| Terms and Conditions | ||
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MMSSB provides the MMStore Services (the "Services" as hereinafter defined) to you, subject to the following terms and conditions (hereinafter referred to as "Terms and Conditions") which may be updated by MMSSB from time to time. The current version of the Terms and Conditions can be viewed at any time at http://www.maxis.com.my/mms (herein referred to as "Site" and the references to this Site include the Services). This material,
and all other material reached through highlighted words or phrases (known
as "hypertext links") and information found in the registration
process, are hereby incorporated by reference into and constitute part
of the Terms and Conditions. Please be sure to click on the highlighted
hypertext links to view the additional terms and conditions for the use
of the website. ACCEPTANCE OF TERMS THROUGH USE By accessing and using this Site, you accept without limitation or qualification, all of the Terms and Conditions of this Site, which take effect on the date, which you first access and use this Site. If these Terms and Conditions are not accepted in full, the use of this Site must be terminated immediately. MMSSB and/or its Related Corporation reserves the right to change the Terms and Conditions at any time by posting changes online without prior notice. You are responsible for reviewing regularly information posted online to obtain timely notice of such changes. Your continued use of this Site following the posting of any changes to the Terms and Conditions constitutes acceptance of those changes. If you do not agree to the Terms and Conditions please DO NOT use this Site.
MMStore is a platform that allows all MMSSB multimedia messaging service ("MMS") users to create, download and send picture messages to another MMSSB subscriber using a MMS enabled phone. Non-MMS phone users can also use the MMStore to send and receive Picture messages via MMS. This service is currently free of charge although the prevailing standard charge and content download fee shall apply. You agree to be solely responsible for the contents of your transmissions to or through this Site. You agree to use this Site only for lawful purposes, and in a manner which does not infringe the rights of, or restrict or inhibit the use and enjoyment of this Site by any third party. Such restriction or inhibition includes, without limitation, conduct that is unlawful, or which may harass or cause distress or inconvenience to any person, the transmission of obscene or offensive content or of defamatory, racially or ethnically objectionable material of any kind or disruption of normal flow of dialogue within this Site. You will be responsible for and indemnify and hold harmless MMSSB and/or its Related Corporations, and their respective agents and representatives against any claim arising from any material that you post or transmit. You agree not to transmit any unlawful, harassing, libelous privacy invading, sexually and/or racially offensive, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind. You agree not to transmit "junk mail", "spam", "chain letters", or unsolicited mass distribution of email, or to use this Site for any commercial purposes. You agree not to transmit any material that contain software viruses or any other computer code, files or programs design to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunication equipment. You agree not to forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the service or develop restricted password-only access pages, or hidden pages or images (those not linked to or from another accessible page). You agree not to impersonate any other person. Any violation of the Terms and Conditions warrants immediate termination of the use of this Site. You hereby agree that MMSSB and/or its Related Corporations merely facilitates this Site for you to send multimedia messages and does not expressly or impliedly endorse, authorise or sponsor the messages sent by you. You hereby release MMSSB and/or its Related Corporations from any liability, disputes, claims, demands and/or damages of any kind arising from or in any way connected to the use of this Site. You acknowledge that MMSSB and/or its Related Corporations does not pre-screen all messages, data, graphics, video, audio or other materials placed on this Site (herein referred to as the "Site Content") but that MMSSB, its Related Corporations and its respective designees shall have the right (but not obligation) in their absolute and unfettered discretion to refuse and/or remove any Site Content. You further agree to bear all risks in relation to this Site Content, including any reliance on its accuracy, completeness or usefulness. MMSSB and/or its Related Corporations will not disclose any information about any individual user except as permitted by the Terms and Conditions and for purposes of complying with applicable law or request or directive from any regulatory authority or governmental body or agency or other valid legal process or to protect the personal safety of our users or the public. In furtherance of the above, you agree to comply with Rules of Acceptable Use, which can be viewed here.
