Terms & Conditions

The Service is brought to you by Maxis Mobile Services Sdn Bhd 198101007199 (73315-V) (“MMSSB”) and provided to you subject to the Terms and Conditions. You acknowledge that you have read and fully understood all the Terms and Conditions. Your use of the Service, upon activation, constitutes unconditional acceptance to be bound by all the Terms and Conditions as may be amended from time to time. You must ensure that any person you allow to use the Service complies with the Terms and Conditions.

1. 1. The following terms are defined in the user guide: "Active Period" and "Deactive Period";
      
   2. "Account" means the account maintained on your behalf by us which records the unused portion of call credits purchased by you from MMSSB.
      
   3. "Donor Network Operator" means a mobile service provider from which a Mobile Number has been or is to be ported out.
      
   4. "Mobile Number" means Mobile Station International Subscriber Directory Number (MSISDN).
      
   5. "Mobile Number Portability" means the ability for Customers to change from one mobile service provider to another and retain their Mobile Number.
      
   6. "Port" or "Porting" means the transfer of Customer's Mobile Number from one mobile service provider to another.
      
   7. "Recipient Network Operator" means a mobile service provider to which a Mobile Number has been or is to be ported in.
      
   8. "Related Corporations" means the related corporations as defined under the Companies Act, 1965 and include their respective employees and directors.
      
   9. "Service(s)" mean the prepaid mobile services and all related value added, supplemental or additional Services to be provided by us to you from time to time;
      
   10. "SIM Card" means either a card or plug-in module with a microchip which contains all your necessary information. The SIM Card has to be inserted into the mobile phone in order for a call to be made;
       
   11. "SKMM" means the Suruhanjaya Komunikasi dan Multimedia Malaysia (SKMM), also known as Malaysian Communications and Multimedia Commission, established under the Malaysian Communications and Multimedia Commission Act 1998.
       
   12. "Starter Kit" means the pack sold by MMSSB containing the SIM Card (with an initial value of call credit), a user guide and these terms and conditions;
       
   13. "Terms and Conditions" means these terms and conditions and the terms of services, policies and procedures in the Starter Kit, user guide as may be varied or modified from time to time at MMSSB's sole discretion;
       
   14. "Top Up Ticket" means a prepaid voucher, whether in material form or otherwise, sold by us or any person on our behalf to you which carries unused call credits;
       
   15. "us" or "our" or "we" means MMSSB and its Related Corporations;
       
   16. "you" or "your" means you as the person to whom the SIM Card has been issued for the purpose of using the Service in accordance with the Terms and Conditions;
       

1. 1. You represent and confirm that you are eighteen years of age, and that you are competent to enter into the Terms and Conditions for the Service.
      
   2. You must use the Service in accordance with the Terms and Conditions and ensure that any person you allow to use the Service complies with the Terms and Conditions.

1. To the extent permitted by law, the Services are provided on an "as is" and "as available" basis and we shall not be liable for and makes no express or implied representation or warranties of any kind in relation to the Services including but not limited to:
   
   1. availability, accessibility, timeliness and uninterrupted use of the Services;
      
   2. sequence, accuracy, completeness, timeliness or the security of any data or information transmitted or received by you in connection with the Services.
      

You must satisfy yourself as to the adequacy of coverage from your own inquiries.

4. During the Active Period, you may use the Service up to the value of the call credit in your Account and your Account will be maintained until the Expiry Date. The validity period of the call credit in your Account varies depending on the value of the Top Up Ticket purchased.
   

1. 1. You must top up your Account before the expiry of the Credit Grace Period, otherwise your Account will be terminated and your balance call credit forfeited. In such a circumstances, your mobile number will be withdrawn with immediate effect without prior written notice from MMSSB. You will then have to purchase a new Starter Kit to access the Service.
      
   2. MMSSB shall not be liable to reimburse you the forfeited call credit or for any damages, cost, loss or expenses suffered as a result of the termination of your Account or Service.
      
2.  

6. MMSSB will deduct from your Account, an amount equal to the value of the Service accessed by you from time to time at rates stipulated in the user guide and/or as may be imposed at our absolute discretion.
   

1. 1. The SIM Card remains, at all times, our exclusive property and you shall not transfer the SIM Card to any other person without our prior written consent.
      
   2. You shall ensure that the SIM Card is lawfully owned/possessed and that such ownership/possession is not in contravention of any laws or regulations of Malaysia.
      
   3. We will not be under any obligation to replace or compensate you for your lost, stolen, damaged, faulty or cloned SIM Card and/or for any unused call credit balance. If we choose to replace your SIM Card, you may be charged for such replacement in the amount as may be determined by us at any time. You acknowledge and are aware that there is no warranty for the SIM Card.
      

