Service Specific Terms & Conditions – Maxis mPOS Solution

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• 1. General

  1. The Service: Maxis mPOS Solution is a cloud-based card acceptance solution which consist of a mobile Point of Sale (mPOS) device operating on its own (standalone) or paired together with a mobile payment application used via a mobile telecommunication device (iOS or Android), to connect to a payment server (“Payment System”) which allows the reading, recording and data transmission of credit cards and/or debit cards to enable payment transactions to merchants, and the CRM (if subscribed by you), which is a value added service which permits end users to manage business operations (hereinafter the “Service” and constituting a Service(s) as defined under the General Terms & Conditions) in accordance with the selected Maxis mPOS Plan(s) (“Plans”).
  2. You: The Business Customer signing up for the Service.
  3. The Service and your use of the Service are subject to the General Terms & Conditions (the “GTC”), these Service Specific Terms & Conditions (this “SSTC”), the Summary Terms & Conditions (the “STC”), the Maxis Fair Usage Policy, the Maxis Group Privacy Statement, and any other applicable terms and conditions, all set out at www.maxis.com.my/tnc/business (collectively, the “Terms”).
  4. Capitalized terms herein have the same meaning as defined in the GTC.
  5. Any conflict or inconsistency between this SSTC, the GTC, and the STC shall be construed in the following order of precedence:
     1. this SSTC;
     2. the GTC; and
     3. the 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, to other users, the general public or any other specific entities for which the information and material was not intended by you.

• 2. Definitions and Interpretation

  2. Definitions and Interpretation Unless the context otherwise requires, the words below shall have the following meaning:
     1. “Acquiring Bank” means Global Payments Card Processing Malaysia Sdn Bhd or any other nominated acquiring bank which we may notify you from time to time, which provides the Merchant Card Service.
     2. “Activation Code” means a random code generated by the mPOS system for user ID activation in the mPOS Application and mPOS Portal.
     3. “Content” means certain information including but not limited to text, sounds, music, software, photographs, videos, data, graphics, images, animations, logos, button icons, audio clips, messages, links, listings or other materials published in any medium.
     4. “CRM” means the customer relationship marketing system known as ‘Superks’ which enable issuance, delivery and management of e-coupons and SMS blasting service. The CRM is a value-added service which is designed to be used together with the Service.
     5. “End User” means your employee or agents or any person authorized to act on your behalf in relation to the Service.
     6. “Licensor” means any third party licensor of any intellectual property forming any part of the Service.
     7. “Log-on Details” means the User ID, Portal ID, Passwords and/or such other security information or codes in relation to the access of the Services.
     8. “Merchant Card Service“ means the facility granted by the Acquiring Bank to you which allows you to accept a card transaction performed through the use of the Service.
     9. “mPOS Application” means the mPOS mobile application.
     10. “mPOS Device” means the mPOS card reader and its embedded firmware connected to the internet via a single purpose SIM Card.
     11. “mPOS Portal” means the web portal which is accessible by you to manage your transactions, settlements and End Users.
     12. “Password” means the string of alphanumeric or only numeric characters selected by you which, being unique to you and known only to you, authenticates your user identification detail whenever you access the Service.
     13. “Portal ID” means the user identification detail and/or email address which is unique to you and the temporary Password supplied to you for access to the mPOS Portal.
     14. “User ID“ means the user identification detail and/or email address which is unique to you and the temporary Password supplied to you for access to the Device and mPOS Application (if any).

• 3. Eligibility

  To be eligible for the Service, you must be our existing Business Customer or new Business Customer who signed up for a Maxis fixed and/or mobile postpaid services.

