Terms & Conditions
XOX POSTPAID SUBSCRIPTION TERMS & CONDITIONS
- The Customer hereby confirms that he/she is of legal age of eighteen (18) years and not a bankrupt have read and understood the terms and conditions stated herein. The Customer agrees to be bound and subject to the Principal terms and conditions for Postpaid Service (Service) as contained in the XOX Postpaid Registration Form and which may be updated by XOX from time to time. The current version of the Form may be viewed at www.xoxpostpaid.com.my.
- The Terms and Conditions stated herein shall be applicable for all packages, promotions and plans as offered or may be offered by XOX to an individual and or corporate Customer as part of the Services. The Agreement shall be in force immediately from the date of acceptance by the Customer (which is defined by the availability of the Service and usage by the Customer) and shall continue for a contract term of twenty four (24) months as agreed by the Customer in the respective Mobile Service Package Plans offered by XOX for the Customer’s selection/s on this Form or on different Plans unless agreed otherwise in writing by XOX. The Customer shall refer to the Plans Options available for registration and the subsidized Device options (if any) offered under each Plan.
- The customer may enjoy trailing points up to 72 months (XOX Post Paid Terms & Conditions applies)
- Each Plan offered by XOX is subject to eligibility guidelines and additional terms (if any) as may be stated herein. The Customer shall upon signing this Form acknowledges to have read, understood and accepted the Terms and Conditions of the Plan/s which the Customer has selected and subscribed for, which includes without limitation to the Contract term, usage charges, guidelines and Device options.
- The Customer recognises that the value added services includes but is not limited to data services, and every additional Service that may be made available from time to time shall be added to the Customer’s account. Where data services is provided under the Plan, the Customer agrees to be bound by the terms and conditions and the fair usage policy available on the website at www.xoxpostpaid.com.my and as may be modified from time to time by XOX.
- The Customer has read, understood and agrees that XOX system will top up automatically five hundred (500) Mb data usage to the Customer’s account, provided the Customer has not intervened and selected “NO” to the System, when the Customer’s data usage reaches ninety five (95) per cent. The Customer further agrees that the automatic top up of five hundred (500) Mb is subject to a standard rate of Ringgit Malaysia Eighteen (RM18) on the Customer’s following month’s bill statement.
- The Customer agrees and understands that he/she shall not be entitled during the Contract term to downgrade the subscribed Plan unless permitted in writing by XOX. The Customer agrees and acknowledges that the promotion element and or Device subsidy (if any) provided by XOX under each Plan shall be in consideration of the Customer subscribing for the Service for the applicable Contract term. If prior to the expiration of the Contract term, XOX terminates the Services or any part thereof due to a breach by the Customer or if the Customer changes its Plans or terminates the Services, the Customer shall in addition to paying due sums and or sums specified in the Agreement as contractual, shall pay XOX Ringgit Malaysia Three Hundred (RM300) as an early termination and/or cancellation fee per subscription line. Payment of the early termination and/or cancellation fee shall be without prejudice to the collection of other monies due and owing to XOX by the Customer in accordance with the Customer account up to the time of pre termination. The Customer shall be furnished with a final statement of accounts which shall be due and payable by the Customer to XOX upon receipt.
- The Customer agrees to pay at the point of registration a deposit sum and a sum as advance payment equivalent to Plan subscribed. The Customer further agrees that no interest shall be paid by XOX for the deposit sum paid and at the point of termination; the deposit sum shall be used to deduct usage charges due and payable by the Customer to XOX.
- The Customer is entitled to a full refund of monies paid at the point of registration within the cooling off period defined as ten (10) days from the date of activating the Service provided that the data usage is within 100Mb, 20 SMSes and no more than 20 minutes of Voice calls have been used by the Customer. When usage has exceeded the allowance for refund, the Customer agrees and undertakes to promptly pay all usage charges, including any penalties or cancellation fees that may be due less any deposits or advance payments that may have been paid. Where the Customer has selected a Plan/s where Device options or subsidies are applicable, the Customer shall not be entitled to the cooling off period.
- The Customer agrees and undertakes to pay promptly all usage charges due and payable for all Services registered under the Customer’s account number irrespective of whether or not such services have been used or partly used or misused by any third party or not authorised by the Customer. The Customer further agrees that all sums due and payable to XOX shall be processed for payment based on the Customer’s agreement to Terms and Conditions in the Auto Debit Form. The Customer further agrees and undertakes that in the event of sums due and unpaid, XOX reserves the right to withhold or forfeit the balance amounts (if any) or rewards or bonus points from the Customer’s accounts.
