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Terms and Conditions of Merchantrade Mobile Services

This prepaid mobile service and accompanying value added services (collectively referred to as the “Service”) is provided to you by Merchantrade Asia Sdn Bhd (Company No: 410591) (“MTASB”) subject to these terms and conditions. Additional terms and conditions specific to our value added services are set out in the User Guide in your starter pack and on our Website, www.merchantrade.com.my. These, including amendments to them, are hereby incorporated as an essential part of these MTASB terms and conditions, all of which are collectively referred to as “T&Cs”.

1.Confirmation.
You acknowledge that you have read and fully understood all these T&Cs. Your use of the Service, upon activation, constitutes unconditional acceptance to be bound by these T&Cs and any   additional terms specific to various value added services and these T&Cs including any amendments made from time to time. You confirm that you are competent to accept these T&Cs.

2.Your Mobile Equipment.
You must obtain your own mobile terminal equipment which is compatible with our communications system in order to use our Services. In order to use new services provided by us in the future, you may need to upgrade your mobile terminal equipment at your own expense. Your mobile terminal equipment (i.e. your mobile 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 Malaysian Communications and Multimedia Commission (‘MCMC”)

3.Service.
The Service is provided on an “as is” and “as available” basis and MTASB shall not be liable for and makes no express or implied representation or warranties of any kind in relation to the Service including but not limited to availability, accessibility, timeliness and uninterrupted use of the Service.

4.Airtime Credits.
Airtime Credits can only be used during the active period stated in the User Guide starting from the date of your last recharge or first call made and varies with the denomination of airtime credits purchased. Airtime credits and/or any balance of airtime credits in your Account are not redeemable for cash. All your current unused airtime credits are recorded in your account maintained on your behalf by MTASB (“Account”). If you fail to recharge your Account before the expiry of the grace period stated in the User Guide, your Account will be terminated, your airtime credit will be deemed expired upon termination of your Account and your mobile number will be withdrawn with immediate effect without any prior written notice from MTASB. MTASB will deduct from your Account the value of the Service used by you from time to time at call charges rates stipulated in the User Guide and/or as may be imposed at MTASB’s absolute discretion from time to time.

5.SIM Card.
The Subscriber Identity Module (SIM) Card or similar identity device remains, at all times, the exclusive property of MTASB and you shall not transfer the SIM Card without MTASB’s prior written consent. MTASB is not under any obligation to compensate you for your lost, stolen, damaged, faulty or cloned SIM Card or for any unused call credit balance. If MTASB chooses to replace your SIM Card, you may be charged for such replacement in the amount as may be determined by MTASB at any time. MTASB will replace a defective SIM Card at no cost if the defect is proven to MTASB’s satisfaction to have been caused by the manufacturer or supplier and provided that you return the defective SIM Card to us within 7 days from the date the Services are activated.

6.Fraudulent Use or Loss of SIM Card.
In the event of loss, theft, unauthorized use and/or cloning of the SIM Card you shall immediately notify MTASB. You shall remain liable for all charges and costs incurred in relation to the SIM Card including all costs associated with its unauthorized use.

7.Starter Packs and Recharge Vouchers.
Starter packs or Recharges Vouchers purchased from MTASB shall have the following validity periods:                                          

  1. In the case of starter packs, a validity of no more than (1) calendar year from the date of manufacturer of a starter pack, such date being indicated on a starter pack.                                 
  2. In the case of recharge vouchers, a validity of no more than two (2) calendar years from the date of manufacture of a recharge voucher, such date being indicated on a recharge voucher. 

You shall have no right to bring any claim whatsoever in respect of any expired starter pack or recharge voucher or any expired part or all of the prepaid credit sold via recharge voucher or any expired airtime credits.

8.Telephone Numbers.
When MTASB allocate any telephone numbers to you, you will not have any rights to these numbers except for the sole purpose of using the Services in accordance with this T&Cs. You cannot sell or agree to transfer these telephone numbers to anyone else. You must not apply for registration of these telephone numbers as trademarks, whether on their own or together with any word or mark. MTASB may withdraw or change any telephone number allocated to you, for commercial, operational or technical reasons or compliance with any requirement of the regulatory authority and MTASB will endeavour to give you reasonable notice in this event.

