Terms & Conditions
Maxis SafeDevice Protection Service Programme - Terms and Conditions
Version [Before 28 October 2017]
Eligible Device Tier (Unsubsidized retail value at the time of purchase) Standalone SafeDevice Monthly Service Fee Replacement Service Fee for Accidental Damage or Failure* Replacement Service Fee for Attended Theft Failure RM0.00 to RM1,000.99 RM 15 15% of the unsubsidised current official RRP (“recommended retail price”) of the Eligible Device at the time of the Service Request 50% of the unsubsidised current official RRP of the Eligible Device at the time of the Service Request RM1,001.00 to RM3,000.99 RM 29 RM3,001.00 to RM5,000.00 RM 48
Eligible Device Tier (Unsubsidized retail value at the time of purchase) Zerolution SafeDevice Monthly Service Fee Replacement Service Fee for Accidental Damage or Failure* Replacement Service Fee for Attended Theft Failure RM3,001.00 to RM5,000.00 RM 23 15% of the unsubsidized current official RRP of the Eligible Device at the time of the Service Request 50% of the unsubsidized current official RRP of the Eligible Device at the time of the Service Request
- All fees are subject to applicable tax.
- *Replacement Service Fees are subject to additional terms and conditions as described in further detail below.
- For a complete schedule of Plan costs, ask a MAXIS sales representative or visit www.maxis.com.my.
- For a complete list of Eligible Devices and their device tier, ask a MAXIS sales representative or call Customer Service at 1-800-886-888 or 123 from Your mobile device.
(1) “MAXIS” means Maxis Broadband Sdn. Bhd. (2) “Protected Equipment” means the Eligible Device owned by You or Replacement Equipment provided by Us. The Protected Equipment, designated by You at the time of enrolment and identified by the International Manufacturer’s Equipment Identification (IMEI), Electronic Serial Number (ESN) or Mobile Equipment ID (MEID), must be actively registered in Your name in MAXIS’ records and have logged airtime after being enrolled in the Plan. Protected Equipment is limited to one Eligible Device per replacement. If You have used a different Eligible Device on Your mobile number immediately prior to the time of a Failure, the Protected Equipment is the Eligible Device (1) for which You have used on Your mobile number immediately prior to the time of a Failure; and (2) for which You have provided a proof of purchase or lease to Us. If there is a difference in Eligible Device Tier, additional fees may apply. (3) “Eligible Device(s)” means the wireless device that We have designated as eligible for service under the Plan as set forth in the list of Eligible Devices and device tier available from Us, which can be found in MAXIS stores or by calling 123 from Your mobile device or 1-800-886-888. (4) “Failure” means the occurrence of Attended Theft, Accidental Damage, oversea wireless device rental charges, and unauthorized call charges during the time the Contract is in effect. (5) “Replacement Equipment” means a wireless device of the same make, storage and model (but not necessarily colour), or if the same make, storage and model is not in stock or the production for the Eligible Device is discontinued by the original equipment manufacturer, the replacement device will be a different model of similar feature, functionality and fair market price to the Eligible Device at the time of the Service Request (but may not be the same brand or model), with the same operating system and will not be a model that is older than the Protected Equipment, which We provide to You in the event of a Failure of the Eligible Device. Replacement Equipment becomes Protected Equipment once it has been delivered to You. (6) “Effective Date” means the date You enrolled Your Eligible Device in the Program. If you enroll Your Eligible Device into the Plan within 10 days from the date of purchase of Your Protected Equipment, Plan benefits begin immediately. If you choose to enroll into the Plan after the 10 day grace period, as measured from the Purchase Date of the Eligible Device, we reserve Our right to inspect Your Eligible Device prior to enrolment and to deny enrolment if it is found to be ineligible, as determined by Us in Our sole discretion. (7) The “Plan” means the Mobile Protection Plan program in which You are enrolled providing repair or replacement service for a Failure of the Protected Equipment, as described in this Contract. (8) The “Airtime Service Provider” means Maxis Broadband Sdn. Bhd. (9) “Authorised Service Facility” means the location or locations that serve as a repair or replacement facility for the Program and supply replacements for Protected Equipment. (10) “Computer Virus” means any unauthorized programming or intrusive codes that are entered by any means into covered data processing equipment, media, software, programs, systems or records and interrupt the operations of the Eligible Device. (11) “Enrolled Subscriber” means a customer of Maxis who has accepted the device protection offered by Maxis as part of a sales agreement with Maxis and who has paid all applicable fees due with respect to the Protected Equipment. (12) “Mechanical or Electrical Failure” means failure of the Protected Equipment to operate due to faulty part(s) or workmanship when operated according to the manufacturer’s instructions. (13) “Terrorism” means an act, including but not limited to, the use of force or violence and/or the threat thereof, of any person or group(s) of persons, whether acting alone or on behalf of or in connection with any organisation(s) or government(s), committed for political, religious, ideological or similar purposes including the intention to influence any government and/or to put the public, or any section of the public, in fear. (14) “Pollutants” mean any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapour, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. (15) “Accidental Damage” means any direct and accidental damage including damage, accidental destruction that is externally visible and which prevents the correct operation of the Protected Equipment, glass breakage, physical loss, damage, or destruction caused by an Accident. (16) “Accident” means a known and identifiable but unintended, sudden and unforeseen event. (17) “Attended Theft” means the dishonest appropriation of Protected Equipment belonging to the Enrolled Subscriber while the equipment is in the possession of the Enrolled Subscriber or on his or her person or authorised person, with the intention of permanently depriving the Enrolled Subscriber of that equipment. (18) “Replacement Service Fee” means the amount the Enrolled Subscriber pays towards his or her service request. (19) “Personal Data Protection Act 2010” means the Personal Data Protection Act of 2010, as amended. (20) “Service Request” means the request for service that You file with Us when Your Eligible Device suffers a Failure.
