INTRODUCTION AND AGREEMENT TO ACCESS

The Maxis Web Portal is available to me subject to MBSB’s and/or its Related Corporations’ conditions, limits and procedures whether contained in these terms and conditions or as prescribed by MBSB and/or its Related Corporations from time to time at its discretion.

These terms and conditions (“Terms and Conditions”) govern my rights and obligations, as the Customer, and yourselves, MBSB and/or its Related Corporations, in connection with the access and use of the Maxis Web Portal and/or Services. By accessing this Web Portal and/or using the Services, I HEREBY ACKNOWLEDGE AND ACCEPT that my access and use of Web Portal and Services will be governed by these Terms and Conditions. In addition, my access and use of the Maxis Web Portal and/or Services will also be governed by any other specific rules, procedures, terms and conditions for the products, services or facilities offered as determined or as may be amended by you at your discretion ("applicable additional terms and conditions").

I FURTHER ACKNOWLEDGE AND AGREE that the applicable additional terms and conditions (including without limitation, those provisions on liability, disclaimer, indemnity, severability, force majeure, etc.) and such other specific rules, procedures, terms and conditions as set out in the preceding sentence shall apply, mutatis mutandis, to these Terms and Conditions. In the event of any inconsistency or conflict between the applicable additional terms and conditions, MBSB’s and/or its Related Corporations rules, procedures, terms and conditions as determined from time to time AND these Terms and Conditions, the applicable additional terms and conditions will prevail (unless specifically provided otherwise).

By accessing and using the Maxis Web Portal and/or Services the Customer hereby accepts without limitation or qualification, all of these Terms and Conditions which take effect on the date which the Customer first accesses and uses the Web Portal. If these Terms and Conditions are not accepted in full, the use of this Web Portal must be terminated immediately.

1. DEFINITIONS AND INTERPRETATIONS

   "Customer" or “you” or “your” means the party who has agreed to subscribe to or utilise the Services and/or products stated herein and/or any person or individual accessing or utilizing the Maxis Web Portal and/or Services. "Law" means and includes the Communications and Multimedia Act, 1998, its regulations and any other relevant laws, regulations, statutes, acts or by-laws currently in force in Malaysia which is subject to change from time to time.

   "Related Corporations" means the related corporations as defined under the Companies Act, 1965 and include their respective employees and directors.

   "Services" means any functions, features, communication facilities or facilities or services made available by MBSB and/or its Related Corporations from time to time subscribed or to be subscribed by the Customer in connection with the Services.

   "MBSB" means Maxis Broadband Sdn Bhd(234053-D), a wholly-owned subsidiary of Maxis Berhad (867575-A) ("Maxis"), and 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 and/or its subsidiaries licensed to provide the Services.

   " Web Portal " means the Internet address www.maxis.com.my and www.webportal.com including all the information and services made available there by MBSB and/or its Related Corporations which is subject to change from time to time.

   Unless the context otherwise requires, words denoting the singular number shall include the plural and vice versa and words denoting natural person shall include corporations and partnerships.

   Words denoting the masculine gender shall include the feminine and neuter genders and vice versa.

   "Online ID" means the email address entered which is unique to you and allows the Web Portal to identifies you and your Account(s) when you access the Web Portal and/or Services"

   "Password" means the string of alphanumeric characters selected by you which, being unique to you and known only to you, MBSB and/or its Related Corporation, authenticates your Online ID whenever you access the Web Portal and/or Services and together with your Online ID.

   "Secure Keyword" means the string of alphanumeric characters selected by you which, being unique to you and known only to you, MBSB and/or its Related Corporation, will be displayed on screen after you have entered your Online ID. This is the mutual authentication function used by MBSB and/or its Related Corporation to verify that the login page is from a genuine MBSB and/or its Related Corporations’ website.

   " MODIFICATIONS OF TERMS AND CONDITIONS

   MBSB and/or its Related Corporations reserves the right to amend, modify or vary at any time without any prior notice to the Customer, the Terms and Conditions herein contained and the Customer shall be bound to observe and comply with any such variation, addition or amendment. Notice of such changes may be given to the Customer and/or up-dated in this Web Portal but the changes shall take effect from the date the changes were made. The Customer is responsible for reviewing regularly information posted online to obtain timely notice of such changes. The Customer shall be deemed to be apprised of and be bound by any modification by MBSB and/or its Related Corporations to these Terms and Conditions. The Customer's continued use of the Web Portal and/or Services following the postings of any amendments, modifications or verifications to these Terms and Conditions constitutes acceptance of those changes.

