WEBSITE, SERVICES AND THE MAXIS ONLINE …...Bhd, Maxis International Sdn Bhd and Maxis Communications Berhad (collectively referred to as “Maxis Group”, “us” or “we”)

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Sensitivity: Internal & Restricted

Version 14Dec2015

WEBSITE, SERVICES AND THE MAXIS ONLINE STORE TERMS OF USE PART A. SUMMARY TERMS AND CONDITIONS (“STC”) .................................................................................................... 2

PART B. MAXIS GROUP PRIVACY STATEMENT ................................................................................................................. 3

PART C. TERMS OF USE .................................................................................................................................................. 11

PART D. ORDERING FROM MAXIS ONLINE STORE …………………………………………………………………………………………………..16

1. CANCELLATION .................................................................................................................................................... 16

2. DELIVERY ............................................................................................................................................................. 17

3. TERMS & CONDITIONS APPLICABLE TO THIRD PARTY PRODUCTS & SERVICES ................................................. 19

PART E. DEVICE CONTRACTS .......................................................................................................................................... 20

PART F. ZEROLUTION CONTRACTS ................................................................................................................................ 24

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PART A. SUMMARY TERMS AND CONDITIONS (“STC”) Version 14Dec2015

SUMMARY TERMS AND CONDITIONS OF MAXIS SERVICE(S) (“SUMMARY”)

Your Agreement with Maxis comprises the General Terms and Conditions (“General Terms”), Service Specific Terms & Conditions applicable to you, the Maxis Group Privacy Statement and the Maxis Fair Usage Policy (“Agreement”). These are all located on our official website at www.maxis.com.my/tnc/personal and www.maxis.com.my/pdpa. Alternatively please visit your nearest Maxis Centre for hard copies. This Summary highlights some of the important terms of the Agreement. When you purchase the Maxis Service(s), the Agreement in its entirety (and not just this Summary) applies to you. Please read and understand the contents of the Agreement in its entirety. Terms used in this Summary will have the same meaning as defined in the General Terms. In the event of any inconsistency or conflict between the Summary and the General Terms, the General Terms will prevail. Your Personal Information: We will process your Personal Information pursuant to the Personal Data Protection Act 2010 and the Maxis Group Privacy Statement. These explain your rights to and our usage of your Personal Information. Our Maxis Group Privacy Statement is found at all our Maxis Centres and our website at www.maxis.com.my/pdpa. Call us at 1800 82 1123 or 74922123 or e-mail us at [email protected] if you need a copy. Your obligations when you use the Service(s): You must:

comply with the Agreement in its entirety; comply with all applicable laws of Malaysia and instructions issued by us; promptly pay Charges in full without deduction and protect Our Equipment; not disclose your Log-On Details to others; not use the Service(s):-

to send spam, unsolicited messages (including SMS’ and emails), and messages against public interest; for re-sale unless permitted by Maxis; for fraudulent, unlawful and improper purpose such as gambling, vice, infringement of intellectual property

rights, publishing any defamatory or abusive material; and for any activity which is likely to cause Network congestion.

The Service(s) we supply, our liability and what you can expect of us: Our Service(s) may not be available everywhere. Please check Our Network coverage area on our official website at maxis.com.my/network. Whilst we will make every attempt to provide a fault free service, the Service(s) are not fault free from Matters beyond Our Control. We are not liable to you or any other party, in contract, tort (including negligence), or otherwise for any loss or damage that you may suffer in connection with the Service(s). Change of Service plan: Request for a change of Service plan is based on our approval and at your cost. Good and Services Tax (“GST”) Provisions We will provide you with a tax invoice if GST is applicable. When we can suspend or terminate your Service(s): We may suspend or terminate your Service(s) in a number of circumstances, including where you breach Our Agreement, late payment, Network related issues (including emergencies), or use the Service(s) for improper purposes or for damaging our Network. If the Service(s) is/are suspended or terminated, you must still pay all outstanding Charges and charges for Service(s) reconnection. What we can do in relation to the Service(s): We may from time to time make any changes, including revising the Charges. Changes will be notified via Maxis’ official website. Complaints We appreciate any feedback about our Service(s), and are committed to resolving problems or complaints quickly. If you have any concerns, please contact us at 1-800-82-1123 or dial 123 from your mobile. You acknowledge that you have been provided with and have read and understood the Agreement in its entirety, and you

agree to the terms and conditions of the Agreement.

http://tnc/

http://www.maxis.com.my/pdpa


mailto:[email protected]

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PART B. MAXIS GROUP PRIVACY STATEMENT IMPORTANT NOTICE

This Privacy Statement sets out how Maxis Berhad and its holding, related and subsidiary companies, including but not limited to, Maxis Mobile Sdn Bhd, Maxis Mobile Services Sdn Bhd, Maxis Broadband Sdn Bhd, Maxis Collections Sdn Bhd, Maxis International Sdn Bhd and Maxis Communications Berhad (collectively referred to as “Maxis Group”, “us” or “we”) collect, store and handle personal information (as defined below) of individuals in accordance with the Personal Data Protection Act 2010 (“PDPA”) and the laws of Malaysia.

Please read this Privacy Statement to understand how we use the personal information we may collect from you. By providing your Personal Information to us, you are consenting to this Privacy Statement and the collection, use, access, transfer, storage and processing of your personal information as described in this Privacy Statement.

1. What This Privacy Statement Explains

This Privacy Statement explains:

What kind of personal information we collect

How we collect your personal information

How we use your personal information

When we disclose your personal information

When we transfer your personal information abroad

Your right to access and correct your personal information 2. Our Commitment To You

We value your trust and are committed to protecting your personal information. To ensure that you can make informed decisions and feel confident about supplying your Personal Information to us when using any of our Maxis Group websites, Products and/or Services, we provide you with this Privacy Statement outlining our practices and the choices you have concerning how your Personal Information is being collected and used by us.

3. Defining Personal Information

Personal information refers to any information which relates directly or indirectly to you. This includes any information that can be used to distinguish, identify or contact you. For the purposes of this Privacy Statement, personal information encompasses sensitive personal information which relates to information relating to your health, political opinions, religious beliefs, etc. For the avoidance of doubt, please note that this Privacy Statement is applicable only if you are a natural person / an individual.

4. What Kind Of Personal Information We Collect In order for us to provide you with our Products and/or Services and to operate in an efficient and effective manner by providing you with the best service possible, we need to collect relevant personal information from you. The personal information collected by us may include (but is not limited to) the following:-

contact information such as your name, date of birth, identification supporting documents (including NRIC or passport number), gender, nationality and race, preferred language, current private and/or business address, installation address, telephone or mobile phone number, fax number, email address

your credit card information and bank account details

your mobile phone location (to determine the closest Maxis network connection point to enable connection to our network to make calls and/or access our mobile internet services)

the status of the Products and/or Services you have acquired from us or subscribed to

how you use the Products and/or Service (for example traffic data such as numbers and addresses of calls, SMS, MMS, emails and other communications made and received by you and the date, duration, time and cost of such communications)

the amount of data that has been received and/or sent by you

the equipment you use when accessing our Products and/or Services (such as your mobile handset, your computer system and platform) to customize the service for you

your personal interests and preferences to help us tailor offerings of our Products and/or Services which would suit you best

clickstream data when you visit any of our websites (for example the pages you access and the Services and/or Products you browsed)

recording of your image via CCTV cameras when you visit our branches

recording of calls placed by you to our help desk for our service enhancement and improvement

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5. When And How We Collect Your Personal Information?

We may collect personal information directly from you when you:-

communicate with us (for example when you submit an application form to become our customer, or when you contact us for any enquiries including by calling our customer service)

register or subscribe for a specific Product and/or Service or our publications (for example, newsletters)

use our network and other Products and/or Services of Maxis Group

participate in any of our surveys

enter into or participate in any competitions, contests or loyalty programmes run/organised by us

register interest and/or request for information of (through our online portals or other available channels) or subscribe to our Products and/or Services

respond to any marketing materials we send out

commence a business relationship with us (for example, as a service provider/business partner)

visit any of our offices

visit or browse our websites

lodge a complaint with us

provide feedback to us (for example via our websites or in hard copy) Other than personal information obtained from you directly (as detailed above), we may also obtain your personal information from third parties we deal with or are connected with you (credit reference agencies or financial institutions), and from such other sources where you have given your consent for the disclosure of information relating to you, and/or where otherwise lawfully permitted.

6. How We Use Your Personal Information

We may collect and use personal information from you or from the category of third parties identified in this Privacy Statement, for one or more of the following purposes:-

to verify your identity

to assess and process your application(s) /request(s) for our Products and/or Services

to provide you with the Products and/or Services you have requested

to administer and manage the Products and/or Services we provide you (including charging, billing, facilitating payments and collecting debts)

to investigate and resolve any service issues, billing queries, complaints or other enquiries that you submit to us regarding our network, Products and Services with our customer relations teams

to assess and/or verify credit worthiness

to detect and prevent fraudulent activity

to manage our networks

to keep in contact with you and provide you with any information you have requested

to engage in business transactions in respect of Products and/or Services to be offered and provided to you

to establish and better manage any business relationship we may have with you

to process any communications you send us (for example, answering any queries and dealing with any complaints and feedbacks)

to help us monitor and improve the performance of our network, Products and Services, our customer relations teams and service providers and the Maxis Group Websites and to make these more efficient

to maintain and develop our business systems and infrastructure, including testing and upgrading of these systems

to manage staff training and quality assurance

to notify you about benefits and changes to the features of our Products and/or Services

to determine how can we improve services to you

to produce data, reports and statistics which shall be anonymised or aggregated in a manner that does not identify you as an individual

to investigate, respond to, or defend claims made against, or involving the Maxis Group

to conduct marketing activities (for example, market research)

to maintain records required for security, claims or other legal purposes

to comply with legal and regulatory requirements

for any other purposes that is required or permitted by any law, regulations, guidelines and/or relevant regulatory authorities

7. Disclosure of Your Personal Information

As a part of providing you with our Products and/or Services and the management and/or operation of the same, we may be required or need to disclose information about you to the following third parties:

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law enforcement agencies

government agencies

companies and/or organisations that act as our agents, contractors, service providers and/or professional advisers

companies and/or organisations that assist us in processing and/or otherwise fulfilling transactions and providing you with Products and/or Services that you have requested or subscribed for

our business associates and other parties for purposes that are related to the purpose of collecting and using your personal information

other parties in respect of whom you have given your express or implied consent subject at all times to any laws (including regulations, guidelines and/or obligations) applicable to the Maxis Group.

