared by all parties hereto that MMSSB shall not be liable or responsible to the Customer and/or any other person(s) for any losses, damages, costs or expenses whatsoever suffered by such person(s) arising out of or in connection with the issue, use, withdrawal and/or termination of M-money resulting from or in consequence of any act or omission by MMSSB except in the case of wilful default by MMSSB, for which such liability shall be limited to the amount of actual loss only. |
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6.4 |
MMSSB shall not for any reason whatsoever be liable for damages suffered or loss by the Customer under any circumstances whatsoever whether or not such circumstances relate to or arise out of these Terms and Conditions including but not limited to non-acceptance for any reasons whatsoever of M-money by any Merchant, person or body, restriction or cancellation of the M-money, or under any other circumstances. |
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7. |
VALIDITY AND ACCESS TO INFORMATION |
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7.1 |
The Customer hereby warrants that all information pertaining to the identity and personal circumstances of the Customer are true and correct. MMSSB shall request for identification to verify the information and reserves the right to request for further validation of information and to reject the request if the information cannot be validated or is found incorrect. |
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7.2 |
The Customer hereby warrants that all information pertaining to the beneficiary account overseas of the M-money transfer via M-money Mobile International Remittance service are true and correct. MMSSB shall not be liable for any failure or loss of money transfer to the beneficiary due to the inaccurate information provided by the Customer. |
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7.3 |
Upon receipt of the Customer’s written request, MMSSB may at its absolute discretion provide the Customer with the details of transactions provided always that such details requested shall not be earlier than three (3) months from the date of receipt of such request. |
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8. |
FEE AND CHARGES |
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8.1 |
The Customer shall pay the prevailing SMS charges for each M-money transaction. |
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8.2 |
The Customer shall be responsible for all Bank fee and/or charges imposed by partner Banks for using their channels to perform Cash-In and Cash-Out transactions. |
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8.3 |
The Customer shall be responsible for any other charges imposed by Cash-In/Cash-Out outlets and/or agents for Cash-In and/or Cash-Out transactions. |
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8.4 |
The Customer shall pay the international remittance fee applicable for each M-money Mobile International Remittance transaction. The international remittance fee will be deducted from the transfer amount. |
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9. |
LIMIT OF PURCHASES AND TRANSACTIONS |
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9.1 |
Where prescribed transaction limits are applicable to specific purchases or other transactions by the Customer, have been notified to the Customer, the Customer shall not exceed the prescribed set limit unless prior written approval to exceed these limits are obtained by the Customer from MMSSB. |
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9.2 |
Notwithstanding that a prescribed M-money account and transaction limits may not be notified to the Customer, MMSSB may from time to time at its sole discretion set such limits for its control purposes without informing the Customer. |
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10. |
TERMINATION/SUSPENSION |
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10.1 |
MMSSB may at its absolute discretion immediately terminate, suspend, impose conditions or restrictions on the Customer in respect of the use of M-money or change the procedures, the mode of operation of M-money without giving any reason or notice thereof. |
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10.2 |
Notwithstanding Clause 10.1 above, MMSSB reserves the right, at its absolute discretion and at any time, to immediately suspend/terminate the Customer’s use of M-money for any reason, including without limitation the following circumstances :
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in the opinion of MMSSB, the Customer had indulged in anything dishonest, fraudulent, illegal, misrepresentation and/or criminal in nature;
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the Customer is in breach of any of the provisions of these Terms and Conditions or engages in any conduct prejudicial to MMSSB;
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the Customer is in breach of any acts, statutes, laws, by-laws, rules and/or regulations imposed by any party, regulatory body or government agency;
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the Customer has submitted false documents or declares false information in relation to the application for M-money.
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10.3 |
The M-money will be terminated automatically if the Maxis Account has been terminated or expired (as the case may be). |
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10.4 |
MMSSB reserves the right to terminate the M-money account without further notice if the Customer does not close the M-money account after the termination or expiration of the Maxis Service. |
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10.5 |
The Customer may, at any time, terminate M-money by giving MMSSB prior written notice. M-money shall be deemed terminated immediately upon receipt of the termination notice by MMSSB. |
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11. |
CONSEQUENCES OF SUSPENSION/TERMINATION |
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11.1 |
Upon termination or expiration of the Maxis Service, the Available Balance shall be refunded upon request made by the customer after deducting an administration fee specified by MMSSB. |
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11.2 |
The Customer further agrees that should MMSSB terminate/suspend the M-money pursuant to Clause 10.2, MMSSB shall not be obliged to refund or return any M-money in the M-money account until clearance is obtained from the relevant authorities (including but not limited to the Bank, police, customs, Bank Negara Malaysia, etc). |
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11.3 |
Upon suspension, MMSSB may at its absolute discretion reconnect the M-money account, subject to the Customer paying a reconnection fee, all outstanding amounts due to MMSSB and/or any other amounts as may be required by MMSSB for the reconnection of the M-money account. |
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11.4 |
Postpaid Services: MMSSB reserves the right, upon termination of the Maxis Service or M-money account, to set off any amounts in the M-money account against any outstanding sum due under the. |
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11.5 |
Prepaid Services: In the event the Customer fails to top up his/her one (1) day before the Expiry Date, MMSSB reserves the right to deduct M-money from the M-money account to top up the Maxis Account, the value of which shall be at the prevailing minimum top-up amount and this process shall continue until the balance in the M-money account is empty or below the minimum top up amount. |
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11.6 |
The provisions of this Clause 11 are without prejudice to any of MMSSB’s other rights and remedies under these Terms and Conditions, the Agreement or at law. |
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12. |
AMENDMENT AND MODIFICATION OF AGREEMENT |
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12.1 |
Unless expressly stated otherwise, in the event MMSSB has amended or modified the Terms and Conditions or Agreement as well as regulations, procedures or fee rates in relation to M-money, MMSSB shall notify the Customer via its website not less than 7 (seven) days in advance. |
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12.2 |
The Customer hereby agrees that, he/she will comply with all instruction manuals and other documents in relation to M-money, whether current or subsequently issued by MMSSB. |
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Philippines Remittance Reward Campaign Rules & Regulation |
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1. |
Organiser & Eligibility |
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1.1 |
This Reward campaign is organised by Maxis Mobile Services Sdn Bhd (73315-V) [formerly known as Malaysian Mobile Services Sdn Bhd (73315-V)] (“the Organiser”) and is open to all Hotlink and Maxis subscribers. |
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1.2 |
Participants must:
- Be at least 18 years of age. Participants below the age of 18 must obtain parental consent to participate;
- Have an account which is current throughout the Reward campaign Period;
- Not have an account which has been suspended or terminated by the Organiser for any reason.
