Customer General Terms and Conditions for Astro Services and Maxis Services


1.    Customer General Terms and Conditions

1.1   Overview

(a) These Customer General Terms and Conditions, including any schedules, annexures or other documents incorporated by reference apply to: (i) the provision by Maxis to the Customer of the Maxis Services (as defined in Clause 3 below) in so far as they form part of the Services Package (as defined in Clause 3 below); and (ii) the provision by Astro to the Customer of the Astro Services (as defined in Clause 3 below) in so far as they form part of the Services Package.

(b) For the avoidance of doubt, two (2) contracts are created upon the acceptance by the Service Providers of the Customer’s offer to subscribe to the Services Package, namely: (i) one (1) contract between Astro and the Customer in respect of the provision of the Astro Services to the Customer; and (ii) one (1) contract between Maxis and the Customer in respect of the provision of the Maxis Services to the Customer.

(c) Provider Equipment always remains the property of the Service Provider that makes that Provider Equipment available. The Customer must not alter or adapt Provider Equipment in any way whatsoever, except as the Service Provider may expressly authorise. Provider Equipment must be used by the Customer only with the Services Package and returned upon request of the Service Provider.

1.2  General Terms and Conditions and Campaign Terms and Conditions

(a) These General Terms and Conditions regulate the use of, and access to, the Services Package and Provider Equipment provided by a Service Provider.

(b) In addition to these General Terms and Conditions, the Customer acknowledges and agrees that the terms and conditions in the following documents shall also apply to the Customer’s use of, and access to, the Services Package and Provider Equipment and that the Customer shall fully comply with the referenced terms and conditions:

  1. Maxis Service Terms and Conditions as applicable to the Maxis Fibre Internet Service or value-added services as may be subscribed by the Customer includes the following terms and conditions:
    1. Maxis Fair Usage Policy (https://www.maxis.com.my/terms-conditions/personal/general/maxis-fair-usage-policy/);
    2. Maxis Services Terms and Conditions (https://www.maxis.com.my/terms-conditions/personal/broadband/maxisone-home-fibre/);
    3. Maxis Privacy Statement (https://www.maxis.com.my/en/privacy-statement/); and
    4. General Terms and Conditions (https://www.maxis.com.my/terms-conditions/personal/postpaid/general-terms-conditions/,

      (Clause 1.2(b)(i)(1) to (4) shall collectively be referred to as “Maxis Customer Terms”); and

  2. Astro General Terms and Conditions as applicable to the Astro Services as may be subscribed by the Customer (https://www.astro.com.my/general-terms-and-conditions-for-astro-subscribers);
  3. Astro Privacy Notice (https://www.astro.com.my/privacy-notice);
  4. Astro Privacy Policy (https://www.astro.com.my/privacy-policy);
  5. Astro Multiroom Terms and Conditions (https://www.astro.com.my/multiroom),

    (Clause 1.2(b)(ii) and (iii), (iv) and (v) shall collectively be referred to as “Astro Customer Terms”).

(c) If a Customer has subscribed to the Services Package via special campaigns or promotions of Maxis or Astro, as the case may be, the terms and conditions of such special campaigns or promotions, including any schedules, annexures or other documents incorporated by reference (“Campaign Terms and Conditions”) are to be read together with these General Terms and Conditions and shall be construed as being part of the Maxis Customer Terms or, as the case may be, Astro Customer Terms.

(d) These General Terms and Conditions, the Campaign Terms and Conditions, the Astro Customer Terms and the Maxis Customer Terms may each be updated or adapted from time to time at the sole and absolute discretion of the relevant Service Provider. The prevailing terms and conditions in respect of Astro Customer Terms or Maxis Customer Terms, as the case may be, as updated on the relevant Service Provider’s official website shall apply and supersede any and all previous versions, including in these General Terms and Conditions, the Campaign Terms and Conditions, the Astro Customer Terms or the Maxis Customer Terms.

(e) The Customer is responsible and undertakes to regularly review information relating to the Services Package posted on the Service Provider’s official website, which may include changes to these General Terms and Conditions, the Campaign Terms and Conditions, the Astro Customer Terms or the Maxis Customer Terms. The Customer’s continued use of the Services Package after the effective date of any change to these General Terms and Conditions, the Campaign Terms and Conditions, the Astro Customer Terms or the Maxis Customer Terms shall be deemed to constitute irrevocable and unconditional acceptance of such changes by the Customer and the Customer shall be bound by the same. The Service Provider shall not be liable for any loss, damages, costs, expenses or inconvenience to the Customer resulting therefrom.

