Terms of Use of Maxis' Website and Online Services

All terms in BOLD are defined at the Definition section located at the end of this document.

THIS TERMS OF USE SETS OUT THE BASIS ON WHICH YOU AGREE TO ACCESS AND USE THE WEBSITE AND/OR ONLINE SERVICES (COLLECTIVELY REFERRED TO AS THE “SERVICES”). AS SUCH, PLEASE READ THIS TERMS OF USE CAREFULLY.

1. ACCESS AND USE

1. By viewing, accessing and using the Services, you agree to be bound by this Terms of Use.
2. We are entitled, from time to time, to vary, add to or otherwise amend this Terms of Use or any part thereof without any liability. Please visit this Website periodically to determine any changes. The prevailing Terms of Use will be updated on our Website, which will apply and supersede all previous versions. Continued use of the Services following any changes constitutes an acceptance of those changes. If you do not accept this Terms of Use (including any changes), please discontinue your access to the Services.

2. YOUR USE OF THE SERVICES

1. You are solely responsible for all acts or omissions that occur when using the Services. You equally agree to be bound by Maxis’ Fair Usage Policy (found at www.maxis.com.my/FUP). You are solely responsible for the content which you post or transmit through the Online Services and you acknowledge that Maxis are only the conduit for posting, distribution and transmission of data. You agree that:
  1. your use of the Services will only be for lawful purposes and not for any purpose against public interest, public order or national harmony and is in accordance with this Terms of Use;
  2. all Content, products or services transmitted or made available via the Services, are the sole responsibility of the person from which such Content, products or services originated;
  3. you are solely responsible for all Content, products or services you transmit or make available via the Services or on any website;
  4. by using the Services, you may be exposed to third party Content, products or services that may be defamatory, offensive, indecent, objectionable or illegal;
  5. you will not use the Services to publish defamatory, infringing, obscene or other unlawful material and post or transmit unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, privacy invading, sexual/racially offensive or otherwise objectionable material of any kind or nature;
  6. you will not use the Services to interfere with, damage, disrupt or unlawfully use or gain access to any service, equipment or computer network without due authorisation;
  7. you will not use the Services in a manner that results in distribution of viruses, trojan horses, worms, time bombs, cancelbots, or other similar harmful or damaging programming routines which are designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunication equipment;
  8. you will not use the Services to transmit "junk mail", "spam", "chain letters", or unsolicited mass distribution of email, or for any commercial purposes;
  9. you will not use the Services to impersonate any other person or to create a false identity;
  10. you will not develop restricted password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
  11. you will notify TagForm and Maxis immediately of any unauthorised use or any other breach of security;
  12. you will not engage in any activity, whether lawful or unlawful, which we solely determine, to be harmful to our customers, operations, reputation, good will or customers relation;
  13. you will not disrupt or undermine the security of the various networks and systems that are connected to the Services, or violate the regulations, policies, or procedures of such networks or systems. This may include any failure to update software use on your account or website that is known to be vulnerable to malicious activity or exploitation;
  14. to make or attempt any illegal or unauthorised access to any part or component of the Services, the network or any third party equipment, accounts, systems or networks to which you can connect through the Services directly or otherwise; or to carry out or attempt any activity that might be used as a precursor to an attempted system penetration (i.e. port, stealth, security or penetration scans or other information gathering activity) on TagForm, Maxis’ or its service providers’ servers or network;
  15. you will not use the Services for any fraudulent, illegal or improper purposes or activities or to violate anybody's rights or in any way which may affect other users' enjoyment of or access to the Services or cause annoyance, harassment, irritation, inconvenience or anxiety to anyone, including advertising, facilitating, soliciting or otherwise engaging in ponzi schemes, pyramid schemes, denial of service attacks, pinging and mailbombing, fraudulently charging credit cards or pirating software;
    the Services involves access to, use of and exchange of information over the internet and you acknowledge that such access to, use of and exchange of information may not be secure. Maxis and TagForm will not be liable to
  16. you if you suffer loss or damage as a result of the information not being secure;
  17. you will comply with all applicable laws, rules and regulations and any instructions, notices, directions, requirements or restrictions which we may impose on the use of the Services.
2. You are required to provide accurate and complete information to us and inform us immediately of any changes in any particulars or information given to us, including but not limited to any changes in address and/or contact particulars.
3. You hereby agree that Maxis merely facilitates the Services for you to send multimedia messages and does not expressly or impliedly endorse, authorise or sponsor the messages sent by you. You hereby release Maxis and TagForm from any liability, disputes, claims, demands and/or damages of any kind arising from or in any way connected to the use of the Services.

