PLEASE READ THESE TERMS CAREFULLY. PLEASE NOTE THAT SERVICES
COVERED BY THIS AGREEMENT MAY NOT BE CANCELLED BY YOU OTHER
THAN AS DETAILED IN THESE TOS ONCE THE PROVISION OF THOSE
SERVICES HAS COMMENCED. IF YOU DO NOT AGREE WITH THESE TERMS,
YOU SHOULD NOT PROCEED ANY FURTHER ON THIS WEBSITE OR WITH
USAGE OF SMS SERVICES. OTHERWISE YOU AGREE TO USE THE SERVICES
ON THE TERMS SET OUT IN THIS AGREEMENT. WE MAY NEED TO VARY
THESE TERMS FROM TIME TO TIME AND ANY SUCH CHANGES WILL BE
UNDERTAKEN IN ACCORDANCE WITH CLAUSE 11.2 BELOW. PLEASE CHECK
THIS SITE REGULARLY AS WE WILL NOTIFY YOU HERE OF ANY SUCH
CHANGES.
1. Introduction
1.1 Service Description. This service is
brought to you by MAGNUM INFORMATION TECHNOLOGY SDN BHD 364873-H
("MAGNUM IT") and Matrix Internet & Wireless
Sdn Bhd 461312-P ("MATRIX"). MAGNUM IT and MATRIX
provides Mobile handset users with access to Mobile products
and services through its on-line (World Wide Web), SMS (Short
Message Service), and WAP (Wireless Application Protocol)
services (the "Service").
1.2 Applicable terms and conditions. The
Service and any products and services which may be accessed
through the Service are made available to you subject to these
Terms of Services ("TOS"). The TOS are in addition
to any MAGNUM IT/MATRIX or third party terms and conditions
applicable to products and services, which may be posted from
time to time in connection with such products and services
("Specific Terms"). In case of any discrepancy between
the TOS and such Specific Terms the latter shall prevail.
2 Conclusion of contract
2.1 Invitations to order. Unless otherwise
expressly indicated, no information presented in the Service
or in connection with any products and services shall be deemed
as a binding offer by MAGNUM IT/MATRIX, but an invitation
for you to order.
2.2 Contract for the Service. The contract
for the Service between you and MAGNUM IT/MATRIX shall be
deemed concluded when MAGNUM IT/ MATRIX, upon your request
(order), have provided you with access to the Service, and
the information and/or services that you requested have been
delivered.
2.3 Assignment. You may not assign or otherwise
transfer the contract or assign, transfer or sub-license any
of your rights there under. MAGNUM IT/MATRIX shall have the
right to assign its rights and obligations under this contract
and any receivables based on this contract to a third party
of which notice in writing will be given to you provided such
assignment is made under terms no less favourable to you than
those in this TOS. After a notice concerning the transfer
of receivables, payments shall be valid only when made to
the new service provider.
3. Access to the Service
3.1 Equipment and Software. In order to use
the Service, you must have a mobile communications subscription
or otherwise have access to the Service on the network in
which MAGNUM IT/MATRIX make the Services available ("Subscription"),
and pay any service fees associated with such access. In addition,
you must provide all equipment and software necessary to make
such connection, including a mobile hand set or other access
device and ensure that they are in working order and suitable
for use in connection with the Service. You are responsible
for ensuring that that equipment and software do not disturb
or interfere with MAGNUM IT/MATRIX's operations. Any equipment
or software causing interference shall be immediately disconnected
from the Service.
3.2 Access without registration. MAGNUM IT/MATRIX
provides you with access to Services without you registering
as a user. In that case your identification is based on other
means of identification that MAGNUM IT/MATRIX deems appropriate.
Identification is typically based on data identifying your
Subscription, such as your Subscription number or MSISDN number
provided by your network operator. You agree that such information
may be collected and disclosed to MAGNUM IT and MATRIX and
used in accordance with section 4.1.