2. LINKS

   This Web Portal and/or Services may contain links to other websites including third party websites. The Customer acknowledges and agrees that each of those websites are governed by their respective terms and conditions which the Customer agrees to abide by when using or accessing those websites. The terms and conditions therein contained are enforceable directly against you on their own behalf by the respective owners of those websites. MBSB and/or its Related Corporations are not responsible for the condition, content and/or information of and contained in those websites as they are not under the control of MBSB and/or its Related Corporations. The link(s) from or to websites outside this Web Portal and/or Services are meant solely for the Customer's convenience only and shall not be construed, expressly or impliedly, as authorisation, endorsement, sponsorship nor any partnership by MBSB and/or its Related Corporations for those websites, the products or services and/or information provided or contained therein. The Customer shall bear all risks in accessing these websites and in the using of the products and services contained therein. MBSB and/or its Related Corporations are not responsible for any transactions the Customer may perform on those websites.

3. DISCLAIMER

   THIS WEB PORTAL AND/OR THE SERVICES, INCLUDING BUT NOT LIMITED TO, AND THE INFORMATION, NAMES, IMAGES, PICTURES, LOGOS AND ICONS REGARDING OR RELATING TO MBSB AND/OR ITS RELATED CORPORATIONS, ITS PRODUCTS AND SERVICES OR TO THIRD PARTY'S PRODUCTS AND SERVICES, IS PROVIDED ON AN "AS IS" AND “AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED TO THE FULLEST EXTENT PERMITTED BY LAW.

   MBSB AND/OR ITS RELATED CORPORATIONS DISCLAIM ALL WARRANTIES RELATING TO THE CONTENT, INFORMATION, SERVICES, PRODUCTS OR MATERIALS INCLUDED ON THIS WEB PORTAL OR LINKS TO OTHER WEB PORTAL OR SERVICES, INCLUDING BUT NOT LIMITED TO, ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSES, TITLE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY AND/OR ACCURACY. IN NO EVENT SHALL MBSB AND/OR ITS RELATED CORPORATIONS, THEIR RESPECTIVE AGENTS AND REPRESENTATIVES; SUPPLIERS, VENDORS OR MERCHANTS WHO HAVE A PRESENCE ON THIS WEB PORTAL BE LIABLE 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 TORTUOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS, USE OF OR YOUR INABILITY TO ACCESS OR USE OF THE WEB PORTAL AND/OR SERVICES.

   MBSB AND/OR ITS RELATED CORPORATIONS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL CONTAINED IN THIS WEB PORTAL OR ANY OTHER THIRD PARTY WEBSITES WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEB PORTAL AND/OR SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR BUGS OR REPRESENTS THE FULL FUNCTIONALITY, ACCURACY, RELIABILITY OF THE MATERIALS.

   ACCESS TO THIS WEB PORTAL AND/OR SERVICES IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MBSB AND/OR ITS RELATED CORPORATIONS SHALL NOT BE LIABLE FOR AND MAKES NO EXPRESS OR IMPLIED REPRESENTATION OR WARRANTIES OF ANY KIND IN RELATION TO THE WEB PORTAL, SERVICES, PRODUCTS AND/OR SERVICES INCLUDING BUT NOT LIMITED TO:

   • ALL WARRANTIES OF SAFETY, LEGALITY, MERCHANTABILITY, SATISFACTORY, FITNESS FOR PURPOSE, TITLE, NON-INFRINGEMENT AND COMPATIBILITY OF THE WEB PORTAL, PRODUCTS AND/OR SERVICES;
   • THE SECURITY, AVAILABILITY, ACCESSIBILITY, TIMELINESS, ERROR-FREE AND UNINTERRUPTED USE OF THE WEB PORTAL AND/OR SERVICES;
   • THE SEQUENCE, ACCURACY, COMPLETENESS, TIMELINESS OR THE SECURITY OF ANY DATA OR INFORMATION TRANSMITTED USING THE WEB PORTAL AND/OR SERVICES;
   • THE SEQUENCE, ACCURACY, COMPLETENESS, TIMELINESS OR THE SECURITY OF ANY DATA OR INFORMATION PROVIDED TO YOU.
   • THE ACTIONS AND OMISSIONS OF USERS WHETHER ON THIS WEBSITE AND/OR WEB PORTAL AND/OR SERVICE OR OUTSIDE THIS WEB PORTAL AND/OR SERVICE;
   • ANY DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALISED SETTINGS;
   • THE INABILITY TO USE THIS WEB PORTAL AND/OR SERVICE OR ANY MESSAGES RECEIVED OR TRANSACTIONS ENTERED THROUGH THIS WEB PORTAL AND/OR SERVICE;
   • THE ACCURACY AND RELIABILITY OF RESULTS OBTAINED FROM THE USE OF THIS WEB PORTAL AND/OR SERVICE AND THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED;
   • ANY IMPLIED WARRANTY ARISING FROM THE COURSE OF DEALING OR TRADE; AND
   • ANY OBLIGATION, LIABILITY, RIGHT, CLAIM IN TORT OR OTHERWISE.
   • TO THE FULL EXTENT PERMITTED BY LAW, MBSB AND/OR ITS RELATED COPRPORATION DISCLAIMS ANY AND ALL SUCH WARRANTIES.

   In compiling the information contained on and accessed through this Web Portal and/or Services ("Information"), MBSB and/or its Related Corporations have used its best endeavours to ensure that the Information is correct and at the time of publication but takes no responsibility for any error, omission or defect therein. MBSB, its Related Corporations and its employees, agents and consultants exclude all liability for any loss or damage (including indirect, special or consequential loss or damage) arising from the use of, or reliance on, the Information whether or not caused by any negligent act or omission.

4. UNLAWFUL OR RESTRICTED USE

   In accessing or utilising this Web Portal and/or Services, the Customer shall comply with and not contravene any applicable laws of Malaysia relating to the Web Portal and/or Services and not to infringe any intellectual property rights of this Web Portal, any other sites and/or the Services. The Customer shall not use this Web Portal and/or Services for any purpose that is unlawful or prohibited or in a manner which could damage, disable, overburden or impair this Web Portal and/or Services or interfere with the enjoyment or use by any other party of this Web Portal and/or Services.

5. LICENSE AND WEB PORTAL ACCESS

   MBSB and/or its Related Corporation grants you a limited license to access and make personal use of this Web Portal and/or Services and not to download or modify it, or any portion of it, except with prior express written consent of MBSB and/or its Related Corporation. This license does not include any resale or commercial use of this Web Portal and/or Services or its contents. This license does not include any collection and use of any product listings, descriptions or prices, data mining, robots or similar data gathering or extraction tools. This Web Portal and/or Services or any portion of this Web Portal and/or Services including without limitation the materials used and displayed on this Web Portal and/or Services may not be reproduced, duplicated, copied, sold, resold, republished, downloaded, posted, distributed, disseminated, broadcasted, transmitted or otherwise exploited for any commercial purpose except for your own reference. Any other use requires the prior written permission of MBSB and/or its Related Corporations. The Customer agrees not to adapt, alter or create a derivative work from this Web Portal and/or Services or any portion of this Web Portal and/or Services including without limitation the materials used and displayed on this Web Portal and/or Services or any portion of this Web Portal and/or Services or use them for any other purpose other than for the purpose stated in this paragraph.

   The Customer may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page, layout, or form) of MBSB and/or its Related Corporations without express consent. The Customer may not use any meta tags or any other "hidden text" utilizing names, logos or trademarks belonging to MBSB and/or its Related Corporations without express consent of MBSB and/or its Related Corporations. Any unauthorized use terminates the permission or license granted by MBSB and/or its Related Corporations herein.

   Nothing contained in this Web Portal and/or Services shall be construed as conferring by implication, or otherwise, any license or right, to you or any other party, under any patent, trademark, copyright (except as expressly provided in the Terms and Conditions) or any proprietary rights of MBSB, its Related Corporations or its licensors.

