- Agreement to Access
In accessing to and/or using this Website the Customer hereby agrees to abide by the following terms and conditions. If the Customer does not wish to be bound by these terms and conditions, the Customer may not access or use this Website. The Customer’s use or access of this Website constitutes the Customer’s agreement to these terms and conditions.
- Definitions & Interpretations
”Content” means the text, information, images, photographs, software, products, graphics, logos, illustrations, descriptions, data, services and all other material provided on this Website, as well as the selection, assembly and arrangement thereof.
“Law” means and includes the Communications and Multimedia Act, 1998, its regulations and any other laws, Regulations, Statutes, Acts or By-laws currently in force in Malaysia from time to time.
“Customer” means the party who has agreed to subscribe to or utilise the Services stated herein.
“Services” means any functions, features, communication facilities or facilities made available by TIME from time to time subscribed or to be subscribed by the Customer in connection with the Services.
“TIME” means TIME dotCom Bhd. (formerly known as “TIME Telecommunications Holdings Bhd.”) (Company No. 413292-P), a company incorporated in Malaysia under the Companies Act, 1965 having its registered address at No.14, Jalan Majistret U1/26 Hicom Glenmarie Industrial Park 40150 Shah Alam Selangor Darul Ehsan and/or its subsidiaries licensed to provide the Services.
Unless the context otherwise requires, words denoting the singular number shall include the plural and vice versa and words denoting natural person shall include corporations and partnerships.
Words denoting the masculine gender shall include the feminine and neuter genders and vice versa.
Modifications of Terms and ConditionsTIME reserves the right to amend, modify or vary at any time without any prior notice to the Customer, the terms and conditions herein contained and/or the Specific Terms and Conditions and the Customer shall be bound to observe and comply with any such variation, addition or amendment. Notice of such changes may be given to the Customer and/or up-dated in this Website but the changes shall take effect from the date the changes were made. The Customer shall be deemed to be apprised of and be bound by any modification by TIME to these terms and conditions and/or the Specific Terms and Conditions. ANY ACCESS OR USE OF THIS WEBSITE BY THE CUSTOMER AFTER NOTICE OF REVISIONS OR ADDITIONS TO THESE TERMS AND CONDITIONS AND/OR THE SPECIFIC TERMS AND CONDITIONS SHALL CONSTITUTE AND BE DEEMED TO BE THE CUSTOMER’S AGREEMENT TO SUCH REVISIONS OR ADDITIONS.
AffiliatesAny links to third party sites from this Website shall not be construed as a form of authorisation, endorsement, sponsorship nor any partnership whether expressly or implied. TIME is not in control of the third party sites and shall not be responsible for the contents of the third party sites. The Customer shall bear all risk in accessing the third party sites and in the using of the products and services contained therein.
ContentThe text, information, images, photographs, software, products, graphics, logos, illustrations, descriptions, data, services and all other material provided on this Website, as well as the selection, assembly and arrangement thereof, are referred to collectively as the “Content”.
The Content may contain errors, omissions, or typographical errors or may be out of date. TIME may change, delete, or update any Content at any time and without prior notice. The Content is provided for informational purposes only and is not binding on TIME in any way except to the extent it is specifically indicated to be so.
The Customer may view and use the Content only for the Customer’s personal information and for ordering on the products, services offered in this Website, and for no other purpose, and the Customer shall retain intact all copyright and other proprietary notices. Except as provided in the foregoing, TIME does not grant to the Customer or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the Content on or transmitted through this Website, including without limitation by transferring, downloading or otherwise copying any Content onto any disk drive or other storage medium. Any use of the Content, except as specifically permitted in these terms and conditions or as otherwise expressly permitted in the Content or in writing signed by TIME, is strictly prohibited.
Limitation of LiabilityTIME takes no responsibility for the accuracy, validity, reliability, suitability or effect (whether harmful or otherwise) of the Content. Further TIME does not make any form of representations in any manner whatsoever (whether with regard to the accuracy, validity, reliability, suitability, effect or any other matter) in relation to the Content for any purpose. The Content is provided without warranty of any kind either express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy.
TIME shall not be liable for any loss or any damages sustained by reason of any disclosure, inadvertent or otherwise in any information concerning the Customer’s account particulars. Neither shall TIME be liable for any error, omission or inaccuracy with respect to any information disclosed.
TIME shall not be liable to the Customer for any cost, claim, liability, expense, demand or damages whatsoever (including but not limited to any loss of profits, loss of savings or incidental, special, indirect or consequential damages), arising out of or in connection with the Content or the use or inability to use or performance available from the Services or the Website even if such loss was reasonably foreseeable by TIME or TIME had been advised by the Customer of the possibility of the Customer incurring the same.