You may use this Site at no charge for purposes of browsing the Services only. You will be charged for the transmission of multimedia messages sent through this Service at the applicable rates stated and published from time to time. MMSSB and/or its Related Corporations reserves the right to amend these rates (without prior notice) at any time for any of the Services. Any amendments in relation to fees will be effective from the date it is published on this Site or such other dates as may be stipulated. You further agree that rates applicable for the multimedia message will be dependant on the content attached to the message, whether graphics, audio or video and such charge shall be automatically applicable upon the message being sent without regard to whether or not the intended recipient of the multimedia message receives the message.
MMSSB and/or its Related Corporations reserves the right to cancel or withdraw or terminate this Site for legal or technical reasons or for any other reason whatsoever. Where reasonable and practical, advance notice would be given. If you do not agree please discontinue further use of this Site.
MMSSB and/or its Related Corporations may track your visit to this Site by giving you a "cookie" when you enter. Cookies are pieces of information that websites transfer to your computer's hard drive for record-keeping purposes. MMSSB may use cookies to make visiting MMSSB's sites and MMSSB's partner sites easier. Cookies allow MMSSB to save passwords and preferences for you so that you will not have to re-enter them the next time you visit. Cookies also help MMSSB tracks user trends and patterns. Cookies also help MMSSB collect anonymous click stream data for tracking user trends and patterns. In addition, third party advertising networks may issue cookies when serving advertisements. The use of cookies is now an industry standard, and you will find them used on most major websites. Most browsers are initially set up to accept cookies. If you prefer, you can reset your browser either to notify you when you have received a cookie, or to refuse to accept cookies. You should understand that areas of certain sites will not function properly if you set your browser to not accept cookies.
This Site and its contents including but not limited to text, graphics, images, logos, button icons, audio clips, and software are owned or controlled for these purposes by MMSSB, its Related Corporations or its content suppliers and are protected by copyright, trademarks and/or other intellectual property rights and other laws of Malaysia. You may view this Site and its contents using your web browser and save an electronic copy, or print out a copy, of parts of this Site solely for your own information. You are resptricted from modifying, in any way, the contents from how it appears on this Site or any sites belonging to MMSSB and/or its Related Corporations. You must not reproduce, transmit (including broadcast), adapt or otherwise exercise the copyright in the whole or any part of this Site or MMSSB website for any other purpose except as expressly permitted. The compilation (including but not limited to the collection, arrangement, and assembly) of all content on this Site is the exclusive property of MMSSB and/or its Related Corporations and protected by copyright. All software used on this Site is the property of MMSSB, its Related Corporations or its software suppliers and protected by copyright.
This Site includes registered trademarks and trademarks which are the subject of pending applications or which are otherwise protected by law including without limitation, the word "Maxis", "Activate Your Life", "Hotlink", "Maxis Mobile", "Maxis One Club", "Maxis net" and the Maxis, Hotlink, Maxis Mobile, Maxis One Club and Maxis net logos. Unless otherwise indicated, they are owned by Maxis Broadband Sdn Bhd (234053-D) or Maxis Communications Berhad (158400-V) and are used under authority by MMSSB and/or its Related Corporations. You may not use such trademarks or the names "Maxis", "Activate Your Life", "Hotlink", "Maxis Mobile", "Maxis One Club", "Maxis net" or any trademarks registered (or otherwise) belonging to MMSSB and/or its Related Corporations, except as permitted in the Terms and Conditions or with the specific prior written permission of MMSSB and/or its Related Corporations, as the case may be. This Site may contain the trademarks of content suppliers and electronic commerce merchants, which are protected by law, and you may not use these trademarks, at all times.
MMSSB grants you a limited license to access and make personal use of this Site and not to download or modify it, or any portion of it, except with prior express written consent of MMSSB. This license does not include any resale or commercial use of this Site or its contents. This license does not include any use of data mining, robots or similar data gathering or extraction tools. This Site or any portion of this Site including without limitation the materials used and displayed on this Site may not be reproduced, duplicated, copied, sold, resold, republished, downloaded, posted, distributed, disseminated, broadcast, transmitted or otherwise exploited for any commercial purpose except for your own reference. Any other use requires the prior written permission of MMSSB and/or its Related Corporations. You agree not to adapt, alter or create a derivative work from this Site or any portion of this Site including without limitation the materials used and displayed on this Site or use them for any other purpose other than for the purpose stated in this paragraph. You may not frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page, layout, or form) of MMSSB and/or its Related Corporations without express consent. You may not use any meta tags or any other "hidden text" utilising names, logos or trademarks belonging to MMSSB and/or its Related Corporations without express consent of MMSSB and/or its Related Corporations. Any unauthorised use terminates the permission or license granted by MMSSB herein. Nothing contained in this Site shall be construed as conferring by implication, or otherwise, any license or right under any patent, trademark, copyright (except as expressly provided in the Terms and Conditions) or any proprietary rights of MMSSB, its Related Corporations or its licensors.