6. ACCESS AND USE OF THIS WEB PORTAL, SERVICES AND USE OF INFORMATION

   MBSB, its Related Corporations and their respective agents and representatives shall not be responsible for material submitted to MBSB and/or its Related Corporation or other user created pages which allow you and other users to post information, provide feedback about MBSB, its Related Corporation, products and/or services and interact in real time. Any information, suggestions, ideas, drawings, concepts, know-how or techniques provided by, or obtained from you or your use of this Web Portal and/or Services shall be deemed to be non-confidential and non-proprietary. By communicating or transacting with MBSB and/or its Related Corporation, you grant MBSB and/or its Related Corporations permission to use any information, suggestions, ideas, drawings, concepts, know-how or techniques communicated, for any purpose MBSB and/or its Related Corporations chooses, commercial, public or otherwise without cost or compensation whatsoever to you. You acknowledge that MBSB and/or its Related Corporations and their respective agents and representatives do not control the information available on the user generated pages on this Web Portal and/or Services and that any opinion, advice, statements, services, offers or other information or content presented or disseminated from the user generated pages and/or links from this Web Portal and/or Services are those of their respective authors who are solely responsible and liable for their content.

   The information that you have is privileged and the access to you is private and confidential. You are advised to change your web portal password upon first login. You are also advised to change all passwords/codes periodically, especially when any of your authorised personnel resigns or leaves the company. To change the password please; go to Maxis Web Portal : https://www.bizvoiceadmin.maxis.com.my/Login/ You are advised to keep the password/codes provided to you strictly confidential and not to reveal the same to any unauthorised personnel or to share the password/codes or Services with others. Maxis shall not be held liable for any misused of the credentials.

7. SYSTEM INTEGRITY

   The Customer shall not use any mechanism, device, software or routine to interfere or attempt to interfere with the proper working of this Web Portal and/or Services. The Customer shall not take action that places an unreasonable burden or excessive load on MBSB's and/or its Related Corporation’s system(s). The Customer agrees not to infect this Web Portal and/or Services with any computer programming routine that may damage, interfere with, delay intercept or expropriate any system, data or personal information. The Customer may not disclose to any third party or share his/her password, if any, or use his/her login credentials and password for any unauthorized purpose. MBSB and/or its Related Corporations shall not be liable and/or responsible to you and/or any party for any charges incurred as a result of the usage of the Web Portal and/or Service through your MSISDN number, e-mail address, username and password or relevant other channels.

8. RULES OF ACCEPTABLE USE

   The Customer further undertakes NOT to use the Web Portal and/or Services in a manner that may infringe the rights or restrict the use and enjoyment of this Web Portal and/or Services by any third party, and this includes:

   • conduct or material which is unlawful, offensive, obscene, indecent, defamatory, seditious, abusive or hateful, false, racial or which may harass, distress or cause inconvenience to any person or invade another's privacy, constitutes an illegal threat or constitutes junk mail, encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, state, national or international law or regulation;
   • use of material in a manner which infringes any copyright, trademark or any intellectual property right;
   • use of material protected by trade secret without due authorization;
   • impersonating any person or entity including but not limited to a MBSB or its Related Corporation’s official or host or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
   • unauthorized access or use of data, systems or networks including any attempt to prove, scan or test the vulnerability of a system or network;
   • monitoring without authority data or traffic on any network or system;
   • using or attaching any viruses, Trojan horses, time bombs, worms, cancelbots or like devices which could damage, interfere, intercept or expropriate any system; or interfering with the service of any User, host or network including but not limited to mailbombing, flooding, broadcast attacks database or placing unreasonable burden on MBSB's and/or its Related Corporations system(s); and/or
   • circumventing any user authentication or security of any host, network or account (cracking or hacking).

   MBSB and/or its Related Corporation reserves the right to investigate potential abuses of the Rules of Acceptable Use and MBSB and/or its Related Corporation will fully cooperate with investigations of suspected criminal violations, violations of system or network under the leadership of law enforcement or relevant authorities. MBSB and/or its Related Corporation further reserves the right to suspend or terminate the Customer's right to access this Web Portal and/or Services if it is discovered that the Customer has provided MBSB and/or its Related Corporation with false or misleading registration or other information or violated or attempted to violate any term of the Rules of Acceptable Use.

   MBSB and/or its Related Corporation reserves the rights to make modifications to the Rules of Acceptable Use at any time by posting changes online without prior notice. Please check these Maxis Rules of Acceptable Use periodically for changes. The Customer's continued use of this Web Portal and/or Services following the posting of any changes to the Rules of Acceptable Use constitutes acceptance of those changes.

9. LIMITATION OF LIABILITY

   MBSB and/or its Related Corporations takes no responsibility for the accuracy or validity of any claims, or statements contained in the information, documents and related graphics on the Web Portal and/or Services. Further MBSB and/or its Related Corporations makes no representations about the suitability of any of the information contained in the document and related graphics on the Web Portal and/or Service for any purpose. All such documents and related graphics are provided without warranty of any kind either express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy.

