MAXIS DEVELOPER PROGRAMME (MDP)WEBSITE
TERMS AND CONDITIONS OF USE
By accessing and using this website its content and the Service (as hereinafter defined) you accept without limitation or qualification, all of these Terms and Conditions which take effect on the date which you first use the website, its content and the Service. Maxis reserves the right to change these terms and conditions at any time by posting changes online without prior notice. You are responsible for reviewing regularly information posted online to obtain timely notice of such changes. By using this website, its content and the Service you agree in advance to accept any changes, amendments and/or modifications that may be made at the sole discretion of Maxis form time to time without giving you prior notice. All references to Maxis in these Terms and Conditions other than the reference to the word ‘Maxis’ as a trademark in the Trademark Notice below shall mean Maxis Multimedia (530188-A). If you do not agree to these Terms and Conditions, please DO NOT use this website, its content and the Service.
Description of Service
You are allowed to preview and download and/or use via General Packet Radio Service (“GPRS”) and Short Message Service ("SMS"), applications and content ("Service"). To download the Service, you will need to subscribe to GPRS and use download-compatible phones.
Cost of Service
You will be charged for the Service at the rates prescribed by Maxis from time to time and payable in accordance with Maxis' policy and requirement. Please check against the specific download for the relevant price.
Payment
You hereby agree to promptly pay all amounts due to Maxis as reflected in your official monthly bill statement and for all charges whatsoever for occasioned by the use of the Service irrespective of whether the such charges were authorized by you or has arisen from any other causes whatsoever. Your order details will be furnished to you in the said official monthly bill statement.
Equipment
You will need to provide all mobile phone equipment required to use the Service and you will be liable to pay Maxis for all costs incurred using the Service. By using the Service you confirm that you understand that your mobile phone must support the relevant download functions for the Service to operate.
Delivery of Service
After receiving your download request, Maxis will send the relevant items to be downloaded to the given telephone number. If your download request is insufficient or incorrect or if Maxis for any other reason considers it necessary, Maxis has the right to decline to send the requested download item without further notice to you.
Maxis shall not be liable in any way for failures, defects or delays in the delivery of the requested download item for any reason whatsoever. You are responsible for all charges incurred if you accidentally erase, replace or delete one of the requested download items which is sent to you.
Termination and Suspension
Maxis reserves the right to cancel, withdraw, terminate or suspend the website, its content and 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 cancellation, withdrawal, termination or suspension.
Copyright Notice
This website, its contents and the Service including but not limited to text, graphics, images, logos, button icons, audio clips, and software are owned or controlled for these purposes by Maxis or its content suppliers and are protected by copyright, trademarks and other laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this website and the Service are the exclusive property of Maxis or its content supplier and protected by copyright. All software used on this website is the property of Maxis or its software suppliers and protected by copyright.
Trademark Notice
This website and its content includes registered trademarks and trademarks which are the subject of pending applications or which are otherwise protected by law including without limitation, the word ‘Maxis’ and the Maxis logo. Unless otherwise indicated, the trademarks on this Website are owned by Maxis Multimedia Sdn Bhd (530188-A),Maxis Broadband Sdn Bhd (234053-D), Maxis Mobile Sdn Bhd (229892-M) or Maxis Communications Berhad (158400-V) and are used under authority by Maxis Multimedia Sdn Bhd, Maxis Broadband Sdn Bhd, Maxis Mobile Sdn Bhd or Maxis Communications Berhad respectively as the case may be, and may be the subject of rights in other countries.
You may not use such trademarks or names, except as permitted in these Terms and Conditions or otherwise with the lawful owner's prior written permission.
This website, its content and the Service may also contain the trademarks of content suppliers which are protected by law, and you may not use these trademarks.
No Implied License
Nothing contained in this website, its content and the Service shall be construed as conferring by implication, estoppel or otherwise, any license or right under any patent, trademark, copyright (except as expressly provided in these Terms and Conditions) or any proprietary rights of Maxis or its licensors.