8. Direct Marketing

We may use your personal information to provide you with information about our and third party services and/or products, which may be of interest to or benefit you, except where otherwise requested or notified by you. In certain instances, we may disclose your personal information to our preferred merchants and strategic partners. However, please note that we will only disclose your personal information to our merchants and strategic partners where you have subscribed for particular Services or Products which require such disclosure, and/or where your consent has been obtained, subject at all times to any laws (including regulations, guidelines and/or obligations) applicable to Maxis Group. We take reasonable steps to ensure that our agreements with our merchants and/or strategic partners include appropriate privacy and confidentiality obligations. If you do not wish your personal information to be utilised for the purposes of marketing or should you change your mind in relation to your previous decision, please contact us at the Maxis Privacy Centre via the contact details provided below. Your latest written instructions to us will prevail.

9. What If Personal Information Provided By You Is Incomplete?

Where indicated (for example in registration/application forms), it is obligatory to provide your personal information to us to enable us to process your application for our Products and/or Services. Should you decline to provide such obligatory personal information, we may not be able to process your application or provide you with our Products and/or Services.

10. Your Rights To Access And Correct Your Personal Information We can assist you to access and correct your personal information held by us. Where you wish to have access to your personal information in our possession, or where you are of the opinion that such personal information held by us is inaccurate, incomplete, misleading or where relevant, not up-to-date, you may make a request to us by contacting the Maxis Privacy Centre via the contact details provided below. You should quote your name, address and phone/account number and provide brief details of the information you want a copy of in any such request. We shall charge a processing fee for searching for and providing you with access to your personal information to cover administration costs.

We will use reasonable efforts to comply with your request to access or correct your personal information within 21 days of receiving your request and the relevant processing fee. Please note that we may have to withhold access to your personal information in certain situations, for example when we are unable to confirm your identity or where information requested for is of a confidential commercial nature or in the event we receive repeated requests for the same information. Nevertheless, we will notify you of the reasons for not being able to accede to your request.

11. Your Obligations You are responsible for providing accurate and complete information to us about yourself and any other person whose personal information you provide us and for updating this personal information as and when it becomes incorrect or out of date by contacting the Maxis Privacy Centre via the contact details provided below. This obligation is a condition to the provision of our Products and/or Services to you and/or any other person authorised or permitted by you or your organisation/company to use the Products and/or Services. In the event you may need to provide us with personal information relating to third parties (for example about your spouse or children or where you are the designated person in charge (from an organisation or company) for dealing with us, if you are acquiring and are responsible for a service and/or product that they will use), you confirm that you have (i) obtained their consent or otherwise entitled to provide their personal information to us and for us to use accordingly, and (ii) informed them to read this Privacy Statement at our website at www.maxis.com.my/pdpa/ and at any Maxis Service Centre.

http://www.maxis.com.my/pdpa/

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12. Online Dealings With Maxis Group

Cookies We collect information about your use of our websites from cookies. Cookies are packets of information stored in your computer which assist your website navigation by customizing site information tailored to your needs. Cookies in themselves do not identify the individual user, just the computer used. You are not obliged to accept cookies. If you are concerned, you can set your computer either to accept all cookies, to notify you when a cookie is issued, or not to receive cookies at any time. However, rejection of cookies may affect your use of our websites as we will be unable to personalize aspects of your use of the website. Links to Third Party Websites Please be informed that this Privacy Statement applies solely to Maxis Group Websites and does not apply to any third party websites you may access from our websites. To determine how they deal with your Personal Information, you should ensure that you read their respective privacy policies.

13. Transfer Of Your Personal Information Outside Malaysia It may be necessary for us to transfer your personal information outside Malaysia if any of our service providers or strategic partners (“overseas entities”) who are involved in providing part of a Maxis Group Products and/or Services are located in countries outside Malaysia or if you use the Products and/or Services from a country other than Malaysia (for example, international roaming). You consent to us transferring your personal information outside Malaysia in these instances. We shall take reasonable steps to ensure that any such overseas entities are contractually bound not to use your personal information for any reason other than to provide the Products and/or Services they are contracted by us to provide and to adequately safeguard your personal information.

14. Updates To Our Privacy Statement

We may amend this Privacy Statement from time to time and the updated version shall apply and supercede any and all previous versions, including but not limited to, leaflets or hard copy versions. Please check our website for information on our most up-to-date practices.

15. Our Contact Details

Should you have any queries, concerns or complaints in relation to this Privacy Statement , kindly contact us at the Maxis Privacy Centre during office hours (between 9:00am to 6:00pm, Mondays to Fridays and between 9:00am to 1:00pm on Saturdays) at the following contact points:

Designation: Data Privacy Officer Telephone: 123 from your Maxis phone /1800821123 or 03-74922123 from any other phone Fax No.: 03-74922950 E-mail: [email protected] Address: Maxis Group, P.O. Box 13222, 50802 Kuala Lumpur A current version of this Privacy Statement is available on our website at: www.maxis.com.my/pdpa. Version: 20130214.01


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PENYATAAN PRIVASI KUMPULAN MAXIS

NOTIS PENTING Penyataan Privasi ini menjelaskan bagaimana Maxis Berhad dan syarikat induk, syarikat sekutu serta anak-anak syarikatnya, termasuk tetapi tidak terhad kepada, Maxis Mobile Sdn Bhd, Maxis Mobile Services Sdn Bhd, Maxis Broadband Sdn Bhd, Maxis Collections Sdn Bhd, Maxis International Sdn Bhd and Maxis Communications Berhad (dirujuk secara kolektif sebagai “Kumpulan Maxis” atau “kami”) mengumpul, menyimpan, dan mengendali maklumat peribadi (seperti yang ditakrifkan di bawah) individu-individu selaras dengan Akta Perlindungan Data Peribadi 2010 (“APDP”) dan undang-undang Malaysia. Sila baca Penyataan Privasi ini untuk memahami bagaimana kami menggunakan Maklumat Peribadi yang kami mungkin kumpulkan daripada anda. Dengan memberi Maklumat Peribadi anda kepada kami, anda bersetuju akan Penyataan Privasi ini dan pengumpulan, penggunaan, pengaksesan, pemindahan, penyimpanan dan pemprosesan maklumat peribadi anda seperti yang diterangkan dalam Penyataan Privasi ini. 1. Apa Yang Diterangkan Oleh Penyataan Privasi ini Penyataan Privasi ini menerangkan: • Apakah jenis maklumat peribadi yang kami kumpulkan • Bagaimana kami mengumpul maklumat peribadi anda • Bagaimana kami menggunakan maklumat peribadi anda • Bila kami mendedahkan maklumat peribadi anda • Bila kami memindahkan maklumat peribadi anda ke luar negara • Hak anda untuk mengakses dan membetulkan maklumat peribadi anda 2. Komitmen Kami Kepada Anda Kami menghargai kepercayaan anda dan kami komited untuk melindungi maklumat peribadi anda. Untuk memastikan bahawa anda dapat membuat keputusan yang bermakna dan berasa yakin akan pembekalan maklumat peribadi anda kepada kami apabila menggunakan mana-mana Laman Web Kumpulan Maxis, Produk dan/atau Perkhidmatan kami, kami telah menyediakan Penyataan Privasi ini untuk anda yang menghuraikan amalan-amalan kami dan pilihan anda mengenai cara-cara maklumat peribadi anda dikumpul dan digunakan oleh kami. 3. Definisi Maklumat Peribadi Maklumat peribadi merujuk kepada apa-apa maklumat yang berkaitan secara langsung atau tidak langsung kepada anda. Ia merangkumi apa-apa maklumat yang boleh digunakan untuk membezakan, mengenal pasti atau menghubungi anda. Bagi tujuan Penyataan Privasi ini, maklumat peribadi merangkumi maklumat peribadi sensitif, iaitu maklumat yang berkaitan dengan kesihatan, pendapat politik, kepercayaan agama anda, dll. Untuk mengelakkan keraguan, sila maklum bahawa Penyataan Privasi ini terpakai hanya jika anda merupakan orang sebenar/seorang individu. 4. Apakah Jenis Maklumat Peribadi Yang Kami Kumpulkan Untuk membolehkan kami memberi anda Produk dan/atau Perkhidmatan kami dan untuk beroperasi secara cekap dan berkesan dengan menyediakan perkhidmatan yang terbaik mungkin kepada anda, kami perlu mengumpul maklumat peribadi yang berkenaan daripada anda. Maklumat peribadi yang dikumpulkan oleh kami mungkin merangkumi (tetapi tidak terhad kepada) yang berikut: • maklumat hubungan seperti nama, tarikh lahir, dokumen-dokumen sokongan identiti (termasuk KP atau nombor

pasport), jantina, kewarganegaraan dan bangsa, bahasa yang dipilih, alamat peribadi dan/atau perniagaan semasa, alamat pemasangan, nombor telefon atau telefon bimbit, nombor faks, alamat emel

• maklumat kad kredit dan butiran akaun bank; • lokasi telefon bimbit anda (untuk memastikan titk sambungan rangkaian Maxis yang terdekat untuk membolehkan

sambungan kepada rangkaian kami untuk membuat panggilan dan/atau mengakses perkhidmatan internet mudah alih kami);

• status Produk dan/atau Perkhidmatan yang anda telah perolehi atau langgani dari kami; • bagaimana anda menggunakan Produk dan/atau Perkhidmatan (contohnya data trafik seperti nombor dan alamat-

alamat panggilan, SMS, MMS, emel dan komunikasi lain yang dibuat atau diterima oleh anda dan tarikh, tempoh, masa dan kos komunikasi tersebut);

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• jumlah data yang telah diterima dan/atau dihantar oleh anda; • peralatan yang anda gunakan apabila mengakses Produk dan/atau Perkhidmatan kami (contohnya telefon bimbit,

sistem komputer dan platform anda) untuk menyesuaikan perkhidmatan tersebut untuk anda; • minat dan kegemaran peribadi anda untuk membantu kami melaraskan tawaran Produk dan/atau Perkhidmatan kami

yang paling sesuai untuk anda; • data pelayaran (“clickstream data”) apabila anda melawat mana-mana laman web kami (contohnya laman-laman yang

anda akses dan Perkhidmatan dan/atau Produk yang anda layari) • rakaman imej anda melalui kamera-kamera CCTV apabila anda melawat cawangan-cawangan kami; • rakaman panggilan-panggilan yang dibuat oleh anda kepada meja bantuan kami untuk peningkatan dan

penambahbaikan perkhidmatan kami. 5. Bila dan Bagaimana Kami Mengumpul Maklumat Peribadi Anda? Kami mungkin mengumpul maklumat peribadi secara terus daripada anda apabila anda:- • berkomunikasi dengan kami (contohnya apabila anda serahkan borang permohonan untuk menjadi pelanggan kami,

atau apabila anda menghubungi kami untuk sebarang pertanyaan termasuk panggilan kepada perkhidmatan pelanggan kami)

