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I have read & accept the below terms & conditions

TERMS AND CONDITIONS (PRODUCTION)

Last Update: 02 July 2005 (Version 020705)

By accessing and using this Hotlink E-Reload website you accept without limitation or qualification, all of these Terms and Conditions which take effect on the date which you first access and use Hotlink E-Reload. If these Terms and Conditions are not accepted in full, the use of this Hotlink E-Reload website must be terminated immediately. MMSSB and/or its Related Corporations reserves the right to change these Terms and Conditions at any time by posting changes online without prior notice. You are responsible for reviewing regularly information posted online to obtain timely notice of such changes. Your continued use of this Hotlink E-Reload website following the postings of any changes to these Terms and Conditions constitutes acceptance of those changes. All references to “MMSSB” in these Terms and Conditions shall mean Malaysian Mobile Services Sdn Bhd (formerly known as TIMECel Sdn Bhd) (73315-V), a wholly-owned subsidiary of Maxis Communications Bhd (“Maxis”) the operator and provider of this Hotlink E-Reload website. All references to “you” or “your” means persons accessing this Hotlink E-Reload website. “Related Corporations” means the related corporations as defined under the Companies Act, 1965 and include their respective employees and directors.

  1. 1. Copyright Notice
    1. 1.1 This Hotlink E-Reload website and its contents including but not limited to text, graphics, images, logos, button icons, audio clips, and software are owned or controlled for these purposes by MMSSB, its Related Corporations or its content suppliers and are protected by copyright, trademarks and other laws of Malaysia. You may view this Hotlink E-Reload website and its contents using your web browser and save an electronic copy, or print out a copy, of parts of this Hotlink E-Reload website solely for your own information. You are restricted from modifying, in any way, the contents from how it appears on this Hotlink E-Reload website or any websites belonging to MMSSB. You must include the copyright notice “© 2000 Maxis” or “© 2003 Maxis” on the copy. You must not reproduce, transmit (including broadcast), adapt or otherwise exercise the copyright in the whole or any part of this Hotlink E-Reload or Maxis website for any other purpose except as expressly permitted.
    2. 1.2 The compilation (including but not limited to the collection, arrangement, and assembly) of all content on this Hotlink E-Reload website is the exclusive property of MMSSB and/or its Related Corporations and protected by copyright. All software used on this Hotlink E-Reload website is the property of MMSSB, its Related Corporations or its software suppliers and protected by copyright.
  2. 2. Trademark Notice
    1. 2.1 This Hotlink E-Reload website includes registered trademarks and trademarks which are the subject of pending applications or which are otherwise protected by law including without limitation, the words “Maxis”, “Activate Your Life”, “Hotlink”, “Maxis Mobile”, “Maxis One Club”, and the Maxis, Hotlink, Maxis Mobile, and Maxis One Club logos. Unless otherwise indicated, they are owned by MMSSB and/or its Related Corporations.
    2. 2.2 You may not use such trademarks or the names “Maxis”, “Activate Your Life”, “Hotlink”, “Maxis Mobile”, “Maxis One Club”, or their respective logos, as applicable, except as permitted in these Terms and Conditions or with the specific prior written permission of MMSSB and/or its Related Corporations, as the case may be. This Hotlink E-Reload website also may contain the trademarks of content suppliers and electronic commerce merchants which are protected by law, and you may not use these trademarks, at all times.
  3. 3. DISCLAIMER
    1. 3.1 THIS HOTLINK E-RELOAD WEBSITE AND THE INFORMATION, NAMES, IMAGES, PICTURES, LOGOS AND ICONS REGARDING OR RELATING TO MMSSB and/or the Related Corporation, ITS PRODUCTS AND SERVICES OR TO THIRD PARTY PRODUCTS AND SERVICES (IF ANY), IS PROVIDED ON AN “AS IS” BASIS WITHOUT ANY REPRESENTATION OR WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED TO THE FULLEST EXTENT PERMITTED BY LAW. MMSSB AND/OR ITS RELATED CORPORATIONS DISCLAIM AND EXCLUDE ALL WARRANTIES RELATING TO THE CONTENT, INFORMATION, SERVICES, PRODUCTS OR MATERIALS INCLUDED ON THIS HOTLINK E-RELOAD WEBSITE INCLUDING BUT NOT LIMITED TO, ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY AND ACCURACY. IN NO EVENT SHALL MMSSB AND/OR ITS RELATED CORPORATIONS, THEIR RESPECTIVE AGENTS AND REPRESENTATIVES; SUPPLIERS, VENDORS OR MERCHANTS WHO HAVE A PRESENCE ON THIS HOTLINK E-RELOAD WEBSITE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING BUT NOT LIMITED TO LOSS OF USE, DATA, REVENUE OR PROFITS, WHETHER IN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS, USE OF, OR YOUR INABILITY TO ACCESS OR USE THIS HOTLINK E-RELOAD WEBSITE. MMSSB AND/OR ITS RELATED CORPORATIONS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL CONTAINED IN HOTLINK E-RELOAD WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS HOTLINK E-RELOAD WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR BUGS OR REPRESENTS THE FULL FUNCTIONALITY, ACCURACY, RELIABILITY OF THE MATERIALS.