3. BREACH OF TERM, TERMINATION AND/OR SUSPENSION

1. Maxis reserves the rights to restrict, suspend or terminate your account or your access to the Services.
2. Nothing contained in this Terms of Use shall be construed to limit our actions or remedies in any matter and we reserve at all times all rights and remedies available to us at law.
3. Maxis and TagForm shall not be liable for any failure to perform its obligations herein caused by acts of God, pandemic, insurrection, war, act of terrorism, national or local emergencies, requirements of government or other competent authorities, industrial disputes of any kind, fire, lightning, explosions, flood, inclement weather, subsidence, acts or omissions of third party, third party suppliers, operators, service providers, contractors or agents whom we may use to perform any part of the Service(s), computer software malfunction, electrical power failure and/or interruption or disruption of Maxis’ network or any cause outside Maxis' reasonable control.
4. Maxis reserves the right to modify for any reason whatsoever or suspend or terminate (temporarily or permanently) the Services at any time and from time to time with or without notice. You agree that Maxis shall not be liable to you or to any other party for such modification, suspension or termination of the Services.
5. Any breach or attempted breach to compromise TagForm, Maxis’ and/or any other party’s network security is prohibited and may result in criminal and/or civil liability.

4. PASSWORD CONFIDENTIALITY

1. You may be required to register and provide personal details in order to access certain Online Services. In such circumstances, you may be required to enter your password every time you access the Online Services. You are responsible for maintaining the confidentiality of your password and/or user authentication and for restricting access to your computer, and you agree to accept responsibility and liabilities for all activities that occur under your password and/or user authentication, whether authorised by you or not. You undertake to observe all security measures prescribed by TagForm and Maxis concerning your password or generally in respect of the access and use of the Services. Should you have any reason to believe that your password has been misused and/or compromised whether by theft, fraud or otherwise, you shall inform Maxis immediately after becoming aware of the same and you will proceed to change your password.
2. Maxis and TagForm shall not be liable for any loss or damage which you and/or any third party suffers or may suffer as a result of instructions or transactions transmitted via the Services after successful usage of your password whether or not such usage was authorized by you.
3. You shall keep Maxis and TagForm fully indemnified against all loss or damage which Maxis and TagForm suffers or may suffer in connection, whether directly or indirectly, with usage of your password whether by you or any third party, authorized or otherwise.
4. TagForm reserves the right to invalidate or suspend your password at any time without being obliged to offer you any explanation or prior notice. TagForm shall not be liable for any loss or damage which you may suffer as a result of such invalidation and/or suspension.
5. TagForm reserves the right to discontinue the password accessing system with respect to the Services at any time, without prior notice. TagForm shall not be liable for any loss or damage which you may suffer as a result of such discontinuation.

5. LIABILITY

1. Notwithstanding anything to the contrary herein contained, TagForm, Maxis and our respective personnel and/or suppliers will not be liable for any indirect, incidental, consequential, exemplary or punitive damages arising out of or in connection with the use, access, inability to use or access and/or provision of the Services, including, without limitation, loss of revenue or anticipated profits, or lost business, data or sales, whether or not TagForm, our personnel or suppliers were or should have been aware of the possibility that such damage or loss would occur. The exclusion referred to herein applies to any action giving rise to an obligation, duty or liability. We disclaim any and all liability to the fullest extent allowed by law.
2. By accessing and using the Services, you agree to waive and hold Maxis and TagForm and our respective personnel and/or suppliers harmless from any claims relating to any action taken by TagForm and Maxis and our respective personnel and/or suppliers including the conduct of an investigation, issuance of a warning, refusal, removal, modification or denial of access to Content, products or services, suspending or terminating the Services, or other appropriate action in relation to any suspected or alleged breach of this Terms of Use.
3. Without prejudice to the foregoing, where a court or an arbitrator holds or finds Maxis and our respective personnel and/or suppliers liable to you for any breach or default, you agree that the amount of damages payable by Maxis and our respective personnel and/or suppliers to you will not at any time exceed the sum of RM500.00.

6. DISCLAIMER

1. The Services (including the information, names, images, pictures, logos and icons regarding or relating to TagForm, Maxis, its products and services or to third party products and services (if any)) is provided on an "as is" and "as available" basis and TagForm or Maxis makes no express or implied representation or warranties in relation to the Services, any property or information in or any transaction performed through the Services including but not limited to:
  1. all warranties of safety, legality, merchantability, satisfaction, fitness for purpose, title, non-infringement and compatibility of the Services;
  2. the security, availability, accessibility, timeliness, error-free and uninterrupted use of the Services;
  3. the truth and accuracy of the Content or subsequent modifications thereto;
  4. the actions and omissions of users whether occurred on or outside the Services ;
  5. any deletion, non-delivery or failure to store any user communications or personalised settings;
  6. the inability to use the Services or inability to receive any messages received or transactions entered through the Services;
  7. the accuracy and reliability of results obtained from the use of the Services and that any errors in the software will be corrected;
  8. any implied warranty arising from the course of dealing or trade; and
  9. any obligation, liability, right, claim in tort or otherwise whether or not arising from the negligence of Maxis.

7. INDEMNITY

1. You agree to indemnify TagForm, Maxis, our affiliates, service providers, employees, directors and agents in full against all claims, damages, losses, liabilities, expenses, demands, actions, penalties and costs, arising out of or in connection with your access or use of the Services, your negligence, or any omission, act or breach of this Terms of Use by you or any other persons using your account (whether or not expressly authorised by you).