• mendaftar untuk atau melanggan Produk dan/atau Perkhidmatan tertentu atau penerbitan kami (contohnya, risalah); • menggunakan rangkaian kami dan Produk dan/atau Perkhidmatan lain Kumpulan Maxis; • menyertai mana-mana kaji selidik kami; • memasuki atau menyertai mana-mana pertandingan atau program kesetiaan yang dianjurkan/dikendalikan oleh kami; • mendaftar minat dan/atau memohon maklumat mengenai (melalui portal dalam talian atau saluran-saluran lain kami)

atau melanggani Produk dan/atau Perkhidmatan kami; • menjawab apa-apa bahan pemasaran yang kami hantar keluar; • memulakan hubungan perniagaan dengan kami (contohnya, sebagai pembekal perkhidmatan/rakan perniagaan); • mengunjungi mana-mana pejabat kami; • melawat atau melayari laman-laman web kami; • membuat aduan kepada kami; • memberi maklum balas kepada kami (contohnya melalui laman web kami atau secara salinan bercetak). Selain daripada maklumat peribadi yang diperolehi secara terus daripada anda (seperti yang dinyatakan di atas), kami juga mungkin memperolehi maklumat peribadi anda daripada pihak-pihak ketiga yang berurusan dengan kami atau yang berkaitan dengan anda (agensi rujukan kredit atau institusi kewangan), dan daripada mana-mana sumber-sumber lain di mana anda telah memberi kebenaran kepada pendedahan maklumat berkaitan dengan anda, dan/atau di mana dibenarkan oleh undang-undang. 6. Bagaimana Kami Menggunakan Maklumat Peribadi Anda Kami mungkin mengumpul dan menggunakan maklumat peribadi daripada anda atau daripada kategori pihak-pihak ketiga yang dinyatakan dalam Penyataan Privasi ini, untuk satu atau lebih tujuan-tujuan berikut:- • untuk mengesahkan identity anda • untuk mengakses dan memproses permohonan/permintaan anda untuk Produk atau Perkhidmatan kami • untuk menyediakan anda dengan Produk dan/atau Perkhidmatan yang dipinta oleh anda • untuk mengendali dan mengurus Produk dan/atau Perkhidmatan yang kami sediakan anda (termasuk pengenaan

bayaran, pengebilan, kemudahan pembayaran dan memungut hutang) • untuk menyiasat dan menyelesaikan apa-apa isu perkhidmatan, pertanyaan mengenai bil, aduan atau pertanyaan-

pertanyaan lain yang anda beri kepada kami berkenaan rangkaian, Produk dan Perkhidmatan dengan pasukan perhubungan pelanggan kami

• untuk menilai dan/atau mengesahkan kelayakan kredit • untuk mengesan dan mencegah aktiviti penipuan • untuk menguruskan rangkaian kami • untuk sentiasa berhubung dengan anda dan menyediakan anda dengan maklumat yang dipinta • untuk memasuki transaksi perniagaan berkenaan dengan Produk dan/atau Perkhidmatan yang hendak ditawarkan dan

disediakan kepada anda • untuk menjalin dan menguruskan dengan lebih baik apa-apa perhubungan perniagaan yang kami mungkin ada dengan

anda • untuk memproses komunikasi yang anda hantar kepada kami (contohnya, menjawab pertanyaan dan menangani apa-

apa aduan dan maklum balas) • untuk membantu kami memantau dan memperbaiki prestasi rangkaian, Produk dan Perkhidmatan kami, pasukan

perhubungan pelanggan kami dan pembekal perkhidmatan dan Laman-Laman Web Kumpulan Maxis dan untuk menjadikannya lebih berkesan

• untuk menyenggara dan membina sistem dan infrastruktur perniagaan kami, termasuk pengujian dan penaikan taraf sistem-sistem tersebut

• untuk menguruskan latihan kakitangan dan jaminan kualiti • untuk memaklumkan anda mengenai manfaat dan perubahan kepada ciri-ciri Produk dan/atau Perkhidmatan kami

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• untuk memastikan cara kami dapat memperbaiki perkhidmatan kami kepada anda • untuk menghasilkan data, laporan dan statistik yang akan dianonim atau diagregatkan dengan cara yang tidak

mengenal pastikan anda sebagai individu • untuk menyiasat, membalas atau membela tuntutan yang dibuat terhadap atau melibatkan Kumpulan Maxis • untuk menjalankan aktiviti pemasaran (contohnya, kajian pemasaran) • untuk menyenggara rekod-rekod yang diperlukan untuk tujuan keselamatan, tuntutan atau tujuan undang-undang yang

lain • untuk mematuhi keperluan undang undang dan pengawalseliaan • untuk apa-apa tujuan lain yang diperlukan atau dibenarkan oleh apa-apa undang-undang, peraturan, garis panduan

dan/atau pihak-pihak pengawalselia berkuasa yang berkenaan 7. Pendedahan Maklumat Peribadi Anda Sebagai sebahagian dari penyediaan Produk dan/atau Perkhidmatan kami dan pengurusan dan/atau operasinya, kami mungkin diperlukan atau dikehendaki mendedahkan maklumat mengenai anda kepada pihak-pihak ketiga yang berikut: • agensi-agensi penguatkuasa undang-undang • agensi-agensi kerajaan • syarikat-syarikat dan/atau organisasi yang bertindak sebagai ejen, kontraktor, pembekal perkhidmatan dan/atau

penasihat profesional kami • syarikat-syarikat dan/atau organisasi yang membantu kami memproses dan/atau sebaliknya memenuhi transaksi dan

menyediakan anda dengan Produk dan/atau Perkhidmatan yang anda telah pohon atau langgani • rakan niaga kami dan pihak-pihak lain untuk tujuan-tujuan yang berkaitan dengan tujuan pengumpulan dan penggunaan

maklumat peribadi anda • pihak-pihak lain di mana anda telah memberikan kebenaran nyata atau tersirat tertakluk pada setiap masa kepada apa-apa undang-undang (termasuk peraturan, garis panduan dan/atau kewajipan) yang terpakai kepada Kumpulan Maxis. 8. Pemasaran Langsung Kami mungkin menggunakan maklumat peribadi anda untuk memberi anda maklumat mengenai perkhidmatan dan/atau produk kami atau pihak-pihak ketiga, yang mungkin menarik minat atau memanfaatkan anda, kecuali diminta atau dimaklumkan sebaliknya oleh anda. Dalam keadaan tertentu, kami mungkin mendedahkan maklumat peribadi anda kepada peniaga dan rakan niaga strategik terpilih kami. Namun demikian, sila maklum bahawa kami hanya akan mendedahkan maklumat peribadi anda kepada peniaga dan rakan niaga strategik terpilih kami di mana anda telah melanggani Perkhidmatan atau Produk tertentu yang memerlukan pendedahan tersebut dan/atau kebenaran anda telah diperolehi, tertakluk pada setiap masa kepada apa-apa undang-undang (termasuk peraturan, garis panduan dan/atau kewajipan) yang terpakai kepada Kumpulan Maxis. Kami mengambil langkah-langkah yang wajar untuk memastikan bahawa perjanjian-perjanjian kami dengan peniaga dan/atau rakan niaga strategik kami mengenakan kewajipan privasi dan kerahsiaan yang sewajarnya. Jika anda tidak ingin maklumat peribadi anda digunakan untuk tujuan pemasaran atau jika anda mengubah fikiran anda berkaitan dengan pilihan anda sebelum ini, sila hubungi kami di Pusat Privasi Maxis melalui butiran cara menghubungi kami yang dinyatakan di bawah. Arahan bertulis anda kepada kami yang terkini akan diguna pakai. 9. Bagaimana Jika Maklumat Peribadi Yang Diberi Anda Tidak Lengkap? Di mana dinyatakan (contohnya dalam borang pendaftaran/permohonan), anda diwajibkan memberi maklumat peribadi kepada kami untuk membolehkan kami memproses permohonan anda untuk Produk dan/atau Perkhidmatan kami. Jika anda enggan memberi maklumat peribadi yang diwajibkan tersebut, kami mungkin tidak dapat memproses permohonan anda atau menyediakan anda dengan Produk dan/atau Perkhidmatan kami . 10. Hak Anda Untuk Mengakses Dan Membetulkan Maklumat Peribadi Anda Kami boleh membantu anda untuk mengakses dan membetulkan maklumat peribadi anda yang dipegang oleh kami. Jika anda mahu mengakses maklumat peribadi anda yang dipegang oleh kami, atau jika anda berpendapat bahawa maklumat peribadi anda yang dipegang oleh kami tidak tepat, tidak lengkap, mengelirukan atau jika berkenaan, tidak terkini, anda boleh membuat permintaan kepada kami dengan menghubungi Pusat Privasi Maxis melalui butiran cara menghubungi kami yang dinyatakan di bawah. Anda harus menyatakan nama, alamat dan nombor telefon/akaun anda dan nyatakan dengan ringkas maklumat berkenaan yang mana anda ingin meminta sesalinan. Kami akan mengenakan fi pemprosesan untuk menampung kos pentadbiran pencarian untuk dan pembekalan akses kepada maklumat peribadi anda.

