GENERAL
The Terms and Conditions stated below form a binding agreement (“Agreement”) between you, as the Subscriber, and us Pavo Communications Sdn. Bhd. (Company Registration No.: 861312-T) (“Company”). This Agreement shall become effective upon your activation of SIM Card which constitutes your unconditional acceptance of the Services provided to you by the Company.
Should you disagree with our Terms and Conditions, please do not access or browse further on our Website or proceed with the registration and/or activation of SIM Card. By continuing accessing and browsing our Website, you agree that you have read, understood, accepted and agreed to be bound by our Terms and Conditions.
DEFINITIONS
Account means an account maintained by the Subscriber with the Company for using or subscribing to Services.
Agreement means the agreement for Services made between the Company and the Subscriber in accordance to the Terms and Conditions contained herein, Registration Form, policies and procedures of the particular rate plans or packages and all other documents which are expressly agreed to form part of the Agreement.
Charges means all charges to be paid by the Subscriber to the Company for using and subscribing to the Services which include, without limitation, any other charges, fees and/or GST charges.
CMA means Communication and Multimedia Act 1998.
Company means Pavo Communications Sdn. Bhd. (Company Registration No.: 861312-T).
Content means videos, graphics, data, messages or other multimedia content that can be accessed through our Services
DNO means Donor Network Operator.
Expiry Date shall bear the meaning as ascribed to it under paragraph 2.1 below.
GST means goods and services tax.
Intellectual Property means all copyrights, patents, trademarks, tradenames, logos, service marks and other intellectual property or proprietary rights in connection to the Company, any Services, our Network, system or software.
Airtime means credit balance to make calls, send SMS and/or use the Services.
SIM Card means the Universal Subscriber Identification Module Card issued by the Company to the Subscriber for using our Services.
MCMC means Malaysian Communications and Multimedia Commission.
Mobile Device means a wireless device together with accessories for the use of the Services.
Mobile Number means the Mobile Station International Subscriber Directory Number (MSISDN).
Mobile Number Portability/MNP means the ability of Subscribers to change from one Service Provide to another and retain their Mobile Number.
Network means network facilities and/or network services comprising of the system or series of system, equipment, software and facilities of the Company or through any other network deemed necessary to enable the provision of the Services to the Subscriber.
PDPA means Personal Data Protection Act 2010.
Personal Information/Personal Data includes your information, required for the purposes of applying, subscribing and registering for the Services offered to you by the Company including without limitation the call data records or reports related thereto, including any sensitive personal data and expression of opinion(s) about you.
Porting means the Subscriber is able to bring their mobile number to our mobile Network or to a new Service Provider.
RNO means Recipient Network Operator.
Starter Pack means the pack sold by the Company contained the SIM Card.
Services means the mobile telecommunication, broadband services, or any other product or services rendered by the Company.
Service Providers means other mobile telecommunications providers.
Subscriber means the person who uses or subscribes to our Services.
Terms and Conditions means these prepaid terms and conditions of Services (as may be amended from time to time and make available on our Website).
Reload Coupon means a prepaid coupon or voucher, whether in physical form or electronic means sold by us or on behalf of us containing Airtime.
Validity Period means the period of time which the Subscriber can use or subscribe to our Services using Airtime.
Website means our official website http://www.speakoutwireless.com.my
Working Day means a day other than Saturday, Sunday and a public holiday in the territory of Kuala Lumpur.
1. BECOMING A SUBSCRIBER
1.1 In accordance with the guidelines published by the Malaysian Communications and Multimedia Commission (“MCMC”), you must be at least twelve (12) years old to be eligible for the Services (“Criteria”). If you are above twelve (12) years old but below eighteen (18) years old, you shall ensure that you have obtained consent from your parents or legal guardians before registering and submitting the prepaid registration form.
1.2 During the registration as a Subscriber, you are required to provide to the Company, including your full name, address and identification documents as per your National Registration Identification Card (NRIC) or Passport No. and such other information as may be required or relevant to us before you are able to use or subscribe to our Services (“Personal Information”).