We agree to replace the Protected Equipment that has incurred a Failure from the causes shown below and reported during the month for which the Enrolled Subscriber has paid the required Monthly Service Fee.
- Accidental Damage: replacement Service Request arising out of Accidental Damage to Protected Equipment due to external causes except where specifically excluded by the Program.
- Attended Theft: replacement Service Request arising out of any loss of Protected Equipment due to Attended Theft except where specifically excluded by the Program.
- Unauthorized Calls: cost of unauthorized calls, messages, or internet downloads incurred by You as a result of Attended Theft of Protected Equipment but subject to a limit of RM500.00, provided the occurrence is reported to MAXIS within 24 hours of awareness of Attended Theft.
- Overseas Temporary Rental Cost: cost of rental of temporary equipment for a maximum rental period of sixty (60) days for any one visit, but subject to a limit of RM500.00 following a Failure of the Protected Equipment while You are outside the territorial limits of Malaysia.
These Program Terms & Conditions, together with Your monthly bill (the “Monthly Service Fee”) from MAXIS, confirmation of enrollment either by email or text message, applicable payment provisions under Your MAXIS wireless service agreement, and applicable written communications from Us to You collectively comprise Our Contract (the "Contract"). The Contract governs the Plan, so You should keep these Program Terms & Conditions and all of the other documents that comprise the Contract for Your reference. The Contract and Your wireless service agreement with MAXIS are, and shall remain, separate agreements, but in order to maintain service under the Contract You must also maintain Your wireless service with MAXIS. If any portion of the Contract is deemed invalid or unenforceable, it shall not invalidate the remaining portion of the Contract.
As used in this Contract, “We”, “Us”, and “Our” mean MAXIS, the company obligated under this Contract. “You” and “Your” refers to the MAXIS account holder that purchased this Contract. This Contract is purchased in and governed by the laws of Malaysia.
This Contract is a contract between You and Us that provides the specified services outlined herein. This contract is not an insurance policy and provides no insurance coverage or insurance benefits to You.
If the Protected Equipment suffers a Failure during the time the Contract is in effect, We will replace the Protected Equipment. Protected Equipment will be replaced with a wireless device of like, kind and quality with comparable features and functionality to the Protected Equipment. THERE IS NO ASSURANCE, REPRESENTATION, OR WARRANTY THAT ANY REPLACEMENT EQUIPMENT WILL BE IDENTICAL OR OFFER THE SAME FUNCTIONALITIES OR COLOR AS THE ITEM BEING REPLACED. REPLACEMENT EQUIPMENT MAY BE REMANUFACTURED OR REFURBISHED, AT OUR SOLE DISCRETION. In the event the Replacement Equipment You receive is remanufactured or refurbished, such Replacement Equipment shall be similar to Your Protected Equipment regarding functionality and features. Replacement Equipment is limited solely to a wireless device and will not include any equipment accessories associated with the equipment. The Replacement Equipment becomes the Protected Equipment immediately upon delivery to You. If We replace Your equipment under the Plan, We reserve the right to take possession and ownership of Your defective Protected Equipment. You hereby assign and transfer to Us all rights and benefits of any manufacturer’s warranty or other ancillary service relating to any Protected Equipment that We replace.