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Kami akan menggunakan usaha yang berpatutan sewajarnya untuk memenuhi permintaan anda untuk mengakses atau membetulkan maklumat peribadi anda dalam masa 21 hari dari tarikh kami menerima permintaan anda serta fi pemprosesan yang dikenakan. Sila maklum bahawa kami mungkin perlu menahan akses kepada maklumat peribadi anda dalam keadaan tertentu, contohnya apabila kami tidak dapat memastikan identiti anda atau di mana maklumat yang diminta bersifat komersial dan sulit, atau jika kami menerima permintaan berulang untuk maklumat yang sama. Namun demikian, kami akan memaklumkan anda akan sebab-sebab kenapa kami tidak dapat memenuhi permintaan anda. 11. Kewajipan Anda Anda bertanggungjawab memberikan maklumat yang tepat dan lengkap kepada kami mengenai diri anda dan mengenai mana-mana individu di mana anda membekalkan maklumat peribadi mereka kepada kami dan untuk mengemaskinikan maklumat peribadi tersebut jika dan apabila ia menjadi tidak betul atau tidak terkini dengan menghubungi Pusat Privasi Maxis melalui butir-butir untuk menghubungi kami yang dinyatakan di bawah. Kewajipan ini merupakan syarat bagi penyediaan Produk dan/atau Perkhidmatan kami kepada anda dan/atau individu-individu lain yang disahkan atau dibenarkan oleh anda atau organisasi/syarikat anda untuk menggunakan Produk dan/atau Perkhidmatan tersebut. Jika anda perlu memberi kami maklumat peribadi berkaitan dengan pihak-pihak ketiga (contohnya mengenai suami atau isteri atau anak-anak anda, atau di mana anda merupakan orang yang dilantik (dalam syarikat atau organisasi) untuk berurusan dengan kami, jika anda sedang memperolehi dan bertanggungjawab untuk perkhidmatan dan/atau produk yang mereka akan gunakan), anda mengesahkan bahawa anda telah (i) mendapatkan kebenaran mereka atau sebaliknya anda berhak memberi maklumat peribadi mereka kepada kami dan untuk kami menggunakan maklumat peribadi tersebut dengan sewajarnya, dan (ii) memberitahu mereka untuk membaca Penyataan Privasi ini di laman web kami di www.maxis.com.my/pdpa/ dan di mana-mana Pusat Perkhidmatan Maxis. 12. Urusan Dalam Talian Dengan Kumpulan Maxis “Cookies” Kami mengumpul maklumat mengenai penggunaan laman web kami oleh anda dari “cookies”. “Cookies” adalah paket-paket maklumat yang disimpan dalam computer anda yang membantu pelayaran laman web anda dengan menyesuaikan maklumat laman web kepada keperluan anda. Cookies dengan sendirinya tidak mengenal pasti pengguna individu, hanya computer yang digunakan. Anda tidak diwajibkan menerima cookies. Jika anda mempunyai kerisauan, anda boleh tetapkan komputer anda untuk sama ada menerima semua cookies, memaklumkan anda bila sesuatu cookie di isu, atau langsung tidak menerima cookies pada apa jua masa. Namun demikian, penolakan cookies mungkin akan menjejaskan penggunaan laman web kami kerana kami tidak akan dapat memperibadikan aspek-aspek penggunaan laman web oleh anda. Pautan Ke Laman Web Pihak-Pihak Ketiga Sila maklum bahawa Penyataan Privasi ini hanya terpakai di laman-laman web Kumpulan Maxis dan tidak terpakai kepada apa-apa laman web pihak-pihak ketiga yang anda mungkin akses dari laman-laman web kami. Untuk menentukan bagaimana mereka mengendali maklumat peribadi anda, anda harus memastikan bahawa anda membaca polisi privasi mereka masing-masing. 13. Pemindahan Maklumat Peribadi Anda Ke Luar Negara Ia mungkin perlu untuk kami memindahkan maklumat peribadi anda ke luar Malaysia jika mana-mana pembekal perkhidmatan atau rakan niaga strategik kami (“entiti luar negara") yang terlibat dalam penyediaan sebahagian Produk dan/atau Perkhidmatan Kumpulan Maxis berlokasi di negara-negara di luar Malaysia atau jika anda menggunakan Produk dan/atau Perkhidmatan dari negara selain daripada Malaysia (contohnya, perantauan antarabangsa). Anda bersetuju kepada pemindahan maklumat peribadi anda ke luar Malaysia dalam keadaan-keadaan tersebut. Kami akan mengambil langkah-langkah yang sewajarnya untuk memastikan bahawa mana-mana entiti luar negara tersebut diikat di bawah kontrak supaya tidak menggunakan maklumat peribadi anda untuk sebarang tujuan selain daripada penyediaan Produk dan/atau Perkhidmatan kepada anda yang mereka dikontrakkan oleh kami untuk menyediakan dan untuk melindungi dengan secukupnya maklumat peribadi anda. 14. Pengemaskinian Kepada Penyataan Privasi Kami Kami mungkin akan meminda Penyataan Privasi ini dari masa ke semasa dan versi terkini akan digunapakai dan menggantikan sebarang dan semua versi terdahulu, termasuk tetapi tidak terhad kepada versi di dalam risalah atau salinan bercetak. Sila semak laman web kami untuk maklumat mengenai amalan-amalan paling terkini kami. 15. Butir-butir Menghubungi Kami Jika anda mempunyai sebarang pertanyaan, kebimbangan atau aduan berkaitan dengan Penyataan Privasi ini, menghubungi kami di Pusat Privasi Maxis pada waktu pejabat (antara jam 9:00 pagi hingga 6:00 petang, pada hari Isnin hingga Jumaat dan dari jam 9:00 pagi hingga 1:00 petang, pada hari Sabtu ) di titik-titik hubungan yang berikut:

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Jawatan: Pegawai Data Privasi Telefon: 123 daripada telefon mudah alih Maxis anda/1800821123 atau 03-74922123 dari talian telefon yang lain No. Faks: 03-74922950 Emel: [email protected] Alamat: Kumpulan Maxis, P.O. Box 13222, 50802 Kuala Lumpur Versi terkini Penyataan Privasi ini boleh didapati di laman web kami di: www.maxis.com.my/pdpa Versi (“Version”): 20130214.01

PART C. TERMS OF USE Terms of Use – Access and Use of Maxis’ Website and Online Services Version 14Dec2015

*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 1.1 By viewing, accessing and using the Services, you agree to be bound by this Terms of use and the Maxis Group Privacy Statement (found at www.maxis.com.my/pdpa or www.hotlink .com.my/pdpa). 1.2 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 2.1 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: (a) 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; (b) 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; (c) you are solely responsible for all Content, products or services you transmit or make available via the Services or on

any website; (d) by using the Services, you may be exposed to third party Content, products or services that may be defamatory,

offensive, indecent, objectionable or illegal; (e) 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;

(f) 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;

(g) 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;

(h) you will not use the Services to transmit "junk mail", "spam", "chain letters", or unsolicited mass distribution of email, or for any commercial purposes.

(i) you will not use the Services to impersonate any other person or to create a false identity. (j) you will not develop restricted password-only access pages, or hidden pages or images (those not linked to or from

another accessible page). (k) you will notify Maxis immediately of any unauthorised use or any other breach of security. (l) 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. (m) 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.

(n) 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


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(i.e. port, stealth, security or penetration scans or other information gathering activity) on Maxis’ or its service providers’ servers or network;

(o) 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;

(p) 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.

(q) 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;

2.2 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; 2.3You 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 3.1 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. 3.2 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. 3.3 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. 3.4 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. 3.5 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. 3.6 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. 3.7 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. 3.8 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. 3.9 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. 3.10 Any violation of the Terms of Use warrants immediate termination of your use of the Services. 4. Copyright and Trademark Notice 4.1 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. 4.2 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. 4.3 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. 4.4 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 protected by copyright. All software used on the Services is the property of Maxis or its software suppliers and protected by copyright.

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5. Personal Information 5.1 You confirm that you have read and agree with the Maxis Group Privacy Statement set out in Maxis’ website at www.maxis.com.my/pdpa and www.hotlink.com/my/pdpa 6. Breach of Term, Termination and/or Suspension 6.1 Maxis reserves the rights to restrict, suspend or terminate your account or your access to the Services. 6.2 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. 6.3 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. 6.4 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. 6.5 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 7.1 We are committed to safeguarding your privacy online. We have taken steps to ensure that reasonable measures have been put in place to prevent unauthorised access, disclosures, loss or thefts of personally identifiable information collected and transmitted through the Services. 7.2 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. 7.3 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. 7.4 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. 7.5 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. 7.6 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 8.1 Notwithstanding anything to the contrary herein contained, Maxis and our respective personnel and/or suppliers will not be liable to you or any other party in contract, tort (including negligence ) or otherwise in respect of any claim brought by you or by any third party for any loss of profit or revenue or loss of business or loss of data or for interrupted or suspended communications or for any direct, indirect, special, incidental, consequential damages, punitive damages, or for any injury caused or suffered by a person or damage to property or any damages arising out of or in connection with the Services, 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. 8.2 By accessing and using the Services, you agree to waive and hold Maxis and our respective personnel and/or suppliers harmless from any claims relating to any action taken by 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. 8.3 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. 9. Disclaimer 9.1 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:


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(a) all warranties of safety, legality, merchantability, satisfaction, fitness for purpose, title, non-infringement and compatibility of the Services;

(b) the security, availability, accessibility, timeliness, error-free and uninterrupted use of the Services; (c) the truth and accuracy of the Content or subsequent modifications thereto; (d) the actions and omissions of users whether occurred on or outside the Services ; (e) any deletion, non-delivery or failure to store any user communications or personalised settings; (f) the inability to use the Services or inability to receive any messages received or transactions entered through the

Services; (g) the accuracy and reliability of results obtained from the use of the Services and that any errors in the software will be

corrected; (h) any implied warranty arising from the course of dealing or trade; and (i) any obligation, liability, right, claim in tort or otherwise whether or not arising from the negligence of Maxis. 9.2 To the full extent permitted by law, Maxis disclaim any and all such warranties. 9.3 In no event shall Maxis, their respective agents and representatives, suppliers, vendors or merchants who have a presence on the Services be liable to you or anyone else for any loss or injury or any direct, indirect, special, exemplary, consequential damages, or tortuous action, arising out of or in connection with your access, use of, or your inability to access or use the Services. 10. Indemnity 10.1 You agree to indemnify 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). 11. Assignment 11.1 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. 11.2 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. 11.3 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. 12. Notices 12.1 Any notices or consents to be given to you may be given in such manner as Maxis deems fit (including any electronic means) and will be deemed received if hand delivered or posted to your last known address or faxed to your last known fax number or sent to your electronic mail address. Any notices which you give to Maxis must be sent in writing to Consumer Biz, Level 22, Menara Maxis, Kuala Lumpur City Centre, 50088 Kuala Lumpur or to any other address as notified by us from time to time. Any notice to be given according to this Terms of Use will be deemed to be given:- (a) if sent by pre-paid registered post, on the second business day after the date of posting; (b) if by ordinary post, on the fifth business day after the date of posting; (c) if hand delivered, upon delivery; (d) 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 13.1 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. 14. General Terms 14.1 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 Maxis. However, if such conflict or inconsistency cannot be so resolved, the Maxis’ Agreement will prevail over this Terms of Use. 14.2 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. 14.3 No delay or indulgence by Maxis in enforcing any terms or conditions of this Terms of Use nor the granting of time by Maxis to you shall prejudice the rights or powers of Maxis nor shall any waiver by Maxis of any breach constitute a continuing waiver in respect of any subsequent or continuing breach. 14.4 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

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enforceable. 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. 14.5 You must also: (a) cease to utilize the Services or any part thereof for such period as may be required by Maxis. (b) not use the Services to cause embarrassment, distress, annoyance, irritation or nuisance to any person. (c) 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.

(d) 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:- a. 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.

b. Maxis refers to Maxis Maxis Broadband Sdn Bhd (Co. No.:234053-D), a company incorporated in Malaysia under the Companies Act, 1965 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.

c. 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.

d. Related Corporations means the related corporations as defined under the Companies Act, 1965. e. Services includes Maxis’ Website and/or Online Services. f. 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. g. Website means the Maxis Online Store website (www.store.maxis.com.my), Maxis’ website (www.maxis.com.my) and/or

Hotlink website (www.hotlink.com.my) and such other Maxis’ website, which is subject to change from time to time. h. You and Your refers to the person or entity accessing and using the Services.

http://www.store.maxis.com.my/

http://www.maxis.com.my/

http://www.hotlink.com.my/

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PART D. ORDERING FROM MAXIS ONLINE STORE

The information displayed on the Services, including prices, does not constitute an offer to contract or enter into an

agreement. When you send an order by means of the Services for products and/or services your order shall constitute an

offer for the goods, services and/or products selected. We shall send you an email confirming your order to the email

address supplied with your order. Acceptance of your order shall only take place when your credit card is debited or other

payment method is cleared; and your agreement to accept the relevant terms and conditions for the products and/or

services. Until then and upon completion of credit worthiness checks, Maxis and/or its Related Corporations reserves the

right to decline the order. No binding contract is created until your order has been accepted by Maxis and/or its Related

Corporations. Any contracts or agreements formed between you and us by means of the Services shall be governed and

construed according to the laws of Malaysia.