    2. 3.2 ACCESS TO THIS HOTLINK E-RELOAD WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MMSSB AND/OR ITS RELATED CORPORATIONS SHALL NOT BE LIABLE FOR AND MAKES NO EXPRESS OR IMPLIED REPRESENTATION OR WARRANTIES OF ANY KIND IN RELATION TO THE SERVICES INCLUDING BUT NOT LIMITED TO: -
      1. (a) AVAILABILITY, ACCESSIBILITY, TIMELINESS AND UNINTERRUPTED USE OF THE HOTLINK E-RELOAD WEBSITE;
      2. (b) SEQUENCE, ACCURACY, COMPLETENESS, TIMELINESS OR THE SECURITY OF ANY DATA OR INFORMATION TRANSMITTED USING THE HOTLINK E-RELOAD WEBSITE;
      3. (c) SEQUENCE, ACCURACY, COMPLETENESS, TIMELINESS OR THE SECURITY OF ANY DATA OR INFORMATION PROVIDED TO YOU.
    3. 3.3 In compiling the information contained on, and accessed through, this Hotlink E-Reload website (“Information”) MMSSB has used its best endeavours to ensure that the information is correct and at the time of publication but takes no responsibility for any error, omission or defect therein. MMSSB, its Related Corporations and its employees, agents and consultants exclude all liability for any loss or damage (including indirect, special or consequential loss or damage) arising from the use of, or reliance on, the Information whether or not caused by any negligent act or omission
  4. 4. License and website access
    1. 4.1 MMSSB grants you a limited license to access and make personal use of this Hotlink E-Reload website and not to download or modify it, or any portion of it, except with prior express written consent of MMSSB. This license does not include any resale or commercial use of this Hotlink E-Reload website or its contents. This license does not include any collection and use of any product listings, descriptions or prices; any downloading or copying of any information for purposes other than for carrying out your activities as authorised dealers & distributors of MMSSB’s products and/or services; or any use of data mining, robots or similar data gathering or extraction tools. This Hotlink E-Reload website or any portion of this Hotlink E-Reload website including without limitation the materials used and displayed on this Hotlink E-Reload website may not be reproduced, duplicated, copied, sold, resold, republished, downloaded, posted, distributed, disseminated, broadcast, transmitted or otherwise exploited for any commercial purpose except for your own reference in the conduct of your activities as authorised dealers and distributors of MMSSB’s products and/or services. Any other use requires the prior written permission of MMSSB and/or its Related Corporations. You agree not to adapt, alter or create a derivative work from this Hotlink E-Reload website or any portion of this Hotlink E-Reload website including without limitation the materials used and displayed on this Hotlink E-Reload website or use them for any other purpose other than for the purpose stated in this paragraph.
    2. 4.2 You may not frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page, layout, or form) of MMSSB and/or its Related Corporations without express consent. You may not use any meta tags or any other “hidden text” utilising names, logos or trademarks belonging to MMSSB and/or its Related Corporations without express consent of MMSSB and/or its Related Corporations. Any unauthorised use terminates the permission or license granted by MMSSB herein.
    3. 4.3 Nothing contained in the website shall be construed as conferring by implication, estoppels or otherwise, any license or right under any patent, trademark, copyright (except as expressly provided (if any) in these Terms and Conditions) or any proprietary rights of MMSSB, its Related Corporations or its licensors.