(f) In the event of any inconsistency between the Campaign Terms and Conditions, these General Terms and Conditions, the Astro Customer Terms or the Maxis Customer Terms, such inconsistency shall be resolved by giving precedence in the following order: in respect of the Maxis Service: the Campaign Terms and Conditions of Maxis, the Maxis Customer Terms, and these General Terms and Conditions, and in respect of the Astro Service: the Campaign Terms and Conditions of Astro, the Astro Customer Terms, and these General Terms and Conditions.

(g) A potential Customer’s offer to subscribe, as set out in the Application Form, shall be based on these General Terms and Conditions and, if applicable, the relevant Campaign Terms and Conditions. A Customer agreement is constituted if the offer to subscribe is accepted by the Service Provider. Acceptance of such offer to subscribe occurs, in the case of the contract between Maxis and the Customer and between Astro and the Customer, when the Service Provider installs the Provider Equipment at the Designated Address of the Customer and the Services Package is made ready and available and activated for the Customer by the Service Provider.

 

2.    Agency disclosure statement

2.1   General

(a) The Services Package comprises products and services provided by each of Astro and Maxis as expressly included in the Services Package.

(b) Where Astro is the Acquiring Party, the Maxis Services is marketed and sold to Customers by Astro as Maxis’ authorised agent, and where Maxis is the Acquiring Party, the Astro Services is marketed and sold by Maxis as Astro’s authorised agent.

(c) Where applicable, Astro may provide the Astro Services to Customer using the Maxis Services and Maxis may provide the Maxis Services to Customer using the Astro Services.

2.2  Customer enquiries

Customer enquiries and claims regarding provision of the Services Packages, including provision of the Astro Services and Maxis Services, Provider Equipment, or the terms and conditions of these General Terms and Conditions, are to be directed to:

(a) In the case where Astro is the Acquiring Party, the Astro Contact Center at 03-95431543 for both the Maxis Services and the Astro Services; and

(b) In the case where Maxis is the Acquiring Party, the Maxis Contact Centre at 123 or 1-800-82-1123 for the Maxis Services and the Astro Contact Center at 03-95431543 for the Astro Services.

 

3.    Definitions and interpretation

3.1   Definitions

The following words have the below mentioned meanings, unless the contrary intention appears:

Activation Date means the date on which the Services Package is made ready an available and is activated for the Customer by the Service Provider.

Acquiring Party means a Service Provider that subscribes a Customer to the Services Package using the Service Provider’s own Application Form and is responsible in respect of billing, collection and recovery of the Charges (including the Subscription Fee) for the Services Package subscribed by a Customer.

Application Form means the Customer’s duly completed application to subscribe to the applicable Services Package from the Acquiring Party.

Astro means MEASAT Broadcast Network Systems Sdn Bhd (240064-A), a company duly incorporated in Malaysia and having its registered office at 3rd Floor, Administration Building, All Asia Broadcast Centre, Technology Park Malaysia, Lebuhraya Puchong-Sungai Besi, Bukit Jalil, 57000 Kuala Lumpur, including its successors and assigns.

Astro Direct-to-Home (“DTH”) Service means Astro’s video content, radio and other multimedia services delivered direct to the home by satellite or other wireless delivery, whether on a free, paid, subscription or other basis, provided by Astro under the brands or trade names of “ASTRO”, “ASTRO B.YOND”, “ASTRO BEYOND”, or such other brands or trade names as Astro may designate from time to time.

Astro IPTV Service means the IPTV and associated Internet stream based subscription television service provided by Astro to Customers at their Designated Address with IPTV capable broadband connectivity and accessed through an Astro STB.

Astro Go Service (or such other brand name as Astro decides in its sole discretion) means the Astro service provided as an add-on service to subscribers of the Astro DTH Service or the Astro IPTV Service, and which delivers television and other content over the Internet on a multi-screen basis to authorised Internet access devices such as Astro STBs with connected Internet or broadband connections, personal computers, tablets and smart phones.

Astro Services means Astro’s audiovisual content, radio and other content services forming part of the Services Package including but not limited to: (a) Astro’s DTH Service; (b) Astro’s IPTV Service; (c) the Astro Go Service; (d) any other television content (including linear channels, SVOD and TVOD) services as made available by Astro from time to time; (e) any other television content (including linear channels, SVOD and TVOD) services provided as ‘on the go’ and ‘catch up’ style services as made available by Astro from time to time; and/or (f) other services which Astro may provide, if so agreed between Astro and the Customer from time to time.

Astro STB means any set top box or replacement consumer device made available by Astro or its affiliates from time to time to receive any of Astro’s Services. Charges means all sums payable by the Customer to the Acquiring Party for the provision of the Services Package, including (without limitation) the Subscription Fee and any other fees and charges (including SST and applicable taxes).