You shall be charged fees and charges in respect of the products and/or services that you have subscribed subject to the

billing and payment terms you have agreed to and entered into Maxis and/or its Related Corporations. You shall promptly

pay Maxis and/or its Related Corporations all the fees and charges and any other sums due or payable to Maxis and/or its

Related Corporation with respect to any of the products and/or services:

In accordance with Maxis and/or its Related Corporation’s billing and payment terms and without any set off,

counterclaim, deduction or withholding whatsoever;

In accordance with the terms imposed by the payment provider, where your transactions are by way of credit card

or other payment channels. You agree that Maxis and/or its Related Corporations shall in no way be responsible to

indemnify you and/or any party in the event of any disputed, non-consensual or unauthorized use of another’s credit

card. You agree to settle such disputes with the payment provider and/or such third party without Maxis’ and/or its

Related Corporation’s involvement in any way whatsoever.

Maxis and/or its Related Corporation has the right to reject any transactions and/or forfeit any refund at its discretion if there

are any suspicious and/or fraudulent attempts made by you and/or any party authorized by you.

Maxis and/or its Related Corporation may determine and impose and may, by providing 7 days' notice to you, vary or revise

fees and charges, payment terms and any prescribed rate from time to time and such variation or revision shall take effect

as from the date determined by Maxis and/or its Related Corporations.

You shall bear and pay all applicable taxes. If you are required under any law of any jurisdiction to deduct or withhold any

sum as taxes imposed on or in respect of any amount due or payable to Maxis and/or its Related Corporation, you shall

make such deduction or withholding as required and the amount payable to Maxis and/or its Related Corporation shall be

increased by any such amount necessary to ensure that Maxis and/or its Related Corporation receives a net amount equal

to the amount which Maxis and/or its related Corporation would have received in the absence of any such deduction or

withholding.

1. CANCELLATION

There shall be NO CANCELLATION once your order has been accepted by Maxis and/or its Related Corporation.

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2. DELIVERY & COLLECTION OF ORDER FROM MAXIS CENTRES AND/OR MAXIS EXCLUSIVE

PARTNERS

For efficient delivery or collection of order from Maxis Centres and/or Maxis Exclusive Partners, it is important that you

include accurate personal information as products and/or services ordered shall be delivered to the address you provide to

us or collected by you at the selected Maxis Centres and/or Maxis Exclusive Partners.

2.1 Delivery Information

Your order will be delivered by our appointed delivery agent. Delivery is available within Malaysia only.

2.2 Delivery Charges and Collection Charges

There will be no delivery charges for standard delivery, wherein standard delivery shall refer to the time of deliveries as

mentioned in clause 2.3 below. There will be no charges for collection of order from Maxis Centres and/or Maxis Exclusive

Partners.

2.3 Estimated Time of Delivery and collection of orders from Maxis Centres and/or Maxis Exclusive Partners

All package(s) will be received within the stipulated time frames (excluding Saturdays, Sundays and Public Holidays) as set

out below from the date of your confirmed order. The estimated time of delivery can be summarised as follows and in

accordance to Zones 1, 2 and 3 (as stipulated in the calendar for selection of delivery dates):

Zones/Location (West Malaysia) Time of Orders by Customers Time of delivery

Zone 1 Before 2pm Next day delivery

After 2pm Delivery on 2nd day

Zone 2 Before 2pm Delivery on 2nd day

After 2pm Delivery on 3rd day

Zone 3 Before 2pm Delivery on 3rd day

After 2pm Delivery on 4th day

Zones/Location (East Malaysia) Time of Orders by Customers Time of delivery

Zone 1 Before 2pm Delivery on 2nd day

After 2pm Delivery on 3rd day

Zone 2 Before 2pm Delivery on 3rd day


Zone 3 Before 2pm Delivery on 4th day


The collection of orders from Maxis Centres and/or Maxis Exclusive Partners will be subject to the standard operating hours

(excluding Public Holidays).

2.4 Order(s) Not Received After Estimated Delivery Date

You will be able to track your order status online via http://store.maxis.com.my for delivery within Malaysia.

If your order was not received within the estimated time frame, or if the said tracking information is not valid/untraceable,

please contact us at MOS customer service support at 1-800-822-888 to check the status of the delivery.

2.5 Undeliverable Order(s)

There are several reasons that we deem a package is undeliverable, as listed below:

(a) No Service Areas

If the postal code shows a non service area, then the order(s) will not be delivered. Maxis and/or its Related Corporations

will only provide service based on valid postal codes as well as postal codes within a service area.

(b) Incorrect Address

http://store.maxis.com.my/

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If the address you provide is incorrect or outdated, the order(s) will be returned to us. Do remember, Maxis and/or its

Related Corporation does not deliver to Post Office Boxes (P.O. Box).

(c) Restricted Areas

If the order(s) is being made to a restricted area such as an organisation or business premises, military base or any other

restricted areas, there may be delivery restrictions associated with the items or package, wherein the package(s) will be

returned to us if delivery fails.

(d) Reject by Recipient

If a recipient refuses to accept a package, the package will be returned to us. You will need to contact the Maxis Online

Store Customer Service at 1-800-822-888 to notify us of this rejection or refusal.

(e) Courier Mistakes

In rare cases, if the address label becomes illegible during shipping and handling process, the package(s) will be returned to

us.

2.6 Damage and Missing Item(s)

If upon receiving or collecting your order, there are any damage(s) to the package(s) or missing item(s) from your order, do

make a report by contacting the Maxis Online Store Customer Service at 1-800-822-888 or immediately inform the Maxis

customer support at the Maxis Centre and/or Maxis Exclusive Partner. You are reminded to keep all items, boxes, and

packaging material shipped exactly as you received it for inspection purposes. Our customer support will advise you of the

next step(s).

2.7 Item Availability

We take every measure to ensure that the products we offer are in stock. However, unforeseen circumstances may happen.

In the event products are 'Out-of-Stock', we will notify you via email and our customer support will advise you of the next

step(s).

2.8 Delivery Service Delay

In rare cases, there are unexpected service delays such as due to severe weather, natural disasters, transport accident,

unscheduled events and etc.

Please track your domestic carrier at http://store.maxis.com.my for status updates before contacting us.

2.9 Change of delivery address and date or order collection location and date

For delivery: Any change of delivery address and date can be performed by contacting Maxis Online Store Customer

Service at 1-800-822-888.

For collection: Maxis does not accept requests to:

(a) change order collection location and date;

(b) change from delivery to collection of order from Maxis Centres and/or Maxis Exclusive Partners;

(c) change from collection of order from Maxis Centres and/or Maxis Exclusive Partners to delivery.

2.10 Cooling off period for change of delivery address, date and time:

In the event you wish to change the delivery address and date, you must make the change request 24 hours before delivery

is made.

2.11 If our attempt to deliver the order to your delivery address fails more than twice, Maxis and/or its Related Corporations

will send a SMS and email to you to instruct you what to do next.

http://store.maxis.com.my/

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2.12. Subject to Clause 2.16 below, in the event that Maxis or its Related Corporation is not able to deliver your product to

you, Maxis and/or its Related Corporation will refund the credit card payment made.

2.13 You agree to produce your NRIC, passport or any other identification document for verification upon delivery of the

product to you in the presence of Maxis and/or its Related Corporation’s delivery agent.

2.14 We encourage you to inspect the package to verify that it is correct, complete with the necessary accessories (ONLY

where there are accessories provided) and is capable of its basic functionality. Kindly take note that the products are

subject to the manufacturer’s warranty and terms and conditions. If the package is delivered without the

necessary accessories (ONLY where there are accessories provided) or is incapable of carrying out its basic

functionality, you are advised not to accept the package or you are advised to contact our Maxis Online Store Customer

Service at 1-800-822-888 to report the defect within 24 hours from the time of receipt. Thereafter, once the products

are accepted, Maxis and/or its Related Corporation shall not be responsible for such defects and/or failure to function.

2.15 The product is covered under and subject to the terms of warranty from the relevant manufacturers or licensors except

for defects caused by your acts, omission, wilful misconduct or negligence. Should there be any manufacturing defects

with the product found within twenty four (24) hours from the date of receipt by you, you are required to contact Maxis

and/or its Related Corporation at 1-800-822-888 to get a replacement. A replacement shall only be given upon receipt

of the returned product to Maxis and/or its Related Corporation. Maxis and/or its Related Corporation shall not make

any replacement if the product is lost or damaged during courier.

2.16 You agree that there shall be no refund for your products in the event that Maxis and/or its Related Corporation is not

able to deliver your product to you, Maxis and/or its Related Corporation is not able to locate or communicate with you

(by means as provided herein) or the information disclosed by you is wrong or inaccurate. You agree that Maxis and/or

its Related Corporation shall not be responsible in any way for such failure.

3. TERMS & CONDITIONS APPLICABLE TO THIRD PARTY PRODUCTS & SERVICES

All third party products and services (“Third Party Services”) are deemed provided to you solely and independently by the

manufacturer or vendor (“Vendor”) and all queries, technical support requests, complaints and/or other issues arising out of

or in relation to the Third Party Services shall be forwarded to the Vendor or its Call Centre. Maxis and/or its Related

Corporation does not, in any manner, whether expressed or implied, endorse the Third Party Services and/or Vendor.

The Third Party Services are provided on an "AS IS" basis. Maxis and/or its Related Corporations, disclaim and exclude all

warranties (relating to the content, information, services relating to or in connection with the Third Party Services and/or as

provided by the Vendor including but not limited to, all warranties of merchantability, fitness for a particular purpose, title,

non-infringement, compatibility, security and accuracy) and all liability to the Customer 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 Customer's application, the Third Party Services and/or the Vendor).

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PART E. DEVICE CONTRACTS Version 14Dec2015

(I) Service Specific Terms & Conditions (“SSTC”) – iValue Plans for iPhone devices

General 1. The Offer: Maxis iValue Plans for iPhone device. 2. You: Person(s) signing up for the Maxis iValue Plans for iPhone device.

