Legal Information & Notices
THIS AGREEMENT is made on the date of the Effective Date set forth above between TALK FOCUS SDN. BHD. (COMPANY REGISTRATION NO.: 753644-T) a company duly incorporated pursuant to the Companies Act, 1965 Malaysia and having its principal business address at Tron Headquarter, K-2-8, 2nd Floor, Kuchai Business Park, Jalan 1/127, off Jalan Kuchai Lama, 58200 Kuala Lumpur, Malaysia. (hereinafter referred to as “Service Provider”) of the one part and the Tron Member (as hereinafter defined) of the second part. The Contracting Parties agree as follows:-
1.1 The Service Provider agrees to provide and the Tron Member agrees to accept the Services (as hereinafter defined) annexed and the membership type as stated in the application/registration form subject to all terms and conditions of this Agreement.
1.2 Subject to the compliance of the Terms and Conditions of this Agreement, the Tron Member shall be entitled to the privileges and benefits of Tron Membership as stipulated in Appendix 2 annexed hereto.
1.3 By creating an Account and using our Tron SIM Card to access the Services, you will be deemed to have accepted this Agreement and will be referred to as our Subscriber. Any SIM Card we provide to you is provided under license and remains our property. We may change your SIM Card or require you to return it at the end of this Agreement.
1.4 Our supply of services is subject to any rules and regulations as may be prescribed by MCMC, wherever applicable and any other rule and regulations as may be applicable depending on the governing law and regulations in the territory where the Network [as hereinafter defined] is provided for the Services.
2. DEFINITIONS & INTERPRETATIONS
2.1 In this Agreement, the following expressions shall, unless the context otherwise requires, bear the following meaning:-
|“Business Day”||means a day on which commercial banks are open for business in the state of Wilayah Persekutuan of Kuala Lumpur and the State of Selangor Darul Ehsan, Malaysia, excluding a Saturday, Sunday and public holiday in the state of Wilayah Persekutuan of Kuala Lumpur and the State of Selangor Darul Ehsan.|
|“Contracting Parties”||means the Service Provider and the Tron Member.|
|“DNO”||means Donor Network Operator, a mobile or fixed cellular service provider from which a Mobile Number has been or is to be ported out.|
|“Intellectual Property”||means all current and future copyrights, patents, trade marks, rights in databases, inventions or trade secrets, know-how, rights in designs, integrated circuits, topographies, trade and business names, domain names, get-up, marks and devices (whether or not registered), moral rights, and all other intellectual property rights and applications for any of those rights (where such applications can be made) which are capable of being protected and/or enforced in Malaysia and/or any relevant country of the world.|
|“Mark”||means trade mark(s), service mark(s), trade name(s), logo(s), symbol(s), brand name(s) and other proprietary mark or any combination of the aforesaid.|
|“MMS”||means Multimedia Messaging Services.|
|“Mobile Number”||means Mobile Station International Subscriber Directory Number (MSISDN).|
|“Mobile Number Portability”||means the ability for Tron Member to change from one mobile or fixed cellular service provider to another and retain their Mobile Number.|
|“MyKad”||means the compulsory identity document for Malaysian citizens issued by the National Registration Department of Malaysia.|
|“Port” or “Porting”||means the transfer of the Tron Member’s Mobile Number from one mobile or fixed cellular service provider to another mobile service provider or vice versa.|
|“RNO”||means Recipient Network Operator, a mobile or fixed cellular service provider to which a Mobile Number has been or is to be ported in.|
|“Services”||means the prepaid telecommunication services and value added services and/or products through various mediums including voice/sound, data, text, visual images, signals or any other form or any combination of those forms based on a fixed cellular network provided by the Service Provider to the Tron Member. The services shall include all other services as may be varied, modified, amended, added and/or deleted by the Service Provider at any time and from time to time. Any references to “Services” in this Agreement shall mean all the Services or any of them as the context requires.|
|“SIM Card”||means either the subscriber identity module card or plug-in module with a microchip which contains the Tron Member’s necessary information. The SIM Card has to be inserted into the phone in order for a call to be made.|
|“SKMM”||means the Suruhanjaya Komunikasi dan Multimedia Malaysia (SKMM), also known as Malaysian Communications and Multimedia Commission, established under the Malaysian Communications and Multimedia Commission Act 1998.|
|“SMS”||means Short Message Services.|
|“Terms and Conditions”||means these terms and conditions and the terms of services, policies and procedures contained in this Agreement and shall include all other terms and conditions contained in the user guide to the Tron Membership Pack and published on the Tron Website and/or as may be varied or modified from time to time at the Service Provider’s sole discretion.|
|“Tron Account”||means the individual account of Tron Member created manually and/or online via Tron Website for the subscription of the Services which records the unused portion of credits purchased by the Tron Member.|
|“Tron Membership Pack”||means the starter pack for the subscription of the Services which shall consist of the SIM Card for the Services (with an initial value of credit), a user guide and these Terms and Conditions.|
|“Tron Reload Vouchers”||means the prepaid reload vouchers, whether in material form or otherwise which contain the prepaid reload and unused value as indicated in the reload vouchers which sold by the Service Provider and/or any person authorised by the Service Provider.|
|“Tron Website”||means the website used by the Service Provider, namely http://www.tron.my, http://www.tron.com.my and other web address(es) as may be used and/or adopted by the Service Provider from time to time.|
|“us” or “our” or “we”||means the Service Provider and its Related Corporation.|
|“Tron Member”, “you” or “your”||means the person to whom the SIM Card has been issued for the purpose of using the Services in accordance with the Terms and Conditions.|
2.2 In this Agreement unless there is something in the subject or context inconsistent with such construction or unless it is otherwise expressly provided:-
- the expressions “the Service Provider” and “the Tron Member” shall include their respective successors in title and where two or more persons are included in any of the aforesaid expressions this agreement binds such persons jointly and severally. The expression “Parties” shall mean the Service Provider and the Tron Member collectively and “Party” shall be construed accordingly;
- words importing the singular include the plural and words importing one gender include all other genders and references to “person(s)” shall include any company, partnership, individual person, firm, joint venture, association, corporation, statutory body, unincorporated body of persons, trust, bureau, minister, agency, instrument, court, regulatory body, government or state, any authority or other body corporate and vice versa;
- a period of days from the happening of any event or the doing of any act or thing shall be deemed to be inclusive of the day on which the event happens or the act or things is done and if the last day of the period is a weekly holiday or a public holiday [hereinafter referred to as "the excluded day"] the period shall include the next following day which is not an excluded day and any reference to a “day”, “week”, “month” or “year” is to that day, week, month or year in accordance with the Gregorian calendar;
- the expression “Ringgit Malaysia” and the abbreviation “RM” shall mean the lawful currency of Malaysia;
- the expression “Business Day” means a day in which banks are open for business in the Federal Territory of Wilayah Persekutuan Kuala Lumpur and the State of Selangor Darul Ehsan and excludes a Saturday, Sunday or a gazetted public holiday applicable in the Federal Territory of Wilayah Persekutuan Kuala Lumpur or the State of Selangor Darul Ehsan;
- where the day on or by which anything is to be done is not a Business Day in the place in which that thing is to be done, then that thing shall be done on the date next following the Business Day;
- the headings contained in this Agreement are inserted for convenience and for reference purposes only and shall not be incorporated into this Agreement and shall not be deemed to be any indication of the meaning of the clauses and recitals to which they relate and shall not affect the interpretation or construction of any provision herein;
- any reference to a clause, schedule, notice, annexure or appendix is a reference to a clause of or schedule, notice, annexure or appendix to this Agreement and references to this Agreement include any recital, schedule, notice, annexure or appendix annexed to this Agreement;
- any reference to any statute or statutory provision shall be construed as references to such statute or statutory provision as respectively amended or re-enacted or as their operation is modified by any other statute or statutory provision (whether before or after the date of this Agreement) and shall include any provisions of which they are re-enactments (whether with or without modification) and shall include subordinate legislation made under the relevant statute.
- no rule of construction applies to the disadvantage of a party by reason that it was responsible for the preparation of this Agreement or any part of it.