• 4. Provision of the Service(s)

  1. Subject to acceptance by Maxis, when you subscribe to the Service, you understand and acknowledge that:-
     1. you can only perform payment transactions upon approval of your application for Merchant Card Service by the Acquiring Bank. You may only transact once your accounts have been activated by us and the Acquiring Bank; and
     2. the Merchant Card Service is provided by the Acquiring Bank and not by Maxis and shall be subject to the terms and conditions of the Merchant Card Service stipulated by the Acquiring Bank (“Merchant Agreement”). You shall deal directly with the Acquiring Bank for the Merchant Card Service; and
     3. the final approval for your application for the Merchant Card Service is in the sole purview of the Acquiring Bank and subject to you meeting all the requirements set out and passing all checks conducted by the Acquiring Bank; and
     4. you are bound by the associated transaction fees or merchant discount rates (“MDR”) as determined by the Acquiring Bank who has the right to revise the transaction fees and MDR for each of its customers; and
     5. the Service provided by Maxis are only telecommunication services and that Maxis uses Service Providers that is not affiliated with Maxis for the provision of the Service and the acts and omissions of those Service Providers may be outside of Maxis’ control and Maxis does not accept any liability for any loss, injury, claim, liability, or damage of any kind suffered resulting in any way from: (a) any act or omission of any Service Providers; (b) any errors in or omissions from the Service; (c) your use of the Service (regardless of whether you received any assistance from us or Service Provider in using the Service); or (e) invasion of privacy, infringement of intellectual property rights, errors, omissions or inaccuracies of content, information or breach of any law or regulations arising from your or any other person’s use of the Merchant Card Service, mPOS Device and/or mPOS Application which are provided by the Acquiring Bank and Service Providers.
  2. Based on the Plan that is selected by you, the Service includes the provision and maintenance of mPOS Device and software required by you to connect to the mPOS Portal (standalone) and in some plans, to also connect to the mPOS Application. You may however purchase additional mPOS Device or other devices/hardware to be used together with the Service(s) at the price as informed by us. As the Service is provided by Service Providers, we do not guarantee any minimum response times or delivery times in connection with performance of the Service. Scheduled or emergency maintenance (including temporary suspension of the Service if necessary) may be performed to maintain or modify the Service without prior notice given to you and without any liability on our side. However, in the event of scheduled maintenance that would last for more than one (1) day, we will use reasonable efforts to give you at least one day's notice. We will endeavour to ensure that scheduled maintenance will be carried out with an aim to minimize business interruption.
  3. You are solely responsible to ensure all other devices/hardware or parts thereof remain to be compatible and can properly function and to use only properly licensed third party software in connection with the use of the Service at your expense. For the avoidance of doubt, we shall not be liable for any failure to provide the Service due to faulty devices/hardware or third party software.
  4. The features of each Service plan are set out in the attached Appendix I.
  5. Maxis reserves the right to suspend all or any part of the Service for operational reasons or in an emergency.

• 5. License

  1. You agree that:
     1. your use, and use by your End Users, of the Service shall be subject always to the Licensor’s terms and conditions including but not limited to any end user license agreement or any other terms in connection with the grant to you of any right or license to use the Service, as set out in the mPOS Portal and/or mPOS Application (the “Licensor’s Terms”);
     2. Maxis is not responsible or liable to you in connection with any Intellectual Property of the Licensor or any other third party;
     3. Maxis is not responsible or liable to you in connection with any termination or suspension of any right or license granted to you by the Licensor;
     4. Maxis is not responsible or liable to you in connection with the Licensor’s exercise of any of its rights under the Licensor’s Terms; and
     5. you will, at your sole cost and expense, indemnify, defend, and hold Maxis harmless against any claims from any third parties (including claims by the Licensor) in connection with your breach of the Licensor’s Terms.
     By clicking on the accept button or checkbox or accessing and using the Service, you have indicated that you have read, understood and accept unconditionally the Licensor’s Terms and you will be bound by the same. In the event of any conflict or inconsistency between these terms and conditions and the Licensor’s Terms, such conflict or inconsistency will be resolved in a manner most favourable to Maxis.
  2. Each subscription to a Plan entitles you to a license to the mPOS Portal and mPOS Application (if any). No rights, title, or interest in or to the mPOS Portal and mPOS Application, except the limited license expressly set forth in this Agreement shall pass to you.
  3. Registered End Users will be able to login to the mPOS Portal and mPOS Application using their Portal ID or User ID with supported mobile devices. The Service does not support jail-broken/rooted mobile device for both IOS and Android devices.
  4. The mPOS Application only supports the current and previous one (1) version software on old mobile device. The mPOS Application may automatically download, and upgrades, updates or other new features may automatically install. You may be able to adjust these automatic downloads via the settings in your device.
  5. If an End User intends to switch to a new mobile device, the End User is required to reinstall the mPOS Application in the new mobile device and login as usual using its registered User ID and password.
  6. For transactions with the total value of RM250 and below, your customers may opt to make contactless transactions or with signature or PIN verification. For transactions above RM250, payments may only be made with signature or PIN verification. Each customer is allowed a maximum of three (3) attempts or retries to clear a user PIN or signature. If the customer exceeds the maximum attempt, the Service will perform a cancellation of transaction and will auto reverse the current transaction.
  7. You shall use the Service with the utmost care and diligence and shall take all necessary precautions to prevent any loss, theft or fraudulent use. You shall fully indemnify and hold Maxis harmless against any liability for loss, liabilities, damage, costs and expenses suffered by Maxis arising from your breach of this Agreement.

