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Service Specific Terms & Conditions (“SSTC”)
mWorkforce

  • mWorkforce - Terms & Conditions
  • Appendix

 

General

  1. Service(s): Comprises of mWorkforce Lite Plan, mWorkforce Standard Plan and/or mWorkforce Business Plan (“Plan(s)”) as described in Appendix 1, which may be subscribed either as a standalone service or as part of a bundle with Mobile Device(s) or connectivity services from Maxis. The mWorkforce mobile application and mWorkforce web application are provided as part of Service(s).
  2. You: Business Customer signing up for the Service(s).
  3. The use of the Service(s) is subject to the General Terms & Conditions (“GTC”), this Service Specific Terms & Conditions (“SSTC”), Maxis Fair Usage Policy and any other applicable terms and conditions, all at www.maxis.com.my/tnc/business.
  4. Unless otherwise defined in this SSTC, capitalised terms herein have the same meaning as defined in the GTC.
  5. Any conflict or inconsistency between this SSTC, the GTC and Summary Terms and Conditions (“STC”), shall be construed in the following order of precedence: (a) SSTC; (b) GTC; and (c) STC.
  6. You acknowledge and agree that by using the internet in general, you may be subject to various risks, including amongst others:
    1. unauthorised invasion of your privacy during, or as a result of, you or another party’s use of the network; and
    2. unauthorised exposure of information and material you listed or sent, on or through the Service (s), to other users, the general public or any other specific entities for which the information and material was not intended by you.



    Definitions and Interpretation

  1. Unless the context otherwise requires, the words below shall have the following meaning:
    End User” means your employee or agents and/or any person authorised to use the Service(s) and/or act on your behalf in relation to the Service(s);
    “Password” means the string of alphanumeric characters selected by you which, being unique to you and known only to you and Maxis, authenticates your user identification detail whenever you access the Service(s).


  2. Eligibility

  3. To be eligible for the Service(s), you must be our existing Business Customer. If you are not an existing Maxis Business Customer, you must subscribe to a new Maxis connectivity service (any MaxisONE Business plans, Flexishare plans, M2M/IoT plans or Maxis fixed services) at the point of signing up for Service(s). You are allowed to subscribe to either one of the Plan(s), and you are not allowed to combine multiple plans at any one time.


  4. Provision of mWorkforce

  5. In order to use the Service(s), it is necessary that you have device(s) that allows you access to the Internet. The Service(s) does not include the provision or maintenance of Your Equipment required to connect to the Service(s) (including the mWorkforce mobile application and mWorkforce web application).
  6. You are solely responsible to ensure that Your Equipment and any parts thereof are compatible and can properly function and to use only properly licensed third party software in connection with the use of the Service(s) at your expense. For the avoidance of doubt, we shall not be liable for any failure to provide the Service(s) due to any failure or defect arising from Your Equipment.
  7. The features of each Plan(s) are set out in the attached Appendix 1. You acknowledge and agree that we may modify or replace any software or add, remove, suspend or stop any features or functionalities of the Service(s) at any time without notice to you.
  8. Maxis reserves the right to suspend all or any part of the Service(s) for operational reasons or in the event of an emergency.


  9. Our Content

  10. The compilation (including but not limited to the collection, arrangement and assembly) of all our Content in the Service(s) is the exclusive property of Maxis or our service provider, as the case may be and protected by copyright, trademarks and/or other Intellectual Property rights and other relevant laws of Malaysia, the applicable laws of the country of domicile of the service provider and international copyright laws. You are only allowed to view and use our Content and the Service(s) for commercial purposes during the term of this Agreement. Our Content in the Service(s) may not be reproduced, distributed, transmitted, published, displayed, broadcasted, stored, adapted, licensed, altered, hyperlinked or otherwise used in any manner or by any means except with our prior written consent.
  11. We reserve the right to modify, add or delete any of our Content appearing on or in connection with the Service(s), at any time without prior notice to you.
  12. You may not frame or utilise framing techniques to enclose any of our Content (including any Intellectual Property of Maxis), without our prior written consent. You may not use any meta tags or any other "hidden text" utilising names, logos or trademarks belonging to Maxis or our service provider/Licensor without our prior written consent.
  13. Unless expressly stated in this Agreement, no license or rights to our Content are granted to you and your access or use of the Service(s) should not be construed as granting, by implication, estoppel or otherwise, any license or right to use the Intellectual Property without Maxis’ prior written consent.
  14. You acknowledge and agree that by using the Service(s), you may be exposed to Content which is inaccurate, misleading, defamatory, offensive and unlawful. Any reliance on or use of any Content on or accessible from Service(s) is at your own risk. We make not warranty as to the quality, accuracy or reliability of any Content accessed and/or obtained through the Service(s).