- the words “herein”, “hereinafter”, “hereinbefore”, “hereof”, “hereunder” and other words of similar import shall refer to this Agreement as a whole and not to any particular provision;
- ‘indemnify’ and ‘indemnifying’ any person against any circumstance include indemnifying and keeping him harmless from all actions, claims and proceedings from time to time made against that person and all loss or damage and all payments, costs or expenses made or incurred by that person as a consequence of or which would not have arisen but for that circumstance;
- ‘Related Corporation’ in relation to any corporation means any subsidiary or holding company of that corporation or any subsidiary of that holding company;
- ‘group of companies’ in relation to a corporation, means that corporation and includes its related companies;
- ‘liability’ includes past, present and future liability, both actual or contingent;
- the Annexure and Schedules annexed hereto form part of this Agreement.
3. ACKNOWLEDGMENT AND CONFIRMATION BY THE TRON MEMBER
3.1 You hereby irrevocably and unconditionally acknowledge, confirm and agree that:-
3.1.1 you have read and fully understood all the Terms and Conditions.
3.1.2 your use of the Services, upon activation, constitutes unconditional acceptance to be bound by additional terms specific to various value added services and these Terms and Conditions including its future amendments, variations, modifications, deletions and/or additions.
3.1.3 by subscribing to the Services, you warrant that:-
(i) (in the event the Tron Member is an individual) you have attained twelve(12) years of age and in the event you are below the legal age to enter into such a contract if you have obtained the requisite consent of your legal guardians to do so. In the event of any claims of fraud, negligence, libel, invasion of privacy, infringement of copyrights, patent, breach of confidence or privilege or breach of any intellectual property rights or breach of any law or regulation whatsoever arising from the material transmitted, received or stored via the Services or any part thereof and from all other claims arising out of your use or exploitation of the Services or any part thereof, you will join such legal guardian as a joint defendant; or (ii) (in the event the Tron Member is a body corporate) you are a company duly incorporated and subsisting under the laws of Malaysia and you have the capacity, power and authority to enter into and perform its obligations under this Agreement and the obligations in this Agreement will be binding on you. You have full legal right, authority and power under its Memorandum and Articles of Association to enter into this Agreement and that all appropriate and necessary approvals of your board of directors and shareholders (if applicable) and all other actions have been obtained and taken to authorise the execution, delivery and performance of all this Agreement and all documents required or contemplated hereunder and the execution and delivery thereof does not exceed the power and authority of the officers executing the same.
3.1.4 you are competent to accept the Terms and Conditions for the Services.
3.1.5 you shall use the Services in accordance with the Terms and Conditions and ensure that any person you allow to use the Services complied with the Terms and Conditions.
3.1.6 all the information and/or particulars you have provided to the Service Provider for the purpose of registration and/or the use of the Services are accurate, true, complete and not misleading.
3.1.7 you shall provide valid and true identification documentations to the Service Provider for the purpose of registration and (if the Tron Member is an individual) the MyKad provided by you to the Service Provider and/or its authorised dealers/agents are valid and belong to you, or (if the Tron Member is a foreigner) the international passport provided by you to the Service Provider and/or its authorised dealers/agents are valid and belong to you.
3.1.8 you are solely responsible for all acts or omissions that occur when using the Services.
3.1.9 you shall at all times abide and adhere to any regulations, rulings, directions, code of practice and/or any other form of rules issued by SKMM.
3.2 You hereby irrevocably and unconditionally acknowledge, confirm and agree that:-
3.2.1 you expressly consent that the Service Provider and/or its Related Corporations may process all your information provided by you including all your personal particulars and including but without limitation to all information and details in relation to the Services provided by the Service Provider to you and any information pertaining to the commercial transactions as stipulated in this Agreement as well as the Services (hereinafter referred to “the Personal Data”);
For the purpose of this clause 3, the expression “process” shall mean the collection, recording, holding, storing of the Personal Data and shall include but without limitation to:-
(i) the organisation, adaptation or alteration of the Personal Data;
(ii) the access to, retrieval, consultation or use of the Personal Data;
(iii) the disclosure of the Personal Data by transmission, transfer, dissemination or otherwise making available; or
(iv) the alignment, combination, correction, erasure or the destruction of the Personal Data.
3.2.2 you expressly consent that the Service Provider and/or its Related Corporations may process the Personal Data for the following purposes:-
(i) for the performance of this Agreement and the provision of the Services and/or any purpose which is necessary or related to the provision of the Services to you;
(ii) for the performance of a contract in which the Tron Member is a party;
(iii) for the taking of steps at the request of the Tron Member with a view to entering into a contract;
(iv) for compliance of any legal obligation, other than an obligation imposed by contact;
(v) to protect the vital interest of the Tron Member;
(vi) necessary for the administration of justice or prevention or detection a crime, or for purpose of investigations or for the purposes of public interest;
(vii) for medical purposes or for the purposes of obtaining legal advice;
(viii) execution of any functions conferred on any person by or under any law or was required or authorised by or under any law or by the order of a court or any administrative or regulatory bodies having jurisdiction over the matter;
(ix) for the assessment or collection of any tax or duty or any other imposition of a similar nature;
(x) for the purpose of responding to services or technical issues or marketing activities; and
(xi) any other purposes that are expressly or impliedly permitted by the Tron Member, whether in this Agreement or otherwise.
3.2.3 you expressly consent that the Service Provider and/or its Related Corporations may process the Personal Data for the purposes as stated at sub-clause 3.2.2 above to:-
(i) the Service Provider’s Related Corporations, its employees, workers, staffs, shareholders, directors for purposes of providing any goods or service to you;
(ii) the Service Provider’s agents, contractors, business partners or associates, affiliated companies for provisions of the Services to you, for marketing programmes or for provision of any goods or services to you;
(iii) regulatory bodies or other authorities in compliance with requirements under law or towards the detection or prevention of crime and/or fraud;
(iv) any party involved in or related to a legal proceeding for purposes in connection with the legal proceedings;
(v) other service providers or to parties nominated by the Service Provider either solely or jointly with other service providers, for purposes of establishing and maintaining a common database of customers; and/or
(vi) the Service Provider’s professional advisors on a need to know basis.
3.2.4 in addition and without derogation to Clause 3.2.1, 3.2.2 and 3.2.3, you expressly consent that:-
(i) the Service Provider may from time to time made available your e-mail address to other reputable organizations whose products or services the Service Provider think you might find interesting. If you do not want us to share your e-mail address with other companies or organizations, please notify us by way of telephone, e-mail or ordinary mail to the particulars as mentioned in the Tron Website;
(ii) the Service Provider may from time to time made available your postal address to other reputable organizations whose products or services the Service Provider think you might find interesting. If you do not want us to share your postal address with other companies or organizations, please notify us by way of telephone, e-mail or ordinary mail to the particulars as mentioned in the Tron Website;
(iii) the Service Provider may send periodic mailing to you with information on new products, services and/or upcoming events. If you do not wish to receive such mailings, please notify us by way of telephone, e-mail or ordinary mail to the particulars as mentioned in the Tron Website;
(iv) the Service Provider may make telephone calls or send SMS/MMS to you with information on new products, services and/or upcoming events. If you do not wish to receive such telephone calls or SMS/MMS, please notify us by way of telephone, e-mail or ordinary mail to the particulars as mentioned in the Tron Website.
3.2.5 the Tron Member’s acceptance to the Terms and Conditions herein constitute sufficient notice from the Service Provider in relation to the process of the Personal Data in accordance with sub-clause 3.2.
3.2.6 You are responsible for updating your Personal Data with the Service Provider and you hereby confirm that all Personal Data furnish to the Service Provider are true, accurate, complete, not misleading and kept up-to-date at all time.
3.3 Save and except as stated above and any other provisions in this Agreement or expressly agreed by the Tron Member in the future and/or as required or permitted under any enactment, law, statute, code, regulation, rules, bye-laws and/or any guidelines as determined by the relevant authorities, the Service Provider will not disclose the Personal Data to any other person.
3.4 The Service Provider:-
(i) will, when processing the Personal Data, take reasonable practical steps to protect the Personal Data from any loss, misuse, modification, unauthorised or accidental access or disclosure, alteration or destruction of the Personal Data;
(ii) will not use the Personal Data for any unlawful purposes.
3.5 You hereby expressly, unconditionally and irrevocably agree and allow the Service Provider to provide and/or disclose any information on the SMS, voice and/or any data transmitted via or through your SIM Card to be used as evidence and/or assist in investigations from time to time in any criminal or civil investigations and/or court cases as required by the relevant authorities and enforcement officers. You also hereby expressly, unconditionally and irrevocably agree to allow and consent to the Service Provider to verify any of the Personal Data with third parties where necessary.
