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  .: Terms and Conditions :.

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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