  5. 5. Access and Use of this Hotlink E-Reload website and Use of Information
    1. 5.1 MMSSB, its Related Corporations and their respective agents and representatives shall not be responsible for material submitted to MMSSB or other user created pages which allow you and other users to post information, provide feedback about MMSSB, and interact in real time. Any information, suggestions, ideas, drawings, concepts, know-how or techniques provided by, or obtained from you or your use of this Hotlink E-Reload website shall be deemed to be non-confidential and non-proprietary. By communicating with MMSSB, you grant MMSSB and/or its Related Corporations permission to use any information, suggestions, ideas, drawings, concepts, know-how or techniques communicated, for any purpose MMSSB and/or its Related Corporations chooses, commercial, public or otherwise without cost or compensation whatsoever to you. You acknowledge that MMSSB and/or its Related Corporations and their respective agents and representatives do not control the information available on the user generated pages on this Hotlink E-Reload website and that any opinion, advice, statements, services, offers or other information or content presented or disseminated therein are those of their respective authors who are solely responsible and liable for their content.
  6. 6. Rules of Acceptable Use
    1. 6.1 You further undertake NOT to use the Hotlink E-Reload website in a manner that may infringe the rights or restrict the use and enjoyment of this Hotlink E-Reload website by any third party, and this includes:
      1. (a) conduct or material which is unlawful, offensive, obscene, indecent, defamatory, seditious, abusive or hateful, false, racial or which may harass, distress or cause inconvenience to any person or invade another’s privacy, constitutes an illegal threat or constitutes junk mail, encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, state, national or international law or regulation;
      2. (b) use of material in a manner which infringes any copyright, trademark or any intellectual property right;
      3. (c) use of material protected by trade secret without due authorization;
      4. (d) impersonating any person or entity including but not limited to a Maxis official or host or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
      5. (e) unauthorized access or use of data, systems or networks including any attempt to prove, scan or test the vulnerability of a system or network;
      6. (f) monitoring without authority data or traffic on any network or system;
      7. (g) using or attaching any viruses, Trojan horses, time bombs, worms, cancelbots or like devices which could damage, interfere, intercept or expropriate any system; or interfering with the service of any User, host or network including but not limited to mailbombing, flooding, broadcast attacks database or placing unreasonable burden on Maxis’ system(s);
      8. (h) circumventing any user authentication or security of any host, network or account (cracking or hacking); and
      9. (i) reselling or providing this dealernet website or any part thereof to another person or entity for profit or otherwise.
    2. 6.2 MMSSB reserves the right to investigate potential abuses of the Rules of Acceptable Use and MMSSB will fully co-operate with investigations of suspected criminal violations, violations of system or network under the leadership of law enforcement or relevant authorities. MMSSB further reserves the right to suspend or terminate your right to access this Hotlink E-Reload website if is discovered that you have provided us with false or misleading registration or other information or violated or attempted to violate any term of the Rules of Acceptable Use.
    3. 6.3 MMSSB reserves the right to make modifications to the Rules of Acceptable Use at any time by posting changes online without prior notice. Please check these Maxis Rules of Acceptable Use periodically for changes. Your continued use of this Hotlink E-Reload website following the posting of any changes to the Rules of Acceptable Use constitutes acceptance of those changes.
  7. 7. Password Confidentiality
    1. 7.1 If you use this Hotlink E-Reload website, you will be required to enter your password every time you access this Hotlink E-Reload website. 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. You undertake to observe all security measures prescribed by MMSSB concerning your password or generally in respect of the use of this Hotlink E-Reload website. 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 MMSSB immediately after your becoming aware of the same.
    2. 7.2 MMSSB shall not be liable for any loss or damage which you and/or any third party may suffer as a result of instructions or transactions transmitted via this Hotlink E-Reload website after successful usage of your password whether or not such usage was authorized by you.
    3. 7.3 You shall keep MMSSB and/or its Related Corporations fully indemnified against all loss or damage which MMSSB and/or its Related Corporations suffer(s) or may suffer in connection whether directly or indirectly to usage of your password whether by yourself or any third party, authorized or otherwise.
    4. 7.4 MMSSB and/or its Related Corporations reserves the right to invalidate or suspend your password at any time without being obliged to offer you any explanation or prior notice. MMSSB and/or its Related Corporations shall not be liable for any loss or damage which you may suffer as a result of such invalidation and/or suspension.
    5. 7.5 MMSSB and/or its Related Corporations reserves the right to discontinue the password accessing system with respect to this Hotlink E-Reload website at any time, without prior notice. MMSSB and/or its Related Corporations shall not be liable for any loss or damage which you may suffer as a result of such discontinuation.
  8. 8. Termination and Suspension
    1. 8.1 MMSSB and/or its Related Corporations reserves the right to modify for any reason whatsoever or discontinue (temporarily or permanently) this Hotlink E-Reload website at any time and from time to time with or without notice. You agree that MMSSB and/or its Related Corporations shall not be liable to you or to any other party for such modification, suspension or discontinuance of this Hotlink E-Reload website.