3.6 You hereby expressly, unconditionally and irrevocably acknowledges, confirms and agrees with the Service Provider that you has placed no reliance on any statement, information, representation or warranty of any kind or nature, if any, whether expressly or by omission, be it oral or written made by the Service Provider or on their behalf to the public at large or during any communication between the Parties before or after the date of this Agreement. You further acknowledge, confirm and agree with the Service Provider that unless expressly stated otherwise in writing by the Service Provider, the information contained in the Service Provider’s brochures, pamphlets, flyers, price lists, quotations, proposals and any other promoting materials shall not be binding on the Parties hereto unless it is incorporated into this Agreement.
4. PHONE EQUIPMENT, COVERAGE & SIM CARD
4.1 You are responsible to obtain your own fixed terminal equipment which is compatible with the Service Provider’s communications system in order to use the Services or any part thereof.
4.1.1 In order to use new services provided by the Service Provider in the future, you may need to upgrade your fixed terminal equipment at your own cost and expense.
4.1.2 Your fixed terminal equipment (i.e. your phone, or other device which comprises a transmitter and receiver for radio communications services) must be type-approved by a certifying agency registered with the SKMM.
4.1.3 You are responsible to equip yourself with all the necessary and compatible hardware and software required to utilise any of the Services offered.
4.2 The telephone number as assigned to you specified in Section D is not assignable, exchangeable or transferable unless with the Service Provider’s consent.
4.2.1 You will not have any rights to the telephone number allocated to you except for the sole purpose of using the Services in accordance with the Terms and Conditions.
4.2.2 You shall not apply for registration of the telephone number allocated to you as trade mark, service mark or a combination of both, whether on their own or together with any word, graphic or any other mark.
4.2.3 The Service Provider reserves all rights to withdraw or change the telephone number allocated to you for any commercial, operational or technical reasons or pursuant to the compliance with any requirement of the regulatory authority including SKMM. The Service Provider shall endeavour to give you reasonable notice in such event and provided that the circumstances permit.
4.3 The SIM Card shall at all times remain the exclusive property of the Service Provider and you shall not transfer and/or assign the SIM Card to any person without the Service Provider’s prior written consent.
4.3.1 The Service Provider is not under any obligation to compensate you for your lost, stolen, damaged, faulty or cloned SIM Card or for any unused credit balance.
4.3.2 If the Service Provider chooses to replace your SIM Card, you will be charged for such replacement in the amount as may be determined by the Service Provider at any time and from time to time.
4.3.3 The Service Provider will replace a defective SIM Card at no cost if the defect is proven to the Service Provider’s satisfaction to have been caused by the manufacturer or supplier of the SIM Card and provided that you return the defective SIM Card to the Service Provider within fourteen (14) days from the date the Services are activated or from the date the Tron Membership Pack is purchased from the Service Provider or the Service Provider’s authorised distributor or dealer, whichever is applicable. Proof of purchase of the Tron Membership Pack must be furnished to the Service Provider, failing which the Service Provider shall at its absolute discretion decide not to replace the defective SIM Card.
4.3.4 You shall take all precautionary steps to prevent the loss, theft, unauthorised use and/or cloning of the SIM Card. In the event of any loss, theft, unauthorised use and/or cloning of the SIM Card, you shall immediately notify us. You shall remain liable for all charges and costs incurred in relation to the SIM Card including all costs associated with its unauthorised use.
4.4 All SIM Cards must be activated within Malaysia and before the expiry date printed on the Tron Membership Pack.
4.4.1 You shall, as required by law, register your personal particulars with the Service Provider upon the purchase of the Tron Membership Pack.
4.4.2 If you fail to register or activate the SIM Card or the use of the Services is not activated by you, by the expiry date printed on the Tron Membership Pack, the SIM Card will be deactivated.
4.4.3 A non-activated SIM Card which has passed the expiry date imprinted on it will not be usable and/or returnable and no refund shall be given to you in respect of the same.
4.4.4 The Service Provider may at any time terminate your SIM Card and bar your access to the Services if you breach any of the Terms and Conditions or otherwise without giving any reason whatsoever including but is not limited to if you fail to register.
4.5 Upon activation of the SIM Card in the Tron Membership Pack, you may begin to use the Services up to the value of the credit in your Tron Account for the duration of validity period as stated in the Tron Membership Pack.
4.5.1 Upon expiration of the credit validity period, you must perform a reload with the Tron Reload Vouchers in order to continue to use the Services. In the event no reload is performed, the SIM Card shall be terminated and any remaining credit including any other service or benefit or points accumulated in the Tron Account shall be forfeited without any further notice.
4.5.2 The validity period of the credit after reload shall be the period of time between the date of reloading and the stipulated validity period stated on the Tron Reload Vouchers.
4.5.3 The credit value in the Tron Reload Vouchers which have passed the expiry date imprinted on them will not be usable and/or returnable and no refund shall be given to you in respect of the same.
4.5.4 Unless otherwise agreed in writing by the Service Provider, the credit value and/or any balance of the credit value in your Tron Member’s Tron Account are not redeemable for cash.
4.5.5 Unless otherwise agreed in writing by the Service Provider, the Tron Reload Vouchers are not refundable. Any value that has been reloaded is not transferable or refundable. The Service Provider will not be liable for any loss or damage due to reloading errors caused by the user of the Tron Reload Vouchers.
4.5.6 The Service Provider shall reserve all rights to forfeit any of the remaining talk time credit after the expiry of the respective validity period(s).
4.6 The Service Provider shall not in any way be liable to reimburse you any forfeited credit value or for any damages, cost, loss or expenses suffered as a result of the suspension and/or termination of your Tron Account and/or the Services.
5.1 To the extent permitted by law, the Services are provided on an “as is” and “as available” basis and the Service Provider shall not be liable for and makes no express or implied representations or warranties, guarantee or representation of any kind in relation to the Services including but is not limited to:-
5.1.1 availability, accessibility, timeliness and uninterrupted use of the Services;
5.1.2 sequence, accuracy, completeness, timeliness or the security of any data or information transmitted or received by you in connection with the Services;
5.1.3 the condition, merchantability, or fitness of any part of the Services;
5.1.4 the quality of the service equipment used by you that is necessary for the access and/or use of the Services;
5.1.5 the quality of the network coverage, whether domestic or international.
5.2.1 Your usage of any part of the Services implies your acceptance of all the terms and conditions of the Services which may be varied, modified, amended, deleted, added or terminated in whole or in part at any time and from time to time without any prior notice from the Service Provider.
5.3 Any entitlement for the benefits of the programmes requiring registration will be subject to your successful application.
5.4 The Service Provider shall be entitled at its absolute discretion at any time to suspend and/or disconnect your access to the Services without any notice or compensation to you in the following circumstances:-
5.4.1 if any technical failure occurs in the Services or the Service Provider, the Service Provider’s Related Corporations or the Service Provider’s affiliated corporations’ network which supported the Services in whole or in part;
5.4.2 while the Services are being upgraded, added, deleted, amended, varied, modified or maintained either in whole or in part;
5.4.3 if you breach any of the Terms and Conditions;
5.4.4 if you do anything which may in the Service Provider’s sole opinion, lead to the damage or injury to the Services or the Related Corporations’ network or the Service Provider’s affiliated corporations’ network which supported the Services in whole or in part;
5.4.5 if the Services Provider is required to do so by any law, statue, enactment, code or by any relevant authorities;
5.4.6 if it is in the Service Provider’s sole opinion that the Services or the Service Provider’s Related Corporations or the Service Provider’s affiliated corporations’ network which supported the Services in whole or in part is or may be used fraudulently or for unlawful purpose.
5.5 The Service Provider will endeavour to resume the Services as soon as possible in the event the suspension or disconnection occurs due to the circumstances as stated at Clause 5.4 above. You shall be liable for all applicable charges during the period of interruption, suspension, disconnection or loss of the Services or part thereof from any cause whatsoever.