This Plan complements and may overlap with the manufacturer’s warranty, which is typically valid for one year from the purchase date of Your device. Some devices may have a longer or shorter manufacturer’s warranty. Please refer to the manufacturer’s warranty provided with Your wireless device or through the manufacturer’s website to understand what protection is offered and the duration of the manufacturer’s warranty.
Your service benefits under the Plan begin on the Effective Date and continue from month to month unless terminated by You or by Us in accordance with Cancellation section of the Contract. We will discontinue all monthly costs for the Plan at such time and in accordance with the Cancellation provision below.
You agree to pay Your Monthly Service Fee for each month on the same terms and conditions as set forth under this Contract. Applicable Replacement Service Fees, shipping and restocking charges, taxes, and regulatory surcharges and assessments, if any, may be added to Your wireless service bill or, at Our sole discretion, collected from You prior to providing Replacement Equipment.
In the event of any Failure of Protected Equipment, You may file a Service Request by calling 1-800-886-888. In the event that Protected Equipment has suffered Attended Theft, You must first notify MAXIS to block the Protected Equipment IMEI number within 24 hours from the time of Attended Theft and before submitting the Service Request. You must submit Your Service Request for Attended Theft within forty-eight (48) hours of the Attended Theft. When You submit Your Service Request to Us, You will be required to submit a police report and affidavit regarding the Attended Theft. In the event that You are traveling outside of Malaysia when the Attended Theft occurs, You must submit Your Service Request within one hundred and twenty (120) hours of the Attended Theft and submit a copy of Your passport evidencing that You were outside the territory of Malaysia when the Attended Theft occurred or, You must within forty eight (48) hours of arriving back in Malaysia, submit Your Service Request and a copy of your Your passport evidencing that You were outside the territory of Malaysia.
For all other Service Requests, You must file Your Service Request within seven (7) days of the Failure. If the Failure is not reported within seven (7) days, Your Service Request will be forfeited and no Replacement Equipment will be available under the Contract. You must provide Us with all of the necessary information required to approve replacement of the Protected Equipment and pay Your Replacement Service Fee within seven (7) days of reporting the Failure. If Your Service Request is approved, We will provide the Replacement Equipment within two (2) to seven (7) business days via a designated courier to the address You provide to Us at the date and time You provide to Us. For all Service Requests other than Attended Theft, You will be required to provide Our designated courier with Your original Protected Equipment to the designated courier prior to receiving Your Replacement Equipment. If You fail to deliver Your original Protected Equipment to Our designated courier, You will not receive Your Replacement Equipment.
Failure on Your part to provide Us the necessary information and pay the Replacement Service Fee within seven (7) days of the date that You report the Failure to Us will result in forfeiture of Your Service Request. WE MAY REQUIRE, AS A CONDITION OF APPROVAL OF YOUR SERVICE REQUEST, THAT YOU PROVIDE PROOF OF PURCHASE FOR THE PROTECTED EQUIPMENT AND/OR YOUR GOVERNMENT-ISSUED PHOTO I.D., A COPY OF YOUR WIRELESS BILL, AND/OR OTHER DOCUMENTATION OR INFORMATION AS REASONABLY NECESSARY TO ESTABLISH YOUR IDENTITY AND RIGHT TO SERVICE. We also retain the right to inspect the Protected Equipment as a condition of approval of Your service request.
A non-refundable Replacement Service Fee applies to each approved replacement of the Protected Equipment. The Replacement Fees for Service Requests for Failures resulting from Accidental Damage or Attended Theft are stated in the table above. You will be informed at the time you submit your Service Request of the applicable Replacement Service Fee. The Replacement Service Fee will be collected from You prior to providing Replacement Equipment. A complete list of Eligible Wireless Devices is available by visiting any MAXIS store or by calling 123 from Your mobile device or 1-800-886-888.
It is expressly agreed and understood that by accepting this Contract, You understand and authorise Us to access Your account records for Service Request handling and Plan validation purposes.
The benefit under this Contract for each and every Failure shall not exceed the recommended retail price of the Protected Equipment at the time of the Service Request and is subject to a maximum of three (3) valid Service Requests, of which no more than one (1) Service Request may be due to an Attended Theft Failure and no more than two (2) Service Requests may be due to Accidental Damage Failure, during any consecutive twelve (12) month period, beginning from the date You filed Your first valid Service Request with Us. In the event that You file three (3) valid Service Requests, You will not be entitled to file an additional Service Request for Attended Theft or Accidental Damage until the expiration of the applicable twelve (12) month period. You will continue to receive other Contract benefits provided You continue to pay Your Monthly Subscriber Fee.