4. Processing of your information
4.1 Privacy. MAGNUM IT and MATRIX are committed
to the privacy of their customers. You acknowledge that
MAGNUM IT and MATRIX collect and process Registration Data
and information on your use of the Service including the
personally identifiable information contained therein for
reasonable purposes and you consent to such practices.
5. Service Obligation
5.1 Reasonable efforts to maintain the Service.
MAGNUM IT/MATRIX shall use reasonable efforts to keep the
Service (or individual services supplied by MAGNUM IT/MATRIX)
available in accordance with the information that you have
received about it at the date of this Agreement. MAGNUM
IT/MATRIX may suspend the Service for repair, maintenance,
and/or upgrade work. In such a case, MAGNUM IT/MATRIX shall
aim at keeping the said interruption short and at causing
as little inconvenience to you as reasonably possible.
5.2 Right to modify services. MAGNUM IT/MATRIX
shall have the right to provide the Service as it deems
best but will try to ensure that the Service is of no lesser
standard than as at the date these TOS were entered into.
MAGNUM IT/MATRIX reserves the right to modify or discontinue,
temporarily or permanently the Services provided. If a service
is or the Services are to be permanently discontinued by
MAGNUM IT/MATRIX will notify you of this fact.
5.3 Service Upgrades. If any upgrade in
a service requires changes in your equipment or software,
you must effect these changes at your own expense. MAGNUM
IT/MATRIX shall inform you of any such alterations in the
Service in advance. Unless explicitly stated otherwise,
any new or additional features that augment or enhance the
current Services, including the release of new services,
shall be subject to the TOS.
6. LIMITED WARRANTIES
6.1 NO WARRANTIES OTHER THAN THOSE CONTAINED IN
THE TOS ARE PROVIDED. THE SERVICE (AND ANY SERVICES
AVAILABLE THROUGH MAGNUM IT/MATRIX'S SERVICES) ARE OFFERED
TO YOU ON AN "AS IS", "WITH ALL FAULTS"
AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF
ANY KIND SAVE AS PROVIDED IN THESE TOS AND AS REQUIRED BY
THE LAW APPLICABLE TO THESE TERMS OF SERVICE. YOUR USE OF
THE SERVICES AND/OR ANY INFORMATION, DATA, TEXT, SOFTWARE,
MUSIC, SOUND, PHOTOGRAPHS, GRAPHICS, VIDEO, MESSAGES OR
OTHER MATERIALS TRANSMITTED THROUGH OR MADE AVAILABLE USING
THE SERVICE ("CONTENT") IS AT YOUR OWN RISK AND
THE USE BY YOU OF THE SERVICES MUST COMPLY WITH INSTRUCTIONS
GIVEN BY MAGNUM IT/MATRIX FROM TIME TO TIME.
6.2 SERVICES. MAGNUM IT/MATRIX MAKE NO
WARRANTY THAT (i) THE RESULTS THAT MAY BE OBTAINED FROM
THE USE OF THE SERVICE (OR ANY SERVICES AVAILABLE THROUGH
MAGNUM IT/MATRIX'S SERVICES) WILL BE ACCURATE OR RELIABLE,
(ii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION,
OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE
SERVICE WILL MEET YOUR EXPECTATIONS BASED ON THE INFORMATION
AVAILABLE TO YOU IN CONNECTION WITH THE SERVICE AT THE DATE
OF ACCEPTING THESE TOS, AND (iii) ANY ERRORS IN THE SOFTWARE
WILL BE CORRECTED;
6.3 DOWNLOADING OF CONTENT. ANY CONTENT
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE
SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT
YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF
DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL;
6.4 SECURITY MEASURES. MAGNUM IT/MATRIX
SHALL USE REASONABLE EFFORTS TO SECURE ANY INFORMATION THAT
YOU TRANSMIT OR STORE THROUGH THE SERVICE IN ORDER TO PREVENT
UNAUTHORISED ACCESS BY THIRD PARTIES. YOU ACKNOWLEDGE, HOWEVER,
THAT MAGNUM IT/MATRIX ARE UNABLE TO EXERCISE FULL CONTROL
OVER THE SECURITY OF INFORMATION PASSING OVER THE NETWORK
UTILISED BY THE SERVICES OR VIA THE SERVICE, AND MAGNUM
IT/MATRIX HEREBY EXCLUDE ALL LIABILITY OF ANY KIND FOR UNAUTHORISED
ACCESS TO INFORMATION PASSING OVER THE NETWORK OR VIA THE
SERVICE.