5.6 The Service Provider reserves the absolute right at any time and without being liable to you or any third party whatsoever to:-
5.6.1 impose a fee, extra charges and/or penalty to you who misuse the free calls or data services or any other services provided, directly or indirectly or through the Service Provider by way of unauthorised selling and/or Commercial Gain;
5.6.2 impose any minimum or maximum capping for the free voice and/or data usage without prior notice to you based on the fair usage policy which may be changed at any time and from time to time at the Service Provider’s absolute discretion;
5.6.3 suspend, disconnect and/or terminate your telephone line in the case of suspected Commercial Gain activity not limited to any voice and/or data services and promotions being offered.
For the avoidance of doubt, “Commercial Gain” referred herein shall mean any form of profits earned and/or gained and/or likely to be gained by the Tron Member directly and/or indirectly with or without intention of gaining profit arising from the usage and/or utilisation of the Services of any part hereof with any unauthorised device or any other ways in any manner whatsoever which unfairly exploit the unlimited free voice and/or data usage (as and when it is made available by the Service Provider in any of its promotions, plans and/or packages) or spamming activities for the purposes of unauthorised reselling. Commercial related SMS sent by you under this plan shall be deemed as a breach of these Terms and Conditions.
5.7 It is hereby agreed that the Service Provider and/or its Related Corporations and/or the Service Provider’s affiliated corporations’ network which supported the Services in whole or in part which shall include its employees, workers, staffs, shareholders, directors shall not in any way be liable to you or any third party authorised by or claiming through you for any loss or damage, whether direct , indirect, special or consequential, or for loss of business, revenue or profits or of any nature suffered by you or any person authorised by you, or any injury caused to or suffered by a person or damage to property arising from or occasioned by:-
(i) the use or inability to use by you or any persons authorised by you, of the Services or any part thereof;
(ii) any malfunction, unauthorised use, cloning of or defect in the Services and/or the SIM Card or any part thereof for whatsoever reasons;
(iii) any act, omission, error, default or delay by use by the Service Provider and/or its Related Corporations which shall include its employees, workers, staffs, shareholders, directors in relation to the Services.
5.8 Without limiting the generality of Clause 5.7 above, that the Service Provider and/or its Related Corporations and/or the Service Provider’s affiliated corporations’ network which supported the Services in whole or in part which shall include its employees, workers, staffs, shareholders, directors shall not in any way be liable to you or any third party authorised by or claiming through you for:-
(i) any claim for libel, slander, infringement of any Intellectual Property rights arising from the transmission and receipt of material in connection with the Services and any claims arising out of any act or omission on your part in relation to the Services or any part thereof;
(ii) any loss or damage caused to you as a result of the suspension/termination of the Services and the interruption/loss of suspension/termination of the Services and the interruption/loss of the Services or any part thereof from any cause;
(iii) any loss, distortion or corruption of data arising from the use of the Services to transmit data or for data communication purposes at any stage of the transmission including any unlawful or unauthorised access to your transmission or date;
(iv) interruption or unavailability of the Services as a result of including but not limited to adverse weather conditions, electromagnetic interference, equipment failure or congestion in the Service Provider and/or its Related Corporations and/or affiliated corporations’ network or telecommunication systems.
5.9 The Tron Fair Usage Policy (“Policy”) sets out an acceptable level of conduct between the Service Provider and the Tron Member using the internet services as part of the Services. It is hereby acknowledged and agreed by the Tron Member that:-
(i) the internet access service which maybe provided by the Service Provider from time to time is a shared service and the Tron Member’s activities and usage will affect other users/members using and sharing the same network.
(ii) certain software/applications which is used by a small number of customers/TRON members to send and/or receive files containing very large amounts of data (including without limitation traffic from peer-to-peer software and/or applications (such as Bit Torrent, eDonkey, Gnutella, Dropbox) or file sharing software (such as Limewire). These activities may cause network congestion and can negatively impact the speed at which other customers can access the Internet;
(iii) the Service Provider does not guarantee a service level and/or connectivity to users of peer-to-peer or file sharing software and/or applications;
(iv) the system that is used to provide the internet service for the Services can identify very high bandwidth users and the Service Provider seeks to manage the customers’ usage by throttling their bandwidth to a much lower internet connection speed to ensure fairness to all customers/TRON members;
(v) the Tron Member is reminded that the software (as mentioned in section 5.9 (i) above) allows the download of illegal content which the Service Provider prohibits, which is an infringement of copyright and other Intellectual Property rights and rightful owners of such copyright and/or Intellectual Property rights may take measures to prosecute and/or take legal course of actions against violators/offenders. Each individual download can be traced by the Tron Member’s IP address back to the Tron Member’s account with the Service Provider;
(vi) each customer’s total usage per month shall NOT exceed the quota permitted by the respective Tron Membership Package (total upload and download usage). This is to ensure no individual hogs the bandwidth at all times.
(vii) the Service Provider reserves the absolute right to reject any application or charge for any additional data volume transmitted from what is already allocated or throttle the speed when the Tron Member exceed the usage limit allocated.
(viii) the Service Provider shall at its absolute discretion automatically disconnect the Tron Member’s internet session after a period of inactivity, which may vary from 20 minutes to 30 minutes. This automatic disconnection is to allow maximum network performance (where applicable); and
(ix) in the event the Tron Member fails to comply with any of the provisions in this Tron Fair Usage Policy as stated above, the Service Provider shall at its absolute discretion, have the Tron Member’s bandwidth managed, suspend or terminate the Services or any part thereof without any notice to the Tron Member and without any obligation to the Tron Member.
5.10 You hereby acknowledge and agree that the mobile data services as part of the Services will be provided on a “pay as you use” (PAYU) basis and the charges for your data services will be based on your usage. You further acknowledge and agree that it is your responsibility to switch off the “mobile data” or “mobile internet connect” setting in your phone in the event you do not wish to use the data internet. The Service Provider shall bear no responsibility of whatsoever nature in the event charges are levied based on your data internet usage caused by your failure to switch off your phone settings.
6. THE TRON MEMBER’S RESPONSIBILITIES
6.1 In addition to all other covenants, representations, undertakings, or warranties contained in this Agreement and without derogation to the same, the Tron Member hereby expressly, unconditionally irrevocably agrees and undertakes with the Service Provider and/or represents and warrants to the Service Provider that:-
6.1.1 you shall promptly and punctually pay all fee, charges, rates and other charges or payments payable in respect of the use of the Services.
6.1.2 you shall promptly pay and settle all applicable taxes, levies and/or duties that are payable by you in relation to the use of the Services.
6.1.3 you shall abide with all notices or changes made by the Service Provider.
6.1.4 you shall report to the Service Provider immediately upon the discovery of fraud, unauthorised usage, loss, theft of your SIM Card and any other occurrence of illegal or unlawful deeds in relation to the use of the Services. You must call the Service Provider’s customer service number as provided in the Tron Website to lodge a complaint and/or to lodge a police report (if required) and a certified true copy of the police report must be given to the Service Provider.
6.1.5 you shall ensure that the phone used by you for the SIM Card and the use of the Services is legally owned/possessed/used by you at all times and you shall not or allow any person to modify or manipulate the phone and/or the SIM Card which is against any laws or regulations of Malaysia.
6.1.6 you shall cease from using the Services or any part thereof for such period as may be required and notified by the Service Provider.
6.1.7 you shall be responsible for all the security and integrity of information and data transmitted or broadcasted by you or any person using your phone, whether with or without your authorisation.
6.1.8 you shall keep the personal identification number (PIN) of the SIM Card confidential and shall not reveal and/or disclose any PIN or important information to any other person at all times unless legally obligated to do so.
6.1.9 you shall ensure that the Services and the SIM Card are used solely for the reception and transmission of message (including without limitation to picture, data and/or audio files) and other telecommunications by you or other persons using your phone.
6.1.10 you shall not use the Services with any unauthorized device which illegally exploits the unlimited free voice and/or data usage or spamming activities for the purposes of unauthorized reselling for Commercial Gain (as defined in Clause 5.6 above).
6.1.11 you shall provide accurate, complete and not misleading information and/or particulars to the Service Provider and inform the Service Provider immediately of any changes but not limited to, any changes in the address and/or contact particulars.
6.1.12 you shall comply with all applicable laws, rules and regulations, codes, circulars and any requirements or restrictions which the Service Provider or other service providers and/or operators may impose on the use of the Services or any telecommunications system, equipment or device.
6.1.13 you shall take all reasonable precautionary steps to prevent fraudulent, improper or illegal use of the Services or any part thereof.