- A standard deposit per line shall be charged to the Customer’s account for International Roaming Services at the point of subscription by the Customer. International Roaming Call Charges shall apply for all calls received while roaming and be subject to the respective Roaming Operator/s charges. The standard deposit may be waived by XOX in the event the Customer’s length of stay with the Service is more than six (6) months.
- The Customer agrees that the data subscription described under each Plan shall apply for domestic usage only. A standard deposit per line shall be charged to the Customer’s account for International Data Roaming Services. Data roaming charges shall be charged separately and will be calculated on data roaming charges as determined by respective Roaming Operator/s. The standard deposit may be waived by XOX in the event the Customer’s length of stay with the Service is more than six (6) months.
- The Customer may terminate the Agreement by giving written notice to XOX or by completing the termination form and forwarding the same to XOX within four (4) working days before the Customer’s next billing cycle. Termination notice may be sent to XOX via email to [email protected] or at any authorised XOX centres. XOX shall not be liable for any payment or refund of unused subscription upon termination of the Agreement. Upon termination of the Agreement all incentive entitlement in the Customer’s account shall cease and XOX shall not be liable for any such claims. Termination shall be without prejudice to any existing rights or claims that XOX may have against the Customer and the Customer shall continue to fulfil its obligations including full payment of all charges prior to the date of termination.
DEVICE – Applicable to Customers if a Device Subsidy is provided under the Mobile Services Package.
- XOX reserves the absolute right to rescind any of the privileges accorded to the Customer under the Plan/s or part thereof in the event the registered Service is not in accordance with the stipulated eligibility criteria or is not used in accordance with the Agreement, Plan, promotion or with the Device or If XOX suspects of or if there is any illegal usage or fraud including but not limited to the Service, and or with the Devices provided or part thereof, including but not limiting to selling or reselling of the Services and or the Devices or part thereof without written consent by XOX.
- The subsidised Devices made available by XOX shall be subject to the subscribed Plan, Device and or promotional packages available under the Plan and or as per the Device’s manufacturer’s terms and conditions as applicable and the Customer agrees to be bound by the Terms and Conditions of the Devices.
- Subject to the terms and conditions stated herein, the title and risk to the Device provided under the Plan shall pass from XOX to the Customer upon delivery of the Device to the Customer. XOX shall not be liable for any loss, damage or theft of such Device or any other claims in relation to the Device whether directly or indirectly. The Customer shall be responsible to inform XOX of defective or faulty Device/s received by the Customer within prescribed time.
- The Customer shall be responsible for the repair and maintenance of the Device provided under the subscribed Plan. Repairs are subject to applicable warranty terms and conditions as provided by the Device manufacturers. The Customer agrees and acknowledges that the Devices are subject to the Device manufacturer’s standard warranty and XOX shall not be responsible and or liable for any loss or damage whatsoever suffered by the Customer and or any other Party.
- The Devices provided under the Plan are on an “as is” basis and or “as available” basis. XOX and its related subsidiaries or companies shall not be liable for and makes no implied representation or warranties of any kind in relation to the Devices (hardware or software included) including but not limited to the implied warranties of merchantability and fitness for a particular purpose.
- XOX shall not be liable to the Customer and the Customer shall indemnify XOX for any infringement or alleged infringement of intellectual property of a third party and that such infringement relates to (a) any use of the Devices in combination with hardware, software, equipment, applications or services not supplied by XOX or the Device manufacturer (b) information, data or programme used by the Customer in the course of supply of the Devices (c) alteration of the Devices other than by XOX in such case the Devices carries XOX’s warranty (d) failure of the Customer to use replaced or modified Devices provided by XOX in order to avoid such infringement (e) use of the Devices in a manner for which it is not designed for (f) an intellectual property right in which the Customer has a direct or indirect interest.
- The Customer shall ensure that the Device provided with the Service is compatible with the PC/laptop(s) system. XOX shall not be responsible should the Device fail to work on the Customer’s PC/laptop(s) system as well as the laptop systems with embedded SIM card slots or any other equipment(s) that does not work with the Device.
- The Customer agrees and acknowledges that certain Devices may include encryption software that is subject to domestic and foreign legal restrictions and that usage of such Devices may not be permitted in a country where such Device is restricted for use.