1.3 The Company may, at its discretion to decline your registration as a Subscriber or to provide the Services to you in the event you do not meet the Criteria and/or you have failed to comply with the registration requirements.
1.4 As a Subscriber to our Services, you shall ensure at all times that the Services used by you are in accordance to the Agreement only and the same shall apply to any person(s) allowed or authorized by you to use the Services.
2. SUBSCRIBER’S RESPONSIBILTIES AND OBLIGATIONS
2.1 To benefit from our Services, you shall activate the SIM Card once your registration is successful. Additionally, you are advised to activate the SIM Card before the expiry date (“Expiry Date”) which is imprinted on the Starter Pack. Your failure to activate the SIM Card before the Expiry Date may cause your Mobile Number being unusable or withdrawn with immediate effect (“Failure”) and as a result, you may be required to purchase a new Starter Pack or to re-register.
2.2 You may not be able to enjoy our Services if your Airtime balance in your Account is insufficient or has passed the Validity Period. For clarification purpose, the Validity Period of your Airtime depends on the value of the Reload Coupon (“Top-Up”) purchased by you via SMS or any electronic means.
2.3 The Company will not be liable for any losses, costs, damage or expenses incurred by the Subscriber including but not limited to, forfeited Airtime, expiration, suspension or termination of Account or Services.
2.4 Upon your usage or subscription to our Services, there will be applicable Charges and such Charges shall be deducted from your Account equivalent to the value of the Services. For more information on our Charges, please refer to our Starter Pack or Website.
2.5 Referring to paragraph 1.2 above, you are required to provide your Personal Information to the Company to the best of your knowledge and confirm that such information are true, accurate and complete. You shall undertake to inform the Company of any changes to your Personal Information immediately.
2.6 Your responsibilities as a Subscriber include but shall not be limited to the following:-
a. you shall remain fully responsible and accept full risks during the usage or subscription to our Services and/or any Content loaded and/or stored into your Account, whether by you or any person(s). Additionally, you shall at all times ensure that your Mobile Device, SIM Card and Mobile Number are legally owned or possessed and not tampered with or modified or permit any person(s) to tamper with or modify the Mobile Device, SIM Card or Mobile Number;
b. adhere with all applicable laws of Malaysia, including but not limited to, MCMC, Communication and Multimedia Act 1998 (“CMA”) and other requirements, directions, codes, notices or restrictions issued by the government, regulatory agencies (i.e Content Code of the Communications and Multimedia Content Forum, http://www.cmcf.my) and/or the Company or other Service Providers on the use of our Services or any telecommunication system, programs and equipment;
c. comply with all notices, directions, changes made by the Company including any upgrading our Services as required by the Company;
d. report to the Company upon discovery of any suspicious activities such as fraud, theft, unauthorized and abnormality usage of our Services or any other events of unlawful nature in respect of the use of our Services or the Mobile Device, SIM Card and Mobile Number within twenty-four (24) hours from such discovery. For the avoidance of doubt, you will remain responsible for all transactions and access using the Account;
e. be responsible for all equipment and software necessary to use our Services and also for the security and integrity of all information and data transmitted, disclosed, and/or obtained through the use of our Services;
f. not to advertise, circulate false news, upload, transmit, store, post or repost, display, or otherwise make available any sexual explicit materials and/or any form of child sexual abuse materials. This also includes facilitating or soliciting any Content product or service that contain malware or any other harmful or damaging or destructive programmes or software or make them available;
g. take such reasonable steps to avoid spamming, fraudulent, defamatory, offensive, improper, immoral and indecent actions or illegal use of our Services;
h. acknowledge that the Company shall not be held liable or responsible in any way for any prohibited and/or unauthorized use of our Services;
i. acknowledge that the Company does not check the Content or information available from the Services or online and that the Company is not liable for any losses, costs, damage or expenses incurred by the Subscriber or any other person(s) as a result of using information obtained from the Services or online including, but not limited to, any damage to or loss of dated caused by a virus or similar program;
j. acknowledge that the Company is not responsible in any way for and do not endorse any third party’s products;
k. not to use, permit or caused to be used the Services improperly or for any activities which may infringe any laws or third party’s rights, or breach any directives, Content requirements or codes promulgated by any relevant authorities including activities which will require the Company to take remedial steps under any applicable industry code or in a way which interferes with other Subscriber or defames, harasses, menaces, restricts or inhibits any other use from using or enjoying the Services (i.e denial of service attacks, pinging and mailbombing, fraud or pirating software);
l. not to use our Services with any unauthorized device or any other ways which unfairly exploit the unlimited free voice and/or data usage, broadband connection or spamming activities for the purposes of unauthorized reselling or for commercial gains without prior written consent to the Company;
m. in any way infringe an individual’s privacy or other personal rights;
n. you confirm that there is not warranty for the SIM Card and the Company shall not be under any obligation to replace or compensate the Subscriber for any lost, stolen, damaged, faulty or cloned SIM Card or for any costs or expenses incurred by the Subscriber thereon;
o. not to generate Network traffic in excess of reasonable and normal usage;
p. not to cause congestion to our Network; and
q. not to cause any disruption, interference, interruption or degradation in the Network or the Services.