Protected Equipment approved for replacement must be returned to Us at Our shipping expense. You will be instructed to provide Your Protected Equipment to Brightstar’s designated courier at the time You receive Your Replacement Equipment. The Protected Equipment We replace becomes property of MAXIS and You hereby assign and transfer to Us all rights and benefits of any manufacturer’s warranty or other ancillary service relating to any Protected Equipment that We replace.
If We do not receive Your original Protected Equipment at Our first attempt to deliver Your Replacement Device, and We make a subsequent attempt to deliver Your Replacement Equipment and collect Your original Protected Equipment, You will be charged an additional courier fee of RM50.00 per each additional courier delivery attempt.
If You file a Service Request, We will ask You at the time You file Your Service Request to disable any locking feature on Your Protected Equipment, such as the “Find myiPhone” or similar locking feature. If You fail to disable the locking feature, We may, in Our sole discretion, decline to approve Your Service Request. YOU MAY AVOID HAVING YOUR SERVICE REQUEST DENIED BY DISABLING THE LOCKING FEATURE ON YOUR PROTECTED EQUIPMENT AT THE TIME YOU FILE YOUR SERVICE REQUEST. Cancellation. You may terminate the Contract at any time for any reason by calling Us at 123 from Your mobile device or visiting any MAXIS store location to request cancellation. You will not be entitled to any Monthly Service Fee refund. In the event that You file a Service Request but refuse to accept the Replacement Equipment, We may, at our sole discretion cancel Your enrolment in the Program. If We cancel Your enrolment, You will not be entitled to any Monthly Service Fee refund.
We may terminate the Contract for any reason and at any time by notifying You in writing at least ten (10) days prior to the effective date of cancellation, which notice shall state the effective date and grounds for cancellation. We may terminate the Contract immediately if You default on any of Your obligations, including but not limited to, failure to pay Your Monthly Service Fee, commit fraud, or intentionally conceal or misrepresent a material fact concerning Your enrolment, Protected Equipment, or Service Request, and You will not be entitled to any refund of Monthly Service Fees.
If You are enrolled in the Zerolution SafeDevice Plan, and Your enrolment in the Zerolution Program is canceled, Your enrolment in the Zerolution SafeDevice Plan will also be canceled, unless You elect to continue in the Program pursuant to the Standalone SafeDevice Plan. In addition, if You elect in either the Standalone SafeDevice Plan or the Zerolution SafeDevice Plan to upgrade Your Eligible Device pursuant to the terms and conditions of the Zerolution Program, Your enrolment in the SafeDevice Program will be canceled unless Your new device is enrolled in the SafeDevice Program.
If You or We terminate the Contract, We will discontinue all monthly charges for the Plan as of the next billing cycle. You will not receive any refund of Your Monthly Service Fee, but You will remain eligible to file a Service Request for a Failure that occurs prior to the expiration of Your current billing cycle.
If We determine that a device other than an Eligible Device has been enrolled in the Plan, We may cancel the Contract by notifying You in writing. Upon the occurrence of an ineligible enrolment, We will provide a refund of all paid Monthly Service Fees, less the value of any replacement received.
We will not pay for any Failure 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.
- Governmental Authority. Seizure or destruction of Protected Equipment by order of governmental authority.
- Nuclear Hazard. Nuclear reaction or radiation, or radioactive contamination, howsoever caused.
- War, including:
- Undeclared or civil war;
- Warlike action by military force; or
- Insurrection, rebellion, revolution, usurped power or action taken by the governmental authority in hindering or defending against any of these.
- Terrorism. Any act of Terrorism.
- Obsolescence. Obsolescence or depreciation of the Protected Equipment.
- Recall or Design Defect
- Manufacturer’s recall; or
- Error or omission in design, programming or system configuration.
- Cosmetic Damage. 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/or
- Expansion or contraction.
- Service Request Reporting. A Failure from any cause if the Enrolled Subscriber fails to file a Service Request, or fail to timely file a Service Request, as required by this Contract.
- Programming, Repair work. Programming, cleaning, adjusting, repairing, modifying, installing, servicing, maintaining or performing any other work upon Protected Equipment that is intended to alter, improve, maintain or enhance the performance of the equipment.
- Computer Virus. Computer Virus or any other malicious code or similar instruction that:
- disrupts the normal operation of the Protected Equipment; and/or
- results in destruction of or unsuitability of data or programs stored in the Protected Equipment.