• 6. Intellectual Property

  1. The Service Provider owns all Intellectual Property of its software and application and Maxis owns all Maxis Intellectual Property. You will not acquire any right in any and all Maxis Intellectual Property or the Service Providers’ Intellectual Property.
  2. Nothing in this Agreement shall vest, transfer or confer any right of a party to use the Intellectual Property of another party without that other party’s prior written consent and agreement.
  3. Nothing herein disclaims, abrogates, alienates or affects the Service Providers’ and Maxis’ subsisting and continuing moral rights in the respective applications and Intellectual Property.
  4. You hereby expressly authorise and consent to Maxis and/or the Service Providers collecting and using the data collected via the Service for research and development and to improve the performance of the Service. Such data will not be disclosed to any other third party without your consent. You agree to waive any moral rights you may have in such data and you hereby transfer and assign an exclusive and irrevocable right to any intellectual property rights inherent in your data or feedback to Maxis and/or the Service Providers, as the case may be without any compensation to you.

• 7. Log-on Details

  1. mPOS Portal
     1. We will create an account for you to access the mPOS Portal and provide you with one (1) main admin Portal ID where you can create, change and manage the access rights which you wish to give to your End User(s).
  2. mPOS Device/mPOS Application
     1. Each license comes with one (1) User ID which can be used to access only one (1) mPOS Device or mPOS Application (if any) at any one time. Concurrent logins are forbidden.
     2. End Users are allowed a maximum of three (3) attempts or retries to access the mPOS Device or mPOS Application. If the End User exceeds the maximum attempt and is blocked, you may unblock the access for such End User in your mPOS Portal.
  3. You will be provided with a user guide for more details on the usage of the Services and Log-on Details.
  4. You agree that you are responsible for any and all activity that occurs in your account, the mPOS Device and mPOS Application and shall be liable to pay increased licence fees on the basis of increased number of users.
  5. The right to your account, Log-on Details and other identifiers used for the Service 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.
  6. The Password is strictly private and confidential. You are encouraged to periodically change your Password especially when an End User is changed. End Users are not allowed to reuse any Password that has been previously used in the last three (3) Password changes. Maxis reserves the right to request you to reset or alter your Password from time to time.
  7. 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, (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. We shall not be liable for any loss or damage which you may suffer as a result of such invalidation and/or suspension.

• 8. mPOS Devices

  1. The mPOS Device provided is not manufactured by Maxis and the models are subject to availability.
  2. The mPOS Device is subject to the respective manufacturers’ or Licensor’s terms of use and warranty as may be imposed by them from time to time. Maxis reserves its sole and absolute right to change or replace the models of the mPOS Device without any prior notice at any time.
  3. Ownership of the mPOS Device shall pass to you upon full payment of the Charges for the Minimum Period of Service. Risk of the mPOS Device passes to you immediately upon your receipt of the same. Upon expiry of the Minimum Period of Service, you shall be solely responsible for the repairs of the mPOS Device at your own costs. You acknowledge and understand that the mPOS Device can only be used to access the Payment System when you continue to subscribe to the Services and maintain the license by paying the monthly Charges.
  4. You shall be liable for all damaged, lost or stolen mPOS Device whether or not the lost or damaged resulted from causes within your control. We reserve the right to charge you for the lost or stolen mPOS Device occurring during the Minimum Period of Service.