This Site may contain links to third party sites. MMSSB and/or its Related Corporations are not responsible for the condition or content of those sites as they are not under MMSSB's and/or its Related Corporations' control. The link(s) are provided solely for your convenience and do not indicate, expressly or impliedly, any endorsement, authorisation or sponsorship by MMSSB and/or its Related Corporations of those site(s) or the products or services provided there. You access those sites and use their products and services solely at your own risk. MMSSB and/or its Related Corporations is not responsible nor liable for any transactions you may perform on those sites.
You may not use any mechanism, device, software or routine to interfere or attempt to interfere with the proper working of this Site. You may not take any action that places an unreasonable burden or excessive load on MMSSB' system(s). You agree not to infect this Site with any computer programming routine (e.g., any virus, worm, time bomb, cancelbots or trojan horse) that may damage, interfere with, delay, intercept or expropriate any system, data or personal information. You may not disclose to any third party or share your password, if any, or use your password for any unauthorised purpose. MMSSB and/or Related Corporations will not be liable or responsible for any charges incurred as a result of the usage of this Service through your MSISDN number.
This Site and the information, names, images, pictures, logos and icons regarding or relating to MMSSB and/or the related corporations, its products and services or to third party products and services (if any), is provided on an "AS IS" basis without any representation or warranties of any kind whether express or implied to the fullest extent permitted by law. MMSSB and/or its Related Corporations disclaim and exclude all warranties relating to the content, information, services, products or materials included on this Site including but not limited to, :
to the full extent permitted by law MMSSB and/or its Related Corporations disclaims any and all such warranties. In no event shall MMSSB and/or its Related Corporations, their respective agents and representatives; suppliers, vendors or merchants who have a presence on this Site be liable to you or anyone else for any loss or injury or any direct, indirect, special, exemplary, consequential damages, or any damages whatsoever including but not limited to loss of use, data, revenue or profits, whether in action of contract, negligence or other tortuous action arising out of or in connection with your access, use of, or your inability to access or use this Site. MMSSB and/or its Related Corporations do not warrant that the functions contained in the material contained in the Site will be uninterrupted or error free, that defects will be corrected, or that this Site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials.
By accessing and using this Site you agree to indemnify and hold harmless MMSSB and/or its Related Corporations against any losses, expenses claims and liability arising from any breach of the Terms and Conditions and/or the Rules of Acceptable Use.
MMSSB and/or its Related Corporations reserves the right to assign, subcontract or novate any or all of its rights and obligations under the Terms and Conditions. You may not, without the written consent of MMSSB and/or its Related Corporations, assign or dispose of the Terms and Conditions.
MMSSB and/or its Related Corporations reserves the right to modify for any reason whatsoever or discontinue (temporarily or permanently) this Site at any time and from time to time with or without notice. You agree that MMSSB and/or its Related Corporations shall not be liable to you or to any other party for such modification, suspension or discontinuance of this Site. MMSSB and/or its Related Corporations reserves the right with notice, to terminate your access to or use of this Site for any reason including but not limited to violation of any terms of these Terms and Conditions and/or lack of use of this Site. You agree that MMSSB and/or its Related Corporations shall not be liable to you or any other party for any termination of your access to or use of this Site. MMSSB and/or its Related Corporations shall not be liable for any failure to perform its obligations herein cause by an act of God, insurrection or civil disorder, military operations or terrorism, all emergencies, acts or omission of Government or any competent authority, industrial disputes of any kind, fire, lightning, explosion, flood, acts or omission of persons or bodies for whom MMSSB and/or the Related Corporations has no control over or any cause outside MMSSB's and/or the Related Corporations' reasonable control. You agree that MMSSB and/or its Related Corporation has no responsibility or liability for the deletion or failure to store any messages, pictures and/or other communications or other content maintained or transmitted. You acknowledge that MMSSB reserves the right to log off accounts that are inactive for a period exceeding one (1) months.