6.5 GENERAL WARRANTIES: (A) THE SERVICES
ARE INTERNET, SMS MESSAGE, AND WAP DRIVEN AND MAGNUM IT/MATRIX
ARE/IS NOT ABLE TO CONTROL EFFICIENCY ALL NETWORKS IN THEIR
ENTIRETY OVER WHICH THE SERVICES (AND INDIVIDUAL MAGNUM
IT/MATRIX OR THIRD PARTY SERVICES) ARE SUPPLIED. THEREFORE,
MAGNUM IT/ MATRIX ASSUME NO RESPONISIBILITY FOR ANY DISRUPTION
TO THE SERVICES/INDIVIDUAL MAGNUM IT/MATRIX SERVICES PROVIDED
THAT WE WILL USE ALL REASONABLE EFFORTS TO RECTIFY ANY SUCH
DISRUPTION AS SOON AS REASONABLY PRACTICABLE. FURTHER, MAGNUM
IT/MATRIX MAKE NO REPRESENTATION OR WARRANTY AND ASSUME
NO RESPONSIBILITY FOR THE DELAYS IN PROVISION OF THE SERVICES/INDIVIDUAL
MAGNUM IT/MATRIX SERVICES, DISTORTION, MISDELIVERY OR FAILURE
TO STORE ANY CONTENT, COMMUNICATIONS OR PERSONALISED SETTINGS
OR THE EQUIPMENT USED BY YOU IN RELATION TO THE SERVICES
OR INDIVIDUAL MAGNUM IT/MATRIX SERVICES; (B) NO NON-FRAUDULENT
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM MAGNUM IT/MATRIX OR THROUGH OR FROM THE SERVICE
SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS
SAVE ANY TERMS EXPRESSED TO BE ABLE TO BE VARIED IN THESE
TOS.
7. Limitation of Liability
7.1 NOTHING IN THIS AGREEMENT LIMITS OR EXCLUDES EITHER
MAGNUM IT'S, MATRIX'S OR YOUR LIABILITY FOR PERSONAL INJURY
OR DEATH CAUSED BY OUR OR OUR EMPLOYEE'S OR YOUR NEGLIGENCE,
OR ANY OTHER LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED
BY APPLICABLE LAW.
7.2 SUBJECT TO CLAUSE 7.1, NEITHER MAGNUM IT OR MATRIX SHALL
IN ANY CIRCUMSTANCES BE LIABLE UNDER THESE TOS FOR ANY OF
THE FOLLOWING LOSS OR DAMAGE (WHETHER SUCH LOSSES OR DAMAGE
WERE FORESEEN, FORESEEABLE, KNOWN OR OTHERWISE): (A) LOSS
OF BUSINESS CONTRACTS; (B) LOSS OF SAVINGS OR ANTICIPATED
SAVINGS; (C) LOSS OF REVENUE OR ANTICIPATED PROFITS; (D)
LOSS OF GOODWILL; (E) LOSS OF DATA; (F) LOSS OF OPPORTUNITY;
(G) LOSS OF REPUTATION; (H) ANY INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES OR LOSSES; OR; (G) FOR
ANY OTHER UNUSUAL LOSSES.