   MBSB and/or its Related Corporations shall not be liable for any loss or any damages sustained by reason of any disclosure, inadvertent or otherwise in any information concerning the Customer's account particulars. Neither shall MBSB and/or its Related Corporations be liable for any error, omission or inaccuracy with respect to any Information and/or information provided or made available on the Web Portal, Services and/or products and services.

   The Customer shall be solely responsible for ensuring that in using the Web Portal and/or Services, all applicable laws, rules and regulations for the use of any communications systems, service or equipment shall be at all times be complied with. MBSB and/or its Related Corporations makes no representations about the suitability of any of the Information and/or information contained on the Web Portal, Services and and/or related links.

   MBSB and/or its Related Corporation, its agents and representatives and its suppliers (including but not limited to software or content suppliers) (hereinafter collectively referred to as "Suppliers") shall not be liable to you or any other party for any loss, damage, expenses or liability (including consequential loss or damage), loss of business, revenue or profits suffered or incurred by you or any other party which arise:

   • from circumstances beyond any of MBSB’s and/or its Related Corporation’s and/or the Suppliers' control or from your acts, omission, default, negligence or fraud;
   • from our deletion or failure to store any messages or other communications maintained or transmitted through and/or by the Web Portal and/or Services;
   • directly or indirectly in respect of the Web Portal and/or Services or any failure or omission by MBSB and/or its Related Corporation to comply with any of these Terms and Conditions.

   If any claim arising out of, or in connection with the relationship established by these Terms and Conditions result in any of MBSB and/or its Related Corporation, its agents and representatives or the respective agents and representatives of MBSB and/or its Related Corporation becoming liable for any loss or damage not capable of exclusion under these Terms and Conditions, then MBSB and/or its Related Corporation, its agents and representatives and the respective agents and representatives of MBSB and/or its Related Corporation’ total liability for such loss is limited to Ringgit Malaysia One Hundred (RM100.00) only.

10. COLLECTION AND USE OF PERSONAL INFORMATION

    You acknowledge that MBSB and/or its Related Corporation will collect, use disclose and otherwise process personal information about you in connection with your use of the Web Portal and the Services as set out in the Maxis Privacy Statement. The current version of the Maxis Privacy Statement is available at www.maxis.com.my/pdpa.

    MBSB and/or its Related Corporations 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 Web Portal at www.maxis.com.my/pdpa for information on our most up-to-date practices.

    You acknowledge and accept that the terms and conditions in the Maxis Privacy Statement forms an integral part of the terms and conditions of the use of the Web Portal and/or the Services. You will be deemed to have consented to the use of your personal information in the manner set out in the Maxis Privacy Statement by submitting your personal information and using the Web Portal and/or Services.

11. AUTHENTICATION

    If the Customer uses this Web Portal, the Customer will be required to enter his/her Online ID and Password every time he/she accesses this Web Portal and/or Services. The Customer is responsible for maintaining the confidentiality of the Customer's Online ID, Secure Keyword, TAC, Password and/or user authentication and for restricting access to the Customer's computer and/or devices, and the Customer agrees to accept responsibility and liabilities for all activities that occur under the Customer's Online ID, Secure Keyword, TAC, Password and/or user authentication. The Customer undertakes to observe all security measures prescribed by MBSB and/or its Related Corporations concerning his/her Password or generally in respect of the use of this Web Portal. The Customer may be required to register and provide personal details in order to access certain Services and/or Web Portal. In such circumstances, the Customer may be required to enter his/her Online ID and Password every time the Customer accesses the Service and/or Web Portal (as the case may be). The Customer is responsible for maintaining the confidentiality of his/her Online ID, Secure Keyword, TAC, Password, your user authentication and for restricting access to his/her computer and/or device, and the Customer agrees to accept responsibility and liabilities for all activities that occur under his/her Online ID, Secure Keyword, TAC, Password and/or user authentication. Should the Customer have any reason to believe that his/her Online ID, Secure Keyword, TAC and/or Password has been misused and/or compromised whether by theft, fraud or otherwise, the Customer shall inform MBSB or its Related Corporations immediately after he/she becoming aware of the same.