- The Customer shall not use, modify, or duplicate the Device including Device warranty, copyright and license documentation unless permitted by the Device manufacturer. The Customer agrees not to modify or duplicate the Device and make the Device available to third parties illegally.
- The Customer agrees to be bound by the Contract term for the Device subsidy/bundling selected by the Customer in the Plan. Where applicable, the Customer agrees that a deposit payment may be collected for the Device upon completion of subscription of the Plan by the Customer. Device subsidy (if any) shall be paid to the Customer in the form of rebates over the Contract term period. Early termination of the Contract term prior to the expiration of the Contract shall be subject to penalties or cancellation fees to be settled in full with due sums owed by the Customer at the point of termination.
- OX and its related subsidiaries or companies shall not be liable to the Customer or any third party authorised or claiming on behalf of the Customer for any loss, damage, consequential or loss of business, loss of revenue or profits suffered by the Customer and or injury caused or suffered by a person and or damage to property whether direct or indirect arising from or due to any act of omission, error, default or delay by XOX in relation to the Devices provided or provisioning of the Devices. The Customer agrees to indemnify XOX against all claims, losses, liabilities, demands, costs and expenses including legal fees which may result or which XOX and its related subsidiaries or companies may sustain in connection with or arising from the provision of the Devices to the Customer.
General Terms and Conditions
- The Terms and Conditions stated herein shall continue to apply subject to any additions, variations and or modifications contained in this Form and shall be read and construed to be enforceable as if the additions, variations and modifications were inserted in the Form.
- XOX reserves the absolute right and discretion to vary, add or amend the Terms and Conditions stated herein from time to time. The Customer will be notified of such amendments and the Customer’s continued use of the Services after the effective date of any variations, additions or amendments shall constitute unconditional acceptance by the Customer of such variations, additions or amendments.
- Notwithstanding the above, the Customer agrees and undertakes that XOX’s entire liability in contract or in tort (including but not limited to negligence or breach of statutory duty) to the Customer shall not at any time exceed the sum of Ringgit Malaysia Five Hundred (RM500) or the total of the Customer’s charges for two (2) months preceding the relevant events whichever is lower.
- Participation by the Customer in any Plan or Promotion packages introduced or as may be introduced by XOX during the current subscribed Contract term shall be subject to the absolute discretion of XOX. Subject to the terms and conditions contained herein and in the Agreement any written request for Services including without limitation additional Services from the Customer whether by way of a mail, letter or fax addressed to XOX and written or executed by the Customer or Customer’s authorised agent shall be deemed to be valid and binding and shall form part of the Agreement. The Customer shall be deemed to have formally and unequivocally consented to all such requests for Service and accepted the Terms and Conditions as and when such request is accepted and processed by XOX or when the Service has been put to use by the Customer. It is the liability of the Customer to update the names of its authorised agent or personnel from time to time in the form provided by XOX.
- The Customer agrees and undertakes that if the Services are renewed by the Customer, or for an extended contract term with XOX shall be made in the form as stated by XOX and all such renewal requests shall be sent to the address provided in the Form and or the Agreement and or by fax to the number provided by XOX and shall be deemed an original document taken together to constitute the Agreement. The Customer agrees to be bound by its facsimile signature and such facsimile received and acknowledged by XOX shall be deemed accepted, binding on the Customer from the date of receipt and shall form part of the Agreement.
- The Customer agrees and undertakes to be fully responsible for any voice or message or data transmitted by the Customer or persons using the Customer’s Device/s. The Customer agrees to comply with all applicable laws of Malaysia relating to the Service, including without limitation to the Communication and Multimedia Act 1998, other acts, statutes, by laws, rules and regulations issued by relevant government and regulatory agencies which may be amended from time to time. The Customer agrees to take all reasonable steps to prevent fraudulent, improper or illegal use of the Service. The Customer agrees to report immediately to XOX upon the discovery of any fraud, theft, loss or unauthorised usage or any occurrence of unlawful acts in relation to the Device and Services and agrees to lodge a police report whenever instructed by XOX and to give XOX a certified copy of such report. XOX may extract any message details or personal information of the Customer or any data provided by the Customer in the event such information is necessary in the event of a suspected and or proven misuse of the Service.
- XOX and its related subsidiaries or companies or business partners may send you notifications relating to promotional and marketing activities from time to time save and except written notification by the Customer to XOX not to do so.