3. By accepting this Offer, you will enjoy an iPhone device at the price as set out in your summary of purchase.

4. The use of the Service(s) is subject to the General Terms & Conditions (“GTC”), Service Specific Terms & Conditions

(“SSTC”), Maxis Fair Usage Policy and any other applicable terms and conditions, all www.maxis.com.my/FUP and

www.maxis.com.my/tnc/personal

5. Capitalised terms herein have the same meaning as defined in the GTC.

6. Any conflict or inconsistency between this SSTC, the GTC and Summary Terms and Conditions (“STC”), shall be construed in the following order of precedence: (a) SSTC; (b) GTC; and (c) STC.

7. We reserve the rights without liability, to revise this SSTC, Offer and our pricing. Where reasonably practicable, we will give

you reasonable advance notice of such changes and all previous versions of our user guides or leaflets will be superseded.

You accept you are responsible for regularly reviewing information on the Plan(s) and Service(s) at www.maxis.com.my/tnc),

including changes to the Agreement. Your continued use of the Service(s) and/or Plan(s) (after the Effective Date of any

revision/change to the terms and conditions of Services and/or Plan(s)) shall constitute unconditional acceptance by you of

such revisions/changes and you shall be bound by the same. If you do not accept such revisions/changes, you will terminate

the Plan(s) and/or the use of the Services by giving us notice within 28 days from the Effective Date failing which you are

assumed to have accepted the changes.

Eligibility

8. A principal line must be registered in your name and be an active account under an individual postpaid rate plan offered by us, 9. You are ineligible for this Offer if you have any outstanding payments with us. 10. This Offer is inapplicable to you if you are a commercial user and/or bulk subscriber. Charges

11. The rate table guide for the iValue Plans for iPhone devices are as set out on our website at www.maxis.com.my. Rates displayed do not include all applicable taxes and GST.

12. You are responsible for payment of all Charges associated with the Offer. Deposit and Advance Payment

13. A deposit of RM500 is chargeable for non-Malaysians subscribing to the Offer. 14. Advance payments based on the iValue plan will be applicable as set out on our website at www.maxis.com.my. Minimum Period of Service(s) and Early Termination

15. This Offer is a twelve (12) month or twenty four (24) month contract commencing from the date of acceptance of these terms and conditions (“Date of Execution”). If applicable, with the acceptance of this Offer, any previous device contract you have contracted for with Maxis, shall be deemed terminated as at the Date of Execution.

16. You shall NOT during the Minimum Period of Service:

http://www.maxis.com.my/FUP

http://www.maxis.com.my/tnc/personal


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(a) terminate your Maxis mobile account or port out to another mobile service provider; (b) suspend your Maxis Mobile account; (c) have your Maxis mobile account terminated for non-payment of monthly bills; (d) change the individual postpaid rate plan you had registered for pursuant to the Offer, wherein, however, only an upgrade of a

rate plan by you may be allowed. (e) Change or transfer ownership of this Offer and Service(s). 17. If any of the events in clause 16 above occurs, you shall pay us an early termination charge as in clause 18 below. Payment of

the early termination charge is payable by you in addition to all monies owing to us up to the time of early termination. You will receive a final statement of account which is immediately due and payable by you.

18. Applicable early-termination charges are set out below:

For 12 months contract: You agree that Maxis has the right to impose an early termination charge you are responsible to pay

for if you terminate your 12-month contract before its expiry. The early termination charge is calculated based on [(Recommended Retail Price (RRP) – Upfront Cost) x (Remaining month(s) ÷ 12 months)] + RM 100 administration fee.

For 24 months contract: You agree that Maxis has the right to impose an early termination charge you are responsible to pay

for if you terminate your 24-month contract before its expiry. The early termination charge is calculated based on [(Recommended Retail Price (RRP) – Upfront Cost) x (Remaining month(s) ÷ 24 months)] + RM 100 administration fee.

iPhone Device

19. You shall be responsible for informing us of defective or faulty iPhone devices received by you. 20. We will not be responsible for replacing your iPhone device or any part thereof that is lost, stolen, damaged or defective. You

shall be responsible for the repair and maintenance of your iPhone device. Should a defect fall within the ambit of the manufacturer’s warranty, repairs shall be subject to the applicable warranty issued by the manufacturer, Apple. During the warranty period, you shall ensure you return to us the iPhone device for our further action or onward transmission to Apple. You accept and acknowledge that the iPhone device is subject to Apple’s standard warranty and we shall not be responsible and/or liable for any iPhone device with an ineligible warranty. We shall not be liable for any loss and/or damage whatsoever suffered by you and/or any other party.

Additional Features & Requirements

21. The Offer cannot be exchanged for cash and the handset is not returnable upon acceptance 22. We reserve the right to rescind any of the privileges of your rate plan in the event your line/account registered for this Offer is

not used with the iPhone device purchased. 23. Your device advance payment will be rebated into your bill based on your Offer. Your service line must be active for you to be

able to receive the device advance payment refund. Where your line is suspended, terminated or barred, you will not be entitled to receive the said advance payment refund.

Termination

24. Subject to our GTC, a principal line holder may at any time terminate the Plan(s) as follows: (a) by calling our customer care line at 1-800-82-1123 or dial 123 from your mobile; (b) by walking into our Maxis Centres listed on www.maxis.com.my; or (c) by writing in to [email protected]


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(II) Service Specific Terms & Conditions (“SSTC”) – Maxis Device Contract

General 1. The Offer: Participating Maxis Postpaid Rate Plan for a Maxis Device Contract 2. You: Person(s) signing up for the Offer. 3. By accepting this Offer, you will enjoy 1 device (“Device”) at the price stipulated for the particular device in your purchase

summary. 4. This Offer shall apply to these participating Maxis Postpaid Rate Plans: MaxisONE plans 98/128/158/188, SurfMore Plans, 5. The use of the Service(s) is subject to the General Terms & Conditions (“GTC”), Service Specific Terms & Conditions (“SSTC”),

Maxis Fair Usage Policy and any other applicable terms and conditions, all www.maxis.com.my/FUP and

www.maxis.com.my/tnc/personal

6. Capitalised terms herein have the same meaning as defined in the GTC.

7. Any conflict or inconsistency between this SSTC, the GTC and Summary Terms and Conditions (“STC”), shall be construed in the following order of precedence: (a) SSTC; (b) GTC; and (c) STC.

8. We reserve the rights without liability, to revise this SSTC, Offer and our pricing. Where reasonably practicable, we will give you reasonable advance notice of such changes and all previous versions of our user guides or leaflets will be superseded. You accept you are responsible for regularly reviewing information on the Plan(s) and Service(s) at www.maxis.com.my/tnc), including changes to the Agreement. Your continued use of the Service(s) and/or Plan(s) (after the Effective Date of any revision/change to the terms and conditions of Services and/or Plan(s)) shall constitute unconditional acceptance by you of such revisions/changes and you shall be bound by the same. If you do not accept such revisions/changes, you will terminate the Plan(s) and/or the use of the Services by giving us notice within 28 days from the Effective Date failing which you are assumed to have accepted the changes

Eligibility

9. A principal line must be registered in your name and be an active account under an individual postpaid rate plan offered by us, 10. You are ineligible for this Offer if you have any outstanding payments with us. 11. This Offer is inapplicable to you if you are a commercial user and/or bulk subscriber. Charges

12. The rate table guide for the rate plan under this Offer is as set out on our website at www.maxis.com.my. Rates displayed do not include all applicable taxes and GST.

13. 13. You are responsible for payment of all Charges associated with the Offer. Deposit and Advance Payment

14. A deposit of RM500 is chargeable for non-Malaysians subscribing to the Offer. 15. Advance payments based on the rate plan under this Offer is as set out on our website at www.maxis.com.my. Minimum Period of Service(s) and Early Termination

16. This Offer is twenty four (24) months contract, commencing from the date of acceptance of these terms and conditions (“Date of Execution”). If applicable, with the acceptance of this Offer, any previous device contract you had contracted for with Maxis, shall be deemed terminated as at the Date of Execution and you shall be subject to any early termination charges of such previous contract, if applicable.

17. You shall NOT during the Minimum Period of Service: (a) terminate your Maxis mobile account or port out to another mobile service provider; (b) suspend your Maxis mobile account;


http://www.maxis.com.my/tnc/personal


23


(c) have your Maxis mobile account terminated for non-payment of monthly bills; (d) change the rate plan you had registered for pursuant to the Offer. However, any upgrade of a rate plan by you is allowed; (e) Change or transfer ownership of this Offer and Service(s). 18. If any of the events in Clause 17 above occurs, you shall pay us an early termination charge as set out in clause 19 below.

Payment of the early termination charge is payable by you in addition to all monies owing to us up to the time of early termination. You will receive a final statement of account which is immediately due and payable by you.

19. Applicable early termination charges are set out below: For 24 months contract: You agree that Maxis has the right to impose an early termination charge you are responsible to pay

if you terminate your 24-months contract before its expiry. The early termination charge is calculated based on [(Recommended Retail Price (RRP) – Upfront Cost) x (Remaining month(s) ÷ 24 months)] + RM 100 administration fee.

20. If you terminate this Offer before the end of the Minimum Period of Service, you will have to pay both the early termination charge of your rate plan and your Mobile Internet Package as the case may be.

Device

21. We will not be responsible for replacing your Device or any part thereof that is lost, stolen, damaged or defective. You shall be responsible for the repair and maintenance of your Device. Should a defect or fault fall within the ambit of manufacturer’s warranty, repairs shall be subject to the applicable warranty issued by the Device manufacturer. You accept and acknowledge that the Devices are subject to the Device manufacturer’s standard warranty and we shall not be responsible and/or liable for any Devices and/or for any loss and/or damage whatsoever suffered by you and/or any other party.

Additional Features & Requirements

22. The Offer cannot be exchanged for cash and the Device is not returnable upon acceptance. 23. We reserve the rights to rescind any of the privileges of your rate plan in the event your line/account registered for this Offer is

not used with the Device purchased. 24. You may enjoy only (1) Offer for each principal line registered. 25. Your device advance payment will be rebated into your bill based on your Offer. Your service line must be active for you to be

able to receive the device advance payment refund. Where your line is suspended, terminated or barred, you will not be entitled to receive the said advance payment refund.