7.3 SUBJECT TO CLAUSE 7.2, MAGNUM IT'S AND MATRIX'S MAXIMUM
LIABILITY UNDER THESE TOS FOR LOSSESS DIRECTLY RESULTING
FROM A BREACH OF THESE TOS OR ITS NEGLIGENCE SHALL BE LIMITED
IN RESPECT OF ANY ONE EVENT OR A SERIES OF TWO OR MORE CONNECTED
EVENTS TO RM500. YOU SHALL NOT USE THE SERVICE IN ANY CASE
WHERE DAMAGE OR INJURY TO PERSON, PROPERTY OR BUSINESS MAY
OCCUR IF ANY ERROR OCCURS. YOU EXPRESSLY ASSUME ALL RISK
FOR SUCH USE.
8. Use of the Service and
Content
8.1 The nature of content. Neither the
Services, nor any of the information transmitted through
or made available using the Service, is intended to supply
tax, accounting or legal advice, advice regarding the suitability
or profitability of any security or investment, any health
or medical advice, or any other advice of a personal or
private nature. Although the Services may provide access
to information and recommendations and research about the
foregoing topics, MAGNUM IT/MATRIX does not guarantee that
such recommendations are suitable to you or for any other
person. You shall make your own independent evaluation of
the suitability of such recommendations. You assume full
responsibility and liability for any and all tax, accounting,
legal, investment, medical, health, or other personal decisions
made by you.
8.2 Responsibility for the use of the Service.
You are fully responsible for all activities that occur
under your password or account or through your Subscription.
That responsibility includes, but is not limited to, the
responsibility for any fees for the use of the Service or
any products and services made available through the Service.
MAGNUM IT MATRIX cannot and will not be liable for any loss
or damage arising from your failure to comply with this
Section 8.2.
8.3 Prohibited activities. You agree not
to use the Service or services available via the Services
to: a) upload, make available, send or otherwise transmit
any Content that is unlawful, harmful, threatening, abusive,
harassing, tortuous, defamatory, vulgar, obscene, libelous,
invasive of another's privacy, hateful, or racially, ethnically
or otherwise objectionable; b) harm minors in any way; c)
impersonate any person or entity, including, but not limited
to, a MAGNUM IT/MATRIX official, forum leader, guide or
host, or falsely state or otherwise misrepresent your affiliation
with a person or entity; d) upload, make available, send
or otherwise transmit any Content that infringes any patent,
trademark, trade secret, copyright or other proprietary
rights ("Rights") of any party or any Content
that you do not have a right to transmit under applicable
law or under contractual or fiduciary relationship (such
as information disclosed as part of employment relationships
or under nondisclosure agreements); e) upload, send or otherwise
transmit any unsolicited or unauthorised advertising, promotional
materials, "junk mail", "Spam", chain
letters, pyramid schemes, or any other form of solicitation,
except in those areas (such as shopping rooms) that are
designated for such purpose; f) upload, post, email or otherwise
transmit any material that contains software viruses or
any other computer code, files or programs designed to interrupt,
destroy or limit the functionality of any computer software
or hardware or telecommunications equipment; or g) "stalk"
or otherwise harass another. You agree not to: a) manipulate
identifiers in order to disguise the origin of any Content
transmitted through the Service; b) intentionally or unintentionally
violate any applicable local, state, national or international
law; c) reproduce, duplicate, copy, sell, resell or exploit
for any commercial purposes, any portion of the Service,
use of the Service, or access to the Service.
8.4 MAGNUM IT/MATRIX's right to disclose information.
You acknowledge and agree that MAGNUM IT/MATRIX may preserve
Content and may also disclose Content if required to do
so by law or in the good faith belief that such preservation
or disclosure is reasonably necessary to: (a) comply with
legal process; (b) enforce the TOS; (c) respond to claims
that any Content violates the rights of third-parties; or
(d) protect the rights, property, or personal safety of
MAGNUM IT/MATRIX, its users and the public.
8.5 Intellectual Property in the Services.
You acknowledge and agree that the Service, any software
used in connection with the Service ("Software"),
and usernames allocated to you contain proprietary and confidential
information that is protected by applicable intellectual
and industrial property and other laws and which belong
to MAGNUM IT/MATRIX or third parties. You will not acquire
ownership of any worldwide intellectual property rights
in Software or usernames by virtue of your use of the Services.
