MAXIS – WiFi Packages: Terms and Conditions

1. Service

The Service is a service provided by Maxis which allows you to connect to and access the Internet (via Maxis WiFi services) via mobile or use your mobile device as a modem to connect to the Internet at the rates prescribed below.
To use, preview and/or subscribe for the Service, you will have to be a Maxis postpaid or prepaid mobile service (Hotlink) subscriber. Your use of the Service shall be subject to the terms and conditions set out here.

Where applicable, the access and use of this Service shall also be subject to the General Terms and Conditions at http://www.maxis.com.my/personal/general/tnc_main.asp (which includes terms and conditions for Website Use, the Rules of Acceptable Use and the Privacy Statement).

2. Charges

A. Rates for Service packages
The charges for the Service vary depending on the type of data packages you choose. You can choose between daily pay-per-use and monthly packages. The rates for these packages also differ based on whether you are a prepaid or postpaid user.

B. Rates for Roaming charges
The rates outlined above do not apply for use of data while on an overseas roaming network. When you use or access data while roaming overseas, you will incur charges for each data session. Each data session is split evenly on the home network and the overseas roaming network. Therefore, you will be liable to pay both Maxis and the overseas operator, for your use of data while overseas.

The applicable rates for an overseas roaming data session will vary depending on the overseas operator used and the rates set by the overseas operator. The accompanying local charges of an overseas roaming data session will be based on the active data package you subscribe to. So, if you are not subscribed to any particular data package when roaming, then - for the local operator rates - you will be charged pay per use rates (which is the base charging package).

C. Responsibility for charges under the Service
Please note that you will be charged for all applicable charges relating to or in connection with the Service as set out above even if the charges were incurred by a third party using your mobile phone/ device and/or the SIM card registered to you. If the mobile phone or device does not belong to you or if someone else if paying the mobile phone bill, please obtain that person's consent prior to accessing and using the Service.

3. Payment

If you have subscribed to Pay-Per-Use Plan , Maxis will deduct the charges from your pre-paid or Postpaid account, an amount equal to the value of the Service accessed by you from time to time and if you have subscribed to Subscription Based Plan, you hereby agree to promptly pay all amounts due to Maxis as reflected in your official monthly bill statement and for all charges whatsoever occasioned by or in connection with the use of the Service, irrespective of whether such charges were authorized by you or has arisen from any other causes whatsoever as per the rates stipulated for the Services herein and/or as may be imposed at our absolute discretion.

4. Equipment

This Service can be used on all browsing enabled devices.
You shall remain solely responsible to ensure that the mobile phone equipment or device used by you is compatible with the Service. You shall continue to be liable for any and all charges incurred in connection with the Service even if you are unable to use or view the Service purchased or subscribed to in accordance with these terms.

If you are unsure whether your mobile phone is compatible with the Service, please consult your mobile phone handbook or check with the maker of your mobile phone. Maxis shall not be liable and/ or responsible should you be unable to use the Service as a result of the make or model or functionality limitations of your mobile phone.

5. Delivery of Service

You can subscribe for the Service via the following means:
a. SMS shortcode;
b. MaxisWiFi Landing Page
c. by calling in to customer service (123) (applicable to postpaid customers only).
Once you have chosen your desired service package and subscribed to the Service, you will have to wait for an SMS confirming the activation of the Service before proceeding to use the Service.

6. Termination of Service

Maxis reserves the right to cancel, withdraw, terminate or suspend the Service for any reason whatsoever at its sole discretion without notice to you. You agree that Maxis shall not be liable to you or to any other party for such a cancellation, withdrawal, termination or suspension.

7. Restrictions and Prohibitions

You shall abide by all conditions, restrictions and notifications issued by Maxis in relation to this Service. If Maxis is of the view that there has been a contravention of these terms and conditions, Maxis reserves the right to terminate and/or suspend your access and use of the Service.

To prevent network congestion, traffic from peer-to-peer software/ applications (such as BitTorrent, eDonkey, Gnutella) or file sharing software (such as Limewire) are blocked from the hours of 6am to 12am (Midnight) everyday.

8. Third Party Sites

In no event shall Maxis be liable to anyone for any damage arising from or occasioned by the creation or use of the third parties' sites or lists or the information or material accessed through these sites or lists.

9. Security Risks

Please note that the Services may utilise an unsecured Internet application. By using the Internet in general, you may be subject to various risks, including among others: • Unauthorized invasion of your privacy during, or as a result of, your or another's use of the network. • Unauthorized exposure of information and material you listed or sent, on or through the Services, to other users, the general public or any other specific entities for which the information and material was not intended by you. If you do not wish to be subjected to these risks you are advised not to use the Services. Furthermore, please do not use the Services for "Mission Critical" or "Content Sensitive" applications and purposes. For the purpose of this section "Mission Critical" applications and purposes shall mean applications and use that may result in direct damage; "Content Sensitive" shall mean any information or data you do not wish to be freely accessible and generally available to Internet users. You acknowledge that Maxis shall not be liable for the security of your data on any of your equipment or transmitted via the Services and that Maxis shall have no obligation to ensure, and makes no representations or warranties concerning the security of such data. You shall be solely responsible for the data retrieved, stored or transmitted through the Services. You agree that Maxis is not liable for any unauthorised access to your data even where the access occurs as a result of a fault in equipment owned, operated or supplied by Maxis.

Maxis makes no representation that materials on the Maxis sites and/or the Services are appropriate or available for use in locations outside Malaysia, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Maxis sites or the Services from other locations shall do so on their own initiative and are responsible for compliance with local laws.

10. Disclaimer

The Service is provided on an "AS IS" basis without any representation or warranties of any kind whether express or implied. Maxis, its related and affiliated corporations disclaim and exclude all warranties relating to or in connection with the Service, including but not limited to: all warranties of merchantability, fitness for a particular purpose, title, non-infringement, compatibility, security and accuracy.

Maxis and its related and affiliated corporations do not warrant that the Service will be uninterrupted or error free, that defects will be corrected, or that the website or the server, third party or otherwise, that makes it available are free of viruses or bugs or represents the full functionality, accuracy and reliability of the materials.

In no event shall Maxis and its related and affiliated corporations 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 tortious action, arising out of or in connection with your access, use of, or your inability to access or use the Service.

11. Indemnity

You agree to indemnify and hold Maxis and its related and affiliated corporations harmless against any costs, claims, demands, actions, proceedings, judgements, expenses, losses and liabilities of whatsoever nature incurred or suffered by, or brought, made or recovered against Maxis, and its related and affiliated corporations arising out of or in connection with your (a) use of the Service; and/or (b) breach of these terms and conditions by you.

12. Governing Law and Jurisdiction

These terms and conditions are subject to interpretation in accordance with the laws of Malaysia. Any dispute in relation to the use of the Service shall be subject to the jurisdiction of Malaysian courts.