  15. Your Content

  16. We do not control, actively monitor or review your Content and you shall be responsible for any of your Content and for the accuracy, integrity, legality, reliability, appropriateness, quality and ownership of your Content.
  17. The Service(s) allows you and/or your End Users to post, upload, send or otherwise make available Content on your Service(s). When you do that, you retain the ownership rights in your Content which are your sole responsibility. You are also responsible for any links to other third party websites or resources or services that you use and/or use by End Users. We do not claim ownership of your Content and you (or your End Users) retain all right, title, and interest in and to your Content, with the exception of the materials which you take from our resources, in particular from the collection of predesigned templates.
  18. You are entitled to use materials that we render available to you solely to use Service(s) for its intended purpose. Please note that our resources (in particular the predesigned templates) may include materials which are subject to third party’s copyright. You acknowledge and agree that we have the right at any time and at our sole discretion to remove such materials from our resources, disable access to such materials or demand that you immediately stop using them, in particular on your Service(s). If you fail to use the materials upon our notice to you, we shall be entitled to delete such materials at our sole discretion, without liability to you. In the aforementioned situations you will not be entitled to any reimbursement of any amount paid by you to us.
  19. If you post, upload, send or otherwise make available any Content which belong to a third party, you undertake to obtain the consent of such third party, in addition to and not in derogation of your obligations resulting from these terms and conditions.
  20. You acknowledge and accept that we may preserve your Content and disclose it if we are required to do so by law or if it is necessary to enforce the Agreement, a court order or a decision of a competent public authority, respond to claims that any of your Content or the activity of your Service(s) violates the law or the third party’s rights.
  21. While we are not required to pre-screen or control your activity related to the use of the Service(s), you consent to allowing us to access, review, screen and/or delete any of your Content, block or suspend access to the Service(s) or any part of it, with or without notice, at our sole discretion at any time if we receive any information or have reasonable suspicion that your or the End Users’ activity or your Content violate these terms and conditions. In the aforementioned situations we are not liable for the consequences of the measures taken.
  22. You should not post, upload or send Content that:
    (i) violates or infringes a third party’s rights of publicity, privacy, copyright, trademark or other Intellectual Property right;
    (ii) misrepresents or misleads;
    (iii) bullies, harasses or intimidates;
    (iv) slander. defames or libels;
    (v) spam other users;
    (vi) is illegal in nature; and/or
    (vii) may likely or is used for the purposes of carrying out any illegal activity.



    Term and Minimum Period of Service

  1. If you subscribe to the Service(s) as a standalone service, the Service(s) shall continue on a monthly basis commencing from Activation date unless you give Maxis thirty (30) days advance written notice of your intention to terminate this Agreement or unless terminated by Maxis.
  2. If you subscribe to the Service(s) as part of a bundle with Mobile Device(s) or connectivity service from Maxis, you agree to be subject to a Minimum Period of Service of twenty-four (24) months, commencing from the activation date of each license (“Minimum Period of Service”). Upon expiry of the Minimum Period of Service, the Service(s) shall be automatically renewed on a monthly basis (“Renewed Term”) on the same terms and conditions save for the monthly Charges (as communicated by Maxis), unless terminated by either party by giving thirty (30) days written notice to the other party. The Minimum Period of Service (if any) for each additional license(s) shall survive the duration of the Agreement and in such instance, these terms and provisions shall remain in full force and effect.



    Termination

  1. If you terminate the Service(s) or the Agreement at any time during the Minimum Period of Service by giving us thirty (30) days advance notice in writing, you agree to pay Maxis an early termination charge per license. The calculation for the early termination charges shall be: The monthly commitment fees of the Service(s) X the balance of the Minimum Period of Service (“Early Termination Charge”).
  2. You are not allowed to downgrade the Service(s), resell, resupply, transfer and/or assign/novate the Service(s) (including any software license attached thereto) to any third party without prior written consent from Maxis and/or the Licensor.
  3. We reserve the right without liability, to suspend and/ or terminate the Service(s) or any part thereof if you failed to comply with any terms and conditions of the Agreement, including but not limited to reason of non-payment without any notice to you.
  4. You shall still be liable for all monies due and owing by you as at the date of discontinuance or termination.