Termination

26. Subject to our GTC, a principal line holder may at any time terminate the Plan(s) as follows: (a) by calling our customer care line at 1-800-82-1123 or dial 123 from your mobile; (b) by walking into our Maxis Centres listed on www.maxis.com.my; or (c) by writing in to [email protected]


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PART F. ZEROLUTION CONTRACTS Version 10Aug2018

(I) Service Specific Terms & Conditions (“SSTC”) - MAXIS ZEROLUTION CONTRACT for iPhone Devices

General 1. The Offer: “Maxis Zerolution Monthly Plan” and “Maxis Zerolution Upgrade Plan” (collectively referred to as the “Maxis

Zerolution Plan”). The Offer cannot be exchanged for cash. 2. This Offer is not valid with any other offers and/or incentives, which have or may have been offered by Maxis under any other

offers from time to time. 3. You: Person(s) signing up for the Maxis Zerolution Plan for iPhone. You shall be responsible for payment of all charges

associated with the Offer and the principal line registered under you. 4. This Offer and use of the Service(s) is subject to the General Terms & Conditions (“GTC”), this Service Specific Terms &

Conditions (“SSTC”), Maxis Fair Usage Policy and any other applicable terms and conditions, all www.maxis.com.my/FUP and www.maxis.com.my/tnc/personal

5. Capitalised terms herein have the same meaning as defined in the GTC. 6. Any conflict or inconsistency between this SSTC, the GTC and Summary Terms and Conditions (“STC”), shall be construed in

the following order of precedence: (a) SSTC; (b) GTC; and (c) STC. 7. We reserve the rights without liability, to revise this SSTC, GTC, plan(s) and our pricing. Where reasonably practicable, we will

give you reasonable advance notice of such changes and all previous versions of our user guides or leaflets will be superseded. You accept you are responsible for regularly reviewing information on the Offer, plan(s) and Service(s) at www.maxis.com.my/tnc), including changes to the GTC and Agreement. Your continued use of the Service(s) and/or plan(s) (after the Effective Date of any revision/change to the terms and conditions of the Agreement, Services and/or plan(s)) shall constitute unconditional acceptance by you of such revisions/changes and you shall be bound by the same. If you do not accept such revisions/changes, you will terminate the plan(s) and/or the use of the Services by giving us notice within 28 days from the Effective Date failing which you are assumed to have accepted the changes.

Commitment Period

8. The Commitment Period of the Offer is twenty four (24) months from the date of acceptance of these terms and conditions (“Date of Execution”). If applicable, with the acceptance of this Offer, your previous phone/device offer contract is deemed terminated as at the Date of Execution and you shall be subject to any device remaining balance charge of the previous contract.

Eligibility

9. A principal line must be registered in your name and be an active account under an individual postpaid rate plan offered by us. 10. You are ineligible for this Offer if you have any outstanding payments with us 11. This Plan(s) is inapplicable to you if you are a commercial user and/or bulk subscriber. Maxis Zerolution Monthly Plan 12. By accepting this Offer: you will enjoy 1 iPhone device (“Device”) at the price as offered by us (“Maxis Zerolution Fee”)

13. You shall not, during the Commitment Period,: a. terminate your Maxis Zerolution Monthly Plan; b. terminate or suspend your Maxis mobile account or port out to another mobile service provider; c. have your Maxis mobile account terminated for non-payment of monthly bills;


25


d. change your rate plan to a rate plan that is not eligible under the Maxis Zerolution Monthly Plan; e. downgrade your applicable rate plan to a lower commitment value rate plan (from MaxisONEplan158/188 to a

MaxisONE plan 98/128) You may be charged a one-time downgrade fee of RM1,000. f. Change or transfer ownership of this Offer and Service(s)

14. You acknowledge, if any of the events in clause 13(a), (b), (c), (d) and/or (f) above occurs, you shall pay us the Device remaining balance charge as stipulated in clause 16 below. Payment of the Device remaining balance charge is without prejudice to the collection of all monies owing to us by you in accordance with your account up to the time of early termination. You will receive a final statement of account which will be due and payable by you to us immediately upon receipt. All outstanding amounts due and owing to us shall be subject to GST.

15. if you suspend your Maxis mobile account during the Commitment Period, the Maxis Zerolution Monthly Fee will continue to be charged to you.

16. You agree we have the right to impose the Device remaining balance charge, which you shall be responsible to pay if you decide to terminate before expiry of the Commitment Period. The Device remaining balance charge is calculated as follows: [(Recommended Retail Price (RRP) ÷ 24 months)] x Remaining month(s)].

17. You accept and acknowledge you will be liable for the Offer, Commitment Period, Device(s), payment and charges, these terms and conditions and the General Terms and Conditions.

Maxis Zerolution Upgrade Plan (“Upgrade Plan”)

18. You subscribe to the Upgrade Plan upon signing up for it. The Upgrade Plan requires you to pay a Zerolution Upgrade Fee upon signing up for the Maxis Zerolution Plan, to qualify for an upgrade.

19. By accepting this Offer: you will be entitled to upgrade to a new device based on your selection after 12 months of your Zerolution Monthly Plan and hereinafter be subjected to as the “Maxis Zerolution Upgrade Fee”).

20. In order to be eligible for the Upgrade Plan, you must: (a) pay the Maxis Zerolution Upgrade Fee upon signing up for a Maxis Zerolution Plan; (b) return your Device in “good working condition” as stipulated in the Device Return Guidelines below (for a device upgrade); (c) fulfil at least 12 months of your Maxis Zerolution Monthly Plan and Upgrade Plan in order for us to waive-off the remaining months of your “Maxis Zerolution Monthly Fee”; and (d) exercise the upgrade before the Commitment Period ends. If you do not exercise the upgrade offer within the Commitment Period, you will not be eligible to return your device and the Maxis Zerolution Upgrade Fee paid will be forfeited). 21. You shall not, during the Commitment Period,:

a. terminate your Maxis Zerolution Upgrade Plan; b. terminate or suspend your Maxis mobile account or port out to another mobile service provider; c. have your Maxis mobile account terminated for non-payment of monthly bills; d. change rate plan to a rate plan that is not eligible for Maxis Zerolution Monthly Plan; and/or e. Change or transfer ownership of this Offer and Service(s).

22. You acknowledge, if any of the events in clause 21 above occurs, this Offer will be revoked and you will no longer be eligible to return your iPhone and the Maxis Zerolution Upgrade Fee paid will be forfeited.

23. If you suspend your Maxis mobile account during the Commitment Period, the Maxis Zerolution Upgrade Fee will continue to be charged to you.

iPhone Warranty

24. We will not be responsible to replace the iPhone or any part thereof that is lost, stolen, damaged or defective (where such defect is not a manufacturer defect). You shall be responsible for the repair and maintenance of your iPhone. Repairs shall be subject to the applicable warranty issued by the manufacturer, Apple.

25. During the warranty period, you shall ensure you return to us the iPhone for our further action or onward transmission to Apple. You accept and acknowledge that the iPhone is subject to Apple’s standard warranty and we shall not be liable for any iPhone returned by you with ineligible warranty. We shall not be liable for any loss and/or damage whatsoever suffered by you and/or any other party.

26. If you terminate this Offer before expiry of the Commitment Period, you will have to pay the remaining Device balance charge including the GST applicable on such amount.

Device Return Guidelines

The Device Return Guidelines shall form an integral part of these terms and conditions. 27. You must make sure that the Device returned by you is in good working condition, particularly:

(a) You must ensure that all and any personal and confidential data/information has been cleared from the Device. (b) You must ensure the Device is able to be switched on and have access to your handset’s IMEI number by pressing *#06#

(the IMEI should match the original device purchased). (c) You must ensure that your Device functions normally, for example, that it is capable of making and receiving calls and

connecting to the internet and touchscreen functions as intended. (d) You must ensure your Device is free from physical damage, except for normal or light wear and tear (for example, it does

not have liquid damage, a cracked or discoloured screen or casing, connector damage or faulty or broken SIM reader). (e) You must ensure that all activation and device locking features have been disabled (e.g. Find My iPhone on iOS 7+

devices). (f) You must ensure your Device includes or comes with a fully functioning battery and that your SIM card has been removed. (g) You must ensure that your Device does not have any missing, disassembled, customised or non-original parts

28. In the event your Device falls under any of the categories below, you will need to pay an additional RM300 as damage fee: (a) Device is functional with heavy wear and tear but is capable of turning on/off, buttons fully functional, make/receive calls,

connect to Internet (b) Device has a cracked screen/casing, scratches, minor chips and dents, paint peeling.

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29. In the event your Device falls under any of the categories below, Maxis will not accept the Device and the Maxis Zerolution Upgrade Fee (which is the monthly amount where you subscribe to the Monthly Upgrade Plan, as per Clause 19 above) will be forfeited: (a) Device is one with heavy wear and tear and is not capable of being switched on or off. (b) Device is significantly damaged (cracked screen/casings, scratches, chips and dents, paint peeling, liquid damage, LCD

damage/bleeding and/or swollen battery). (c) Device not accompanied by its battery. (d) Device has missing parts. (e) Device has non-standard OEM parts. (f) Device is not functional (not capable of turning on/off, buttons are not fully functional, cannot make/receive calls and/or

cannot connect to the Internet). 30. You agree that we have the discretion to decide whether a Device can be accepted, accepted at an additional charge or not

accepted at all by us. Our decision is final and we will not entertain any queries or appeals.

(II) Service Specific Terms & Conditions (“SSTC”) - MAXIS ZEROLUTION CONTRACT for Devices

General

1. The Plan(s): "Maxis Zerolution Monthly Plan" (referred to as the "Maxis Zerolution Plan"). The Offer cannot be exchanged

for cash. 2. This Offer is not valid with any other offers and/or incentives, which have or may have been offered by Maxis under any other

offers from time to time. 3. You : Person(s) signing up for the Maxis Zerolution Plan. You shall be responsible for payment of all charges associated with

the Offer and the principal line registered under you. 4. The use of the Service(s) is subject to the postpaid Services Terms & Conditions ("Agreement"), this Service Specific Terms &

Conditions ("SSTC"), Maxis Fair Usage Policy and any other applicable terms and conditions, all www.maxis.com.my/FUP and www.maxis.com.my/tnc/personal

5. Capitalised terms herein have the same meaning as defined in the Agreement. 6. Any conflict or inconsistency between this SSTC and the Agreement, shall be construed in the following order of precedence:

(a) SSTC; and (b) Agreement. 7. We reserve the rights without liability, to revise this SSTC, Plan(s) and our pricing. Where reasonably practicable, we will give

you reasonable advance notice of such changes and all previous versions of our user guides or leaflets will be superseded. You accept you are responsible for regularly reviewing information on the Plan(s) and Service(s) at www.maxis.com.my/tnc, including changes to the Agreement. Your continued use of the Service(s) and/or Plan(s) (after the Effective Date of any revision/change to the terms and conditions of Services and/or Plan(s)) shall constitute unconditional acceptance by you of such revisions/changes and you shall be bound by the same. If you do not accept such revisions/changes, you will terminate the Plan(s) and/or the use of the Services by giving us notice within 28 days from the Effective Date failing which you are assumed to have accepted the changes.

Commitment Period:

8. The Commitment Period of the Offer is twenty four (24) months from the date of acceptance of these terms and conditions ("Date of Execution") . If applicable, with the acceptance of this Offer, your previous phone/device offer contract is deemed terminated as at the Date of Execution and you shall be subject to any device remaining balance charge of the previous contract.

Eligibility

9. A principal line must be registered in your name and be an active account under an individual postpaid rate plan offered by us. 10. You are ineligible for this Offer if you have any outstanding payments with us. 11. This Maxis Zerolution Plan(s) is inapplicable to you if you are a commercial user and/or bulk subscriber.

