Version 20 December 2020
1. Access and use:
2. Your Use of the Services:
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:
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;
you are solely responsible for all Content, products or services you transmit or make available via the Services or on any website;
by using the Services, you may be exposed to third party Content, products or services that may be defamatory, offensive, indecent, objectionable or illegal;
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;
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;
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;
you will not use the Services to transmit "junk mail", "spam", "chain letters", or unsolicited mass distribution of email, or for any commercial purposes;
you will not use the Services to impersonate any other person or to create a false identity;
you will not develop restricted password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
you will notify Maxis immediately of any unauthorised use or any other breach of security;
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;
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;
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 Maxis’ or its service providers’ servers or network;
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 will not be liable to you if you suffer loss or damage as a result of the information not being secure;
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.
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.
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 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. Maxis’ Rights :
Maxis may refuse, remove, modify or deny access to any Content, products or services which you transmit or make available via the Services or on any website, including without limitation such Content, products or services that may be or are alleged to be defamatory, offensive, indecent, objectionable or illegal or may have infringed any party's intellectual property rights. We shall not be responsible for determining the validity of any allegations in this regard.
Maxis is not responsible for the condition or Content of any third party sites which may be found on the Services. The link(s) are provided solely for your convenience and do not indicate, expressly or impliedly, any endorsement, authorization or sponsorship by Maxis of those site(s) or the products or services provided there. You access those sites and use their products and services solely at your own risk. Maxis is not responsible for use or any transactions performed on those sites.
Maxis may deny access to or remove any third party Content, products or services that may be defamatory, offensive, indecent, objectionable or illegal or may have infringed any party's intellectual property rights, without notice to you.
Without prejudice to paragraph 3.3 above, Maxis may refuse, remove, modify, deny access to, suspend or terminate any third party Content, products or services which you may access, use or acquire via the websites, Services. Maxis and its Related Corporations will not be liable to you or any third party under this Clause 3.
Maxis does not guarantee that you will have access to the Services at all times. You may experience interruptions to the Services and Maxis will not be liable to you if you suffer loss or damage as a result of these interruptions. You access those Content and use their products and services solely at your own risk. In no event will Maxis be liable to you or anyone for any damage arising from or occasioned by the use of these third party Content.
If you post Content or submit material, unless we indicate otherwise, you grant Maxis a non-exclusive, royalty free, perpetual, irrevocable, fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Maxis and sub-licensees the right to use the name that you submit in connection with such Content.
You represent and warrant that you own or otherwise control all the rights to the Content that you post; that the Content is accurate; that the use of the Content you supply does not violate the Maxis Fair Usage Policy and will not cause injury to any person or entity.
Maxis may establish general practices and limits concerning use of this Services, including without limitation, the maximum number of times (and the maximum duration for which) you may access the Services, in a given period of time.
Maxis reserves the right to investigate potential abuses and/or any abuse pursuant to your use of the Services. You are required to fully cooperate with any of Maxis’ investigations in respect of these matters.
4. Copyright and Trademark Notice :
The Content in the Services are protected by copyright, trademarks and/or other intellectual property rights and other relevant laws of Malaysia. You may view the Services and use its Content for personal and non-commercial purposes. Any Content on the Services may not be reproduced, distributed, transmitted, published, displayed, broadcasted, stored, adapted, licensed, altered, hyperlinked or otherwise used in any manner or by any means without Maxis’ prior written consent. You may not, without Maxis’ prior written consent, insert a hyperlink to the Services (or any part thereof) on any other website.
You may not frame or utilise framing techniques to enclose any Content, trademark, logo, or other proprietary information (including images, text, page, layout, or form) of Maxis without express consent. You may not use any meta tags or any other "hidden text" utilising names, logos or trademarks belonging to Maxis without express consent of Maxis.
No license or rights are granted to you and your access or use of the Services should not be construed as granting, by implication, estoppel or otherwise, any license or right to use the trademarks, trade names, logos, or service marks without Maxis’ prior written consent.
The compilation (including but not limited to the collection, arrangement, and assembly) of all Content on the Services is the exclusive property of Maxis and protec ted by copyright. All software used on the Services is the property of Maxis or its software suppliers and protected by copyright.
6. Breach of Term, Termination and/or Suspension :
Maxis reserves the rights to restrict, suspend or terminate your account or your access to the Services.
Maxis shall not be liable for any failure to perform its obligations herein caused by acts of God, 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.
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.
Any breach or attempted breach to compromise Maxis’ and/or any other party’s network security is prohibited and may result in criminal and/or civil liability.
7. Password Confidentiality :
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 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.
Maxis 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.
You shall keep Maxis fully indemnified against all loss or damage which Maxis 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.
Maxis reserves the right to invalidate or suspend your password at any time without being obliged to offer you any explanation or prior notice. Maxis shall not be liable for any loss or damage which you may suffer as a result of such invalidation and/or suspension.
Maxis reserves the right to discontinue the password accessing system with respect to the Services at any time, without prior notice. Maxis shall not be liable for any loss or damage which you may suffer as a result of such discontinuation.
8. Liability :
Notwithstanding anything to the contrary herein contained, 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 Maxis, 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.
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.
9. Disclaimer :
The Services (including the information, names, images, pictures, logos and icons regarding or relating to 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 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
all warranties of safety, legality, merchantability, satisfaction, fitness for purpose, title, non-infringement and compatibility of the Services;
the security, availability, accessibility, timeliness, error-free and uninterrupted use of the Services;
the truth and accuracy of the Content or subsequent modifications thereto;
the actions and omissions of users whether occurred on or outside the Services;
any deletion, non-delivery or failure to store any user communications or personalised settings;
the inability to use the Services or inability to receive any messages received or transactions entered through the Services;
the accuracy and reliability of results obtained from the use of the Services and that any errors in the software will be corrected;
any implied warranty arising from the course of dealing or trade; and
any obligation, liability, right, claim in tort or otherwise whether or not arising from the negligence of Maxis.
To the full extent permitted by law, Maxis disclaim any and all such warranties.
10. Indemnity :
11. Assignment :
12. Notices :
if sent by pre-paid registered post, on the second business day after the date of posting;
if by ordinary post, on the fifth business day after the date of posting;
if hand delivered, upon delivery;
if sent by fax, upon notification that the message was successfully transmitted in its entirety; and if sent by email, on the date the email was recorded as sent in the e-mail.
13. Governing Law :
14. General Terms :
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.
You must also:
cease to utilize the Services or any part thereof for such period as may be required by Maxis.
not use the Services to cause embarrassment, distress, annoyance, irritation or nuisance to any person.
at all times keep the personal identification and password created confidential and not release the password to any person.
15. Definition :
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.
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.
Website g. 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.