Use of Website
The materials used and displayed on this website may not be copied, reproduced, republished, downloaded, posted, distributed, disseminated, sold, published, broadcast or transmitted in any way except for your own personal non-commercial home use. Any other use requires the prior written permission of Maxis. You agree not to adapt, alter or create a derivative work from any of such materials or use them for any other purpose other than for your personal non-commercial use.
You agree to use this website only for lawful purposes, and in a manner which does not infringe the rights of, or restrict or inhibit the use and enjoyment of this website by any third party. Such restriction or inhibition includes, without limitation, conduct which is lawful, or which may harass or cause distress or inconvenience to any person, the transmission of obscene or offensive content or of defamatory, racially or ethnically objectionable material of any kind or disruption of normal flow of dialogue within this website. You will be responsible for and indemnify and hold harmless Maxis, its related and affiliated corporations, and their respective agents and representatives against any claim arising from any material that you post or transmit.
Maxis, its related and affiliated corporations, and their respective agents and representatives shall not be responsible for material submitted to Maxis or posted in chat rooms, bulletin boards and other user created pages which allow you and other users to post information, provide feedback about Maxis, and interact in real time. By communicating with Maxis, you grant Maxis and its related and affiliated corporations permission to use any information, suggestions, ideas, drawings or concepts communicated for any purpose Maxis chooses, commercial, public or otherwise without compensation whatsoever. Maxis reserves the right, in its sole discretion, to remove or modify or refuse to post any material submitted to or posted on the chat rooms, bulletin boards or in other areas of this website at any time. You acknowledge that Maxis and its related and affiliated corporations, and their respective agents and representatives do not control the information available on the bulletin boards and other user generated pages on this website and that any opinion, advice, statements, services, offers or other information or content presented or disseminated therein are those of their respective authors who are solely responsible and liable for their content.
Use of Information
Maxis may from time to time enable visitors to its site to post reviews of and comments on products and services featured on the site. Any information provided by, or obtained from you or your use of this website shall be deemed to be non-confidential and non-proprietary and Maxis, its related and affiliated corporations shall be free to reproduce, use, disclose and distribute information to others without limitation and without cost or compensation to you. Additionally, Maxis, its related and affiliated corporations shall be free to use such information for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such information or for publicity purposes.
Linked Sites
This website may contain links to third party sites. Maxis, its affiliated and related corporations are not responsible for the condition or content of those sites as they are not under Maxis', its related or affiliated corporations’ control. The link(s) are provided solely for your convenience and do not indicate, expressly or impliedly, any endorsement, authorisation or sponsorship by Maxis, its related and affiliated corporations’ of those site(s) or the products or services provided there. You access those sites and use their products and services solely at your own risk. Maxis is not responsible for any transactions you may perform on those sites.
Disclaimer
This website and the information, names, images, pictures, logos and icons regarding or relating to Maxis, its products and services or to third party products and services, 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 the content, information, services, products or materials included on this website including but not limited to, all warranties of merchantability, fitness for a particular purpose, title, non-infringement, compatibility, security and accuracy. In no event shall Maxis, its related and affiliated corporations, their respective agents and representatives; suppliers, vendors or merchants who have a presence on this site 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 website.
Maxis, its related and affiliated corporations do not warrant that the functions contained in the material contained in this website will be uninterrupted or error free, that defects will be corrected, or that this website or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials.
Miscellaneous
If there is any conflict between these Terms and Conditions and rules and/or specific terms of use appearing on this website relating to specific material then the latter shall prevail.
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.
These Terms and Conditions shall be governed by and construed in accordance with the laws of Malaysia without reference to any principle of conflict of laws. Disputes arising out of or related to this website shall be exclusively subject to the jurisdiction of the courts of Malaysia.
If these Terms and Conditions are not accepted in full, the use of this website must be terminated immediately.
This website may be accessed throughout Malaysia and overseas. Maxis, its related and affiliated corporations make no representation that the content of this website complies with the laws (including intellectual property laws) of any country outside Malaysia. If you access this website from outside Malaysia, you do so at your own risk and are responsible for ensuring compliance with all laws in the place where you are located.