Maxis Zerolution Monthly Plan 12. By accepting this Offer: you will enjoy 1 device (“Device”) at the price as offered by us, which is exclusive of all applicable

taxes ("Maxis Zerolution Fee"). For all iPhone models, the amount set out in the table below (which will be refunded to you in

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your following bill) will be charged to your credit card. This amount is to be paid by you via easy payment plan (EPP) to your credit card’s bank.

13. You shall not, during the Commitment Period,:

a. terminate your Maxis Zerolution Monthly Plan; b. terminate or suspend your Maxis mobile account or port out to another mobile service provider; c. have your Maxis mobile account terminated for non-payment of monthly bills; d. downgrade below your entry Maxis Zerolution Plan. If you do downgrade to a lower Maxis Zerolution Plan, you will incur a Device remaining balance charge as stipulated in this SSTC. For more information on what the entry Maxis Zerolution Plan(s) are, please visit our website at www.maxis.com.my/tnc/personal e. other than the downgrade as per clause 13(d) above, where you change your rate plan to a rate plan that is not eligible under the Maxis Zerolution Monthly Plan. Eligible rate plans are variants of MaxisONE Plan 128, 158 or 188; f. Change or transfer ownership of this Offer and Service(s)

14. You acknowledge, if any of the events in clause 13(a), (b), (c), (d), (e) and/or (f) above occurs, you shall pay us the Device remaining balance charge as stipulated in clause 16 below. Payment of the Device remaining balance charge is without prejudice to the collection of all monies owing to us by you in accordance with your account up to the time of early termination. You will receive a final statement of account which will be due and payable by you to us immediately upon receipt. All outstanding amounts due and owing to us shall be subject to all applicable taxes.

15. If you suspend your Maxis mobile account during the Commitment Period, the Maxis Zerolution Monthly Fee will continue to be charged to you.

16. You agree we have the right to impose the Device remaining balance charge, which you shall be responsible to pay if you decide to terminate before expiry of the Commitment Period. The Device remaining balance charge is calculated as follows: [(Recommended Retail Price (RRP) ÷ 24 months)] x Remaining month(s)].

17. You agree we have the rights to block the IMEI of the Device if you are: a. suspected of fraud or found to have committed fraud; or b. after signing up to this Offer, you fail to make payment for a continuous period of three (3) months.

18. You accept and acknowledge you will be liable for the Offer, Commitment Period, Device(s), payment and charges, these terms and conditions and the General Terms and Conditions.

Device Warranty

19. We will not be responsible to replace the Device or any part thereof that is lost, stolen, damaged or defective (where such defect is not a manufacturer defect). You shall be responsible for the repair and maintenance of your Device. Repairs shall be subject to the applicable warranty issued by the manufacturer.

20. If you terminate this Offer before expiry of the Commitment Period, you will have to pay the remaining Device balance charge including all applicable taxes on such amount.

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(III) Service Specific Terms & Conditions ("SSTC") - MAXIS ZEROLUTION 360 CONTRACT for Devices

General 1. The Plan(s): Maxis Zerolution 360 (referred to as the "Zerolution 360"). The Offer cannot be exchanged for cash.

2. This Offer is not valid with any other offers and/or incentives, which have or may have been offered by Maxis under any other offers from time to time.

3. You: Person(s) signing up for Zerolution 360. You shall be responsible for payment of all charges associated with the Plan(s)

and the principal line registered under you. 4. The use of the Service(s) under the Plan(s) is subject to the postpaid General Terms & Conditions of Service(s)

("Agreement"), this Service Specific Terms & Conditions ("SSTC"), Maxis Fair Usage Policy and any other applicable terms

and conditions, all found at: www.maxis.com.my/FUP and www.maxis.com.my/tnc/personal 5. Capitalised terms herein have the same meaning as defined in the Agreement. 6. Any conflict or inconsistency between this SSTC and the Agreement, shall be construed in the following order of precedence:

(a) SSTC; and (b) Agreement. Further, the MaxisONE plan under the Plan is subject to SSTC – MaxisONEplan (http://www.maxis.com.my/en/tnc/personal-tnc/maxisone-tnc.html). For clarity, if there is any conflict or inconsistency between this SSTC and the SSTC – MaxisONEplan, this SSTC shall take precedence.

7. We reserve the rights without liability, to revise this SSTC, Plan(s) and our pricing. Where reasonably practicable, we will give you reasonable advance notice of such changes and all previous versions of our user guides or leaflets will be superseded. You accept you are responsible for regularly reviewing information on the Plan(s) and Service(s) at www.maxis.com.my/tnc, including changes to the Agreement. Your continued use of the Service(s) and/or Plan(s) (after the Effective Date of any revision/change to the terms and conditions of Services and/or Plan(s)) shall constitute unconditional acceptance by you of such revisions/changes and you shall be bound by the same. If you do not accept such revisions/changes, you will terminate the Plan(s) and/or the use of the Services by giving us notice within 28 days from the Effective Date failing which you are assumed to have accepted the changes.

Commitment Period

8. The minimum Commitment Period of the Plan(s) is twenty four (24) months from the date of acceptance of these terms and conditions ("Date of Execution"). If applicable, with the acceptance of this Plan, your previous phone/device offer contract is

deemed terminated as at the Date of Execution and you shall be subject to any device remaining balance charge of the previous contract.

9. After the Commitment Period has expired, you are entitled to either: (a) continue your use of the Device under Zerolution 360 ; or (b) choose to return the Device to us, in good working condition, without paying any charges.

Eligibility

10. A principal line must be registered in your name and be an active account under an individual postpaid rate plan (MaxisONE Plan 128 and above) offered by us. Any cancellation of your MaxisONE Plan will result in the termination of your Zerolution 360 subscription and a penalty charge.

11. You are ineligible for this Plan if you have any outstanding payments with us. 12. Zerolution 360 is inapplicable to you if you are a commercial user and/or bulk subscriber. 13. You are only eligible to subscribe for (1) Zerolution 360 subscription per NRIC.

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Maxis Zerolution 360 14. By accepting this offer: you will enjoy the usage of 1 device (“Device”) at the price as offered by us, which is exclusive of all

applicable taxes ("Zerolution 360 Fee").

15. You shall not, during the Commitment Period,: g. terminate your subscription to Zerolution 360; h. terminate or suspend your Maxis mobile account or port out to another mobile service provider; i. have your Maxis mobile account terminated for non-payment of monthly bills; j. change your rate plan to a rate plan that is not eligible under the Plan. Eligible rate plans are variants of MaxisONE Plan

128, 158 or 188; k. change or transfer ownership of this Plan and Service(s); and/or l. cause any loss or damage to the Device.

16. You acknowledge, if any of the events in clause 15 above occurs, you shall pay us the Device remaining balance charge as stipulated in clause 18 and 19 below. Payment of the Device remaining balance charge is without prejudice to the collection of all monies owing to us by you in accordance with your account up to the time of early termination. You will receive a final statement of account which will be due and payable by you to us immediately upon receipt. All outstanding amounts due and owing to us shall be subject to all applicable taxes.

17. If you suspend your Maxis mobile account during the Commitment Period, the Zerolution 360 Fee will continue to be charged to you.

18. If you decide to terminate before the expiry of the Commitment Period, you shall be responsible to pay the Device remaining balance charge. The Device remaining balance charge is calculated as follows: [(Recommended Retail Price (RRP) ÷ 24 months)] x Remaining month(s)].

19. If you do not return the Device after termination and/or expiry of the Commitment Period, you shall be responsible to pay the following charges: Device remaining balance charge + an additional fee of 25% of the Device Recommended Retail Price (RRP) at the time of your subscription to the Plan(s) + additional administration charges.

20. You agree we have the rights to block the IMEI of the Device if you are: a. suspected of fraud or found to have committed fraud; or b. after signing up to this Offer, you fail to make payment for a continuous period of three (3) months.

21. You accept and acknowledge you will be liable for the Plan, Commitment Period, Device, payment and charges, these terms and conditions and the General Terms and Conditions.

22. You accept and acknowledge that the Device title and ownership does not belong to you. The Device is provided under this Plan to you and you are accountable for the use and safety of the Device. Nothing in this SSTC shall be construed as transferring the title or ownership of the Device to you. You shall not directly or indirectly give or allow another person to give any interest in or lien over the Device. You shall promptly, at your own costs and expenses, take all such actions as may be necessary to duly discharge or eliminate any such liens upon obtaining actual knowledge thereof.

Zerolution 360 Upgrade Plan (“Upgrade Plan”)

23. Upon subscribing to the Plan(s) and subject to clause 25 below, you are entitled to upgrade to a new Device. 24. When you choose to exercise your upgrade under the Upgrade Plan, you will be charged an Upgrade Fee which is

dependent on the time period upon which you upgrade. 25. In order to be eligible for the Upgrade Plan, you must:

a. fulfil at least 12 months of Plan(s) in order for us to waive-off the remaining months of your Zerolution 360 Fee; and b. return your Device in “good working condition” as stipulated in the Device Return Guidelines (for a device upgrade); and c. pay the Upgrade Fee upon signing up for the Upgrade Plan.

26. Once you exercise your right to upgrade your Device under this Upgrade Plan, your minimum Commitment Period of twenty four (24) months restarts from the date of upgrade.

27. You shall not, during the Commitment Period,: a. terminate your Upgrade Plan; b. terminate or suspend your Maxis mobile account or port out to another mobile service provider; c. have your Maxis mobile account terminated for non-payment of monthly bills; d. change rate plan to a rate plan that is not eligible under the Plan(s); and/or e. Change or transfer ownership of this Offer and Service(s).

Zerolution 360 Device Protection

The Zerolution 360 Device Protection services shall be provided by Brightstar Distribution Sdn Bhd and Brighstar Supply Chain Services (collectively referred to as “Brightstar”) and shall be subject to Brightstar’s terms and conditions which can be found at

www.maxis.com.my/en/tnc/personal-tnc/maxis-zerolution360-tnc Upon signing up for the Plan(s), you will automatically be enrolled in the Zerolution 360 Device Protection Basic Plan (“Basic Plan”). You can choose to enroll in the Zerolution 360 Device Protection Premium Plan (“Premium Plan”) by paying an additional fee. Once you have enrolled in either the Basic Plan or the Premium Plan, you will not be eligible to enroll in a different Device Protection service. Device Warranty

28. You may contact Brightstar at 1800-886-888, for the repair and maintenance of your Device or any part thereof. 29. Any repair and maintenance of your Device or any part thereof shall be treated as a Service Request under the Zerolution

360 Device Protection.

Documents

WEBSITE, SERVICES AND THE MAXIS ONLINE …...Bhd, Maxis International Sdn Bhd and Maxis Communications Berhad (collectively referred to as “Maxis Group”, “us” or “we”)