6.1.14 you shall duly performed and fulfilled all obligations, covenants, stipulations under this Agreement;
6.1.15 you shall follow and/or abide all instructions, guidelines protocols, handling procedures and/or rules in this Agreement and/or issued by the Service Provider from time to time when using the Services;
6.1.16 you shall not use the Services or any part thereof to cause embarrassment, distress, annoyance, irritation or nuisance to any person.
6.1.17 you shall not use or allow any part of the Services to be used:-
(i) for any unlawful purposes or for any purpose which shall be deemed unlawful, defamatory, threatening to the national security and/or public order , and/or which is likely to encourage crime or lead to public disorder, and/or which instigate racism or otherwise prohibited,
(ii) to transmit or post any contents (whether via SMS/MMS, text, data, voice, audio, visual, or any form) which may give rise to civil liability or otherwise violate any applicable laws, ordinances, rules or regulations or which may contain offensive element which shall be or deemed to be indecent, obscene, pornographic (which includes nudity and sex, unless approved by the Film Censorship Board), profane, false, vulgar, menacing and/or offensive in character with intent to annoy, abuse, threaten or harass any person and/or in any way tantamount to anything which offends or contempt good taste or decency and/or is offensive to public feeling;
(iii) in any manner which may constitute a violation or infringement of the rights of any party, including, but not limited to, their Intellectual Property or confidentiality or privacy rights;
(iv) to be resold or otherwise provided to third parties without the Service Provider’s prior written consent, whether for a profit or ex gratia or otherwise;
(v) in a manner that results in the Service Provider being liable for any loss or damages under any applicable laws, rules or regulations;
(vi) for the purpose of sending, receiving, publishing, distributing, disseminating, encouraging the receipt of, uploading, downloading or using any material which is offensive, abusive, defamatory, indecent, obscene, unlawful, harassing or menacing or a breach of any Intellectual Property rights or breach of confidentiality or invasion of privacy, or defamatory in nature or invasion of any rights of any person;
(vii) for the purpose of sending or uploading unsolicited e-mails, advertising or promotional materials, offering to sell any goods or services, or conducting or forwarding surveys, contests or chain letters;
(viii) for knowingly or negligently transmitting or uploading any electronic material (including, without limitation to files that contain virus, corrupted files, or other similar software or programme) which is known or likely to cause or you have reason to believe that will interrupt, damage, destroy or limit the functionality of any computer software, hardware or telecommunications equipment owned by the Service Provider;
(ix) which involve activities that are in breach of any other third party’s rights, including downloading, installation or distribution of pirated software or other inappropriately licensed software, deletion of any author attributions, legal notices or propriety designations or labels in any file that is uploaded, falsification of the origin or source of any software or other material;
(x) which allow any activities which may disrupt or interfere with the Service Provider and/or its affiliated company’s network or services or cause a host or the network to crash;
(xi) for the launching of ‘”denial of service” attacks, “mail-bombing” attacks, “spamming” or “flooding” attacks against a host or network;
(xii) for excessive use of, or placing unusual burdens on, the network, by for example sending or receiving large volumes of e-mail or excessively large mail attachments; and
(xiii) for creating, transmitting, storing or publishing any virus, Trojan, corrupting programme or corrupted data.
6.1.18 you shall not post or transmit anything including any information of any kind which contains or which you have reasonable belief to contain virus or other harmful components and you shall not delete any author acknowledgments, legal notices or proprietary designations or labels attached to or expressed in any file that is uploaded.
6.1.19 you shall not download any file posted by any other user of the Services if you know or reasonably ought to know that such file cannot legally be distributed in any manner whosoever.
7. EXCLUSION OF LIABILITIES & INDEMNITY
7.1 You hereby acknowledge and agree that the Content made available by the Service Provider via the Services is provided by the Service Provider or third parties. The Service Provider does not filter, check and/or edit the Content and therefore the Service Provider is under no obligation to censor the Content or any part thereof or information provided, even if it is co-branded or promoted or endorsed by the Service Provider.
7.1.1 The Service Provider does not warrant and in particular does not guarantee the sequence, accuracy, authenticity, security or timeliness of the Content and the Service Provider disclaim all liabilities of whatsoever nature in relation to the Content provided.
7.1.2 By using the Services, you acquire no rights or interests to the Content and you agree not to distribute or forward the Content to any other person.
7.1.3 The Service Provider shall not be liable and makes no express or implied representations or warranties or guarantees of any kind in relation to the sequence, veracity, reliability, quality, accuracy, completeness or the security of any data or information transmitted using the Services.
7.1.4 You shall not reproduce, tamper, alter, add, delete, modify, amend or vary in whatsoever manner, distribute or forward the Content (whether in its original or adapted form) received as part of other Services to anyone else for purpose of creation of any commercial products, whether tradable or otherwise including but not limited to, any derivative products whether for your own purposes or for the purposes of any third party.
For the purpose of this Clause, “Content” means any or all particular content or application in respect of the particular or any sound, text, articles, editorial(s), news, tutorial(s), tip(s), suggestion(s), graphic(s), photograph(s), video, or other audio-visual representation, audio, headline(s), abstract(s), meta tag(s) and/or data or information relating to any subject and/or advertisements or embedded software provided or made available by the Service Provider which is capable of being created, manipulated, stored, retrieved or communicated electronically for delivery to Tron Member.
7.2 The Service Provider shall not be liable or responsible in any manner of whatsoever nature for any loss or damage suffered by the Tron Member or any other person as a result of using the Content of any information or data thereof including the damage or loss of data caused by virus or any other similar programmes.
7.3 The Service Provider shall not be liable for, and you agree to indemnify the Service Provider against all claims, losses, liabilities, proceedings, demands, costs and expenses (including legal fees) which may result or which the Service Provider may sustain in connection with or arising from the provision of the Services to you. You shall also reimburse the Service Provider all such payments including but is not limited to taxes, levies and/or duties payable which the Service Provider has advanced or settled on your behalf, whether under a statutory obligation or otherwise.
7.4 Without prejudice to any of the foregoing provisions, in the event a court, arbitrator, tribunal or any other authority who have the jurisdiction over the matter holds or finds the Service Provider liable to you for any breach or default by the Service Provider, you agree that the amount of damages payable by the Service Provider to you shall not at any time exceed the sum of Ringgit Malaysia Five Hundred (RM500.00) Only notwithstanding any order, decree or judgment to the contrary.
7.5 The limitations and exclusions in this Agreement shall apply regardless of whether a claim is based in contract, warranty, indemnity, tort/extra-contractual liability (including negligence), strict liability or otherwise to the extent in which it is permitted by law.
7.6 Your use of the Services connotes that you agree to fully indemnify and keep the Service Provider, its officers, employees, staff, workers, agents, contractors, authorised personnel fully indemnified against any loss, damage, claims, costs, expenses, liabilities, penalties arising from any claims for libel, invasion of privacy, infringement of copyright, patent, breach of confidence or privilege or breach of any law or regulation whatsoever arising from the material transmitted, received or stored via the Services or part thereof and from all other claims arising out of any act or omission by you or any unauthorized use or exploitation of the Services or any part thereof.
7.7 You shall be responsible for all taxes, levies or duties, if applicable, in relation to the Services. You shall reimburse the Service Provider on demand for any such expenses, which the Service Provider is obliged to pay on your behalf.
8. TRON MEMBERSHIP PROGRAMME
8.1 The Tron Membership type as specified in the application/registration form is more particularly described in the user guide in the Tron Membership Pack and the Tron Website. A subsisting Tron Member is entitled to enjoy the privileges, benefits and entitlements provided under the membership programme as more particularly described from time to time on Tron Website (hereinafter referred to as “Tron Membership Programme”).
8.2 The Tron Member shall only be entitled to the Tron Membership Programme, whether in whole or in part subject strictly to the following conditions in addition to the terms and conditions as published on Tron Website from time to time and all other terms and conditions attached to each and every type of programme under the Tron Membership Programme, whether contained in this Agreement or otherwise:-
8.2.1 Any additional cost, expenses incurred, or arrangements made in connection with any redemption, rewards or benefits under the Tron Membership Programme shall be the sole responsibility of the Tron Member.
8.2.2 Unless agreed otherwise in writing by the Service Provider, the redemption, rewards or benefits under the Tron Membership Programme are not exchangeable for other rewards, or refundable, replaceable, or transferable for cash or credit under any circumstances.