    MBSB and/or its Related Corporation shall not be liable for any loss or damage which the Customer and/or any third party may suffer as a result of instructions or transactions transmitted via this Web Portal and/or Services after successful usage of the Customer's Online ID, Secure Keyword, TAC and Password whether or not such usage was authorized by the Customer.

    The Customer shall keep MBSB and/or its Related Corporations fully indemnified against all loss and/or damage which MBSB and/or its Related Corporations suffer(s) or may suffer in connection whether directly or indirectly to usage of his/her Online ID, Secure Keyword, TAC and/or Password whether by himself/herself or any third party, authorized or otherwise.

    MBSB and/or its Related Corporations reserves the right to invalidate or suspend the Customer's Online ID and/or Password at any time without being obliged to offer the Customer any explanation or prior notice. MBSB and/or its Related Corporations shall not be liable for any loss and/or damage which the Customer may suffer as a result of such invalidation and/or suspension.

    MBSB and/or its Related Corporations reserves the right to discontinue the Online ID and/or Password accessing system with respect to this Web Portal and/or Services at any time, without prior notice. MBSB and/or its Related Corporations shall not be liable for any loss and/or damage which the Customer and/or any other party may suffer and/or incur as a result of such discontinuation.

12. TERMINATION AND SUSPENSION

    MBSB and/or its Related Corporations reserves the right to modify for legal, technical or any reason whatsoever or discontinue (temporarily or permanently) this Web Portal and/or Services at any time and from time to time with or without notice. Where reasonable and practical, advance notice would be given. The Customer agrees that MBSB and/or its Related Corporations shall not be liable to the Customer or to any other party for such modification, suspension or discontinuance of this Web Portal and/or Services.

    MBSB and/or its Related Corporations reserves the right with notice, to terminate the Customer's access to or use of this Web Portal and/or Services for any reason including but not limited to violation of any terms of these Terms and Conditions and/or lack of use of this Web Portal and/or Services. The Customer agrees that MBSB and/or its Related Corporations shall not be liable to the Customer or any other party for any termination of the Customer's access to or use of this Web Portal and/or Services.

    MBSB 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 MBSB and/or the Related Corporations has no control over or any cause outside MBSB's and/or the Related Corporations' reasonable control.

    You agree that MBSB 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 MBSB and/or its Related Corporations reserve the right to log off accounts that are inactive for a period exceeding 3 months.

13. INDEMNITY

    By accessing and using the Web Portal and/or Services, the Customer undertakes and agrees to indemnify, save and hold harmless MBSB and/or its Related Corporations at all times against all actions, claims, proceedings, costs, losses and damages whatsoever including but not limited to libel, slander or infringement or copyright or other intellectual property rights or death, bodily injury or property damage and howsoever arising which MBSB and/or its Related Corporations may sustain, incur or pay or as the case may be, which may be brought or established against MBSB and/or its Related Corporations by any person whomsoever arising out of or in connection with or by reason of the operation, provision or use of the Web Portal and/or Services, by reason of or pursuant to these terms and Conditions and/or which are attributable to the act, omission or neglect of the Customer, its servants or agents and/or any party authorised by you.

14. CONTENT AND USER CONDUCT

    You understand and agree that you are responsible for any content that you post or transmit on or through the Web Portal and/or Services.

    You agree not to cause, nor knowingly allow others to cause, any nuisance, annoyance, or inconvenience, whether to MBSB and/or its Related Corporations or any of its customers or users of the Web Portal and/or Services by any means.

    You agree to use the Web Portal and/or Services in a manner consistent with all applicable laws and regulations.

    You agree to not use the Web Portal and/or Services to post, transmit, distribute, link to, or solicit content that:

    • contains any advertising and promotional message;
    • violates or infringes any laws, regulatory requirements or codes;
    • infringes or violates any copyright, trademark or any other intellectual property, personal or proprietary rights of any person, or violates any obligation of confidence or any other proprietary right;
    • contains any obscene, offensive, defamatory or otherwise actionable material;
    • undermines the security or integrity of the site, including without limitation by importing any viruses, Trojan horses, time bombs or other disabling devices intended to detrimentally interfere, damage, surreptitiously intercept or expropriate such equipment, systems or networks;
    • contains any errors, whether technical or otherwise; or

    You agree to not use any robot, spider, or other automatic or manual device or process to monitor or copy our web pages or any portion of the content contained herein without express written permission from MBSB and/or its Related Corporations.