• 9. Warranty

  1. You acknowledge that the warranty for the mPOS Device (“Warranty”) is provided by the respective manufacturer or Licensor (“Supplier”) from the date of purchase.
  2. We will be responsible for the maintenance and repair of the mPOS Device during the Warranty period. You undertake to provide full cooperation in our maintenance and repair efforts. Although we endeavour in good faith to keep the mPOS Device in good repair, we are not liable to you for our failure to do so promptly or otherwise for the failure of the mPOS Device to operate properly due to your failure to comply with our instructions.
  3. In the event of any manufacturing defect with the mPOS Device provided to you during the Warranty period, you may contact us to arrange for a replacement.
  4. If a mPOS Device is found to be faulty during the Warranty period, the faulty mPOS Device will either be repaired or a replacement will be provided, provided always that the mPOS Device has not been tampered with or connected to any other unauthorized hardware or software and the fault is covered under Warranty. If the mPOS Device has been tampered with or the fault is found to be not covered under Warranty, additional Charges may apply for repairs or replacement of any faulty mPOS Device.
  5. You agree that you shall comply with any Maxis’ instruction to deliver the faulty mPOS Device for repairs. Maxis will notify you if there is any delivery costs involved.
  6. The Warranty does not cover defects or damages as a result of (i) natural wear and tear including but not limited to scratches, dents or surface coatings that have diminished over time, (ii) tampering of the mPOS Device, (iii) where the fault is found to be not covered under Warranty, (iv) damage due to water, drops, extreme heat /cold or pressure, (v) failure to comply with operating instructions relating to the use of the mPOS Device, (vi) improper use or interference by you or third parties, (vii) use of non-original components, (vii) Force Majeure events, or (ix) service (including upgrades and repairs) performed by anyone who is not a representative of Maxis or the Supplier, or (x) other reasons for which we and the Supplier are not responsible. You agree that charges will apply for replacement of any faulty mPOS Device in such circumstances.

• 10. Delivery

  1. All delivery dates given are estimates only and shall not be binding. We and the Supplier are not be responsible for any delays in delivery (including any purported binding agreed delivery dates) due to Matters Beyond Our Reasonable Control or other events that render delivery considerably more difficult or impossible (including difficulties in procuring materials, operational disruptions, principal courier company, customs, strikes, lock-out, shortages in transportation, directives or regulatory orders, including where these occur in relation to the Supplier's own supplier or their sub-contractors).
  2. Such delays shall entitle us and the Supplier to postpone the delivery for the duration of the hindrance including a further reasonable period or to rescind the order, in whole or in part. You will be promptly notified of such delay.
  3. You agree that partial deliveries may be rendered and the issuance of invoices may be on that basis.
  4. Upon receipt of the mPOS Device, you shall promptly inspect the mPOS Device to ensure that the right quantity has been delivered and that they conform to the agreement and specifications. You have five (5) days to report of any non-conformance or faulty mPOS Device failing which it shall be deemed that you have received the correct quantity and they are in good condition and working order.
  5. If you report of any non-conformance or faulty mPOS Device within the stipulated period, you shall not use, dispose of or alter the mPOS Device in any manner. You shall return the non-conforming or faulty mPOS Device as instructed. Any failure or refusal to do so shall void all warranties in relation to the mPOS Device.
  6. If the mPOS Device is determined to be non-conforming or faulty, it will be dealt with in accordance with Clause 9 (Warranty) above.
  7. You agree that you shall not rescind or cancel any order in the event of immaterial non-conformance. Should you elect to do so, in whole or in part, due to an immaterial non-conformance or failure to remedy, you agree that Maxis shall not be liable for damages based on the immaterial non-conformance or failure to remedy.

• 11. CRM

  When you subscribed to the CRM, the following additional terms under this Clause 11 shall apply to you.