    2. 8.2 MMSSB and/or its Related Corporations reserves the right with notice, to terminate your access to or use of this Hotlink E-Reload website for any reason including but not limited to violation of any terms of these Terms and Conditions and/or lack of use of this Hotlink E-Reload website. You agree that MMSSB and/or its Related Corporations shall not be liable to you or any other party for any termination of your access to or use of this Hotlink E-Reload website.
    3. 8.3 MMSSB and/or its Related Corporations shall not be liable for any failure to perform its obligations herein cause by an act of God, insurrection or civil disorder, military operations or terrorism, all emergencies, acts or omission of Government or any competent authority, industrial disputes of any kind, fire, lightning, explosion, flood, acts or omission of persons or bodies for whom MMSSB and/or the Related Corporations has no control over or any cause outside MMSSB’s and/or the Related Corporations’ reasonable control.
  9. 9. Linked Sites
    1. 9.1 This Hotlink E-Reload website may contain links to other websites including third party websites. You acknowledge and agree that each of those websites are governed by their respective terms and conditions which you agree to abide by when using or accessing those websites. The terms and conditions therein contained are enforceable directly against you on its own behalf by the respective owners of those websites. MMSSB and/or its Related Corporations is not responsible for the condition or content of those websites as they are not under the control of MMSSB and/or its Related Corporations. The link(s) are provided solely for your convenience and do not indicate, expressly or impliedly, any endorsement, authorisation or sponsorship by MMSSB and/or its Related Corporations of those websites or the products or services provided there. You access those websites and use their products and services solely at your own risk. MMSSB and/or its Related Corporations is not responsible for any transactions you may perform on those websites.
  10. 10. Indemnity
    1. 10.1 By accessing and using this Hotlink E-Reload website you agree to indemnify and hold harmless MMSSB and/or its Related Corporations against any losses, expenses claims and liability arising from any breach of these Terms and Conditions.
  11. 11. Miscellaneous
    1. 11.1 If there is any conflict between these Terms and Conditions and rules and/or specific terms of use appearing on this Hotlink E-Reload website relating to specific material then the latter shall prevail.
    2. 11.2 MMSSB and/or its Related Corporations reserves the right to amend these Terms and Conditions at any time without prior notice. You are responsible for regularly reviewing information posted online to obtain notice of such amendments. Your continued access into and usage of this Hotlink E-Reload website after such amendments shall be construed as your having accepted all such amendments.
    3. 11.3 These Terms and Conditions shall have effect only to the extent not forbidden by law. For avoidance of doubt, it hereby agreed and declared in particular, but 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.
    4. 11.4 No delay or indulgence by MMSSB and/or its Related Corporations in enforcing any term or condition of these Terms and Conditions nor the granting of time by MMSSB and/or its Related Corporations to you shall prejudice the rights or powers of MMSSB nor shall any waiver by MMSSB and/or its Related Corporations of any breach constitute a continuing waiver in respect of any subsequent or continuing breach.
    5. 11.5 If any of these Terms and Conditions should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms and Conditions 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 these Terms and Conditions and the remaining Terms and Conditions shall survive, remain in full force and effect and continue to be binding and enforceable.
    6. 11.6 These Terms and Conditions shall be governed by and construed in accordance with the laws of Malaysia without reference to any principle of conflict of laws. Disputes arising out of or related to this Hotlink E-Reload website shall be exclusively subject to the jurisdiction of the courts of Malaysia.
    7. 11.7 You must also:
      1. (i) cease to utilize the Hotlink E-Reload services and/or website or any part thereof for such period as may be required by MMSSB.
      2. (ii) ensure that the Hotlink E-Reload service and/or website is used solely for the purchase and sales of Hotlink E-Reload call credits and the management of the allocated Hotlink E-Reload call credits.
      3. (iii) not use the Service to cause embarrassment, distress, annoyance, irritation or nuisance to any person.
      4. (iv) comply with all notices or directions relating to your use of the Hotlink E-Reload service and website 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 these terms and conditions.
      5. (v) at all times keep the personal identification and password created confidential and not release the password to any person.
 
Copyright 2004-05 Utiba Pty Ltd. All rights reserved.
Copyright 2003 © Maxis is a trademark of Maxis Communications Bhd. (158400-V)
Hotlink is a trademark of Malaysian Mobile Services Sdn. Bhd. (73315-V) (formerly known as TIMECel Sdn. Bhd.)
All rights reserved. All other trademarks and copyright used herein are the property of their respective owners.