8. You shall use all precautions to prevent the loss, theft, unauthorized use and/or cloning of the SIM Card. In the event of loss, theft, unauthorized use and/or cloning of the SIM Card, you shall immediately notify us. You shall remain liable for all charges and costs incurred in relation to the SIM Card including all costs associated with its unauthorized use.
   

1. Mobile Number Portability/MNP
   
   1. You acknowledge and accept that: -
      
      • the Mobile Numbers requested for Porting by you must be in the range of Mobile Numbers as approved by SKMM from time to time;
        
      • Mobile Number Porting is subject to existing geographic numbering requirements; and
        
      • only active Mobile Numbers are eligible for Porting. Mobile Numbers which have been suspended, terminated, blacklisted on the defaulters database and/or barred shall not be eligible for Porting.
        
      • MMSSB may, upon receipt of a Port request from you, notify you by way of SMS the progress of your Port request
        
   2. You are allowed to Port from prepaid Services to postpaid Services and vice versa. However, you hereby agree and accept that all Porting requests are subject to the respective MMSSB existing terms and conditions for new registration.
      
   3. You acknowledge and accept that for Porting of a prepaid Mobile Number, any balance of credit you had with the DNO shall be forfeited. MMSSB shall be not be liable and/or responsible to you or any third party authorised by or claiming through you for such forfeiture of any balance of credit.
      
   4. You expressly consent, acknowledge and agree that your request to MMSSB to Port your Mobile Number represents a notice to terminate your subscription with the DNO. MMSSB shall not be held responsible or liable for any unsuccessful termination of your subscription with the DNO and resulting failure to Port with MMSSB.
      
   5. In the event of a Port to MMSSB, or Port withdrawal or Port reversal to the DNO, MMSSB: -
      
      • is not responsible for any period of outage of your mobile service or any related ancillary services;
        
      • is not liable to you or any person third party authorised by or claiming through you for any damage, loss, costs or expenses or other liability in contract or tort or otherwise direct or indirect, for or in relation to the Port, or Port withdrawal or Port reversal, for any reason whatsoever;
        
      • will not refund the Porting fee.
2.  

10. Acceptance of these Terms and Conditions will only be effective upon activation of the Ported number by MMSSB.
    
11. In addition to clauses 11 and 12 of these Terms and Conditions, you expressly authorise MMSSB to provide information regarding your Mobile Number to be disclosed to other telecommunication service providers to enable the transfer of your Mobile Number from one telecommunication service provider to another. You acknowledge and accept that any fees paid for Porting are non refundable. Call credits and/or any balance of call credits in your Account are not redeemable for cash.
    1. You shall, as required by law, register your details with us upon purchase of the Starter Kit. If you fail to register or the Service is not activated by you, by the expiry date printed on the Starter Kit, the Starter Kit will be deactivated. Further, if you fail to register, MMSSB will terminate the Account as permitted/required by law, regulation, statute and/or any provisions imposed by any regulatory body or authorities. You acknowledge and hereby expressly consent that MMSSB's and/or its Related Corporations may collect, use, disclose and otherwise process your Personal Information/Personal Data as set out in the Maxis Privacy Statement. The current version of the Maxis Privacy Statement is available at www.maxis.com.my/pdpa or www.hotlink.com.my/pdpa and at all Maxis Service Centres. MMSSB and/or its Related Corporations may update the Maxis Privacy Statement from time to time. When it changes the Maxis Privacy Statement in a material way, it will post notice of this at http://store.maxis.com.my, www.maxis.com.my/pdpa or www.hotlink.com.my/pdpa. You agree that by continuing to use the Service(s) and/or products after such changes, you agree to be bound to, accept and/or consent to such revisions and/or modification of the Maxis Privacy Statement. "Personal Information"/"Personal Data" includes the information collected from you required for purposes of applying and registering for the Services offered to you by MMSSB including but not limited to the call data records or reports related thereto, including any sensitive personal data and expression of opinion(s) about you.
       
    2. You acknowledge and accept that the terms and conditions of the Maxis Privacy Statement shall form an integral part of these terms and conditions of Service(s).
       
    3. You are responsible for updating your Personal Information/Personal Data with MMSSB.
       
    4. In the event you transfer the Account to another person, you shall duly inform MMSSB of the same and are responsible to ensure that the person you transfer the Account to registers for the Service.
       