  1. Our Content
     1. The compilation (including but not limited to the collection, arrangement and assembly) of all our Content in the Service is the exclusive property of Maxis or the Licensor, 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 Licensor and international copyright laws. You are only allowed to view and use our Content and Service for commercial purposes during the term of this Agreement. Our Content in the Service 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.
     2. We reserve the right to modify, add or delete any of our Content appearing on or in connection with the Service, at any time without prior notice.
     3. You may not frame or utilise framing techniques to enclose any of our Content, trademark, logo, or other proprietary information (including images, text, page, layout, or form) 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 without our prior written consent.
     4. You are entitled to use materials that we render available to you solely to use the Service 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. If you do not satisfy our demand, we shall be entitled to delete such materials at our sole discretion, with no liability on our side. In the aforementioned situations you will not be entitled to any reimbursement of any amount paid by you to us.
     5. 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 should not be construed as granting, by implication, estoppel or otherwise, any license or right to use the trademarks, trade names, logos, or service marks without Maxis’ prior written consent.
     6. You acknowledge and agree that by using the Service, 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 is at your own risk. We are not responsible nor do we endorse, support or guarantee the lawfulness, accuracy or reliability of any of our Content transmitted or displayed by or linked to the Service.
  2. Your Content
     1. 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.
     2. The Service allows you and/or your End Users to post, upload, send or otherwise make available Content on your Service. 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. 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.
     3. If you post, upload, send or otherwise make available Content which belongs to a third party, you undertake that you have obtained the consent of such third party, in addition to and not in derogation of your obligations resulting from these terms and conditions.
     4. 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 these terms and conditions, a court order or a decision of a competent public authority, respond to claims that any of your Content or your activity violates the law or the third party’s rights.
     5. While we are not required to pre-screen or control your activity related to the use of the Service, you consent to allowing us to access, review, screen and/or delete any of your Content, block or suspend access to the Service 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 or is otherwise objectionable. In the aforementioned situations we are not liable for the consequences of the measures taken.
     6. You should not post, upload or send Content that:
        1. violates or infringes a third party’s rights of publicity, privacy, copyright, trademark or other intellectual property right; or
        2. misrepresents or misleads; or
        3. bullies, harasses or intimidates; or
        4. slanders, defames or libels; or
        5. spams other users.
     7. You acknowledge and understand that your Content cannot be recovered if your account is terminated for any reason whatsoever. We are not liable for any loss or damage following, or as a result of, termination of your account, and it is your responsibility to ensure that your Content which you require is backed-up or replicated before termination.
     8. As the Service may be integrated with third parties’ applications, you authorize us to exchange any of your data, whether confidential or not, with the Service Providers so you can take advantage of integration between the mPOS Application and other applications. Any links to a third party service or website that you find in the mPOS Application or the Service Providers’ websites are provided for convenience only and we do not control or endorse any material or information found on those third party sites.

• 12. Minimum Period of Service

  You agree to be subject to a minimum period of service of twenty four (24) months from the activation date (“Minimum Period of Service”) of each license. Upon expiry of the Minimum Period of Service, the Service shall be automatically renewed on a monthly basis (“Renewed Term”) on the same terms and conditions unless terminated by either party by giving a thirty (30) days advance written notice.