8.2.3 Any abuse or misuse or illegal/immoral use of the privileges, benefits or entitlements under the Tron Membership Programme may result in the cancellation, suspension, termination, or withholding of Tron Membership.
8.2.4 All goods, products or services made available for redemption as the privilege, benefit or entitlement of the Tron Membership Programme are made available to the Tron Member on an “as is” basis and “as available” basis. The Service Provider makes no express or implied representations or warranties or guarantees in relation to any of the good, product or services including but not limited to, the satisfactory, fitness for purpose, merchantability, safety, legality, title and non-infringement. To the full extent permitted by law, the Service Provider disclaims any and all such warranties, representations or guarantees.
8.2.5 In no event shall the Service Provider, its Related Corporations or its affiliated corporations, including but is not limited to its employees, workers, staffs, shareholders, directors, agents or business partners be liable in any manner whatsoever to any Tron Member or third party authorised by or claiming through a Tron Member whether in contract or in tort for any loss or damage, direct or indirect, special or consequential or of any nature suffered by any Tron Member resulting from the use or inability to use any of the privileges, benefits or entitlements attached to the Tron Membership Programme, including but without limitation to:-
(i) any injury or death;
(ii) any failure by the participating business partners to meet the terms and conditions on which it has been agreed to provide a privilege, benefit or entitlement or discount or products, goods or services;
(iii) the suspension or termination of the Tron Membership.
8.3 The Service Provider has the absolute rights and without assigning any reason whatsoever and without prior notification to the Tron Member from time to time and at any time to review, withhold, suspend, cancel, terminate, discontinue, amend, vary, modify, add, delete:-
(i) the membership of the Tron Member;
(ii) any part of the Tron Membership Programme;
(iii) any benefits, terms and conditions, charging structures and usage mechanism in relation to or associated or affiliated with any part of the Tron Membership Programme;
(iv) the qualifications, eligibility, criteria and requirements for the entitlement to the Tron Membership Programme, whether in whole or in part.
8.4 In the event of any additional and/or supplemental services or products provided by third party including but is not limited to Personal Accident Insurance plan, the use of which shall be strictly subject to the terms and conditions as published in the Tron Website and the Service Provider shall not in any way be responsible or liable to you or any third person for the products and/or services provided by third parties.
9. MOBILE NUMBER PORTABILITY (“MNP”) (IF AND WHICHEVER IS APPLICABLE)
9.1 If you Port a Mobile Number you have obtained from us to use with the services to another mobile/fixed cellular service provider with a Mobile Phone or you Port the Mobile Number from another mobile service provider to the Service Provider’s fixed cellular network, you acknowledge and accept that:-
(i) you must settle all outstanding contractual obligations including all outstanding payment (if any) with the DNO before you are allowed to Port;
(ii) you may only Port a Mobile Number for which you are the authorised and duly registered holder of the Mobile Number;
(iii) only active Mobile Numbers are eligible for Porting. Mobile Numbers which have been suspended, terminated, blacklisted on the defaulters’ database and/or barred shall not be eligible for Porting;
(iv) you are only allowed to Port the Mobile Number and not the telecommunications network services;
(v) the Mobile Numbers requested for Porting by you must be in the range of Mobile Numbers as approved by SKMM from time to time;
(vi) Mobile Number Porting is subject to existing geographical numbering requirements;
(vii) the requirements in the MNP code and any bilateral agreements made between us and other mobile/fixed cellular service provider must be met before you may Port your Mobile Number;
(viii) the Service Provider may, upon receipt of a Port request from you, notify you by way of SMS the progress of your Port request;
(ix) any balance of credit you had with the DNO shall be forfeited. The Service Provider shall not be liable and/or responsible to you or any third party authorised by or claiming through you for such forfeiture of any balance of credit;
(x) any fee paid for Porting are non refundable;
(xi) we do not guarantee or warrant that your Mobile Number can be Ported from your previous mobile/fixed cellular service provider to our fixed cellular network. Your previous mobile/fixed cellular service provider may reject your request to Port if the information you provided is incorrect or does not match the data held by them.
9.2 You expressly, irrevocably and unconditionally consent, acknowledge and agree that you request to the Service Provider to Port your Mobile Number represents a notice to terminate your subscription with the DNO. The Service Provider shall not be held responsible or liable for any unsuccessful termination of your subscription with the DNO and resulting failure to Port with the Service Provider.
9.3 In the event of a Port to the Service Provider, or Port withdrawal or Port reversal to the DNO, the Service Provider:-
(i) is not responsible for any period of outage of your service or any related ancillary services;
(ii) is not liable to you or any person third party authorised by or claiming through you for any damage, loss, costs or expenses or other liability in contract or tort or otherwise direct or indirect, for or in relation to the Port, or Port withdrawal or Port reversal, for any reason whatsoever;
(iii) will not refund the Porting fee.
9.4 Acceptance of the Terms and Conditions will only be effective upon activation of the Ported number by the Service Provider.
9.5 In addition to Clause 3.2, you expressly authorise the Service Provider to provide information regarding your Mobile Number to be disclosed to other telecommunication service providers to enable the transfer of your Mobile Number one telecommunication service provider to another.
10. CONFIDENTIALITY AND INTELLECTUAL PROPERTY RIGHTS
10.1 For the purpose of this Clause, “Confidential Information” shall means all proprietary non-public and confidential or personal data of the Parties or information which the Parties may have access to or which may have come to the knowledge of the Parties and/or pursuant to this Agreement and/or any information in respect of the security arrangements between the Service Provider and the Tron Member under this Agreement. The Tron Member’s Confidential Information shall not include information which (i) is in the public domain at the time of disclosure or later enters the public domain through no fault of the Service Provider, and/or (ii) is received by the Service Provider from a third party not associated and/or related to the Tron Member; and/or (iii) is presently known to the Service Provider; and/or (iv) is required to be disclosed by law, judicial or administrative process or by governmental authority and/or (v) with written consent of the Tron Member including the Personal Data which are consented to by the Tron Member pursuant to the clauses aforementioned.
10.2 The Tron Member hereby irrevocably and unconditionally agree and authorise the Service Provider to disclose the Tron Member’s Confidential Information to:-
(i) any persons which are related to and/or associated with and/or affiliated with the Service Provider if such disclosure is necessary for the operation of the Services and/or for the purpose of performing the duties or obligations in relation to and/or ancillary to this Agreement; or
(ii) the Service Provider’s employee(s), staff(s), agent(s) if such disclosure is necessary for the operation of the Services and/or for the purpose of performing the duties or obligations in relation to and/or ancillary to this Agreement; or
(iii) Bank Negara Malaysia (“BNM”) or any bureau set up by or authorized by BNM to receive such information, if such disclosure is required by the BNM; or
(iv) to any other appropriate authorities, the Inland Revenue Board to whom the Service Provider is compelled to provide and/or disclose such information in accordance to any applicable legislation, rulings, regulations, ordinance, bye-laws and/or other statutory provisions including the Anti-Money Laundering and Anti-Terrorism Financing Act 2001.
10.3 The Tron Member covenants with the Service Provider that it shall keep all the Service Provider’s Confidential Information in confidentiality and shall not divulge or disclose the Service Provider’s Confidential Information for its or third party’s undue benefit. This confidentiality obligation shall survive notwithstanding any lawful termination of this Agreement.
10.4 The Tron Member hereby irrevocably and unconditionally acknowledges and agrees that:-
10.4.1 You shall not:-
(i) use any information or content or any parts thereof (whether in its original or adapted form) received as part of the Services, for purposes of creation of any commercial products, whether tradable or otherwise including but is not limited to, any derivative products whether for your own purposes or for the purposes of any third part.
(ii) disseminate or provide to any third party:-
(a) Bursa Malaysia Securities Berhad (“Bursa Malaysia”) information or any part thereof (whether in its original or adapted form) received as part of the Services;
(b) any other information or content (whether in its original or adapted form) received as part of the Services, of which the Service Provider shall inform you from time to time.
10.4.2 the Service Provider’s Mark, articles, graphic representation, company name, domain name(s) of the Service Provider including but is not limited to the Tron Website are proprietary to the Service Provider and the Tron Member cannot invoke and/or claim any rights in this respect or any other Intellectual Property rights from the Service Provider and this Agreement does not give you any interest in the Service Provider’s Mark and/or the Tron website except the right to use the same in accordance with the Terms and Conditions of this Agreement.