8. ASSIGNMENT

1. You are not permitted to assign or novate any, or any part, of your rights and/or obligations under the Terms of Use to any party, without our prior written consent.
2. You agree and consent that we may assign any, or any part, or all, of our rights under the Terms of Use to our Related Corporations or any third party by notice in writing to you.
3. You further agree and consent that we may novate any, or any part, or all, of our rights and/or obligations under the Terms of Use, or the Terms of Use itself, to our Related Corporations or any third party by notice in writing to you. Your continued usage, after service of such notice on you, of the Services will be deemed as your consent to continue with the Services after such novation.

9. GOVERNING LAW

1. By accessing and using the Services, you agree that such access and/or use, as well as this Terms of Use shall be governed by and construed in accordance with the laws of Malaysia and you agree to submit to the exclusive jurisdiction of the Malaysian courts.

10. GENERAL TERMS

1. The use of the Services is subject to this Terms of Use and such other terms and conditions as may be agreed or accepted by you (collectively referred to as “Maxis’ Agreement”). If there is any conflict or inconsistency between the Maxis’ Agreement and this Terms of Use, such conflict or inconsistency will be resolved in a manner most favourable to TagForm and Maxis. However, if such conflict or inconsistency cannot be so resolved, the Maxis’ Agreement will prevail over this Terms of Use.
2. This Terms of Use shall have effect only to the extent not forbidden by law. For avoidance of doubt, it is agreed and declared in particular, without limitation, that nothing herein shall be construed as an attempt to contract out of any provisions of the Consumer Protection Act 1999, if and where the said Act is applicable.
3. No delay or indulgence by TagForm and Maxis in enforcing any terms or conditions of this Terms of Use nor the granting of time by TagForm and Maxis to you shall prejudice the rights or powers of Maxis nor shall any waiver by TagForm and Maxis of any breach constitute a continuing waiver in respect of any subsequent or continuing breach.
4. If any part of the Terms of Use should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which this Terms of Use are intended to be effective, then to the extent and within the jurisdiction which that term or condition is illegal, invalid or unenforceable, it shall be severed and deleted from the Terms of Use and the remaining Terms of Use hereof shall survive, remain in full force and effect and continue to be binding and enforceable.
5. The Services may be accessed throughout Malaysia and overseas. Maxis makes no representation that the content of this Services complies with the laws (including intellectual property laws) of any country outside Malaysia. If you access the Services from outside Malaysia, you do so at your own risk and are responsible for ensuring compliance with all laws in the place where you are located.
6. You must also:
  1. not use the Services to cause embarrassment, distress, annoyance, irritation or nuisance to any person;
  2. comply with all notices or directions relating to your use of the Services as we may see fit to issue from time to time or if we have reason or cause to suspect that you are not complying with your responsibilities and obligations under this Terms of Use;
  3. at all times keep the personal identification and password created confidential and not release the password to any person.

Definition

The following terms have the following meanings in this Terms of Use:-

Content(s) means certain information including but not limited to text, sounds, music, software, photographs, videos, data, graphics, images, logos, button icons, audio clips, messages, links, listings or other materials placed on the Services.
Maxis refers to Maxis Broadband Sdn Bhd, Registration No. 199201002549 (234053-D), a company incorporated in Malaysia under the Companies Act, 2016 having its registered address at Level 21, Menara Maxis, Kuala Lumpur City Centre, off Jalan Ampang, 50088 Kuala Lumpur, Malaysia and/or its Related Corporations, as may be applicable, and includes their successors, assigns, employees and agents.
TagForm refers to TagForm Sdn Bhd, Registration No. (1161450-W), a company incorporated in Malaysia under the Companies Act, 2016 having its registered address at No.17, Jalan BK1/19, Bandar Kinrara Industrial Park, 47180 Puchong, Selangor, Malaysia. and/or its Related Corporations, as may be applicable, and includes their successors, assigns, employees and agents.
Online Services means any functions, features, access to and use of the internet, internet information and/or other services, various service and communication channels and facilities through the internet, or communication facilities or services made available by Maxis from time to time subscribed or to be subscribed by you in connection with the Online Services, through the Services, which includes but is not limited to, online transactions, messaging services, single sign on, online transactions, search engines, automated services, e-commerce facilitators, chat, discussion groups and/or e-mails; and any products and/or services offered by Maxis. The list of Online Services may be updated and amended by Maxis from time to time, in respect of which you shall be bound to this Term of Use for access to and usage of the new Online Services.
Related Corporations means the related corporations as defined under the Companies Act, 2016.
Services includes Maxis’ Website and/or Online Services.
Terms of Use refers to these terms and conditions which govern the relationship between you and Maxis for the use of the Services to which you are granted permission to access.
Website means the Maxis’ website (www.maxis.com.my) and such other Maxis’ website, which is subject to change from time to time.
You and Your refers to the person or entity accessing and using the Services.

Terms of Use of Maxis' Website and Online Services

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