|
The following are the terms and conditions for use of TM Rewards website offered by Telekom Malaysia Berhad ("TM") (each feature individually and collectively referred to as the "Service"). Please read them carefully. This Website is provided to individuals who are at least 18 years old or minors who have parental permission to use and access this access. BY CLICKING THE "ACCEPT" BUTTON AND COMPLETING THE REGISTRATION PROCESS, YOU ARE STATING THAT YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS OF THE SERVICE. If you do not accept these terms and conditions, please immediately discontinue your access to this website and/or use of the services. The Website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. 1. MEMBER ACCOUNT, PASSWORD, AND SECURITY To become a member, you must complete the registration process by providing us with current, complete and accurate information as prompted by the Registration Form. You then will choose a password and user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to: -
Notify TM immediately of any unauthorised use of your account or any other breach of security, TM shall be given a reasonable time to deactivate your username and password. -
Ensure that you exit from your account at the end of each session. TM cannot and will not be liable for any loss or damage arising from your failure to comply with this section 1. -
Ensure to clear any "cache" so there is no record of any transactions left on screen. TM will comply with its Privacy and Security policy in dealing with any information associated with your use of the services. You must not breach or permit a breach of any other person's privacy in using the services, including without limitation using another person's username and password. 2. USE OF YOUR PERSONAL INFORMATION You acknowledge and agree that TM may preserve your personal information and may also disclose the same if required to do so by law or in the good faith belief that such preservation or disclosure is necessary to: -
Conform to legal requirements or comply with legal process; -
Protect and defend the rights or property of TM; -
Act to protect the interests of its members or others; and -
Enforce the term and condition. TM will collect, store, compile and utilise information about you and your use of this Website including without limitation, information regarding the websites you visit. In addition, TM will collect, store, compile and utilise information that you provide in response to its questionnaires, surveys, polls and registration forms and/or in views or opinions that you provide in its bulletin board service. TM may provide certain information and data about you (including information about your computer system and platform) to third parties including advertisers, clients, marketing organisations and others that TM may select. However, TM will not disclose your name, address, telephone number, credit card number(s), e-mail addresses or other personal identifying information, unless you give TM consent to do so or except as provided for in the Privacy Statement or as may be required by law or pursuant to any request or directives by regulatory authorities or governmental bodies or agencies. Please review the Privacy Statement which can be found at the end of these Terms and Conditions. 3. LINKS TO THIRD PARTY SITES Links from or to outside website are meant for convenience only. Such linked websites are owned and operated by third parties and as such are not under the control of TM. Therefore the TM shall not be responsible and makes no warranties in respect of the contents of those websites, the third parties named therein or their products and services. Furthermore, the links provided in this website shall not be considered an endorsement or verification or approval of such linked websites or the contents therein. Linking to any other site is at your sole risk and the TM will not be responsible or liable for any damages in connection with linking. It is advisable for you to read the privacy policy statements (if any) of any websites which are linked to this website. 4. REDEMPTION OF THIRD PARTY PRODUCTS & SERVICES Offers and privileges offered for redemption in this website is operated by third parties and as such are not under the control of TM. Therefore the TM shall not be responsible and makes no warranties in respect of the availability of the products and services as well as its quality of products and services. Furthermore, the products and services provided for redemption in this website shall not be considered an endorsement or verification or approval of such products or services by TM. Redemption and usage of any of the products and services offered by third parties in the website is at your sole risk and TM will not be responsible or liable for any damages in connection with the products and services. It is advisable for you to read the privacy policy statements and terms and conditions of the offered products and services (if any). 5. DISCLAIMER OF WARRANTIES The materials and information in this website, including but not limited to services, products, information, data, text, graphics, audio, video, links or other items, are provided by TM on an 'as is' and 'as available' basis and may include inaccuracies or typographical error. Changes are periodically added to the information therein. TM and/or its respective suppliers may make improvements and/or changes in the Service at any time. TM does not represent or warrant that the Service will be uninterrupted or error-free, that defects will be corrected, or that the Service or the server that makes it available, are free of viruses or other harmful components. TM does not warrant or represent that the use or the results of the use of the products and services or the materials redeemed from the third party offers, as part of TM Rewards will be correct, accurate, timely, or otherwise reliable. TM expressly disclaims to the fullest extent permitted by law all express, implied and statutory warranties, including without limitation, the warranty of non-infringement of intellectual property rights. TM does not make any express or implied warranties, representations or endorsements including but not limited to any warranties of title, non-infringement, merchantability, usefulness, operation, completeness, currentness, accuracy, satisfactory quality, reliability, fitness for a particular purpose in respect of the website, the material, information and/or functions therein and expressly disclaims liability for errors and omissions in such materials, information and/or functions. Without derogation of the above and/or the terms and conditions of the applicable agreements governing all the products and services of TM, reasonable measures will be taken by TM to ensure the accuracy and validity of all information relating to transactions and products of TM which originate exclusively from TM. 6. LIMITATION OF LIABILITY You specifically agree that TM shall not be responsible for unauthorised access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the Service. You specifically agree that TM is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. You specifically agree that TM is not responsible for any content sent using and/or included in the Service by any third party. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTIAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM: -
