PLEASE READ THESE TERMS CAREFULLY. PLEASE NOTE
THAT SERVICES COVERED BY THIS AGREEMENT MAY NOT BE CANCELLED BY
YOU OTHER THAN AS DETAILED IN THESE TOS ONCE THE PROVISION OF
THOSE SERVICES HAS COMMENCED. IF YOU DO NOT AGREE WITH THESE TERMS,
YOU SHOULD NOT PROCEED ANY FURTHER ON THIS WEBSITE OR WITH USAGE
OF SMS SERVICES. OTHERWISE YOU AGREE TO USE THE SERVICES ON THE
TERMS SET OUT IN THIS AGREEMENT. WE MAY NEED TO VARY THESE TERMS
FROM TIME TO TIME AND ANY SUCH CHANGES WILL BE UNDERTAKEN IN ACCORDANCE
WITH CLAUSE 11.2 BELOW. PLEASE CHECK THIS SITE REGULARLY AS WE
WILL NOTIFY YOU HERE OF ANY SUCH CHANGES.
1 Introduction
1.1 Service Description. This service is brought
to you by Star Publications (Malaysia) Bhd 10894-D ("THE
STAR") and Matrix Internet & Wireless Sdn Bhd 461312-P
("MATRIX"). THE STAR and MATRIX provides Mobile handset
users with access to Mobile products and services through its
on-line (World Wide Web), SMS (Short Message Service), and WAP
(Wireless Application Protocol) services (the "Service").
1.2 Applicable terms and conditions. The Service and any products
and services which may be accessed through the Service are made
available to you subject to these Terms of Services ("TOS").
The TOS are in addition to any THE STAR/MATRIX or third party
terms and conditions applicable to products and services, which
may be posted from time to time in connection with such products
and services ("Specific Terms"). In case of any discrepancy
between the TOS and such Specific Terms the latter shall prevail.
2 Conclusion of contract
2.1 Invitations to order. Unless otherwise expressly
indicated, no information presented in the Service or in connection
with any products and services shall be deemed as a binding offer
by THE STAR/MATRIX, but an invitation for you to order.
2.2 Contract for the Service. The contract for
the Service between you and THE STAR/MATRIX shall be deemed concluded
when THE STAR/ MATRIX, upon your request (order), have provided
you with access to the Service, and the information and/or services
that you requested have been delivered.
2.3 Assignment. You may not assign or otherwise
transfer the contract or assign, transfer or sub-license any of
your rights thereunder. THE STAR/MATRIX shall have the right to
assign its rights and obligations under this contract and any
receivables based on this contract to a third party of which notice
in writing will be given to you provided such assignment is made
under terms no less favourable to you than those in this TOS.
After a notice concerning the transfer of receivables, payments
shall be valid only when made to the new service provider.
3. Access to the Service
3.1 Equipment and Software. In order to use the
Service, you must have a mobile communications subscription or
otherwise have access to the Service on the network in which THE
STAR/MATRIX make the Services available ("Subscription"),
and pay any service fees associated with such access. In addition,
you must provide all equipment and software necessary to make
such connection, including a mobile hand set or other access device
and ensure that they are in working order and suitable for use
in connection with the Service. You are responsible for ensuring
that that equipment and software do not disturb or interfere with
THE STAR/MATRIX's operations. Any equipment or software causing
interference shall be immediately disconnected from the Service.
3.2 Access without registration. THE STAR/MATRIX
provides you with access to Services without you registering as
a user. In that case your identification is based on other means
of identification that THE STAR/MATRIX deems appropriate. Identification
is typically based on data identifying your Subscription, such
as your Subscription number or MSISDN number provided by your
network operator. You agree that such information may be collected
and dis-closed to THE STAR and MATRIX and used in accordance with
section 4.1.
4. Processing of your information
4.1 Privacy. THE STAR and MATRIX are committed
to the privacy of their customers. You acknowledge that THE STAR
and MATRIX collect and process Registration Data and information
on your use of the Service including the personally identifiable
information contained therein for reasonable purposes and you
consent to such practices.
5. Service Obligation
5.1 Reasonable efforts to maintain the Service.
THE STAR/MATRIX shall use reasonable efforts to keep the Service
(or individual services supplied by THE STAR/MATRIX) available
in accordance with the information that you have received about
it at the date of this Agreement. THE STAR/MATRIX may suspend
the Service for repair, maintenance, and/or upgrade work. In such
a case, THE STAR/MATRIX shall aim at keeping the said interruption
short and at causing as little inconvenience to you as reasonably
possible.
5.2 Right to modify services. THE STAR/MATRIX
shall have the right to provide the Service as it deems best but
will try to ensure that the Service is of no lesser standard than
as at the date these TOS were entered into. THE STAR/MATRIX reserves
the right to modify or discontinue, temporarily or permanently
the Services provided. If a service is or the Services are to
be permanently discontinued by THE STAR/MATRIX will notify you
of this fact.