10.4.3 All Intellectual Property rights in relation and/or attached to the Tron Website shall belong to the Service Provider. No Intellectual Property rights are assigned to the Tron Member based on this Agreement.
10.4.4 you shall grant the Service Provider an irrevocable, worldwide royalties free licence to copy and adapt and reproduce in any manner whatsoever any information generated through your use of the Services to the extent necessary for the Service Provider to provide or to promote the Services or for the Services.
11. TERMINATION OF AGREEMENT
Events of Default by the Tron Member
11.1 Upon the occurrence of any of the following events:-
(a) if you defaults in any payment to the Service and/or any other monies covenanted to be paid hereunder including but is not limited to any default interest payable thereto after the same shall have become due by the Tron Member to the Service Provider whether formally demanded or not; or
(b) if you commits or threatens to commit a material breach of any term, stipulation, covenant or undertaking contained in this Agreement; or
(c) if you shall commit a breach of and/or violate any applicable laws in connection with the terms and conditions under this Agreement; or
(d) if there is any technical problem occurs in the Services or related network; or
(e) if there is any problem occur with the fixed cellular network or the network provider supporting the fixed cellular network in which the Services are based were interrupted or terminated or suspended for any reason whatsoever or the license to operate the Service Provider’s system is terminated; or
(f) while the Services are being upgraded, modified or maintained; or
(g) when it is for the purpose of testing or correcting any malfunctioning of the phone or the Service Provider’s system; or
(h) if you do anything which may in the Service Provider’s sole opinion, lead to, including but not limited to, the damage or injury to the Services or the Service Provider’s related network or operation or its reputation and business goodwill; or
(i) if the Service Provider is required to do so by law, statute, enactment, ordinance, code or by any other relevant authorities; or
(j) if it is in the Service Provider’s sole opinion that the Services or the Service Provider’s host network is or may be used fraudulently, illegally or for unlawful purposes; or
(k) any other reason that may be determined by the Service Provider and published on Tron Website from time to time,
The Service Provider shall, notwithstanding any contrary provisions herein contained and in addition to but without prejudice to any other termination rights as may be conferred and contained in this Agreement, be entitled at any time thereafter, without further notice to you and without any obligation to provide you with any explanation whatsoever and without prejudice to all other rights, powers and remedies conferred on the Service Provider by virtue of this Agreement or by operation of by law or equity, to terminate this Agreement forthwith and thereafter this Agreement shall terminate and cease to have any effect upon the other parties’ receipt of such notice and neither Party hereto shall have any claims against the other save and except for any antecedent breach of this Agreement.
11.2 You may terminate the Agreement by giving the Service Provider written notice of termination. The Services shall be terminated within three (3) Business Days from the date of receipt of the written termination notice by the Service Provider from you.
11.3 Upon termination of this Agreement, the Tron Member shall immediately or within such extension of time as may be granted by the Service Provider in writing and at its absolute discretion (if any):-
11.3.1 settle all outstanding charges and other sums due and owing to the Service Provider pursuant to this Agreement (if any) including charges for the usage of the Services and any other outstanding and/or commitment amounts, including all those under a fixed contract period; and
11.3.2 return the SIM Card to the Service Provider.
11.4 The Service Provider may at its absolute discretion terminate all other benefits, entitlements, and promotions upon termination of this Agreement without being liable to the Tron Member in whatsoever nature.
11.5 In the event of any suspension of the Services, the Service Provider may at its absolute discretion reconnect the Services, subject to you paying a reconnection fee and all outstanding amount due including any late payment interest therein to the Service Provider.
12. FORCE MAJEURE
12.1 “Force Majeure Event; means any physical event or circumstance beyond the control of a Party which prevents that Party from performing its obligations under this Agreement or uncontrollable events which make it impracticable or commercially unreasonable for the Party affected by such events to perform under the terms of this Agreement, which events shall include but is not limited to acts of God, acts of war, invasion, act of foreign enemy, hostilities, warlike operations, civil disobedience, rebellion, insurrection, military or usurped power or confiscation by order of any Government or public authority, terrorism or threat of terrorism, military call-ups and other situation or crisis, mutiny, riots, mobilisation, unusual or unexpected shortage of labour, labour lockouts, strikes or other industrial actions, sabotage, action or intervention of authorities, boycott, unexpected change in weather conditions, damage caused by thunderstorm, flood, hurricane, typhoon, earthquake, tornado, cyclone, volcanic eruption or other natural disaster, disturbance in electric supply, or scarcity of transport equipment or fuel. For avoidance of doubt, an act of terrorism means an act, including but not limited to the use of force or violence and/or threat thereof, any person or group(s) of persons, whether acting alone or on behalf of or in connection with any organisation(s) or government(s), committed for political, religious, ideological or similar purposes including the intention to influence any government and/or to put the public, or any section of the public in fear. For avoidance of doubt, a Force Majeure Event shall not include any event or circumstance which may be avoided by an act or omission of a Party hereto.
12.2 Neither party shall be liable to the other in respect of the performance of obligations under this Agreement upon occurrence of any Force Majeure Event. Although the Service Provider will use its best efforts to ensure adequate sources of supply of raw materials and component parts to comply with its obligations under this Agreement, the Service Provider reserves the right to declare any shortages thereof a Force Majeure. An operating error caused by the Tron Member, a defect in equipment or in a communication connection or line, interruption, break-down or disturbance in telecommunications or telecommunication connections, as well as a network operator’s error shall also be deemed to constitute such ground for relief on the part of the Service Provider.
12.3 Notwithstanding anything contained herein, no Force Majeure Event shall apply to any obligation to pay any sum of money under this Agreement in a timely manner by the Tron Member in accordance with the provisions of this Agreement.
13.1 All notices, requests and/or other communications to be given by the Service Provider to you under these Terms and Conditions will be published in the Tron Website and/or published in national newspapers in the main languages, published daily and circulating generally throughout Malaysia.
13.2 All notices, requests and/or other communications to be given by you to the Service Provider under these Terms and Conditions must be in writing and sent to the address as set out above.
13.3 All notices, requests and/or other communications given by the Service Provider to you pursuant to this clause shall be deemed to have been served if published on the Tron Website; or published in national newspapers in the main languages, published daily and circulating generally throughout Malaysia.
13.4 All notices, requests and/or other communications given by you to the Service Provider pursuant to this clause shall be deemed to have been served if:-
13.4.1 if delivered by hand, at the time of delivery;
13.4.2 if sent by prepaid registered post, on expiry of five (5) days after posting; and
13.4.3 if sent by facsimile transmission, at the time of transmission provided that a written confirmation copy is sent by post to the addressee within two (2) Business Days after the transmission.
13.5 In proving the giving of a notice or communication, it shall be sufficient to show:-
13.5.1 in the case of prepaid registered post, that the notice or communication was contained in an envelope which was duly addressed and lodged with the postal authorities for delivery; or
13.5.2 in the case of facsimile, that the notice or communication was duly transmitted from the sender’s facsimile machine, as evidenced by a transmission report generated by such machine upon completion of the transmission confirming that the transmission was successful, the appropriate number of pages were sent and the addressee’s facsimile number to which it was sent is correct.
14.1 Time of Essence
Time wherever mentioned in this Agreement shall be of the essence.
The Tron Member hereby unconditionally and irrevocably agrees and authorise the Service Provider at anytime and from time to time and with or without notice to the Tron Member, to revise, amend, delete, vary, modify and/or supplement all or any of the Terms and Conditions herein contained.
The prevailing Terms and Conditions are as updated on the Tron Website and the updated Terms and Conditions shall apply and supersede any and all previous versions, including in any user guide or the terms and conditions as stated in the Tron Membership Pack.
You are responsible to regularly review information relating to the Services posted on the Tron Website which may include changes to the Terms and Conditions. Your continued use of the Services after the effective date of any change to the Terms and Conditions shall constitute unconditional acceptance of such variations, additions, deletions, amendments, modifications by you and you shall be unconditionally bound by the same. If you do not accept such changes, you shall be entitled tot terminate the use of the Services.
The Tron Member may not assign or transfer or novate any of their respective rights or obligations under this Agreement without the prior written approval of the Service Provider. Any purported assignment or transfer made without such prior written approval of the Service Provider shall not be binding on or effective against the Service Provider.