1. In addition and without derogation to Clause 11, you further expressly consent that we may use and/or disclose the Personal Information, in accordance with our Privacy Statement available on our website at www.maxis.com.my, to:-
   
   1. our shareholders, Related Corporations and affiliated companies for purposes of providing any goods or services to you;
      
   2. our agents, contractors, business partners or associates for provision of the Service to you, for marketing programs or for provision of any goods or services to you;
      
   3. regulatory bodies or other authorities in compliance with requirements under law or towards the detection or prevention of crime and/or fraud;
      
   4. any party involved in or related to a legal proceeding for purposes in connection with the legal proceedings;
      
   5. other service providers or to parties nominated by us either solely or jointly with other service providers, for purposes of establishing and maintaining a common database of customers; and/or
      
   6. to our professional advisors on a need to know basis.
      
2.  

13. Except for the circumstances in Clauses 11 and 12 and except as permitted or required under any enactment, law, statute, code or by any relevant authorities, we will not disclose the Personal Information without notification to you.
    
14. We may from time to time and at our absolute discretion and without prior notice change, alter, add or modify the Service. We shall not be liable for any loss or inconvenience to you resulting therefrom.
    

1. We, our officers, employees and agents including our Related Corporations shall not be liable to you or any third party authorized by or claiming through you for any loss or damage, whether direct, indirect, special or consequential, or for loss of business, revenue or profits or of any nature suffered by you or any person authorized by you, or any injury caused to or suffered by a person or damage to property arising from or occasioned by:-
   
   1. the use or inability to use by you or any persons authorized by you, of the Services or any part thereof;
      
   2. any malfunction, unauthorized use, cloning of or defect in the Services/ SIM Card or any part thereof for whatever reasons;
      
   3. any act, omission, error, default or delay by use, our officers, employees and agents and/or our Related Corporations in relation to the Services.
      

17. We shall not be liable for, and you agree to indemnify us against all claims, losses, liabilities, proceedings, demands, costs and expenses (including legal fees) which may result or which we may sustain in connection with or arising from the provision of the Services to you.
    
18. Without prejudice to the foregoing, in the event a court, arbitrator, tribunal or any other authority holds or finds us liable to you for any breach or default by us, you agree that the amount of damages payable by us to you shall not at any time exceed the sum of RM500.00 notwithstanding any order, decree or judgment to the contrary.

1. We shall be entitled at our absolute discretion to suspend or disconnect access to the Services without notice or compensation to you:
   
   1. if any technical failure occurs in the Services or the Related Corporations' network;
      
   2. while the Services are being upgraded, modified or maintained;
      
   3. if you breach any of these Terms and Conditions;
      
   4. if you do anything which may in our opinion, lead to the damage or injury to the Services or the Related Corporations network;
      
   5. if we are required to do so by law, statute, enactment, code or by any relevant authorities;
      
   6. if it is in our opinion that the Services or the Related Corporations network is or may be used fraudulently or for unlawful purpose.

We will endeavour to resume the Services as soon as possible if suspension or disconnection occurs for the reasons set out in Clause 19(i) and (ii) above. You shall be liable for all applicable charges during the period of interruption, suspension or loss of the Services or part thereof from any cause whatsoever.

20. Without limiting the generality of any provision in the Terms and Conditions, we shall not be liable for any failure to perform its obligations cause by an act of God, insurrection or civil disorder, military operations or terrorism, all emergencies, acts or omission of Government or any competent authority, industrial disputes of any kind, fire, lightning, explosion, flood, acts or omission of persons or bodies for whom we have no control over or any cause outside our reasonable control.
    
21. We may assign or novate all or part of these Terms and Conditions to any third party by notice to you without your prior consent. You shall not assign or novate any or all of your rights/obligations hereunder to any other person without our prior written consent.
    
22. The Terms and Conditions are subject to change, and the prevailing Terms and Conditions as updated on the official website shall apply and supercede any and all previous versions, including in any user guide or the terms and conditions in Starter Kit. You are responsible to regularly review information relating to the Services posted on our official website which may include changes to the Terms and Conditions. Your continued use of the Services after the effective date of any change to the Terms and Conditions shall constitute unconditional acceptance of such variations, additions or amendments by you and you will be bound by the same. If you do not accept such changes, you shall be entitled to terminate the use of the Services.
    
23. Your use of the Service means that you agree to indemnify and keep indemnified us and our officers, employees and agents against any loss, damage, liability or expenses arising from any claims for libel, invasion of privacy, infringement of copyright, patent, breach of confidence or privilege or breach of any law or regulation whatsoever arising from the material transmitted, received or stored via the Services or part thereof and from all other claims arising out of any act or omission by you or any unauthorized use or exploitation of the Service or part thereof.
    
24. You are responsible for all taxes, levies or duties, if applicable, in relation to the Services. You shall reimburse us on demand for any such expenses, which we are obliged to pay on your behalf.
    