  5. Charges

  6. The Charges for the Service(s) shall be set out in the Maxis Registration Form. The Charges are exclusive of all applicable taxes.
  7. The monthly Charges for the Service(s) shall be paid in full (1 month) regardless of the date of activation or termination.


  8. License(s)

  9. We hereby grant you the non-exclusive, non-assignable, non-transferable, limited right and revocable license to use the Service(s). You may add new license(s) of the same Plan(s) at any time to utilise the Service(s), subject to the terms and conditions this Agreement.
  10. You are not allowed to reduce the number of licenses if the relevant license subscribed is subject to Minimum Period of Service. The Early Termination Charge applies should you terminate any license during the Minimum Period of Service.
  11. You agree that your use, and use by your End Users, of the Service(s) shall subject always to the Licensor’s terms and conditions including but not limited to any end user license agreement or any terms in connection with the grant to you of any right or license to use the Service(s). You hereby agree to adhere to the terms and conditions set out at https://www.actsoft.com/terms/ (“Licensor’s Terms”).
  12. Maxis is not responsible or liable to you in connection with:
    1. any Intellectual Property of the Licensor or any other third party;
    2. any termination or suspension of any right or license granted to you by the Licensor; and
    3. Licensor’s exercise of any of its rights under the Licensor’s Terms.
  13. You undertake and agree to, at your sole cost and expense, indemnify, defend and hold Maxis and its respective employees, directors, officers, suppliers, contractors and agents harmless from and against all claims, demands, actions, damages, loss, costs, charges, liabilities and expenses (including solicitor’s fees and costs) of every nature directly and indirectly, arising out of or in connection with your (including your End User) breach of the Licensor’s Terms.


  14. Value Added Services

  15. All value-added services (“Value-Added Services”) are optional as an add-on to the Service(s), subject to applicable charges as set out in the Registration Form.
  16. The Service(s) with customization dashboard reporting, task automation and map overlay. The Value-Added Services are provided by Actsoft Pte. Ltd. (“Actsoft”). In addition to and not in derogation of the GTC, Maxis excludes all liabilities related to the Value-Added Services and Maxis shall not be responsible for any loss, damage, liability or expenses arising from any claims whatsoever, including but not limited to cyber terrorism, invasion of privacy, infringement of Intellectual Property rights or breach of any law or regulation arising from the use of Value-Added Services, whether by you, End Users or any other person. Risk passes to you immediately upon Activation of the Service(s).
  17. Technical or customer support for the Value-Added Services will be provided by Maxis via a 24 hours/ 365 days toll free helpdesk support.
  18. We are not liable for any unauthorised access or use of the Value-Added Services (notwithstanding the cause of such unauthorised access) and for any loss or damage due to loss of your information and/or data and shall have no obligation to back up or manage the data/information.
  19. We do not recommend the use of the Value-Added Services where the risk of non-connection or loss of connection of the Service(s) carries a material risks. We will not be held responsible for any loss or damage that you or any third parties might sustain as a result of the use of the Value-Added Services by you. Accordingly, you may only use the Value-Added Services if you accept all such risk and insure accordingly.
  20. Maxis and Actsoft hereby grant you non-exclusive, non-assignable, non-transferable, limited right and revocable license to use the Value-Added Services in accordance with the applicable License Terms. The Value-Added Services shall remain the property of Actsoft at all times and the ownership of the Value-Added Services or the Service(s) will not at any time pass to you.


  21. Access and Password

  22. We will create an account and provide you with one (1) main Log-on Detail information required to connect to and access the Service(s), including a sufficient number of Log-on Details, as determined by us to provide your End User(s) with access. You agree that you are responsible for any activity that occurs in your account and shall be liable to pay increased license fees on the basis of increased number of End Users.
  23. Maxis reserves the right to request you to reset or alter your Password. You may change and/or create new Log-on Details at any time by submitting a request to us in writing which shall be subject to our approval and any additional charge. The right to your account, Log-on Detail and other identifiers used for the Service(s) does not transfer to you and can be disabled, reclaimed and reused once your account is terminated or deactivated for whatever reason by either you or us.
  24. You are encouraged to periodically change your Password especially when an End User is changed.
  25. We reserve the right to invalidate or suspend your Log-on Details and Password at any time without being obliged to offer you any explanation or prior notice in the event of (i) non-payment, (ii) suspected and/or proven misuse of the Service(s), (iii) you are not complying with your responsibilities and obligations under this Agreement, or (iv) any infringement of a third party's Intellectual Property occurs or is alleged in connection with the Service(s). We shall not be liable for any loss or damage which you may suffer as a result of such invalidation and/or suspension.