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1.3 |
The following group of persons shall not be eligible to participate in this Reward campaign:
- Permanent and/or contract employees of the Organiser (including its associated and related companies) and their immediate family members (children, parents, brothers and sisters, including spouses]; and/or
- Representatives, employees, servants and/or agents of advertising and/or promotion service providers of the Organiser, and their immediate family members (children, parents, brothers and sisters, including spouses).
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2. |
Reward Campaign Details |
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2.1 |
This Reward campaign will run from 28 November 2007 until 16 December 2007 (“Reward campaign Period”). Transactions received outside the Reward campaign Period will be automatically disqualified.
To qualify as a participant for the reward:
- A Hotlink or Maxis subscriber is required to Remit money to Philippines Globe GCash service using M-money remittance service. Each successful remittance transaction will allow the subscriber to participate in answering a SMS question.
- The participant will be notified the following day before 6pm via SMS. The SMS shall be in English.
- The participant must reply “yes” to 22522 by 12 midnight of the same day of receiving the SMS notification after which the participant will receive a question that he/she needs to answer. The SMS is charged at RM0.15.
- The participant who replies to the SMS question will be judged based on the following criteria:
i. Correct answer to the question; and
ii. Fastest to reply.
- The return air ticket to Philippines will be rewarded to the participant who meets the stated criteria. There is only 1 return air ticket to Philippines to be given away in this campaign.
- The selection of the eligible participant will be done at the end of the reward campaign period.
- The participant who is eligible for reward will be informed via phone call within 2 weeks after the Reward campaign ends.
All entries which do not comply with any of the above mentioned specifications, requirements and these terms and conditions herein will be automatically disqualified.
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2.2 |
Participant who is receiving the reward will be notified via our Customer Call Consultants through the details which they have provided. The Organiser shall not be held responsible nor liable in the event that the participant(s) cannot be contacted for any reason whatsoever following efforts by the Organiser to contact the participant(s).
In the event a participant fails to collect his reward within 1 month from the date he/she is declared the winner, he/she waives any and all claims to that reward which will be dealt with according to the absolute discretion of the Organiser subject to legislative requirements.
Results once notified or published are final. Neither disputes nor appeals will be entertained. |
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2.3 |
The Organiser shall reserve the right at its absolute discretion to substitute any of the rewards with that of similar value at any time without prior notice. All rewards are non-transferable and not exchangeable for cash, credit or kind, in part or in full.
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2.4 |
The Organiser reserves the right to use the names and/or photographs of the participants as materials for the purposes of advertising and publicity and the winners shall not be entitled to claim ownership or other forms of compensation on the materials. |
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2.5 |
By participating in this Reward campaign, the participants agree to release and hold the Organiser free and harmless of any or all losses, damages, rights, claims and actions of any kind in connection with this Reward campaign or resulting from acceptance, possession, or use of any reward, including, without limitation, personal injury, death, and property damage, and claims based on publicity rights, defamation or invasion of privacy. |
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2.6 |
The Organiser is also not responsible for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, unauthorized access to, or alteration of, user or member communications, or any problems or technical malfunction of our telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of e-mail or players on account of technical problems or traffic congestion on the Internet. |
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2.7 |
The Organiser reserves the right:
- To amend, revise, supplement, delete, vary or add to these terms and conditions without prior notice at any time and the participant shall be bound by such changes, amendments, revisions, supplements, deletions, variations or additions;
- At any time change any aspect of the Reward campaign (including discontinuing the Reward campaign) without prior notice;
- At its sole discretion to cancel, suspend, modify or delay the Reward campaign in the event of unforeseen circumstances beyond its reasonable control.
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2.8 |
The Organiser, reserves the right, in its sole discretion, to disqualify any participant who is found or suspected of tampering with the Reward campaign submission process, the operation of this Reward campaign or to be in violation of the Conditions of Access of the web-site. The Organiser reserves the right to pursue legal action against any individual it believes has undertaken fraudulent activities or other activities harmful to this Reward campaign or the Reward campaign submission process. |
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2.9 |
By participating in this Reward campaign, all participants agree to be bound by the Reward campaign terms and conditions. |
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