MYMODE.COM.MY
TERMS & CONDITIONS
These are the Terms and Conditions of membership and for the
use of this Website, including without limitation, the products,
services, information and software provided by The Company and
contained in this Website. Please read them entirely. By participating
in the business of The Company and using the Website and SMS
Ordering System, you are deemed to have accepted and agreed
to comply with these Terms and Conditions.
By accepting these Terms and Conditions, a Member is deemed
to expressly understand and agree that the use of this Website,
SMS Ordering System and the products and services of The Company
is entirely at his own risk. This Website, SMS Ordering System
and the products and services of The Company are provided
on 'as is' and 'as available' bases. Except when they are
explicitly specified, The Company disclaims, to the fullest
extent permitted by law, all guarantees and promises, whether
expressed or implied, including but not limited to guarantees
of merchantability, fitness for any particular purpose and
non-infringement of proprietary rights.
Individual Registration
Membership is open to any individual above the age of 18,
regardless of gender, race, ethnicity, nationality, religion
or sexual orientation. A person becomes a Member upon receipt,
approval and registration of his application.
Corporate Registration
The application must be submitted directly to the Head Office
and attached with a certified true copy of Form 49, Form 24
or Form D.
Registration Fee Of RM55.00 For Mobile Agents
Breakdown of the registration fee:
RM21.00 One-time registration fee, non-refundable.
RM34.00 Airtime to purchase products.
Registration Fee Of RM800.00 For Mobilepreneurs
Breakdown of the registration fee:
RM30.00 Mobilepreneur processing fee, non-refundable.
RM770.00 Working capital.
Personal Information
True, accurate, complete and current information must be provided
in the application form or SMS sign-up, showing that the applicant
is not an existing Member. The Company only allows one membership
per individual. By submitting the application form, the applicant
agrees to comply with all local, state, provincial, federal
or regional legal restrictions that may be applicable to his
membership. In the event that after any period of time, all
or any portion of the information submitted during application
is no longer true, accurate, complete or current, the Member
must ensure that The Company is informed of the changes so
that its records can be updated.
The Sole Responsibility And Obligation Of The Member
· Each Member will be using his/her mobile phone number
as Member ID and setting his/her own password,
which will grant him/her access to the Member Area
and SMS Ordering System via the mobile phone to order products
and services of The Company. It is the responsibility
of the Member to protect the confidentiality of
his/her account information and password.
· A Member is entirely responsible for any damage
or liability arising from the use or misuse of
his/her Member Area or SMS Ordering System. Members must notify
The Company immediately of any suspicion concerning unauthorised
entry into the Member Area or any breach of security
detected.
· Members must not upload onto the Website, or otherwise
transmit any content that is unlawful, harmful,
threatening, abusive, tortuous, defamatory, vulgar, obscene,
libelous, invasive of another's privacy, hateful, or racially,
ethically or otherwise objectionable.
· A Member must not attempt to restrict any other
user from using this Website or SMS Ordering System
to purchase The Company's products and services.
· A Member must not use any copyrighted, trademarked,
patented or service- marked material without
the expressed permission of the author or owner.
Ensure at all times that the use of software, information
or material is guarded against computer virus,
corrupted data or any other harmful or damaging
component.
· A Member must not impersonate or pretend to represent
any person or entity, including, but not limited
to a Company official, forum leader, guide or host, or forge
anyone else's digital or manual signature, or attempt to gain
unauthorised access to The Company's or any other
person's data.
· In the event of a Member’s failure to be responsible
for any of the matters or adhere to any of the
obligations stated in Clause 6 above, as well as violation
of any other part of these Terms and Conditions,
The Company reserves the right to suspend its
services to the Member or terminate his/her membership or
lock or deactivate his/her prepaid account at
any time and not refund any balance of prepaid
points in his/her prepaid account, and refrain him/her from
using the SMS Ordering System without prior notice.
Minimum Top-Up Of Prepaid Points
The minimum top-up of prepaid points for the prepaid account
is RM100.00.
Inactive Account
A prepaid account will be considered inactive if the Owner
does not perform any transaction for a consecutive period
of 3 months. Reactivation of the inactive prepaid account
will be charged RM10.00 or 10 prepaid points as administration
fee.
Sales Incentive Computation
Sales incentives shall be calculated on every 4th, 14th and
24th of the calendar month.