While every care is taken by TIME in the provision of the Services, TIME shall not be liable for any loss of information howsoever caused whether as a result of any interruption, suspension or termination of the Services or otherwise or for the accuracy of the Content or quality of information available, received or transmitted through the Services. Further, the Customer agrees that TIME does not warrant, represent or covenant that the functions and/or materials contained in this Website will be uninterrupted or error free, or that the defects will be corrected or that this Website or the server are free of viruses or represents the full functionality herewith. But in case of such interruption or loss of use of the Services, and unless specified otherwise TIME shall make every effort to restore the Services as soon as reasonably possible.
The Customer shall be solely responsible for ensuring that in using the Services all applicable laws, rules and regulations for the use of any telecommunications systems, service or equipment shall be at all times be complied with.
Unlawful or Restricted UseIn accessing or utilizing this Website, the Customer shall comply with and not to contravene with all applicable laws of Malaysia relating to the Services and not to infringe any intellectual property right of any other sites. The Customer shall not use this Website for any purpose that is unlawful or prohibited or in a manner which could damage, disable, overburden or impair this Website or interfere with the enjoyment or use by any other party of this Website.
Confidential InformationTIME shall not be responsible in assuring confidentiality of information and materials transmitted via this Website. It is recommended that the Services shall not be used for the transmission of confidential information. Any transmission of confidential information via this Website shall be at the Customer’s own risk and TIME shall not be held liable in connection therewith. However, TIME reserves the right at all times to disclose any information as may be deemed necessary to satisfy any applicable law, regulation, legal process or governmental request or to edit, refuse to post or to remove any information or materials, in whole or in part.
Termination/Access RestrictionTIME reserves the right in its sole discretion, to terminate the Customer’s access to any or all of this Website and the related services or any portion thereof at any time without giving any prior notice.
IndemnityThe Customer undertakes and agrees to indemnify, save and hold harmless TIME at all times against all actions, claims, proceedings, costs, losses and damages whatsoever including but not limited to libel, slander or infringement of copyright or other intellectual property rights or death, bodily injury or property damage and howsoever arising which TIME may sustain, incur or pay or as the case may be, which may be brought or established against TIME by any person whomsoever arising out of or in connection with or by reason of the operation, provision or use of the Services, by reason of or pursuant to this Agreement and which are attributable to the act, omission or neglect of the Customer, its servants or agents.
Force MajeureTIME shall not be liable for any breach of this Website arising from causes beyond its control including but not limited to Acts of God, insurrection of civil disorder, war or military operations, national or local emergency, acts or omissions of government, highway authority or other competent authority or of any third party, industrial disputes of any kind (whether or not involving TIME’s employees), fire, lightning, explosion, flood, subsidence, inclement whether acts or omissions of persons or bodies for whom TIME are not responsible or any other cause whether similar or dissimilar outside TIME’s control.
SeverabilityIn the event any terms or conditions in this Website is found to be unlawful or illegal, such term or condition shall be excluded and such exclusion shall not affect the enforceability, legality and lawfulness of this Website in any way.
WaiverAny failure, delay or neglect by TIME in enforcing any terms or conditions of this Website shall not be deemed a waiver of any of TIME’s rights or as affecting the validity of the whole or any part of this Website.
Governing LawThis Website is governed by the laws of Malaysia. The Customer hereby consents to the exclusive jurisdiction and venue of the courts in Malaysia in all disputes arising out of or relating to the use of this Website. Use of this Website is unauthorised in any jurisdiction that does not give effect to all provisions of these terms and including without limitation this paragraph. If any part of this Website is determined to be invalid pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision most closely matches the intent of the original provision and the remainder of this Agreement shall continue in effect.
TIME makes no representations that the content of this Website complies with any laws abroad. TIME bears no responsibility for the access of this Website from abroad.
TrademarksAll rights reserved. All contents in this Website including but not limited to the text, images, registered trademarks as well as trademarks which are subject to pending applications are owned and controlled by TIME for these purposes and are protected by intellectual property rights. Such trademarks and service marks may not be used except as permitted in these terms and condition or with written permission from TIME.
MiscellaneousThe Customer agrees that this Website shall only be used for lawful purposes.
If the Customer is dissatisfied with this Website or the terms and conditions, rules, policies, guidelines or practices of TIME in practising this Website, the Customer’s sole and exclusive remedy is to discontinue using this Website.
In the event of any conflict between the terms and conditions herein contained and the rules and/or specific terms appearing on this Website relating to the specific material, the latter shall prevail.