The Service Provider shall reserve all absolute rights to assign or novate all or part of these Terms and Conditions to any third party by notice to you without your prior consent.
14.4 Successors in title and Assigns bound
This Agreement shall be binding upon the successors-in-title, heirs, personal representative, estate and permitted assigns of the Contracting Parties hereto.
14.5 Invalidity and Severability
14.5.1 If any provision of this Agreement is or may become under any written law, or is found by any court or administrative body or competent jurisdiction to be illegal, void, invalid, prohibited or unenforceable then:-
(I) such provision shall be ineffective to the extent of such illegality, voidness, invalidity, prohibition or unenforceability;
(II) the remaining provisions of this Agreement shall remain in full force and effect; and
(iii) the Parties shall use their respective best endeavours to negotiate and agree on a substitute provision which is valid and enforceable and achieve to the greatest extent possible the economic, legal and commercial objectives of such illegal, void, invalid, prohibited or unenforceable term, condition, stipulation, provision, covenant or undertaking.
14.5.2 These Terms and Conditions shall have effect only to the extent not forbidden by law. For the avoidance of doubt, it is hereby agreed and declared in particular, but without limitation, that nothing herein contained shall be construed as an attempt to contract out of any provisions of the Consumer Protection Act 1999, if and where the said Act is applicable.
14.6 Law & Jurisdiction
This Agreement shall be governed by, and construed in accordance with, the laws of Malaysia and the Parties:-
14.6.1 irrevocably submit to the non-exclusive jurisdictions of the Courts of Malaysia;
14.6.2 waive any objection on the grounds of venue or forum of convenience or any similar grounds;
14.6.3 consent to service of legal process in respect of any matter arising out of this Agreement by forwarding a copy of such legal process by prepaid registered post to their last known address or in any other manner permitted by the relevant law; and
14.6.4 where any claims, proceedings, actions, suits or disputes arising or in connection with these Terms and Conditions is to be commenced or adjudicated in the High Court of Malaya, the Parties agree that it shall be adjudicated in the High Court in Kuala Lumpur.
14.7 Knowledge or Acquiescence
Knowledge or acquiescence of the Service Provider shall not operate as or deemed to be a waiver of such terms, conditions, covenants, warranties, undertakings or any of them.
No delay or indulgence by the Service Provider in enforcing any term or condition of these Terms and Conditions or any of them nor the granting of time by the Service Provider to you shall in any way prejudice the Service Provider’s rights or powers nor shall any waiver by the Service Provider of any breach constitute a continuing waiver in respect of any subsequent or continuing breach.
14.8 Rule of Constructions
In the event of conflict or inconsistency between the user guide comprised in the Tron Membership Pack and these Terms and Conditions, such inconsistency shall be resolved by giving precedence in the following order: these Terms and Conditions and the user guide in the Tron Membership Pack.
The Tron Member acknowledges that it has read the Agreement and understands and agrees to be bound by its terms and conditions subject to any amendments made from time to time.
15. Delivery of Product and Activation
15.1 You shall provide true and accurate information for the purpose of delivery of Product.
15.2 Tron shall appoint any fulfilment and logistic company/companies as it deems fit to carry out the delivery of the Product. Subject to the availability and other commercial terms and conditions, the preferred delivery agent of Tron is GDex. Unless otherwise expressly stated, Tron provide free delivery for purchase of Product with a purchased value that exceed RM300.00 in a single transaction subject to all conditions stated in this Clause. Delivery charges apply for purchase value below RM300.00 in a single transaction.
15.3 The Product ordered by you will be delivered to the address provided by you (or by any other means deemed appropriate by Tron) in your purchase form. The Product MUST be personally received by you. In the event the recipient is not present at the designated address to take delivery of the Product, the Product will be kept by the delivery service provider after two (2) failed delivery attempts and you must arrange for self-collection at the delivery service provider’s venue. For alternative and subsequent delivery attempt, Tron reserve the right to arrange for subsequent attempt(s) at your written request and subject to availability of the delivery service provider. Tron reserves the right to impose addition charges for the arrangement of subsequent delivery of Products and this shall apply regardless of whether the delivery charges is free at the first instance. In the event Tron is unable to contact the recipient and the recipient fail to make arrangement to collect the Product after the expiry of thirty (30) days from the date of the last attempt of delivery, you shall not be entitled to demand for any refund of any payment made for the Product and Tron shall not be in any way liable or responsible to you. Tron shall also be entitled to deal with the uncollected Product in any manner as it deems fit without further reference to you.
15.4 The delivery service of the Product is only valid WITHIN Malaysia.
15.5 Tron shall use its reasonable best efforts to get the Products ready for delivery at the time specified in the Order Form. However Tron shall not be held liable and/or responsible in the event any of the Products could not be delivered within the time specified in the Purchase Order(s) and Tron shall not be obliged to provide any reasons for such late delivery. Any delivery may be deferred, assigned or re-assigned at Tron’s discretion without prior notice. Delivery time and day is only estimation.
15.6 Tron will not entertain any change to the delivery address once the order is made.
15.7 You agree that there shall be no refund for the Product once payment is successful, even in the event the Product is not delivered to you, including situations where you cannot be located or if you are not contactable (by means as provided herein) or in the event that the information disclosed by you is inaccurate. You agree that Tron shall not in any way be responsible or accountable in these circumstances.
15.8 Upon delivery of the Product to you and in the presence of Tron’s delivery agent, you are required to produce your NRIC, passport or any other identification document for verification of identity and inspect the Product to verify that the Product is (1) complete and intact with the necessary accessories, (2) does not have any cosmetic defects; and (3) is capable of its basic functionality, failing which, you must reject the Product immediately. Once the product is accepted, Tron shall not in any way be accountable or responsible for any defect.
15.9 Tron shall have all rights and absolute discretion to make relevant checks or calls to any party at any time for verification purpose. In the event Tron is unable to perform the verification (without fault on Tron’s part) or the verification is unsuccessful in establishing the relevant party’s identity, Tron reserves the right to cancel or withhold the delivery of the Product.
15.10 Tron may at any time request for additional Personal Data, if necessary, for the purpose of verification of your identity or prevention of fraud.
15.11 The Product is covered under and subject to the terms of warranty from the relevant manufacturers or licensors except for defects caused by your acts, omission or negligence. For any defects found after delivery, you must return the Product to the relevant manufacturer’s service centers for warranty claims. In the event that your device is broken or if the warranty has expired, Tron may, assess the problem and provide you with a quote for the cost of repair as long as it is still repairable subject to Tron’s absolute discretion. Tron reserves the right to reject your request if the device does not fall within the ambit of the relevant manufacturer’s warranty.
15.12 Tron will in its best endeavour deliver the Product in accordance to the estimated time stated below :
a) Address located within Klang Valley and Kuala Lumpur city centre : within 5 business days from the date of receipt of the Sales Order and its subject to availability of the Products;
b) Address located out of Klang Valley and Kuala Lumpur City centre : within 8 business days from the date of receipt of the Sales order and its subject to availability of the Products.
15.13 You hereby acknowledge that in rare instances, delivery may be delayed in the event of service interruptions or failures beyond Tron’s reasonable control. In such circumstances, you agree that Tron will not be responsible and/or liable for any of your losses and/or damages, if any, as a result of such delay. Tron reserves the right to change or discontinue any delivery option at its sole and absolute discretion.
15.14 Order(s) Not Received After Estimated Delivery Date
a) You will receive a Shipping Order Notification email once your order is processed by the delivery agent.
b) If you do not receive the delivery of your order within the estimated time frame, please contact Tron Customer Careline at 1300800188 (10am-7pm daily) or send an email to firstname.lastname@example.org to check the status of the delivery.
15.15 Cancellation – There shall be NO CANCELLATION after successful completion of your online purchase.
15.16 Reload with Tron Lite Starter pack
a) Upon delivery of Product to you, you are required to make First Call Activation to activate the SIM Card within 90 days (3 months) from the day of receiving the product.
b) All entitlement attached to the product will be revoked and deem expired for any activation done after the stipulated 90 days grace period.
15.17 Tron reserves all the rights to add, amend or in any way vary the terms and conditions stated herein by publishing the additional or amended clause in Tron’s website without any further reference to you. It is your responsibility to read all terms and conditions before agreeing to the same and proceed with any purchase of Products Online.