Sales Incentive Qualification
Sales incentives are only payable to active prepaid accounts
only. Inactive prepaid accounts will not be eligible to the
sales incentives.
Payment Of Sales Incentives
Sales incentives will automatically be transferred to the
Members’ prepaid account within 3-5 working days from
the sales incentive computation date.
Description Of Service
The service allows you to purchase and check information via
Short Messaging Service (SMS) through The Company’s
SMS Ordering System. You are responsible for all charges incurred
if you accidentally erase, replace or delete one of the Items
by receiving another Item or otherwise.
The SMS Ordering System’s Service Fee
The Company will directly deduct 0.20 prepaid points from
the Members’ prepaid account for every message reply,
except new member sign-up, new Mobilepreneur sign-up, upgrading
to Mobilepreneur, withdrawal and purchase of products.
The Administration Fee For Incentive Withdrawal
The Company will directly deduct 2 prepaid points from the
Members’ prepaid account as an administration fee for
every withdrawal.
Statement Fee
The Company will charge RM1.00 for printing of statement or
report.
Delivery Of Service
After receiving your request via SMS, The Company’s
SMS Ordering System will send the reply message together with
your request item. If your request via SMS is insufficient
or incorrect, or if The Company for any other reason considers
it necessary, The Company has the right to decline from sending
the Item to you without further notice.
Error In SMS
In the event that an SMS sent to The Company’s SMS Ordering
System contains mistakes or is of the wrong format, a penalty
charge will be imposed. The Company will automatically deduct
0.20 prepaid points from your prepaid account per reply.
Non-Transferable Items
The Maxis Hotlink prepaid top-up ticket, TMTouch Advance recharge
card, TMTouch INTM reload coupon, DiGi Prepaid Plus reload
coupon, Celcom Airtime recharge card and Celcom Network Access
recharge card, which can be purchased through the SMS Ordering
System, are non-transferable upon activation and non-refundable.
Loss Incurred By Incorrect Use Of Items
The Company will not be responsible for any loss arising from
the incorrect use of the Maxis Hotlink prepaid top-up ticket,
TMTouch Advance recharge card, TMTouch INTM reload coupon,
DiGi Prepaid Plus reload coupon, Celcom Airtime recharge card
and Celcom Network Access recharge card.
Marketing Materials And Point-Of-Sales Materials
The Company will impose a minimal cost on marketing materials
supplied to the Members. The delivery cost of the marketing
materials is fully borne by the Members.
Termination And Suspension Of Services
MOSYS reserves the right to deny, suspend or terminate any
Member's access to any or all of its products and services
at any time for any reason whatsoever, without the obligation
to provide cause for termination or notice in advance.
Use Of Personal Information
Any personal information provided to The Company via the Website
or SMS is maintained as private and confidential, and is only
accessible by The Company, its related corporations and affiliates.
Certain information may also be used by The Company in some
or all of the following ways:
· To enhance the user-friendliness of the Website i.e.
you do not have to enter the same information during repeat
visits.
· To help you find the services and products you need
more quickly.
· To inform you of services and product updates, product
availability status, new products and other related information.
· To send materials to you for marketing purposes.
· To help our advertisers deliver better targetted
advertisements through anonymous click stream data.
The Company will not disclose any information about any individual
user except to comply with applicable laws or requests or
directives from any regulatory authority or Governmental body
or agency or other valid legal processes, or to protect the
personal safety of users or the public.
Revision Of Agreement
The Company reserves the right to revise these Terms and Conditions
anytime at its own discretion. Any change to the Agreement
will be posted on this Website and is deemed to be effective
from the date that it is posted. A Member’s continued
use or patronage is deemed to signify his/her acceptance of
the revised Terms and Conditions. It is the Member’s
responsibility to ensure that he/she is aware of any such
change by frequently checking this Website.
Force Majeure.
Neither party shall be responsible for delays or failures
in performance resulting from acts or circumstances beyond
the reasonable control of such party, provided that such party
makes all commercially reasonable efforts to correct such
delays or failures.
Miscellaneous
These Terms and Conditions constitute the entire Agreement
between a Member and The Company. They supersede all prior
communications or proposals, whether electronic, oral or written,
between the Member and The Company with respect to the use
of this Website and the products and services of The Company.
A Member may also be subjected to additional terms and conditions
when he/she uses certain products and services.
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