THE USE OR INABILITY TO USE THE SERVICE; -
THE PROVISION OR FAILURE TO PROVIDE THE SERVICE; -
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; -
ANY INFORMATION OR SERVICES OBTAINED THROUGH THE SERVICE OR ANY OTHER MATTER RELATING TO THE SERVICE WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE (EVEN IF TM HAS BEEN ADVISED OF THE POSSIBILITIES OF SUCH DAMAGES). 7. INDEMNITY You hereby irrevocably agree to indemnify and keep indemnified TM from all liabilities, claims, losses and expenses, including any legal fees that may be incurred by TM in connection with or arising from -
your use or misuse of this website and the services provided herein, or -
your breach of these terms and conditions howsoever occasioned, or -
any intellectual property right or proprietary right infringement claim made by a third party against TM in connection with your use of this website. 8. PROPRIETARY RIGHTS You acknowledge and agree that the Service and any necessary software used in connection with the Service (referred to as "the Software") contains proprietary and confidential information that is protected by applicable intellectual property and other laws. TM grants you a revocable personal, non-transferable and non-exclusive license to use the software for viewing and otherwise using the particular Service in accordance with the term and condition and for no other purpose, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You also may not, without TM expressed prior written consent, insert a link to this website on any other server. Any such unauthorised reproduction, retransmission or other copying or modification of any of the contents of TM website may be in breach of statutory or common-law rights which could be the subject of legal action. TM disclaims all liability which may arise from any unauthorised reproduction or use of the contents of this TM website. 9. TERMINATION TM may terminate your access to any part or all of the Service and any related service(s) at any time, with or without cause, with or without notice, effective immediately, for any reason whatsoever. TM may also terminate or suspend your account for inactivity, which is defined as failing to sign-in to the Service for an extended period of time, as determined by TM. You agree that TM shall not be liable to you or any third party for any termination of your access to the Service. 10. MODIFICATIONS TO TERMS OF SERVICE TM reserves the right to change the term and condition or policies regarding the use of the Service at any time and to notify you by posting an updated version of the term and condition on this Web site. You are responsible for regularly reviewing the term and condition. Continued use of the Service after any such changes shall constitute your consent to such changes. 11. MODIFICATION TO THE SERVICE TM reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that TM shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. 12. GENERAL The TERM AND CONDITION constitutes the entire agreement between you and TM and governs your use of the Service. These terms and conditions are meant to regulate your access to this website and they are to be read together with the applicable terms and conditions governing any transaction (s), product (s) and/or service (s) provided in this website. In the event of conflict between these terms and conditions and term and condition governing any transaction(s), product(s) and/or service(s) provided herein the latter will prevail. You agree that no joint venture, partnership, employment or agency services exist between you and TM as a result of your acceptance of the term and condition and use of the Service. The term and condition will be governed by and construed in accordance with the laws of Malaysia. You hereby irrevocably consent to the exclusive jurisdiction of the high court of Malaya in all disputes arising out of or relating to the use of the service. The section titles in the term and condition are for convenience only and have no legal or contractual effect. 13. TRADEMARK All trademarks, service marks, and logos displayed in this website are the property of TM and/or their respective third party proprietors as identified in the website. Unless the prior written consent of TM or the relevant third party proprietor of any of the trademarks, service marks or logos appearing on the website has been obtained, no license or right is granted to any party accessing this website to use, download, reproduce, copy or modify such trademarks, services marks or logos. Similarly, unless the prior written consent of TM or the relevant proprietor has been obtained, no such trademark, service mark or logo may be used as a link or to mark any link to TM website or any other site. Exclusion of Liability TM and/or its partners herein shall in no event be liable for any loss or damages howsoever arising whether in contract, tort, negligence, strict liability or any other basis, including without limitation, direct or indirect, special, incidental, consequential or punitive damages, or loss profits or savings arising in connection with your access or use or the inability to access or use this website (or any third party link to or from TM website), reliance on the information contained in the website, any technical, hardware or software failure of any kind, the interruption, error, omission, delay in operation, computer viruses, or otherwise. This exclusion clause shall take effect to the fullest extent permitted by law. 14. MISCELLANEOUS The failure of TM to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. If any part of these terms and conditions is determined to be invalid or unenforceable pursuant to applicable law, then the invalid and unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the other provisions of the terms and conditions shall continue in full force and effect. Any rights not expressly granted herein are reserved. 15. LAW AND JURISDICTION These terms and conditions are governed by and are to be construed in accordance with the laws of Malaysia. By accessing this website and/or using the services provided herein by TM, you hereby consent to the exclusive jurisdiction of the Malaysian courts in Kuala Lumpur, Malaysia in all disputes arising out of or relating to the use of this website. TM makes no representation that the materials, information, functions and/or services provided on this website are appropriate or available for use in jurisdictions other than Malaysia. 16. COPYRIGHT AND TRADEMARK NOTICES All contents of the Service are: Copyright © 2004 Telekom Malaysia Berhad and/or its suppliers. All rights reserved.
|