- Voluntary Parting. Voluntary parting with Protected Equipment by the Enrolled Subscriber or by any person entrusted with the Protected Equipment, whether or not induced to do so by any fraudulent scheme, trick, device or false pretense.
- Intentional Loss or Damage. Abuse, intentional acts or use of the Protected Equipment in a manner inconsistent with the use for which it was designed, intended or advised by the manufacturer or that would void the manufacturer’s warranty.
- Failure to Mitigate. Failure to do what is reasonably necessary to minimise loss from a Failure and to protect the Protected Equipment from any further Incident.
- Pollution. Involving pollutants.
- Outside of Service Period.
- A Failure that takes place before equipment is Protected Equipment;
- A Failure that takes place in any month for which the Enrolled Subscriber has not paid the required Monthly Service Fee; or
- A Failure that takes place after the effective date of cancellation of any enrolment.
- Wear and Tear, Prior Damage. Normal wear and tear, gradual deterioration, any latent defect or any condition existing prior to the enrolment date of the Enrolled Subscriber.
- from any unattended premises;
- of Protected Equipment left unattended in a public place or place to which the public had access at the time of theft;
- malicious damage occurring at a primary or secondary school whilst in possession of a child; or
- if the Protected Equipment is stolen from an unattended vehicle, soft-top or open sided vehicles including watercraft,
- Consequential loss or damage. Loss of use, consequential loss, or consequential damages of any kind.
- Fraudulent Service Requests. If the proposal or declaration of the Enrolled Subscriber is untrue in any material aspect or if any Service Requests made by the Enrolled Subscriber is fraudulent or intentionally exaggerated or if any false declaration or statement is made in support thereof, then this Contract shall be void and the We shall not be liable to make any payment hereunder.
You agree to all the provisions of the Contract, including but not limited to these Service Program Terms & Conditions, when You order the Plan and/or pay for it. Subject to applicable law, in the event of any material change to the service terms, Monthly Service Fee, and/or Replacement Service Fee, unless such change is more favorable to You, You will be provided thirty (30) days advance notice of such changes. Such notice may be provided by any of the following methods: email, text message, in a separate mailing, or by any other reasonable method, at Our sole discretion. Such notice will set out the effective date of the material change. Your continued use of the Plan and payment of the charges after such notice constitutes Your acceptance of the changes. Your participation in the Plan is optional and You may cancel the Plan at any time. Please refer to the Cancellation section of the Contract.
You expressly and knowingly consent and agree that We (including any third party vendor, or representative through which we provide services under this Contract) may handle or treat Personal Data (as that term is defined within the Personal Data Protection Act 2010) in accordance with the requirements of the Personal Data Protection Act 2010. You further acknowledge and consent that, in providing the services hereunder, We or Our agents may move, share and/or store Your Personal Data subject to the requirements of the Personal Data Protection Act 2010within the Country of Malaysia.
You expressly and knowingly agree and consent to permit Us (including any third party vendor, or representative through which we provide services under this Contract) to make disclosures and provide notices to You in electronic form, including but not limited to email and text messaging, instead of providing such notices and disclosures in hardcopy by post mail. Your consent and agreement shall relate to all forms, disclosures, and notices required under applicable law and shall remain valid until such time as You may exercise Your right to revoke this consent by notifying MAXIS.
The Plan is for Your use only. It is not transferable by You to any other person, and may not be assigned by You. Wireless devices owned or leased by anyone other than You may not be made Protected Equipment. Any abuse of the Plan by You, including but not limited to seeking replacement of a wireless device not belonging to You, may result in termination of the Plan upon notice.
The protection provided by this Contract is void with respect to any Enrolled Subscriber who commits fraud or intentionally conceals or misrepresents a material fact concerning, this Contract, the Protected Equipment, the Enrolled Subscriber’s interest in the Protected Equipment, or a service requested under this Plan.
We have no responsibility 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, and in such event, We may cancel the Contract and the Plan immediately.
No one may bring legal action against Us under this Contract unless and until there has been full compliance with all terms of this Contract.
In the event of any error, omission or failure by Us or Our agents, vendors, representatives or service providers with respect to the Plan 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 PLAN (BUT NO MORE THAN THE LAST TWENTY-FOUR (24) MONTHLY CHARGES YOU PAID FOR THE PLAN). THIS IS YOUR SOLE REMEDY FOR ANY ERRORS, OMISSIONS OR FAILURE OF US OR OUR AGENTS’, VENDORS’, REPRESENTATIVES’ OR SERVICE PROVIDERS’ PERFORMANCE. FURTHER, 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.