    You agree to not use any device, software or routine to interfere or attempt to interfere with the proper working of the Web Portal, or to impose an unreasonable or disproportionately large load on the servers serving the Web Portal and/or Services.

    MBSB and/or its Related Corporations shall have the right (but not the obligation) in its sole discretion to monitor, refuse or remove any content that is available via the Web Portal and/or Services. Without limiting the foregoing, MBSB and/or its Related Corporations shall have the right to remove any content that violates these Terms or is otherwise objectionable.

15. INTELLECTUAL PROPERTY RIGHTS

    The Web Portal and/or Services and its contents including but not limited to Information, information, text, graphics, images, sounds, logos, button icons, audio clips, and software on or available through the Web Portal and/or Services are owned or controlled for these purposes by MBSB, its Related Corporations, its content suppliers and/or third party licensors and are protected by copyright, trademarks and other laws. All rights thereto are reserved. You may view the Web Portal and/or Services and its contents using your web browser and save an electronic copy, or print out a copy, of parts of this Web Portal and/or Services solely for your own information. Except as provided in the foregoing, MBSB and/or its Related Corporations does not grant the Customer or any person any right to use, reproduce, copy, modify, transmit (including broadcast), display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the content of the Web Portal and/or Services on or transmitted through this Web Portal and/or Services, including without limitation by transferring, downloading or otherwise copying any content onto any disk drive or other storage medium. You may not modify, translate, decompile, disassemble, reverse engineer or otherwise attempt to derive the source code for the computer systems and other technology that operate the Web Portal and/or Services or create derivative works based on the Web Portal and/or Services. For purposes of these Terms and Conditions, "reverse engineering" shall include the examination or analysis of the Web Portal and/or Services to determine the source code, structure, organization, internal design, algorithms or encryption devices/items of the Web Portal's and/or Services’ underlying technology. You agree not to circumvent any technology used by MBSB, its Related Corporations and/or its licensors to protect content accessible via the Web Portal and/or Services.

    Any use of the content of the Web Portal and/or Services, except as specifically permitted in these terms and conditions or as otherwise expressly permitted in the content or in writing signed by MBSB and/or its Related Corporation, is strictly prohibited.

    The compilation (including but not limited to the collection, arrangement, and assembly) of all content on the Web Portal and/or Services is the exclusive property of MBSB, its Related Corporation, content suppliers and/or third party licensors and are protected by copyright and/or all applicable intellectual property laws or other laws. All software used on this Web Portal and/or Services is the property of MBSB, its Related Corporations or its software suppliers and protected by copyright and/or all applicable intellectual property laws or other laws.

    Your access to and/or use of the Web Portal and/or Services shall not be construed as granting, by implication, estoppel or otherwise, any license or right to use the trademarks, tradenames, logos or service marks appearing on the Web Portal and/or Services without MBSB and/or its Related Corporations’ prior written consent. You may not, without MBSB and/or its Related Corporations’ prior written consent, use any of such trademarks, tradenames, logos or service marks as a hyperlink to the Web Portal, Services or any other Web Portal.

16. TRADEMARKS

    All rights reserved. The Web Portal and/or Services includes registered trademarks which are the subject of pending applications or which otherwise protected by law including without limitation images and text such as "Maxis", "Activate Your Life", , "Maxis Mobile", "Maxis One Club", and the Maxis, , Maxis Mobile and Maxis One Club logos. Unless otherwise indicated, they are owned and controlled by MBSB and/or its Related Corporations for these purposes and are protected by intellectual property rights. Such trademarks and service marks may not be used except as permitted in these Terms and Condition or with specific written permission from MBSB and/or its Related Corporations, as the case may be. The Web Portal and/or Services may also contain the trademarks of content suppliers and electronic commerce merchants which are protected by law, and you may not use these trademarks and service marks, at all times.

17. THIRD PARTY POSTINGS AND HYPERLINKS

    This Web Portal and/or Services may contain hyperlinks to other Web Portals which are neither maintained nor controlled by MBSB and/or its Related Corporations, or may contain content posted on or via the Web Portal by third parties. Therefore, MBSB and/or its Related Corporations shall not be responsible for any errors or omissions in any content in the Web Portal, or the content, products or services of any hyperlinked Web Portal or any hyperlink contained in a hyperlinked Web Portal, nor for the privacy and security practices employed by these other Web Portal, and shall not be liable for any loss or damage of any kind incurred as a result of the use of any content posted or contained in e-mails or otherwise transmitted or displayed via the Web Portal, or arising from access to those Web Portals. Use of the Web Portal and/or Services and any hyperlinks and access to such hyperlinked Web Portals are entirely at your own risk.