Content means any content, including, without limitation, audiovisual or television programming, irrespective of duration, such as feature films, television programmes and other television series, music videos and channels of such programming.

Customer means the person named in the Application Form whose offer to subscribe to the Services Package has been accepted by the installation of the Provider Equipment and activation of the Services Package in accordance with these General Terms and Conditions and, if applicable, the relevant Campaign Terms and Conditions.

Customer Equipment means the equipment, software and all facilities to be procured, installed and maintained by the Customer at the Customer’s Designated Address in order to use the Services Package, including without limitation, cabling and wiring which is connected to the Maxis Network as well as the horizontal cabling from the Customer’s Designated Address to the Maxis Network.

Customer Information means any information provided by the Customer to the Acquiring Party and/or Service Provider including in the Application Form as part of the application process.

Designated Address means the Customer’s installation address for the Services Packages as stated in the Application Form.

EHDD means external hard disk drive.

General Terms and Conditions means these terms and conditions between the Service Provider and the Customer constituted upon the acceptance by the Service Provider of the Customer’s offer to subscribe to the Services Package based on these terms and conditions and, if applicable, the relevant Campaign Terms and Conditions.

Internet means a global network of interconnected computer networks, each using the Transmission Control Protocol, Internet Protocol, and/or such other standard network connection protocols as may be adopted from time to time, which is used to transmit content that is directly or indirectly delivered for display to an end user whether such content is delivered through on-line browsers, off-line browsers or through “push” technology, electronic mail, broadband distribution, satellite, wireless or otherwise.

IPTV means the transmission or delivery of content (including television and radio programming) to viewers using Internet protocol which could include multicast and/or unicast content delivery network system (whether managed or unmanaged network).

Log-on Detail means the user identification detail and accompanying password supplied to the Customer under these General Terms and Conditions for access to the Services Package.

Maxis Fibre Internet Service means the home fibre broadband service provided by Maxis to Customer.

Maxis Network means network facilities and/or network services comprising of the system or series of system, equipment, software and facilities operated and/or owned by Maxis or through any other network deemed necessary to enable the provision of the Services Package to the Customer.

Maxis Services means the services provided by Maxis including, where applicable:

(a) the Maxis Fibre Internet Service; (b) the Maxis VOIP Service; and (c) other services which Maxis may provide, if so agreed between Maxis and the Customer from time to time.

Maxis means Maxis Broadband Sdn Bhd (Company Number 234053-D) a company duly incorporated in Malaysia and having its registered office at Level 18, Menara Maxis, Kuala Lumpur City Centre, 50088 Kuala Lumpur, including its successors and assigns.

Maxis VOIP Service means the voice over internet protocol (voice over IP) service provided by Maxis to Customers.

Personal Data shall have the meaning given to it by the Personal Data Protection Act 2010 (Act 709) (as amended or replaced from time to time).

Privacy Notice means the privacy notice in Bahasa Malaysia and English as set out on the website of Maxis and Astro respectively.  

Programming Packages means the various packages of television and radio channels which may also include data, high definition format services (“HD”), recording services, pay-per-view, premium/special events, near video-on-demand, interactive and other special services made available to the Customer by the relevant Service Provider in consideration of payment of the Subscription Fees.

Provider Equipment means equipment and ancillary material (excluding Customer Equipment) provided by the Service Provider which enables the Customer to gain access to, and receive, the Services Package, including (without limitation): (a) the authorized Astro STB; (b) remote control unit (“RCU”); (c) Smart Card; (d) Audio/Video High Definition Multimedia Interface (“HDMI”) cable; (e) user guide; (f) power adaptor; (g) power cord; (h) optical network terminal; (i) wireless router; (j) Ethernet cable and optical fibre cable; (k) Broadband Termination Unit; (l) the Maxis Residential Gateway; and (m) any other item the Service Provider chooses to provide from time to time to Customer.

Residential Gateway (or RGW) means a manageable access device with auto configuration, multiple interface, multi-service perceiving, bears services of different types at the same time and connects a home’s local area network to the Maxis Network.

Services Package means the packaged services, or any part thereof, provided to the Customer comprising: (a) where Astro is the Acquiring Party, the Astro Services packaged with the Maxis Services, where the Maxis Services is to be provided by Maxis to the Customer through Astro acting as authorised agent of Maxis; and (b) where Maxis is the Acquiring Party, the Maxis Services packaged with the Astro Services, where the Astro Services is to be provided by Astro to the Customer through Maxis acting as authorised agent of Astro.

Service Provider means: (a) Astro, in respect of the provision of the Astro Services, which are provided to the Customer by Astro in its own right; and (b) Maxis, in respect of the provision of the Maxis Services, which are provided to the Customer by Maxis in its own right.