3. SECURITY VERIFCATION IN RELATION TO OUR SERVICES
3.1 To gain access to our Services, the verification of the Subscriber is required wherein you shall ensure the security and secrecy of your login details such as personal identification, passwords, PIN or e-mail or other accounts which have been provided or chosen by you. The Company shall bear no responsibilities if such information is leaked to any third party as you will be fully responsible for any activities thereunder whether or not such activities were carried out with your express consent and/or knowledge or otherwise.
3.2 The Company may refuse, change or remove the login identification, passwords, and/or PIN if it is at the opinion of the Company that such verification is unsuitable.
3.3 You shall immediately inform the Company upon your discovery or suspect any unauthorized use or disclosure of your login identification, passwords, and/or PIN or that your Account has been compromised. Additionally, you are advised to change your passwords, PIN or any other security verification to safeguard your security interest.
4. PERSONAL INFORMATION OR PERSONAL DATA
4.1 The Company’s Privacy Statement will form an integral part of this Agreement.
4.2 You acknowledge and agree that you are aware and given your unconditional consent to the Company to process your Personal Data as provided for under the Personal Data Protection Act 2010 and that your Personal Data (“PDPA”) will be used and/or disclosed in accordance with the PDPA and the Company’s Privacy Statement can be referred at [http://www.speakout.asia/privacy]. Please note that the Company may revise, amend and/or change the Privacy Statement and the Company shall inform you accordingly of such revisions, amendments and/or changes at [http://www.speakout.asia/privacy]. In addition, your continued usage or subscription to our Services after the effective date of any revisions, amendments and/or changes of the Privacy Statement shall constitute an unconditional acceptance of such revisions, amendments and/or changes.
5. INTERNATIONAL ROAMING
5.1 The Company only supplies Services to your Mobile Device including data roaming to the countries which are listed on our Website.
5.2 For the avoidance of doubt, the Company and the operator of the foreign network providers shall not be liable for any losses or damage which the Subscriber may suffer from or through the suspension, termination, interruption, loss of or inability to use the international roaming Services due to any reasons whatsoever.
5.3 When Subscribers are subscribed to International Roaming, you unconditionally agree that the Charges for International Roaming may vary and that you shall subject to all the terms and conditions of the Agreement and such other terms and conditions as the Company deems fit as imposed from time to time.
6. VARIATIONS
6.1 The Company reserves all rights to modify the Website and/or its Services or suspend or terminate the Website and/or the Services or access to part or all of them at any time.
6.2 The Company has absolute discretion to revise the Terms and Conditions of the Agreement from time to time (including but not limited to the charges of any Services). For clarity purpose, such variations shall become effective on its effective date which we will update on our Website. By continuing to access or browse the Website or use or subscribe to our Services, you are deemed to have unconditionally accepted such variations or additions and you shall be bound by the same.
7. THE COMPANY’S RIGHTS
7.1 The Company may at its discretion without prior notice vary the Charges for the Services or part thereof. You are required to regularly review any changes of our Charges on our Website.