25. You shall not use any information or content or any parts thereof (whether in its original or adapted form) received as part of the Service, for purposes of creation of any commercial products, whether tradable or otherwise including but not limited to, any derivative products whether for your own purposes or for the purposes of any third party.
    

26. You shall not disseminate or provide to any third party:-
    
    1. Bursa Malaysia Securities Berhad ("Bursa Malaysia") information or any part thereof (whether in its original or adapted form) received as part of the Service; or
       
    2. Any other information or content (whether in its original or adapted form) received as part of the Service, of which we shall inform you from time to time.
       
    3. You must also:
       
       1. cease to utilize the Services or any part thereof for such period as may be required by us.
          
       2. ensure that the Service is used solely for the reception and transmission of message (including without limitation picture, data and audio files) and other telecommunications by you or other persons using your mobile phone.
          
       3. not use the Service to cause embarrassment, distress, annoyance, irritation or nuisance to any person.
          
       4. comply with all notices or directions relating to your use of the Service and your SIM Card as we may see fit to issue from time to time or if we have reason or cause to suspect that you are not complying with your responsibilities and obligations under these Terms and Conditions.
          
       5. be fully responsible for any voice or data transmitted or broadcasted by you or persons using your mobile phone (whether authorised by you or not).
          
       6. at all times keep the personal identification number (PIN) of your SIM Card confidential and not release the PIN to any person.
          
       7. not wholesale or resell the Service on our behalf.
          
       8. not make or receive calls or send or receive content using the Service other than for your own personal use.
          
       9. not sell any products or services using our network or the Service.
          
       10. not use the Service in connection with a device that switches or reroutes calls to our or from our network.
           
    4. If any of these provisions should be invalid, illegal or unenforceable under any applicable law, the legality and enforceability of the remaining provisions shall not be affected or impaired in any way and such invalid, illegal or unenforceable provision shall be deemed deleted.
       
    5. No delay or indulgence by us in enforcing any term or condition of these Terms and Conditions nor the granting of time by us to you shall prejudice our rights or powers nor shall any waiver by us of any breach constitute a continuing waiver in respect of any subsequent or continuing breach.
       
    6. Those clauses which by their nature would survive the termination of the Service and/or Terms and Conditions shall survive, including without limitation Clauses 3, 15, 16 and 32.
       
    7. These Terms and Conditions shall have effect only to the extent not forbidden by law. For the avoidance of doubt, it is hereby agreed and declared in particular, but without limitation, that nothing herein shall be construed as an attempt to contract out of any provisions of the Consumer Protection Act 1999, if and where the said Act is applicable.
       
       • These Terms and Conditions shall be governed by and construed in accordance with the laws of Malaysia, excluding its conflict of law rules. Parties agree to submit to the exclusive jurisdiction of the Malaysian courts.
         
       • Where any claims, proceedings, actions, suits or disputes arising or in connection with these Terms and Conditions is to be commenced or adjudicated in the High Court of Malaya, the parties agree that it shall be adjudicated in the High Court in Kuala Lumpur or Putrajaya, Malaysia, as the case may be.
         
       • All notices, requests and/or other communications to be given by MMSSB to you under these Terms and Conditions will be published in the official website (www.hotlink.com.my) and/or published in national newspapers in the main languages, published daily and circulating generally throughout Malaysia.
         
       • All notices, requests and/or other communications to be given by you to us under these Terms and Conditions must be in writing and sent to the following address: Maxis Mobile Services Sdn Bhd (formerly known as Malaysian Mobile Services Sdn Bhd), Level 18, Menara Maxis, Kuala Lumpur City Centre 50088 Kuala Lumpur. Fax 03-2330 0008.
         
       • All notices, requests and/or other communications given by us to you pursuant to this clause shall be deemed to have been served if:
         
         1. published in the official website (www.hotlink.com.my); or
            
         2. published in national newspapers in the main languages, published daily and circulating generally throughout Malaysia.
            
    8. No rule of construction or interpretation shall apply to prejudice the interest of the party preparing these Terms and Conditions.
       
    9. In the interpretation of these Terms and Conditions, the singular shall include the plural and vice versa, words importing a gender will include other genders and, where you are more than one person, your obligations and liabilities will bind each person jointly and severally.
       
    10. In the event of conflict or inconsistency among the contents in the user guide, the terms and conditions in the Starter Kit and these terms and conditions, such inconsistency shall be resolved by giving precedence in the following order: these terms and conditions, terms and conditions in the Starter Kit, the user guide.
        
    11. The Terms and Conditions herein and the Further Terms and Conditions Governing the Hotlink Plan constitutes the entire agreement between the parties concerning the subject matter herein and supersedes all previous terms and conditions, understanding, representations and warranties relating to that subject matter.