Smart Card means the authorised card, containing a microchip, which when inserted in the Astro STB will permit the Customer to legitimately gain access to, and receive, the Astro Services.

Software includes any updates, modified versions, additions and copies of certain software forming part of the Astro STB that may be provided by Astro or Maxis from time to time.

Subscription Fees means the cumulative fees payable by the Customer to the Acquiring Party, which may vary depending on the Services Package chosen by the Customer, and any special services or content subscribed to by the Customer.

SST means Malaysian Sales and Service Tax.

 

4.    Minimum subscription period

4.1   Minimum subscription period

(a) The Customer agrees to maintain and keep the Customer’s account active for a minimum period of 24 months from the Activation Date of the Services Package (“Minimum Subscription Period”).

(b) For an existing Customer who wishes to upgrade the Services Package and such upgrade entails an upgrade to the Provider Equipment or any part thereof, such Customer is required to renew the Minimum Subscription Period.

4.2  Early termination or deactivation charge

The Customer agrees that the Acquiring Party may charge to the Customer’s account, a fee equivalent to the aggregate of the sum stipulated as early termination fees according to the respective Astro Customer Terms and Maxis Customer Terms if:

(a) the Customer terminates his or her account at any time during the Minimum Subscription Period; or

(b) otherwise causes the deactivation of the Services Package, at any time during the Minimum Subscription Period for any reason whatsoever, including without limitation, by failing or refusing and/or neglecting to pay the Subscription Fees, and any other Charges, as and when due.

 

5.    Verification and confirmation of Customer information

5.1   Upon submission of the Application Form, the Service Provider may conduct a verification and confirmation exercise to determine the accuracy of the information (including a check of the credit worthiness of the Customer) prior to providing the Services Package at the Customer’s Designated Address. For this purpose, where so requested by the Service Provider, the Customer agrees to provide its consent for the purposes of the Service Provider conducting a check of credit worthiness of the Customer in the form required by the Service Provider.

 

6.    Maxis VOIP Service

6.1   If Astro is the Acquiring Party and the Customer wishes to subscribe to the Maxis VOIP Service, the Maxis VOIP Service will be offered to the Customer via the Maxis Customer Terms directly between the Customer and Maxis as the Service Provider for the Maxis VOIP Service. For clarity, any charges in connection with the Maxis VOIP Service shall be invoiced by Maxis to the Customer and paid by the Customer to Maxis, in accordance with the terms and conditions of the Maxis Customer Terms.

6.2  If Maxis is the Acquiring Party, the Maxis VOIP Service will be offered to the Customer in accordance with the Maxis Customer Terms.

 

7.    Customer Relocation to New Address

7.1   The Customer may relocate his/her subscription to the Services Package to a new address by giving the Acquiring Party prior written notice. However, the Customer acknowledges and agrees that the Acquiring Party may impose relocation fees on the Customer’s account in connection with such relocation of the Customer’s subscription to such Customer’s new address.

7.2  In the event that the re-installation or reactivation of the Services Package at a new address may not be possible due to limitations in the existing infrastructure at the new address or if the Services Package cannot be otherwise provided at the new address, the Customer may opt to subscribe to the Astro Services (either on standalone basis or packaged with another broadband provider) or Maxis Services (either on standalone basis or packaged with another content provider), whereby, clause 4.2 shall apply.

 

8.      Existing Astro and Maxis Customers

8.1     Surrender of the Equipment

(a) If the Customer:

  1. is an existing Astro Customer subscribing to the Astro Services; and
  2. his/her Application Form for the Services Package is accepted by the Service Provider,

the Customer agrees to surrender or swap his/her existing Astro STBs and/or other equipment to Astro depending on the Services Package subscribed by the Customer. Nevertheless, the Customer acknowledges and agrees that his/her existing Astro STBs and/or equipment may be used for the Services Package.

(b) If the Customer:

  1. is an existing Maxis Customer subscribing to the Maxis Services; and
  2. his/her Application Form for the Services Package is accepted by the Service Provider,

the Customer agrees to surrender or swap his/her existing Maxis equipment to Maxis depending on the Services Package subscribed by the Customer. Nevertheless, the Customer acknowledges and agrees that his/her existing Maxis equipment may be used for the Services Package.

 

9.      Customer’s use of Services Package

9.1     Fair usage policies

(a) The Customer agrees to comply with the fair usage policies as determined by the Service Provider from time to time.

(b) The fair usage policy for: (i) the Maxis Services can be found at: https://www.maxis.com.my/terms-conditions/personal/general/maxis-fair-usage-policy/; and (ii) the Astro Services can be found at: www.astro.com.my; or such other websites as determined by the relevant Service Provider from time to time.