• 13. Charges

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

• 14. Your responsibilities and obligations

  1. You acknowledge and agree that you shall:-
     1. comply and ensure that your End Users comply with the Licensor’s Terms; and
     2. use the Service only and directly related to your trade, business or profession. You shall not use the Service in any manner that could damage, disable, impair, disrupt, inhibit or otherwise interfere with other users from enjoying the Service or that could damage, disable, overburden or impair the functioning of the Service, the networks or security systems used to provide the Service; and
     3. always use caution when giving out any personally identifiable information about yourself or your personnel via the Service; and
     4. not carry out or permit to be carried out any copying, additions, improvements, adjustments, modifications, alterations, reverse engineering, replacements, reselling and/or redistribution of the Service without the prior written consent of Maxis. You shall use the mPOS Device and mPOS Application together and not separately or with any other system not authorized by us; and
     5. retain the Service at all times in the custody and control of yourself and not permit any third party to use the Service. Use of the Service by any third party shall be deemed to be use of the Service by you; and
     6. not store any information of the transactions done on your mPOS Device and mPOS Application in whatever manner and form; and
     7. install on the mobile device the most current operating systems required to run the mPOS Application and the most current version of the mPOS Application; and
     8. inot use any other device/hardware which contains illegal software or operating systems which is in breach of the license or Licensor’s Terms (eg. jail broken phones); and
     9. immediately contact us and the Acquiring Bank to block usage if you lose the mPOS Device; and
     10. not suspend the Service at any time. Service shall continue even if you suspend the Maxis connectivity service; and
     11. access the mPOS Application and mPOS Portal only through the interface provided by Maxis and not by any other automated means or interfaces; and
     12. use the Service at your own risk, including information and data you upload, input or provide when using the Service; and
     13. 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; and
     14. not use or permit the use of the Service 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
     15. use the Service according to the specifications, guidelines and recommendations and shall immediately disconnect or cease to use the Service at our request; and
     16. impose necessary restrictions and obligations on the End Users to ensure they uphold these terms and conditions as if the End Users were a party to this Agreement; and
     17. be adequately insured with a reputable insurer against all risks which a prudent person carrying on its business would insure against; and
     18. have obtained the express consent of any third parties or intended recipients and ensure they have not subsequently withdrawn such consent prior to sending any information or communication via the Service or part thereof to such recipients and agree to indemnify and hold Maxis for failure to obtain the consent from the recipients in violation of the Personal Data Protection Act 2010; and
     19. be responsible for obtaining and maintaining all licences, permits, consents, authorisations and intellectual property or other rights required for the use of the Service and other equipment and software in your name and at your expense; and
     20. ensure that all other equipment and software used in connection with the Service or part thereof are compatible and can properly function; and
     21. be responsible for any defect or deficiency in the goods or services supplied by you to the cardholders and shall resolve any complaint by a cardholder directly without involving Maxis; and
     22. be solely responsible for any data or 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; and
     23. use the Service in a manner consistent with all applicable laws and regulations; and
     24. inform us immediately of changes to the technical setup and any other material information regarding the technical infrastructure which may affect the Service.
  2. You undertake that you shall not:-
     1. install, connect, link or use or permit the installation, connection, linking or usage of any device(s) or software with the Service which is intended to damage or interfere with the proper and timely functioning of the Service, or may generate 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 services by us or any other service provider or to surreptitiously intercept any system, data or personal information from the Service nor any website owned or controlled by us and the Suppliers; and
     2. access or attempt to access, or to penetrate or attempt to penetrate, security measures of Maxis’ or the Service Providers’, software or hardware, electronic communications system, whether or not the intrusion results in the corruption or loss of data; and
     3. disrupt or undermine the security of the various networks and systems that are connected to the Service, or violate the regulations, policies, or procedures of such networks or systems. This may include any failure to update software use on your account that is known to be vulnerable to malicious activity or exploitation; and
     4. carry out or permit to be carried out any additions, enhancements, adjustments, modifications, alterations or replacements, reverse assemble, reverse engineer, hack, break into, tamper, attempt to discover source code, sell, resell, rent, lease, assign, sublicense, share, gift or otherwise attempt to transfer any right or interest in the mPOS Application, hosting service or Service or permit any other person or entity to access or use your account; and
     5. cause, nor knowingly allow others to cause, any embarrassment, distress, nuisance, annoyance, or inconvenience, whether to us or any of your customers by any means via the Service; and/or
     6. contravene any applicable laws of the country of domicile of the Service and the laws of Malaysia and not to infringe any Intellectual Property rights of the Service; and
     7. use the Service for any purpose that is unlawful or prohibited or disrupt the integrity or performance of the Service or interfere with the enjoyment or use by any other party of the Service; and
     8. use the Service to store or transmit infringing, libellous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights or malicious code; and
     9. use the Service in a manner that results in distribution of viruses, trojan horses, worms, time bombs, cancelbots, or other similar harmful or damaging programming routines which are designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunication equipment; and
     10. use any robot, spider, crawler, scraper or extract other users’ information; and
     11. use or develop any third party applications that interact with other users’ Content or the Applications without our prior written consent; and
     12. attempt to circumvent any content-filtering or gain or attempt to gain unauthorised access to related systems or networks of the Service; and
     13. impersonate any corporation or entity including but not limited to falsely stating or otherwise misrepresenting your affiliation with a corporation or entity; and
     14. attempt to prove, scan or test the vulnerability of the Service; and
     15. monitor without authority any Content or traffic on any network or system; and
     16. circumvent any user authentication or security of any host, network or account (cracking or hacking); and
     17. use the Service to maliciously create, offer, facilitate the publishing, printing, distribution or dissemination of any false or misleading news or publication containing false or misleading news.
  3. Subject to the terms of termination, you may terminate the Service by giving us thirty (30) days’ advance written notice.