Maxis Privacy Statement
At Maxis, we recognise that you are a unique individual with your own distinct preferences. Our aim is to provide you with information and services which are most relevant to you. In order to achieve this, we need to get to know you and collect information to understand what differentiates you from each of our other users. We collect information about you in two ways.
Registration
First, you may provide us with certain information such as your name, identity card or passport number, postal address, date of birth and sex when registering an interest to purchase a product or service included on the site. This information is used for purposes such as personalization and verification.
Cookies
Second, we may track your visit to this site by giving you a "cookie" when you enter. Cookies are pieces of information that websites transfer to your computer's hard drive for record-keeping purposes. Maxis uses cookies to make visiting our sites and our partner sites easier. Cookies allow us to save passwords and preferences for you so that you will not have to re-enter them the next time you visit. Cookies also help us track user trends and patterns. Cookies also help us collect anonymous click stream data for tracking user trends and patterns. In addition, third party advertising networks may issue cookies when serving advertisements. The use of cookies is now an industry standard, and you will find them used on most major websites. Most browsers are initially set up to accept cookies. If you prefer, you can reset your browser either to notify you when you have received a cookie, or to refuse to accept cookies. You should understand that areas of certain sites may not function properly if you set your browser to not accept cookies.
Use of Personal Information
Any information you provide to Maxis when registering for any services or purchases on this website is maintained and accessible only by Maxis, its related corporations or affiliates. Maxis may use this information to offer you the opportunity to receive notices regarding other Maxis products or services or products or services of Maxis’ related and affiliated corporations and to further personalize your user experience. Maxis may also use this information to send materials to you for marketing purposes, but Maxis will take commercially reasonable steps to safeguard the information from unauthorised access, and unless we specifically disclose it to you at the time of collection, we will not make customer specific information that is gathered available to unaffiliated organisations for commercial purposes unrelated to the business of Maxis and its related and affiliated corporations.
Maxis will not disclose any information about any individual user except to comply with applicable law or request or directive from any regulatory authority or governmental body or agency or other valid legal process or to protect the personal safety of our users or the public.
Sharing of Information
The individually identifiable information that you provide will be used extensively within Maxis and its related and affiliated corporations to provide a personalised experience to you. Except as described in this Privacy Statement, Maxis will not wilfully disclose individually identifiable information about its users to anyone outside Maxis’ related or affiliated corporations without first receiving that user’s permission, preventing this information from appearing in unauthorized mailings and other solicitations.
Any modifications to this statement will be posted in this space. We welcome any questions or comments you have; please direct them to mdp@maxis.com.my. Your experience is extremely important to us and we respect your rights.
Rules of Acceptable Use
These Rules of Acceptable Use (‘Rules’)constitute an integral part of these Terms and Conditions and by using the Services, you signify your agreement to be bound by all terms, conditions, and notices contained or referenced in these Terms and Conditions including without limitation these Rules.
Maxis reserves the right to modify these Rules at any time, effective upon posting of the modified Rules at http://mdp.maxis.com.my. Any modifications to these Rules will be made at Maxis' sole discretion and it is your responsibility to ensure your awareness of any such changes.
You undertake NOT to use the website, its content and the Service in a manner that may infringe the rights or restrict the use and enjoyment of the website, its content and the Service 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 Maxis 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 Maxis' system(s);
• Circumventing any user authentication or security of any host, network or account (cracking or hacking); and
• Reselling or providing the website, its content and the Service or any part thereof to another person or entity for profit or otherwise.
Maxis may in its absolute and unfettered discretion delete or amend the website, its content and the Service and remove or refuse anything that violates the above acceptable use. Maxis reserves the right to investigate potential abuses of the Rules and Maxis will fully co-operate with investigations of suspected criminal violations, violations of system or network under the leadership of law enforcement or relevant authorities. Maxis further reserves the right to suspend or terminate your account or right to access the website, its content and the Service if is discovered that you have violated or attempted to violate any term of the Rules.
Maxis reserves the right to make modifications to the Rules at any time by posting changes online without prior notice. Please check these Rules periodically for changes. Your continued use of this website, its content and the Service following the posting of any changes to the Rules of constitutes acceptance of those changes.