 

10.     Notice of Assignment

10.1    Notice is hereby given to the Customer and the Customer hereby acknowledges and agrees that:

(a) Where Astro is the Acquiring Party, Maxis has irrevocably assigned to Astro the right to receive all moneys payable to Maxis by the Customer in respect of the Maxis Services forming part of the Services Package, including all legal and equitable remedies in relation thereto; and

(b) Where Maxis is the Acquiring Party, Astro has irrevocably assigned to Maxis the right to receive all moneys payable to Astro by the Customer in respect of the Astro Services forming part of the Services Package, including all legal and equitable remedies in relation thereto.

 

11.    Security Deposit, Billing and Payment Terms

11.1   Security Deposit

(a)          The Customer may be required to pay a security deposit to the Acquiring Party, in the amount as determined in the Maxis Customer Terms and the Astro Customers Terms from time to time (“Security Deposit”). The Security Deposit shall be maintained during the Customer’s subscription to the Services Package. Upon the expiry or the lawful termination of the Customer’s subscription to the Services Package, the Security Deposit shall be refunded (without interest) by the Acquiring Party to the Customer provided there is no outstanding balance in the Customer’s account for the Services Package.

(b)     Notwithstanding the aforesaid, should the Customer:

  1. terminate his/her subscription during the Minimum Subscription Period, the Security Deposit shall be deducted on a pro-rata basis; and
  2. fail to return any equipment provided by the Service Provider, the cost of the aforesaid equipment (as determined by the Service Provider) shall be deducted accordingly by the Acquiring Party.

11.2   Billing arrangements and Itemised Subscription Fees and Charges

(a) The Customer acknowledges and agrees that, for the Services Package (excluding Maxis VOIP Service, Mesh Wifi and other devices where Maxis will issue separate bill(s) to the Customer), the Customer will receive one (1) bill every month from:

  1. where Astro is the Acquiring Party, Astro, which will include itemised charges for:
    1. the Astro Services provided by Astro; and
    2. the Maxis Services provided by Maxis; or
  2. where Maxis is the Acquiring Party, Maxis, which will include itemised charges for:
    1. the Maxis Services provided by Maxis; and
    2. the Astro Services provided by Astro.

(b) The Customer acknowledges and agrees that:

  1. Where Astro is the Acquiring Party, Astro will collect the Customer’s Subscription Fees and any additional Charges, for the Services Package, as principal in respect of the Astro Services, and as authorised agent of Maxis in respect of the Maxis Services (excluding Maxis VOIP Service, Mesh Wifi and any other devices which the Customer has purchased directly from Maxis); and
  2. Where Maxis is the Acquiring Party, Maxis will collect the Customer's Subscription Fees and any additional Charges, for the Services Package, as principal in respect of the Maxis Services and as authorised agent of Astro in respect of the Astro Services.

(c) Should a Customer opt to subscribe for Maxis VOIP Service or to purchase the Mesh Wifi and/or any additional devices from Maxis which are in addition to the relevant Maxis Services package, the Customer shall receive a separate monthly bill directly from Maxis on the charges incurred for the Maxis VOIP Service, Mesh Wifi and/or other additional devices.

11.3   Payment of Subscription Fees

(a) The Customer acknowledges that the Acquiring Party will collect the Subscription Fees and any additional Charges on a monthly basis or such other basis as the Acquiring Party may allow from time to time.

(b) The Subscription Fees and any additional Charges for the payment period which the Customer has elected, must be paid in full for such period, either by cash, online banking, cheque, money order or bank draft.

(c) The Customer may also elect to pay the Subscription Fees and any additional Charges by credit card or direct debit from the Customer’s bank account by authorising the Acquiring Party to charge the credit card or debit the Customer’s account (as applicable) in the Application Form.

11.4   Advance payments

(a) Where Astro is the Acquiring Party, any advance payments made by the Customer may only cover the Customer’s current selection of Services Package, and may not cover other services or Content (including special event Content) purchased by the Customer during any billing period.

(b) In such event, the Customer agrees to pay promptly the prescribed fee for such services and/or Content upon being billed by the Acquiring Party.

11.5   Additional charges

(a) In addition to the Subscription Fees and any additional Charges, the Customer’s payment must include all bank charges, commissions and SST or tax of similar nature where applicable.

(b) The Customer agrees to pay the Acquiring Party all fees, penalties and handling charges for cheques made payable to the Acquiring Party and returned unpaid by the Customer's bank.

(c) In addition, the Customer agrees to pay all reasonable costs and lawyers’ and other service(s) fees incurred by the Acquiring Party in recovering any amounts due from the Customer.