You further acknowledge and agree that Content contained
in sponsor advertisements or information presented to you
through the Service is protected by copyrights, trademarks,
service marks, patents or other proprietary rights and laws.
Except as expressly authorised by MAGNUM IT/MATRIX, you
agree not to modify, rent, lease, loan, sell, distribute
or create derivative works based on the Service or the Software,
in whole or in part. You agree not to access the Service
by any means other than through the interface that is provided
by MAGNUM ITMATRIX for use in accessing the Service. MAGNUM
IT/MATRIX hereby grants you a license to make a single copy
of the Content on the equipment you use to access the Service
and to use and display such copy of the content on such
equipment for private non-commercial purposes.
8.6 Without MAGNUM IT/MATRIX's prior permission, you agree
not to display or use in any manner, the trademarks, trade
names or logos used in connection with the Service.
9. PAYMENTS
9.1 Tariffs. The tariffs and terms of payment
are made available at the MAGNUM IT website. You shall pay
MAGNUM IT/MATRIX for the Services and the use thereof in
accordance with the price lists in force. Unless otherwise
indicated, the charges shall be invoiced on your mobile
operator's bill (i.e. on the bill related to the use of
the mobile subscription with which you have accessed the
Service).
9.2 Price changes. MAGNUM IT/MATRIX reserves
the right to change the tariffs for the Service by posting
details of such changes on its web site or in other publicity
materials.
10. Termination
10.1 Termination of the Service. You agree
that MAGNUM IT/MATRIX, at its sole discretion, may terminate
your use of the Service or individual services provided
via the Services, and remove and discard any Content within
such services.
10.2 Suspension of the Services. MAGNUM
IT/MATRIX may suspend all or any of the Services (or individual
services provided via the Services), for lack of use.
11. Other terms and conditions
11.1 Notices. You shall send any notices
related to this contract to the following addresses:- support@matrixinter.net;
MAGNUM IT/ MATRIX shall serve notices related to this contract
by posting them on the MAGNUM IT/MATRIX website or by sending
them to the address or e-mail address you have given to
MAGNUM IT/MATRIX, or as a text message to your mobile Subscription
number. Notices sent by mail shall be deemed received seven
days after they were sent. Notices posted on the MAGNUM
IT/MATRIX website or sent by e-mail or as a text message
shall be deemed received on the weekday following the day
when they were posted or sent.
11.2 Changes to TOS. MAGNUM IT/MATRIX reserves
the right to change these terms and conditions from time
to time. Changes shall be notified to you by posting on
the MAGNUM IT/MATRIX website or by sending you a notice
pursuant to section 11.1 thereof.
11.3 Reasonable Control. MATRIX is not
responsible for non-compliance with the terms of these TOS
where such non-compliance results from matters beyond MAGNUM
IT's or MATRIX's reasonable control.
12. General information
The TOS and the relationship between you, MAGNUM IT and
MATRIX shall be governed by the laws of Malaysia. The failure
of MAGNUM IT/MATRIX to exercise or enforce any right or
provision of the TOS shall not constitute a waiver of such
right or provision. If any provision or part of a provision
of the TOS is found by a court of competent jurisdiction
to be invalid or unenforceable, then the remainder of the
provision will be enforced so as to effect the intention
of the parties, and the other provisions of the TOS remain
in full force and effect. Matrix Internet & Wireless
Sdn Bhd (461312-P) is a company registered in Malaysia whose
registered office is at C507 Block C, Phileo Damansara 1,
9 Jalan 16/11, 46350 Petaling Jaya, Malaysia. MAGNUM INFORMATION
TECHNOLOGY SDN BHD (364873-H) is a company registered in
Malaysia whose registered office is at 6th Floor, Magnum
Plaza, 128 Jalan Pudu, 55100 Kuala Lumpur, Malaysia. |