7.2 For added security purposes and better management of documents, you acknowledge that the Company may scan your documents including your registration information or details collected by the Company upon your activation of SIM Card and/or other relevant documents which are relevant and admissible as evidence.
7.3 The Company may extract any SMS details, Personal Data or any other data from your Account as evidence in court and/or when necessary if there is suspected and/or misused of Services.
7.4 The Company is fully entitled to manage the Subscriber’s bandwidth including without limitation reducing the Subscriber’s speed or suspending their bandwidth to the Services to ensure fair access to all Subscriber on the same network with or without prior notice to the Subscriber.
7.5 In the event the Company believes the use of Services is in breach of this Agreement or adversely impacts the network or Services of the Company, the Company shall be entitled to suspend, terminate the provision of Services (or any part thereof) to the Subscribers.
7.6 The Company reserves the right to forfeit any unutilised Airtime of any Subscriber’s Account after the expiry of the Validity Period.
7.7 The Company is entitled to perform all of its rights under paragraph 7 in any manner deemed appropriate by the Company and therefore the Company will not be liable to the Subscriber or third party for any losses or damages occurred from thereof.
8. PROMOTIONS
8.1 You acknowledge that any usage or subscription to our Services received from any promotional package that we may offer to you from time to time, you unconditionally agree that you are subject to all additional terms and conditions of the promotion package, if any.
8.2 The Company reserves all rights to withdraw any promotion package without prior notice and without admission to any liability, if the Company deems that such promotion package is no longer commercially feasible.
8.3 However, if the promotion package involves collaborating with third party, you are required to adhere to the terms and conditions imposed by the third party and that we may take reasonable steps to protect the third party’s interests.
9. FREE TRIAL USAGE OF ANY CONTENT, PRODUCTS AND/OR SERVICES (“FREE TRIAL”)
9.1 For the avoidance of doubt, you acknowledge and unconditionally agree to pay for the applicable Charges incurred for any usage of Content, products and/or Services once the Free Trial has lapsed. You are required to visit our Website to find out the applicable Charges and such information is sufficient to constitute as a notice to you.
10. MOBILE NUMBER PORTABILITY (MNP)
10.1 You acknowledge confirm and unconditionally agree that:-
a. the Mobile Number requested for Porting by you must be within the range of Mobile Number that have been approved by MCMC.
b. the Mobile Number Portability request may be subject to a non-refundable porting fee.
c. Mobile Number Portability is subject to existing geographic numbering requirements.
d. only active Mobile Number are eligible for Porting. Any Mobile Number or Account suspended, terminated, blacklisted due to default of payment and/or barred are illegible for Porting.
e. the Company may update you on the progress of the Porting via SMS.
f. the Company may, upon receipt of your Port request, send you a validation via SMS to confirm the Porting out process. If you have failed to respond to the said validation within the prescribed time, your Port request may fail.
g. you confirm and agree that all your services in connection to the Mobile Number provided by the Donor Network Operator (“DNO”), including value added services, rate plans, charges and fees will be terminated when the SIM Card of the DNO is deactivated upon your successful Porting to our Network as the Recipient Network Operator (“RNO”). You acknowledge and accept that, any airtime balance you had with the DNO will be forfeited and non-transferrable to the RNO. For the avoidance of doubt, the Company shall be in no way liable or responsible to you or any third party claiming through you for such forfeiture of any airtime balance and any losses or damage whether, direct, indirect special or consequential, or for loss of business, revenue or profits as a result of the Porting.
h. you confirm and acknowledge that your request for Porting constitutes a notice to terminate your subscription with the DNO. Therefore, the Company will not be responsible or liable for any unsuccessful Porting to us.
i. you shall undertake to settle any amount or sums due and payable by you to the DNO.
j. the Terms and Conditions of the Agreement shall be effective once your Porting is successful.
k. subject always to paragraph 4 above and for the purposes of Porting, you expressly consented to the Company to disclose or process your Personal Information regarding your Mobile Number to other Service Providers to facilitate the Porting only.