11.6   Changes to Services Package

(a) The Customer may change his/her selection of Services Package at any time after the Activation Date subject to Maxis Customer Terms and Astro Customer Terms. However, the Acquiring Party may charge the Customer an administrative fee or may require the Customer to extend the Minimum Subscription Period for each change request, whether it is to add or remove or replace any Services Package, or part thereof. For applicable administrative fees and charges in relation to the Astro Services, please log on to http://iptv.astro.com.my/support (for Astro Services delivered via IPTV) or https://www.astro.com.my/broadband or (for Astro Services delivered via DTH). For applicable administrative fees and charges in relation to the Maxis Services, please log on to https://www.maxis.com.my/terms-conditions/personal/appendix/maxisone-home-fibre-broadband/.

(b) For the avoidance of doubt, the Customer shall pay the Subscription Fees, applicable administrative fees and charges to the Acquiring Party in respect of the Services Package pursuant to the change request.

11.7   Overdue payments

(a) For every thirty (30) calendar days that the Customer’s account is overdue by any amount, the Service Provider reserves the right to charge the Customer a late payment fee to the Customer’s account on such overdue amount.

(b) In addition, the Acquiring Party reserves the right to suspend or terminate the Customer’s access to the Services Package at any time without notice to the Customer, if payments are not received when due.

(c) The Acquiring Party may also set-off any amounts credited to the Customer against any amounts the Customer owes to the Acquiring Party.

 

12.     Termination of General Terms and Conditions

If the Customer is not agreeable to any of the terms in these General Terms and Conditions, or any amendments to these General Terms and Conditions, the Customer may terminate the Services Package in accordance with Maxis Customer Terms and Astro Customer Terms but subject to Clause 4.2.

 

13.     Customer representations, warranties, covenants and undertakings

13.1    Representations, warranties, covenants and undertakings

(a) By the Customer’s offer to subscribe to the Services Package, the Customer represents, warrants, covenants and undertakes with the Service Provider that:

  1. the Customer is at least eighteen (18) years of age at the time of subscription of the Services Package;
  2. the information provided by the Customer in the Application Form is accurate and truthful;
  3. all consents, qualifications and authorizations from all necessary or relevant parties (including but not limited to developers, building management corporations or building owners) government and other authorities for the performance by the Customer of his/her obligations hereunder have been duly obtained and are in full force and effect;
  4. the Customer will not resell the Services Package, or any part thereof, or impose any charge on others to view the Astro Services or to use the Maxis Services;
  5. the Customer will not rebroadcast, reproduce, transmit, compress, modify, perform, display, record, publicly perform, duplicate, distribute, tamper, interfere, impose, remove, alter, add or delete the Astro Services and the Maxis Services in any form whatsoever;
  6. the Customer will not use the Provider Equipment and/or the Services Package in any way not authorized by these General Terms and Conditions;
  7. the Customer will not record, copy or reproduce the Astro Services and the Maxis Services, or any part thereof, other than solely for the purposes permitted by the Copyright Act 1987 (Act 332) (as amended or replaced from time to time); and
  8. the Customer will immediately notify the Acquiring Party of any change in the information listed on the Application Form and any other information provided or communication made to the Acquiring Party, including but not limited to:
    1. billing and information, or communication, in connection with the charging of the Customer’s credit card or debiting of the Customer’s bank account;
    2. the discovery of any theft, piracy or other unauthorised usage of the Services Packages (including usage of the Astro Services and Maxis Services outside Malaysia); and/or;
    3. any fraud in connection with the Services Package.

13.2   Customer to report unlawful activities

The Customer must report immediately to the Acquiring Party when he/she discovers any fraud, theft, loss, unauthorized use or any other occurrence of unlawful activities in relation to the Services Package and/or the Provider Equipment, and lodge a police report if required to do so and provide a copy of such police report to the Acquiring Party.

 

14      Personal Data

14.1   Collection, use and disclosure of Personal Data

Without derogating from the provisions in the Application Form in relation to the processing of the Customer’s Personal Data and the provisions of the Privacy Notice that are set out on the reverse of the Application Form as well as any Privacy Statement or Privacy Policy of the Service Providers as may be published in the respective websites of the Service Providers:

(a) The Customer acknowledges that the Service Providers and/or its affiliates collect, use, disclose and otherwise process Personal Data as set out in the Service Provider’s Privacy Statement:

  1. the Maxis Privacy Statement is set out at: https://www.maxis.com.my/en/privacy-statement/;
  2. the Astro Privacy Statement (referenced in the Astro website as its Privacy Policy) is set out at: http://www.astro.com.my;

(b) The Service Providers may update its Privacy Statement from time to time. When the Service Providers changes its Privacy Statement in a material way, it will post a notice of the changes at:

  1. Maxis: https://www.maxis.com.my/termsconditions/personal/broadband/maxisone-home-fibre/;
  2. Astro: http://www.astro.com.my//portal/privacy-notice and/or https://www.astro.com.my/privacy-policy;

(c) The Customer will be deemed to have consented to the use of their Personal Data in the manner set out in the Service Providers’ Privacy Statement by submitting their Personal Data and using the Services Package;

(d) The Customer will also be deemed to have consented to Maxis and Astro sharing Personal Data relating to his or her usage of the Maxis Services and the Astro Services included in the Services Package; and

(e) The Customer represents and warrants that the Customer has obtained the consent of third parties (e.g. family member/friend) whose Personal Data is set out in the Application Form and disclosed to Astro and Maxis to allow Astro and Maxis to process such Personal Data for the Purposes as set out in the Privacy Notice.

 

15.      Provider Equipment

15.1.    Provider Equipment

(a) The Customer consents to the Service Provider upgrading and/or updating software currently used in the Provider Equipment or uploading and/or downloading any data or information in the Smart Card at anytime at its sole and absolute discretion.

(b) The Customer shall:

  1. not give anyone else any rights whatsoever over the Provider Equipment; and
  2. be responsible to maintain and safeguard the Provider Equipment installed by the Service Provider at the Customer’s premises in good working condition (fair wear and tear excepted).

(c) The Customer shall:

  1. not resell, sublet, transfer, or provide the Services Package and/or the Provider Equipment to anyone;
  2. allow the Service Provider to conduct periodic maintenance and/or change, repair, replace or retrieve the Provider Equipment as the Service Provider deems necessary to enable the Customer to enjoy the Services Package; or
  3. allow authorised Service Provider personnel to access the Customer’s premises for the aforesaid purpose.

(d) The Customer must notify the Service Provider promptly if the Provider Equipment is damaged, lost or stolen.

(e) In the event that the Provider Equipment is damaged, lost or stolen whilst under the Customer’s custody, the Service Provider reserves the right to charge the Customer the cost for the damaged, lost or stolen Provider Equipment.

(f) The Customer must:

  1. adhere to all instructions and notice given by the Service Provider from time to time in respect of the use of the Provider Equipment; and
  2. return and surrender the Provider Equipment to the Service Provider in the same condition as and when it is provided to the Customer (fair wear and tear accepted) upon termination and/or expiry of the Services Package, failure of which the Customer shall be liable to pay the Service Provider an agreed fee. For the applicable fees and charges, please log on to www.astro.com.my.

15.2   Additional equipment

If the Customer purchases any additional equipment, including without limitation, an EHDD for the purposes of recording the Astro Services, or a wireless router, the Customer shall be solely responsible for the additional equipment and the Service Provider will not be liable to the Customer in any circumstances relating to any additional equipment.

 

16.    Indemnity

16.1   Customer’s indemnity

The Customer hereby agrees to indemnify and shall keep indemnified the Service Provider from any and all claims, demands, loss, costs, damage, liability or expenses arising directly or indirectly from:

(a) any claims for libel, slander, personal injury (including death) damage to property, invasion of privacy, infringement of copyright, patent, trademark, intellectual property right or other proprietary right, or breach of confidence or privilege; or

(b) breach of any law or regulation whatsoever arising from the material transmitted, received or stored via the Astro Services and/or the Maxis Services; or

(c) any damages, loss, cost and expenses incurred by the Service Provider as a result of physical damage and/or destruction caused by the acts and/or omission of the Customer or the Customer Equipment; or

(d) the use of the Services Package by a person using the log-on details with or without the Customer’s consent and/or authority; or

(e) any non-compliance with, or breach of, any provisions of these General Terms and Conditions by the Customer; or

(f) all other claims arising out of any of the Customer’s acts or omissions, or any unauthorised use, or exploitation, of the Services Package, including but not limited to, the Customer:

  1. transmitting or providing any Content which may be defamatory, offensive, indecent, harmful, damaging, destructive, illegal or otherwise violate any applicable laws, rules or regulations; or
  2. making, or attempting to make, any unauthorised access to any part, or component of, the Astro network and/or the Maxis Network or any third party’s system or networks; or
  3. disrupting other networks that may be connected to the Service Provider’s network, or violating the regulations, policies or procedures of such networks; or
  4. violating or infringing (in any manner) the right of any party, including but not limited to, their intellectual property or confidentiality rights.

 

17.    Re-activation of Services Package

17.1   Re-activation of Services Package

(a) For re-activation of the Services Package, the Customer may be charged an administrative fee by the Acquiring Party, or such other prescribed amounts as may be charged by the Acquiring Party from time to time. For all applicable fees and charges relating to re-activation of the Astro Service, please log on to www.astro.com.my and for the Maxis Service, please log on to www.maxis.com.my.