If you use this Site, you will be required to enter your password every time you access this Site. You are responsible for maintaining the confidentiality of your password and/or user authentication and for restricting access to your computer, and you agree to accept responsibility and liabilities for all activities that occur under your password and/or user authentication. You undertake to observe all security measures prescribed by MMSSB concerning your password or generally in respect of the use of this Site. Should you have any reason to believe that your password has been misused and/or compromised whether by theft, fraud or otherwise, you shall inform MMSSB immediately after your becoming aware of the same. MMSSB shall not be liable for any loss or damage which you and/or any third party may suffer as a result of instructions or transactions transmitted via this Site after successful usage of your password whether or not such usage was authorized by you. You shall keep MMSSB and/or its Related Corporations fully indemnified against all loss or damage which MMSSB and/or its Related Corporations suffer(s) or may suffer in connection whether directly or indirectly to usage of your password whether by yourself or any third party, authorized or otherwise. MMSSB and/or its Related Corporations reserves the right to invalidate or suspend your password at any time without being obliged to offer you any explanation or prior notice. MMSSB and/or its Related Corporations shall not be liable for any loss or damage which you may suffer as a result of such invalidation and/or suspension. MMSSB and/or its Related Corporations reserves the right to discontinue the password accessing system with respect to this Site at any time, without prior notice. MMSSB and/or its Related Corporations shall not be liable for any loss or damage which you may suffer as a result of such discontinuation.
If there is any conflict between these Terms and Conditions and rules and/or specific terms of use appearing on this Site relating to specific material then the latter shall prevail. MMSSB and/or its Related Corporations reserves the right to amend these Terms and Conditions at any time without prior notice. You are responsible for regularly reviewing information posted online to obtain notice of such amendments. Your continued access into and usage of this Site after such amendments shall be construed as your having accepted all such amendments. These Terms and Conditions shall have effect only to the extent not forbidden by law. For avoidance of doubt, it hereby agreed and declared in particular, but without limitation, that nothing herein shall be construed as an attempt to contract out of any provisions of the Consumer Protection Act 1999, if and where the said Act is applicable. No delay or indulgence by MMSSB and/or its Related Corporations in enforcing any term or condition of these Terms and Conditions nor the granting of time by MMSSB and/or its Related Corporations to you shall prejudice the rights or powers of MMSSB nor shall any waiver by MMSSB and/or its Related Corporations of any breach constitute a continuing waiver in respect of any subsequent or continuing breach. If any part of the Terms and Conditions should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms and conditions are intended to be effective, then to the extent and within the jurisdiction which that Term or Condition is illegal, invalid or unenforceable, it shall be severed and deleted from the Terms and Conditions and the remaining Terms and Conditions hereof shall survive, remain in full force and effect and continue to be binding and enforceable. The Terms and Conditions shall be governed by and construed in accordance with the laws of Malaysia without reference to any principle of conflict of laws. Disputes arising out of or related to this Site shall be exclusively subject to the jurisdiction of the courts of Malaysia. If the Terms and Conditions are not accepted in full, the use of this Site must be terminated immediately. The Terms and Conditions and the documents incorporated by reference herein represent the entire agreement between you and MMSSB in respect of this Site, and supercede all prior arrangements (if any). This Site may be accessed throughout Malaysia and overseas. MMSSB and/or its Related Corporations make no representation that the content of this Site complies with the laws (including intellectual property laws) of any country outside Malaysia. If you access this Site from outside Malaysia, you do so at your own risk and are responsible for ensuring compliance with all laws in the place where you are located. You must
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MMSSB welcome any questions or comments you have; please direct them to support@maxis.net.my. Your experience is extremely important to Maxis and Maxis respects your right. |