11. SIM CARD AND RELOAD COUPONS
11.1 The Company own SIM Card at all times. You acknowledge and agree that you have no legal interest, possession or goodwill to any Mobile Number or PIN assigned to the SIM Card.
11.2 You must not resell, distribute or reproduce the SIM Card and must take all precautions against loss, theft, cloning or misuse of the SIM Card. In addition, you shall not transfer the SIM Card to any person(s) without prior written consent to the Company.
11.3 The Company is not liable to replace or compensate you for your lost, stolen, damaged, faulty or cloned SIM Card or for any unused Airtime. If the Company agrees to replace a new SIM Card for you, you are liable for the cost to replace the SIM Card.
11.4 The payment made for the purchase of the Reload Coupon shall not be refundable for any reasons whatsoever howsoever. The Company shall not be liable for any loss incurred by you due to the misuse, misplace or damage of the Reload Coupon or any other reasons whatsoever.
11.5 Upon the expiry date of the Reload Coupons (as stated on the printout of the Reload Coupons), you shall not be entitled to claim for any refund or use the value of the Reload Coupons for any Services or conversion of Airtime.
11.6 You shall strictly comply with the terms and conditions of other service provider(s) whom may facilitate the issuance or reload of the Reload Coupon.
12. INDEMNITY
12.1 You undertake and agree to indemnify and hold the Company and its employees, directors, officers, supplies, agents and contractors harmless from and against any and all claims, demands, actions, damages, losses, costs, charges, liabilities, and expenses (including solicitor’s fees and costs) whether directly or indirectly, arising out, included but not limited to the following: -
a. any claims for libel, invasion of privacy, infringement of patent, trademark, copyright, intellectual property right or other proprietary interest, breach of confidentiality, breach of any law or regulation arising or attributable to you Mobile Device, date, use or our Services howsoever arising;
b. use of our Services by any person(s) using your log-in identification with or without your consent and/or authority;
c. non-observance or breach of any provisions contained in this Agreement;
d. any negligent or wilful conduct by you or any person(s) authorized by you;
e. any damage to property or personal injury (including death); and
f. any act or omission by you or any unauthorized use or exploitation of our Services.
13. INTELLECTUAL PROPERTY
13.1 You do not have any legal interests or rights over our Intellectual Property or software in any way.
14. DISCLAIMERS AND LIMITATION OF LIABILITY
14.1 The Company will provide the Services to you on “AS IS” and “AS AVAILABLE” basis and you agree and unconditionally accept that you shall use our Services and rely on the information obtained through using the Services and/or Content at your own risks. The Company including its employees, director, officers, agents or contractors (“Personnel”) do not make any representations and disclaim warranties of any kind in connection to the Services including, but not limited to, accessibility, availability, timeliness and uninterrupted use of the Services; or sequence, accuracy, completeness, the security of any Content or information transmitted using the Services or provided to you as part of the Services. The Company also disclaim all implied warranties of merchantability, fitness for a particular purpose and non-infringement of any applicable laws of Malaysia.
15. SUSPENSION AND TERMINATION OF YOUR ACCOUNT
15.1 The Company will be fully entitled at all times, to immediately suspend or disconnect or terminate the Services or Agreement for any of the following reasons: -
a. if any technical failure occurs in our Services or our Network; or
b. while the Services, our network or systems are being upgraded, modified or maintained;
c. if you breach any of the Terms and Conditions of the Agreement;
d. if you do anything which may in the Company’s determination, lead to including damage, or injury to the Services or our Network, systems and/or reputation;
e. if the Company is required by the law, statute, enactment, directions, regulations, code or by any relevant authorities;
f. if it is at the Company’s determination that the Services or the Network is or may be used fraudulently, illegally or for unlawful purposes in breach of the Agreement;
g. where the Subscriber is adjudged a bankrupt or commit an act of bankruptcy;
h. where the Subscriber is outside of our Network coverage.
15.2 The Company will resume or rectify the disrupted Services without delay if suspension or disconnection occurs for the reasons set out under paragraph 15.1 (a) and (b) above. During the interruption and/or suspension of Services you may be liable for any applicable Charges.