(b) All amounts due must be paid before the Customer’s Services Package can be re-activated.

 

18.    Exclusion of liability

18.1   Force Majeure

(a) The Service Provider is neither responsible nor liable to the Customer for:

  1. interruptions to the Services Package;
  2. any programmes or Content that are erased, deleted or cannot be retrieved from the Astro PVR or EHDD for any reason whatsoever;
  3. suspension or termination of the Services Package; for any reason whatsoever, whether or not within its control, including, but not limited to:
    1. the failure of power and telecommunications networks, satellite and transponder failure;
    2. acts of God or natural disaster (e.g. lightning, fire, earthquake, storm, rain, sun and/or explosion of meteor), governmental restraint and expropriation, rebellion, civil commotion, war (declared or undeclared), emergencies, military operations, acts of terrorism, industrial action, criminal damage to or destruction of equipment;
    3. acts or regulations by the government (including the withdrawal of consents, permits or licenses); or
    4. failure, termination or cessation by third parties to provide Content, programming, channels, services or bandwidth included in the Services Package,

      (“Force Majeure Events”).

18.2   Exclusion of liability

(a) The Service Provider will not be liable to the Customer for any refunds of the Charges (including the Subscription Fee), or any other claims or for any costs incurred by the Customer in obtaining substitute services, nor for any loss of profits or business or other special, indirect, incidental or consequential damages, even if the Service Provider has been advised in advance that such loss may occur.

(b) The Service Provider has no liability to the Customer for problems with the Provider Equipment or damage arising from the Customer’s use of the Provider Equipment caused by the Customer Equipment, or the Customer’s own act, negligence or omission.

(b) Where the Customer has caused damage to the Provider Equipment by the Customer’s own act, negligence or omission, the Service Provider will assist to repair or replace the Provider Equipment and any such cost in relation to or arising out of such repair/replacement shall be charged to the Customer’s account.

(c) The Service Provider has no responsibility nor liability whatsoever for interruption or loss of the Services Package arising directly or indirectly from the installation of the Provider Equipment, including without limitation the EHDD and/or SMATV System trunking (where applicable) or any other equipment by any unauthorized third party.

(d) The Customer agrees to indemnify the Service Provider and keep the Service Provider indemnified against all losses, damages and claims, including for injury or death or damage/loss to property, arising from the installation or use of the Services Package or the Provider Equipment by the Customer or any third party.

(e) The Service Provider makes no warranties or representations whatsoever with respect to the Content of the programming included in the Services Package. In particular, the Service Provider does not guarantee the sequence, accuracy, completeness, timeliness or the security of any data or information contained in the Services Package and shall not be liable for any claim arising out of any act or omission by the Service Provider or any act or omission by the Customer, including claims for loss or damage, libel, slander, personal injury, damage to property or any other loss arising howsoever caused.

(g) Notwithstanding any other terms herein, the Customer agrees that the maximum liability of the Service Provider to the Customer or any third party for any cause of action (whether in contract, tort or other causes of action) shall in no event exceed RM200.00.

 

19.    Notices and correspondence

19.1   Notices and correspondence

(a) Subject to clause 2.2, if the Customer wishes to communicate with, or give any notice to, the Service Provider (other than a notice to the Personal Data Protection Officer of Astro and Maxis), the Customer should do so in writing to the following address:

Astro:

MEASAT Broadcast Network Systems Sdn Bhd, Peti Surat 10335, 50710 Kuala Lumpur.

E-mail: wecare@astro.com.my

Maxis:

Level 21, Menara Maxis, Kuala Lumpur City Centre

E-mail: customercare@maxis.com.my

(b) All correspondence and notices by the Service Provider to the Customer will be sent in writing to the most recent mailing address provided by the Customer to the Service Provider or to the address stated on the Application Form or by email to the Customer’s email address registered with the Service Provider.

(c) Notices will be considered to be received upon hand delivery or upon the fifth business day after posting or, in the case of email, upon electronic confirmation of the transmission of the email to the Customer’s aforementioned email address.

 

20.    Right of Rescission under the Direct Sales and Anti-Pyramid Scheme Act 1993

Subject to the provisions of the Direct Sales and Anti-Pyramid Scheme Act 1993 (Act 500) (as amended or replaced from time to time), the Customer may rescind the agreement that is based on these General Terms and Conditions and, if applicable, the relevant Campaign Terms and Conditions, before the expiry of the cooling-off period as set out in the Application Form.

 

21.     Governing law and jurisdiction

21.1   General Terms and Conditions subject to Malaysian law

These General Terms and Conditions are governed by the laws of Malaysia and the Customer agrees to submit to the exclusive jurisdiction of the courts of Malaysia.