• 15. Maxis Rights

  1. We are entitled, at our sole discretion and without liability, to alter, change, modify or replace any features or functionalities of the Service in whole or any part thereof at any time, or withdraw or suspend, disconnect or terminate the Service or any part thereof and we will not be liable to you or any third party for any loss (including loss of revenue), loss of Service or connectivity or inconvenience as a result thereof. We shall be entitled to use a group company or other service providers for the provision of the Service. Where reasonably practicable, we will endeavour to give you advance notice of such changes, be it through written notice, electronic mail, our bill, our website or such other form as we deem appropriate.
  2. You acknowledge that the Service Providers may modify or replace any software or add, remove, suspend of stop any features or functionalities of the mPOS Portal and mPOS Application and we may change, remove or add any suppliers or service providers relating to the provision of the Service at any time without notice to you.
  3. Without prejudice and/or limiting our rights and remedies available to us, we may do any one or all of the following if you breach any of these terms and conditions:-
     • issue a warning to you;
     • deny or limit your access to the mPOS Portal and mPOS Application or Service;
     • suspend or terminate the mPOS Portal and mPOS Application or Service;
     • refuse to provide any other products or services to you.
  4. Maxis reserves the right to suspend the Service or any part of them for operational reasons or in an emergency.
  5. You acknowledge and agree that it may take up to 48 hours for any Service to be recommenced or restored.