15.3 The Company may at its discretion, restrict access or usage of our Services, suspend or terminate your Account if you consistently use the Services to download or upload extremely high volume data (i.e peer-to-peer applications or use of applications that may or will have a detrimental effect on our Network’s performance and may affect other Subscriber).
16. NON-TRANFERRABLE OF THE AGREEMENT
16.1 You are not permitted to assign or novate any, or any part, of your rights and/or obligations under the Agreement to any party, without the Company’s prior written consent.
17. FORCE MAJEURE
17.1 In the event of the Agreement or any material part thereof becoming impracticable of performance resulting from causes beyond the reasonable control including but not limited to fire strikes, soil conditions, insurrection or riots, embargoes, container shortages, wrecks or delays in transportation, inability to obtain supplies or raw materials or labour requirements or regulations of any civil or military authority of war, natural disaster, restraining actions by neighbouring proprietors or third party or government’s regulations, the Agreement shall be deemed to have been frustrated and each of the party shall be discharged from and shall not be responsible for failing to perform its obligations under the Agreement.
17.2 The Company hereto agrees to give notice forthwith to the other upon becoming aware of an event of Force Majeure wherein such notice(s) shall contain details of the circumstances giving rise to the event of Force Majeure.
18. COSTS, TAXES AND FEES
18.1 The Subscriber and the Company shall bear their own costs in terms of any costs incurred in connection to the preparation and legal review of the Agreement.
18.2 You shall bear all government taxes, levies and other costs which may be applicable to you by law in connection to the Services provided to you.
18.3 The Charges are subject to GST charges, the Company is entitled to charge the GST payable to the government of our Services provided to you.
18.4 If GST is applicable as mentioned in paragraph 18.3 above, the Company will:
a. provide you information that may be reasonable required to establish the liability for GST charges; and
b. if any monies due and payable by you under the Agreement, the same shall be recoverable from you through any legal recourse wherein you shall be liable to pay for the Company’s solicitor fees and any other fees or expenses incurred from thereon.
19. NOTICES
19.1 All communications and documents to be given by you to the Company under the Agreement must be in writing and directed to the following address: -
Pavo Communications Sdn. Bhd.
Unit 23-13, Q Sentral,
Jalan Stesen Sentral, KL Sentral,
50470, Kuala Lumpur,
Malaysia.
19.2 The communications and documents, including legal documentations, given by the Company will be deemed to have been served if: -
a. sent by registered post, on the second Working Day after posting irrespective of whether returned or undelivered;
b. sent by ordinary post, on the fifth Working Day after posting irrespective of whether returned or undelivered;
c. hand delivery, upon receipt;
d. sent by facsimile, upon successful completion of transmission; or published in national daily newspapers (i.e Berita Harian, The Star, New Straits Times and others).
19.3 You may call +6011 3111 2233 or *129# for any billing or credit enquiry. Calls made locally to +6011 3111 2233 are subject to charges.
20. GOVERNING LAW
20.1 The Agreement shall be governed by the laws of Malaysia and shall be subject to the exclusive jurisdiction of the courts in Malaysia.
21. MISCELLANOUS
21.1 Any rights or liabilities under the Agreement may not be waived except in writing signed by the party granting the waiver. No delay or omission by either party to exercise any right under the Agreement will construed as a waiver thereof. A waiver by any party of any of the obligations to be performed by the other party or any breach thereof will not be construed to be a waiver of any succeeding breach thereto or of any other obligation.
21.2 In the event if there are any inconsistencies, the Terms and Conditions contained in the Agreement shall prevail and supersedes any other agreements there may be.
21.3 The Agreement constitutes the entire agreement between the Subscriber and the Company and supersedes all previous agreements, understandings, offers, proposals, representations and warranties in connection with the Agreement.
21.4 Time is of essence in performance of the Agreement.
21.5 If any provisions in the Agreement or the application thereof contravenes any laws, any parts of the Agreement which are not affected by it shall remain valid and enforceable to the extent permitted by the laws.