5.3 Service Upgrades. If any upgrade in a service
requires changes in your equipment or software, you must effect
these changes at your own expense. THE STAR/MATRIX shall inform
you of any such alterations in the Service in advance. Unless
explicitly stated otherwise, any new or additional features that
augment or enhance the current Services, including the release
of new services, shall be subject to the TOS.
6. LIMITED WARRANTIES
6.1 NO WARRANTIES OTHER THAN THOSE CONTAINED IN THE TOS
ARE PROVIDED. THE SERVICE (AND ANY SERVICES AVAILABLE
THROUGH THE STAR/MATRIX'S SERVICES) ARE OFFERED TO YOU ON AN "AS
IS", "WITH ALL FAULTS" AND "AS AVAILABLE"
BASIS WITHOUT WARRANTIES OF ANY KIND SAVE AS PROVIDED IN THESE
TOS AND AS REQUIRED BY THE LAW APPLICABLE TO THESE TERMS OF SERVICE.
YOUR USE OF THE SERVICES AND/OR ANY INFORMATION, DATA, TEXT, SOFTWARE,
MUSIC, SOUND, PHOTOGRAPHS, GRAPHICS, VIDEO, MESSAGES OR OTHER
MATERIALS TRANSMITTED THROUGH OR MADE AVAILABLE USING THE SERVICE
("CONTENT") IS AT YOUR OWN RISK AND THE USE BY YOU OF
THE SERVICES MUST COMPLY WITH INSTRUCTIONS GIVEN BY THE STAR/MATRIX
FROM TIME TO TIME.
6.2 SERVICES. THE STAR/MATRIX MAKE NO WARRANTY
THAT (i) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
SERVICE (OR ANY SERVICES AVAILABLE THROUGH THE STAR/MATRIX'S SERVICES)
WILL BE ACCURATE OR RELIABLE, (ii) THE QUALITY OF ANY PRODUCTS,
SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED
BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS BASED ON
THE INFORMATION AVAILABLE TO YOU IN CONNECTION WITH THE SERVICE
AT THE DATE OF ACCEPTING THESE TOS, AND (iii) ANY ERRORS IN THE
SOFTWARE WILL BE CORRECTED;
6.3 DOWNLOADING OF CONTENT. ANY CONTENT DOWNLOADED
OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT
YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD
OR USE OF SUCH MATERIAL;
6.4 SECURITY MEASURES. THE STAR/MATRIX SHALL
USE REASONABLE EFFORTS TO SECURE ANY INFORMATION THAT YOU TRANSMIT
OR STORE THROUGH THE SERVICE IN ORDER TO PREVENT UNAUTHORISED
ACCESS BY THIRD PARTIES. YOU ACKNOWLEDGE, HOWEVER, THAT THE STAR/MATRIX
ARE UNABLE TO EXERCISE FULL CONTROL OVER THE SECURITY OF INFORMATION
PASSING OVER THE NETWORK UTILISED BY THE SERVICES OR VIA THE SERVICE,
AND THE STAR/MATRIX HEREBY EXCLUDE ALL LIABILITY OF ANY KIND FOR
UNAUTHORISED ACCESS TO INFORMATION PASSING OVER THE NETWORK OR
VIA THE SERVICE.
6.5 GENERAL WARRANTIES: (A) THE SERVICES ARE
INTERNET, SMS MESSAGE, AND WAP DRIVEN AND THE STAR/MATRIX ARE/IS
NOT ABLE TO CONTROL EFFICIENCY ALL NETWORKS IN THEIR ENTIRETY
OVER WHICH THE SERVICES (AND INDIVIDUAL THE STAR/MATRIX OR THIRD
PARTY SERVICES) ARE SUPPLIED. THEREFORE, THE STAR/ MATRIX ASSUME
NO RESPONISIBILITY FOR ANY DISRUPTION TO THE SERVICES/INDIVIDUAL
THE STAR/MATRIX SERVICES PROVIDED THAT WE WILL USE ALL REASONABLE
EFFORTS TO RECTIFY ANY SUCH DISRUPTION AS SOON AS REASONABLY PRACTICABLE.
FURTHER, THE STAR/MATRIX MAKE NO REPRESENTATION OR WARRANTY AND
ASSUME NO RESPONSIBILITY FOR THE DELAYS IN PROVISION OF THE SERVICES/INDIVIDUAL
THE STAR/MATRIX SERVICES, DISTORTION, MISDELIVERY OR FAILURE TO
STORE ANY CONTENT, COMMUNICATIONS OR PERSONALISED SETTINGS OR
THE EQUIPMENT USED BY YOU IN RELATION TO THE SERVICES OR INDIVIDUAL
THE STAR/MATRIX SERVICES; (B) NO NON-FRAUDULENT ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE STAR/MATRIX
OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY
STATED IN THE TOS SAVE ANY TERMS EXPRESSED TO BE ABLE TO BE VARIED
IN THESE TOS.