• 16. Disclaimer and Liability

  1. YOU AGREE THAT THE SERVICE, 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 ANY OTHER NETWORK.
  2. IN ADDITION TO AND NOT IN DEROGATION OF THE GTC, WE EXCLUDE ANY LIABILITY RELATED TO IT 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, WHETHER BY YOU OR ANY OTHER THIRD PARTY. RISK PASSES TO YOU IMMEDIATELY UPON ACTIVATION OF THE SERVICE.
  3. WE DO NOT CONTROL OR ENDORSE THE CONTENT, MESSAGES OR INFORMATION FOUND IN THE SERVICE AND, THEREFORE, WE SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO THE SERVICE AND ANY ACTIONS RESULTING FROM YOUR USE OF THE SERVICE.
  4. WE ARE NOT LIABLE FOR ANY UNAUTHORISED ACCESS OR USE OF THE SERVICE (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.
  5. MAXIS IS NOT RESPONSIBLE NOR LIABLE FOR:-
     1. THE DISBURSEMENT OF TRANSACTION REVENUES OR SETTLEMENT REPORTS VIA THE SERVICE TO YOUR BANK ACCOUNTS, NOR ANY CALCULATION OF ANY DISCOUNTS OR TAXES THAT MAY APPLY FOR EACH TRANSACTION; AND
     2. ANY DIRECT OR INDIRECT DAMAGES, LOSSES, FRAUD, THEFT, CHARGEBACK OR OTHER DAMAGES INCURRED BY YOU, YOUR CUSTOMERS OR THIRD PARTIES, OR ANY CLAIMS AGAINST YOU IN RELATION TO YOUR USE OF THE SERVICE.
  6. WE DO NOT RECOMMEND THE USE OF THE SERVICE WHERE THE RISK OF NON-CONNECTION OR LOSS OF CONNECTION OF THE SERVICE 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 BY YOU. ACCORDINGLY YOU MAY ONLY USE THE SERVICE IF YOU ACCEPT ALL SUCH RISK AND INSURE ACCORDINGLY.
  7. THE SERVICE 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. ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, INDEMNITIES, AND GUARANTEES WITH RESPECT TO THE SERVICE, 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 OF MERCHANTABILITY, SATISFACTION, FITNESS FOR PARTICULAR PURPOSE OR NON-INFRINGEMENT) ARE HEREBY OVERRIDDEN, EXCLUDED AND DISCLAIMED.
  8. MAXIS DOES NOT GUARANTEE THAT (A) THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT MAXIS WILL CORRECT ALL ERRORS IN THE SERVICE; (B) THE SERVICE WILL OPERATE IN COMBINATION WITH YOUR CONTENT OR YOUR APPLICATIONS, OR WITH ANY OTHER SOFTWARE, HARDWARE, SYSTEMS, OR DATA; (C) THE SERVICE, 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.
  9. YOU ACKNOWLEDGE THAT THE SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN COMMUNICATIONS FACILITIES AND NETWORKS, INCLUDING THE INTERNET. MAXIS IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
  10. YOU AGREE THAT MAXIS RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO THE SERVICE AT ANY TIME WITHOUT NOTICE.
  11. YOU ARE SOLELY RESPONSIBLE FOR ANY CONTENT, APPLICATION, SOFTWARE, OR NON-MAXIS MATERIALS THAT YOU LOAD INTO OR USE TOGETHER WITH THE SERVICE OR CREATE, AND YOU AGREE, AT YOUR SOLE COST AND EXPENSE, TO DEFEND MAXIS AGAINST ANY CLAIM AND INDEMNIFY MAXIS FROM ANY DAMAGES, LIABILITIES, COSTS AND EXPENSES OR THE SETTLEMENT AGREED TO BY YOU, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY SUCH CONTENT, APPLICATION, SOFTWARE, OR NON-MAXIS MATERIALS.

• 17. Termination

  1. If you terminate the Service before the expiry of the Minimum Period of Service, you agree to pay Maxis the early termination charge per license. The calculation for the early termination charges shall be: The monthly commitment fees of each license X the balance of the Minimum Period of Service (“Early Termination Charge”)
  2. If you (i) downgrade the Service Plan (ii) re-sell, re-supply, transfer and/or assign/novate the Service license to a third party, or (iii) change, transfer or assign/novate the Service to a different payment responsible accounts, we are entitled to terminate the Service. You will be charged with the Early Termination Charge. Upon any re-subscription of the Service by you, the Minimum Period of Service shall begin anew. If you upgrade to a Service Plan with a higher monthly recurring charge, you will not be required to pay the early termination charge for the previous Plan and the Minimum Period of Service of the new Plan subscribed by you shall start afresh.
  3. We reserve our right to retrieve the mPOS Devices from you if termination is before the expiry of the Minimum Period of Service.
  4. If you no longer subscribe or terminate any license after the Minimum Period of Service:-
     1. for the terminated license, the affected User ID assigned to you to access the mPOS Device and mPOS Application (if any) will be invalidated; and
     2. the mPOS Device will not function to enable payment transactions if signed in via the affected User ID.
  5. If you no longer subscribe to the Services after the Minimum Period of Service:-
     1. the Log-on Details assigned to you to access the Service will be invalidated; and
     2. you will no longer have access to the mPOS Device, mPOS Portal and mPOS Application (if any).
  6. In addition to and not in derogation of Clause 19 of the GTC, we reserve our right to terminate the Service at any time if you breach any of the terms and conditions of the Agreement and/or those of the Merchant Agreement and fail to rectify such breach within any stipulated period.
  7. Once the Service or any of its parts or features are terminated, suspended or downgraded, certain processes that took place with respect to your account, set or planned campaigns, collected data and other information, cannot be reversed, and we shall bear no responsibility for consequences resulting therefrom.
  8. We reserve the right without liability, to discontinue or terminate the Service or any part thereof for whatever reason including but not limited to reason of non-payment without any notice to you.
  9. You shall still be liable for all monies due and owing by you as at the date of discontinuance or termination.