  26. Your responsibilities and obligations

  27. You acknowledge and agree that you shall:-
    1. comply with the Licensor’s Terms and ensure that your End Users comply with the Licensor’s Terms available at https://www.mworkforce.biz/eula;
    2. always use caution when giving out any personally identifiable information about yourself or your End Users via the Services;
    3. not to carry out or permit to be carried out any additions, improvements, adjustments, modifications, alterations or replacements to the Service(s) without the prior written consent of Maxis;
    4. retain the Service(s) at all times in the custody and control of yourself and not permit any third party to use the Service(s). Use of the Service(s) by any third party shall be deemed to be use of Service(s) by you (whether authorised by you or otherwise);
    5. be solely responsible for all Content transmitted or broadcasted (whether authorised by you or not) and the security of any data/information retrieved, stored or transmitted and managing the use of the storage capacity for your data/information to ensure it is within the capacity allocated to you. We are not liable for any unauthorised access to any data/information notwithstanding the cause of such unauthorised access and shall have no obligation to back up or manage the data/information;
    6. not to suspend the Service(s) at any time. The Service(s) shall continue even if you suspend your internet connectivity;
    7. access the mWorkforce mobile application and mWorkforce web application only through the interface provided by Maxis and not by any other automated means or interfaces;
    8. use all precautions to prevent, and report immediately to us upon the discovery of, any fraud, unauthorised usage, or any other unlawful acts. You agree to lodge a police report whenever instructed by us and to give us a certified copy of such report;
    9. not use or permit the use of the Service(s) or install, connect, link or use or permit the installation, connection, linking or use of any equipment in contravention of any law or which generates or is likely to generate traffic or usage which causes or is likely to cause congestion in or disruption to the provision or operation of any service by us or any other service provider; and
    10. use the Service(s) according to the specifications, guidelines and recommendations as may be provided from time to time and shall immediately disconnect or cease to use the Service(s) at our request.


  28. Disclaimer and Liability

  29. You agree that the Service(s), in whole or in part, is provided by third party service providers including the Licensor and/or any other third party providing any hosting, distribution, management, maintenance and/or operation of any software, software which is provided as a service, data, database, infrastructure, and/or platform, which is provided and/or accessed over the internet and/or other network.
  30. In addition to and not in derogation of the GTC, we exclude any liability and are not responsible for any loss, damage, liability or expenses arising from any claims whatsoever including but not limited to cyber terrorism, invasion of privacy, infringement of intellectual property rights or breach of any law or regulation arising from the use of the Service(s), whether by you or any third party. Risk passes to you immediately upon activation of the Service(s).
  31. We are not liable for any unauthorised access or use of the Service(s) (Notwithstanding the cause of such unauthorised access) and for any loss or damage due to loss of your Content and shall have no obligation to back up or manage your content.
  32. We do not recommend the use of the Service(s) where the risk of non-connection or loss of connection of the Service(s) carries a material risk. We will not be held responsible for any loss or damage that you or any third parties might sustain as a result of the use of the Service(s) by you. Accordingly, you may only use the Service(s) if you accept all such risk and insure accordingly.
  33. The Service(s) is provided on an “As Is” and “As Available” basis. Maxis shall not be held liable for and makes no express or implied representation or warranties of any kind in relation to the Service(s). All warranties, conditions, representations, indemnities, and guarantees with respect to the Service(s), whether express or implied, arising by law, custom, prior oral or written statements by Maxis or its agents or otherwise (including, but not limited to any warranty or merchantability, satisfaction, fitness for particular purpose or non-infringement) are hereby overridden, excluded and disclaimed.
  34. Maxis does not guarantee that (A) the Service(s) will be error-free or uninterrupted, or that Maxis will correct all errors in the Service(s); (B) the Service(s) will operate in combination with your Content or your applications, or with any other software, hardware, systems, or data; (C) the Service(s), including any products, services, information, or other material you obtain from Maxis under this Agreement, will meet your requirements or expectations; and (D) any service levels, performance indicators, or any other benchmarks will be met by the Service(s).