7. Limitation of Liability
7.1 NOTHING IN THIS AGREEMENT LIMITS OR EXCLUDES EITHER THE STAR'S,
MATRIX'S OR YOUR LIABILITY FOR PERSONAL INJURY OR DEATH CAUSED
BY OUR OR OUR EMPLOYEE'S OR YOUR NEGLIGENCE, OR ANY OTHER LIABILITY
WHICH CANNOT BE LIMITED OR EXCLUDED BY APPLICABLE LAW.
7.2 SUBJECT TO CLAUSE 7.1, NEITHER THE STAR OR MATRIX SHALL IN
ANY CIRCUMSTANCES BE LIABLE UNDER THESE TOS FOR ANY OF THE FOLLOWING
LOSS OR DAMAGE (WHETHER SUCH LOSSES OR DAMAGE WERE FORESEEN, FORESEEABLE,
KNOWN OR OTHERWISE): (A) LOSS OF BUSINESS CONTRACTS; (B) LOSS
OF SAVINGS OR ANTICIPATED SAVINGS; (C) LOSS OF REVENUE OR ANTICIPATED
PROFITS; (D) LOSS OF GOODWILL; (E) LOSS OF DATA; (F) LOSS OF OPPORTUNITY;
(G) LOSS OF REPUTATION; (H) ANY INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES OR LOSSES; OR; (G) FOR ANY
OTHER UNUSUAL LOSSES.
7.3 SUBJECT TO CLAUSE 7.2, THE STAR'S AND MATRIX'S MAXIMUM LIABILITY
UNDER THESE TOS FOR LOSSESS DIRECTLY RESULTING FROM A BREACH OF
THESE TOS OR ITS NEGLIGENCE SHALL BE LIMITED IN RESPECT OF ANY
ONE EVENT OR A SERIES OF TWO OR MORE CONNECTED EVENTS TO RM500.
YOU SHALL NOT USE THE SERVICE IN ANY CASE WHERE DAMAGE OR INJURY
TO PERSON, PROPERTY OR BUSINESS MAY OCCUR IF ANY ERROR OCCURS.
YOU EXPRESSLY ASSUME ALL RISK FOR SUCH USE.
8. Use of the Service and Content
8.1 The nature of content. Neither the Services,
nor any of the information transmitted through or made available
using the Service, is intended to supply tax, accounting or legal
advice, advice regarding the suitability or profitability of any
security or investment, any health or medical advice, or any other
advice of a personal or private nature. Although the Services
may provide access to information and recommendations and research
about the foregoing topics, THE STAR/MATRIX does not guarantee
that such recommendations are suitable to you or for any other
person. You shall make your own independent evaluation of the
suitability of such recommendations. You assume full responsibility
and liability for any and all tax, accounting, legal, investment,
medical, health, or other personal decisions made by you.
8.2 Responsibility for the use of the Service.
You are fully responsible for all activities that occur under
your password or account or through your Subscription. That responsibility
includes, but is not limited to, the responsibility for any fees
for the use of the Service or any products and services made available
through the Service. THE STAR MATRIX cannot and will not be liable
for any loss or damage arising from your failure to comply with
this Section 8.2.
8.3 Prohibited activities. You agree not to use
the Service or services available via the Services to: a) upload,
make available, send or otherwise transmit any Content that is
unlawful, harmful, threatening, abusive, harassing, tortuous,
defamatory, vulgar, obscene, libellous, invasive of another's
privacy, hateful, or racially, ethnically or otherwise objectionable;
b) harm minors in any way; c) impersonate any person or entity,
including, but not limited to, a THE STAR/MATRIX official, forum
leader, guide or host, or falsely state or otherwise misrepresent
your affiliation with a person or entity; d) upload, make available,
send or otherwise transmit any Content that infringes any patent,
trademark, trade secret, copyright or other proprietary rights
("Rights") of any party or any Content that you do not
have a right to transmit under applicable law or under contractual
or fiduciary relationship (such as information disclosed as part
of employment relationships or under nondisclosure agreements);
e) upload, send or otherwise transmit any unsolicited or unauthorised
advertising, promotional materials, "junk mail", "Spam",
chain letters, pyramid schemes, or any other form of solicitation,
except in those areas (such as shopping rooms) that are designated
for such purpose; f) upload, post, email or otherwise transmit
any material that contains software viruses or any other computer
code, files or programs designed to interrupt, destroy or limit
the functionality of any computer software or hardware or telecommunications
equipment; or g) "stalk" or otherwise harass another.