    You acknowledge that MBSB and/or its Related Corporations has no control over and excludes all liability for any material on the Internet which can be accessed by using the Web Portal and/or Services. Neither can we be deemed to have endorsed the content.

    You agree that caching, hyperlinking to, and framing of the Web Portal and/or Services or any of the contents are strictly prohibited.

    MBSB and/or its Related Corporations reserves all rights to disable any links to, or frames of any site containing inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topics, names, material or information, or material or information that violates any written law, any applicable intellectual property, proprietary, privacy or publicity rights.

18. AVAILABILITY

    MBSB and/or its Related Corporations may change, suspend, or terminate all or any part of usage of the Web Portal and/or Services, the access or availability of the products, services, Web Portal, Services and/or links, at any time, with or without reason. You acknowledge that the operation of the Web Portal and/or Services may from time to time encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors and MBSB and/or its Related Corporations shall not be responsible to you or others for any such interruptions, errors or problems or an outright discontinuance of the Web Portal and/or Services or the specific product or services Web Portal/link.

    Any such change, suspension or termination shall include, but is not limited to, any one or more of the following:

    1. 19.1 requests made or imposed by law enforcement and/or other government agencies
    2. 19.2 discontinuance of the Web Portal and/or Services (or any part thereof)
    3. 19.3 unexpected technical or security issues or interruption, disruption or congestion problems
    4. 19.4 your engagement in fraudulent and/or illegal activities
    5. 19.5 your access or use in connection with or for the purposes of any activities which would or may cause any irritation, annoyance, embarrassment, harassment, disturbance or nuisance of any kind whatsoever to or otherwise be prejudicial to the interests of MBSB and/or its Related Corporations or any person and/or your breach any of these Terms and Conditions
    6. 19.6 you have perpetrated a fraud on the Web Portal and/or Services or conducted yourself in a manner which may result in perpetrating (or which, in the opinion of MBSB and/or its Related Corporations, constitutes an attempt to perpetrate) a fraud on MBSB and/or its Related Corporations, the Web Portal and/or Services,

       MBSB and/or its Related Corporations shall not be liable to you or any third-party for any termination made in MBSB and/or its Related Corporations’ sole discretion.

19. MISCELLANEOUS

    The Customer agrees that this Web Portal and/or Services shall only be used for lawful purposes. If the Customer is dissatisfied with this Web Portal, Services and/or the Terms and Conditions, rules, policies, guidelines or practices of MBSB and/or its Related Corporations in operating this Web Portal and/or Services, the Customer's sole and exclusive remedy is to discontinue using this Web Portal and/or Services.

    In the event of any conflict between the Terms and Conditions herein contained and the rules and/or specific terms appearing on this Web Portal and/or with regards to the Services relating to the specific material, the latter shall prevail.

    These Terms and Conditions shall have effect only to the extent not forbidden by law. For 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.

    No delay or indulgence by MBSB and/or its Related Corporations in enforcing any term or condition of these Terms and Conditions nor the granting of time by MBSB and/or its Related Corporations to you shall prejudice the rights or powers of MBSB and/or its Related Corporations nor shall any waiver by MBSB and/or its Related Corporations of any breach constitute a continuing waiver in respect of any subsequent or continuing breach.

    If any of these Terms and Conditions should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms and Conditions are intended to be effective, then to the extent and within the jurisdiction which that Term or Condition is illegal, invalid or unenforceable, it shall be severed and deleted from these Terms and Conditions and the remaining Terms and Conditions shall survive, remain in full force and effect and continue to be binding and enforceable.

    The Customer must also:

    • cease to utilize the Services and/or Web Portal or any part thereof for such period as may be required by MBSB and/or its Related Corporations.
    • not use the Web Portal and/or Services to cause embarrassment, distress, annoyance, irritation or nuisance to any person.
    • comply with all notices or directions relating to the Customer's use of the Services and Web Portal as MBSB and/or its Related Corporations may see fit to issue from time to time or if MBSB and/or its Related Corporations has reason or cause to suspect that you are not complying with your responsibilities and obligations under these terms and conditions.
    • at all times keep the personal identification, Online ID and Password created confidential and not release their Online ID and Password to any person.