You agree not to: a) manipulate identifiers in order to disguise
the origin of any Content transmitted through the Service; b)
intentionally or unintentionally violate any applicable local,
state, national or international law; c) reproduce, duplicate,
copy, sell, resell or exploit for any commercial purposes, any
portion of the Service, use of the Service, or access to the Service.
8.4 THE STAR/MATRIX's right to disclose information. You
acknowledge and agree that THE STAR/MATRIX may preserve Content
and may also disclose Content if required to do so by law or in
the good faith belief that such preservation or disclosure is
reasonably necessary to: (a) comply with legal process; (b) enforce
the TOS; (c) respond to claims that any Content violates the rights
of third-parties; or (d) protect the rights, property, or personal
safety of THE STAR/MATRIX, its users and the public.
8.5 Intellectual Property in the Services. You
acknowledge and agree that the Service, any software used in connection
with the Service ("Software"), and usernames allocated
to you contain proprietary and confidential information that is
protected by applicable intellectual and industrial property and
other laws and which belong to THE STAR/MATRIX or third parties.
You will not acquire ownership of any worldwide intellectual property
rights in Software or usernames by virtue of your use of the Services.
You further acknowledge and agree that Content contained in sponsor
advertisements or information presented to you through the Service
is protected by copyrights, trademarks, service marks, patents
or other proprietary rights and laws. Except as expressly authorised
by THE STAR/MATRIX, you agree not to modify, rent, lease, loan,
sell, distribute or create derivative works based on the Service
or the Software, in whole or in part. You agree not to access
the Service by any means other than through the interface that
is provided by THE STARMATRIX for use in accessing the Service.
THE STAR/MATRIX hereby grants you a license to make a single copy
of the Content on the equipment you use to access the Service
and to use and display such copy of the content on such equipment
for private non-commercial purposes.
8.9 Without THE STAR/MATRIX's prior permission, you agree not
to display or use in any manner, the trademarks, trade names or
logos used in connection with the Service.
9. PAYMENTS
9.1 Tariffs. The tariffs and terms of payment
are made available at the THE STAR website. You shall pay THE
STAR/MATRIX for the Services and the use thereof in accordance
with the price lists in force. Unless otherwise indicated, the
charges shall be invoiced on your mobile operator's bill (i.e.
on the bill related to the use of the mobile subscription with
which you have accessed the Service).
9.2 Price changes. THE STAR/MATRIX reserves the
right to change the tariffs for the Service by posting details
of such changes on its web site or in other publicity materials.
10. Termination
10.1 Termination of the Service. You agree that THE STAR/MATRIX,
at its sole discretion, may terminate your use of the Service
or individual services provided via the Services, and remove and
discard any Content within such services.
10.2 Suspension of the Services. THE STAR/MATRIX may suspend all
or any of the Services (or individual services provided via the
Services), for lack of use.
11. Other terms and conditions
11.1 Notices. You shall send any notices related
to this contract to the following addresses:- support@matrixinter.net;
THE STAR/ MATRIX shall serve notices related to this contract
by posting them on the THE STAR/MATRIX website or by sending them
to the address or e-mail address you have given to THE STAR/MATRIX,
or as a text message to your mobile Subscription number. Notices
sent by mail shall be deemed received seven days after they were
sent. Notices posted on the THE STAR/MATRIX website or sent by
e-mail or as a text message shall be deemed received on the weekday
following the day when they were posted or sent.
11.2 Changes to TOS. THE STAR/MATRIX reserves
the right to change these terms and conditions from time to time.
Changes shall be notified to you by posting on the THE STAR/MATRIX
website or by sending you a notice pursuant to section 11.1 thereof.
11.3 Reasonable Control. MATRIX is not responsible
for non-compliance with the terms of these TOS where such non-compliance
results from matters beyond THE STAR's or MATRIX's reasonable
control.
12. General information
The TOS and the relationship between you, THE STAR and MATRIX
shall be governed by the laws of Malaysia. The failure of THE
STAR/MATRIX to exercise or enforce any right or provision of the
TOS shall not constitute a waiver of such right or provision.
If any provision or part of a provision of the TOS is found by
a court of competent jurisdiction to be invalid or unenforceable,
then the remainder of the provision will be enforced so as to
effect the intention of the parties, and the other provisions
of the TOS remain in full force and effect. Matrix Internet &
Wireless Sdn Bhd (461312-P) is a company registered in Malaysia
whose registered office is at C507 Block C, Phileo Damansara 1,
9 Jalan 16/11, 46350 Petaling Jaya, Malaysia. Star Publications
(Malaysia) Bhd (10894-D) is a company registered in Malaysia whose
registered office is at Menara Star, 15 Jalan 16/11, 46350 Petaling
Jaya, Malaysia.