9.Personal Information.
By signing the registration form, you have given us your consent to use your personal information for lawful purposes, including but not limited to, providing assistance to law enforcement or other government agencies, to our research companies, for joint promotional activities, for managing bad debt and preventing fraud. You also authorize us to share and disclose your personal information, with our related and associated companies, corporate shareholders, Associated Operator (as defined in Clause 13 below), or Replacement Operator (as  defined in Clause 15(i) below),   third parties and/or relevant authorities for the provision of the Services ,integrated or related services, marketing programs, and/or towards the detection and prevention of crime in the manner specified in our privacy policy posted on our Website as amended from time to time.
You further authorize MTASB, any third party, Associated Operator and / or Replacement Operator to use your personal information in any lawful manner as they deem fit and to disclose your personal information to the third party’s Associated Operator’s and/or Replacement Operator’s holding company, related companies, subsidiaries and/or any other entity within the third party’s Associated Operator’s and / or Replacement Operator’s group of companies for any lawful purpose. Your acceptance of these T&Cs constitutes written authorization to such use and disclosure of your personal information. 

10.Your Responsibilities.
You are responsible for the use of the Services under your account(s) and for any information, text, sound, music, software, photographs, videos, graphics, data, messages or other materials (collectively “Content”), disseminated through your account(s).
You must:                   

  1. provide accurate and complete information to us and inform us immediately of any changes in any particulars or information given to us in your application for the Services including, but not limited to, any changes in address and/or contact particulars;
  2. comply with all applicable laws, rules and regulations and any requirements or restrictions which MTASB or other service providers may impose on the use of the Services or any telecommunications system and equipment;
  3. not to be involved in any fraudulent, improper, illegal, unlawful or unauthorized or attempted fraudulent, improper, illegal, unlawful or unauthorized use of the Services, SIMs, starter packs, recharge vouchers or any products or goods provided by MTASB, at any time, or knowingly or negligently allow any other person to do the same;
  4. cease to utilize the Service or any part thereof for such period as may be required by MTASB;
  5. ensure that the Service is used solely for the reception and transmission of message (including without limitation picture, data and audio files) and other telecommunications by you or other persons using your mobile phone;
  6. not use the Service to cause embarrassment, distress, annoyance, irritation or nuisance to any person;
  7. comply with all notices or directions relating to your use of the Service and your SIM Card as MTASB may see fit to issue from time to time or if MTASB has  reason or cause to suspect that you are not complying with your responsibilities and obligations under these T&Cs;          
  8. be fully responsible for any voice or data transmitted or broadcasted by you or persons using your mobile phone (whether authorized by you or not); and             
  9. at all times keep the personal identification number (PIN) of your SIM Card confidential and not release the PIN to any person.
  10. not adversely affect the operation of the network managed through which the Service is provided and shall further not knowingly or negligently allow other person to do the same. 
You must not use or allow any part of the Services to be used:
  1. to transmit or post any Content which may give rise to civil liability or otherwise violate any applicable laws, rules or regulations;                       
  2. 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 rights;                          
  3. to be resold or otherwise provided to third parties without our prior written consent, whether for profit or not;                  
  4. in a manner that results in MTASB being liable for any loss or damages under any applicable laws, rules or regulations;                
  5. whereby any information or content or any parts thereof (whether in its original or adapted form) received as part of the Service, for purposes 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; and 
  6. whereby you or cause any third party to disseminate any Kuala Lumpur Stock Exchange information or any part thereof (whether in its original adapted form) received as part of the Service or any other information or content (whether in its original or adapted form) received as part of the Service, as MTASB shall inform you from time to time.

11.Content.
Content provided by MTASB via the Service is provided by MTASB or third parties. MTASB does not filter or edit the Content. You acknowledge that MTASB is under no obligation to censor the Content or information provided, even if it is co-branded or promoted by MTASB. MTASB does not warrant and in particular does not guarantee the sequence, accuracy or timeliness of the Content, and MTASB disclaim all liability in relation to Content provided. By using the Service, you acquire no rights or interests to the Content and you agree not to distribute or forward the Content to anyone else. MTASB shall not be liable for and makes no express or implied representation or warranties of any kind in relation to sequence, accuracy, completeness or the security of any data or information transmitted using the Service.

12.Change of Service.
MTASB may from time to time and at its absolute discretion and without prior notice change, or withdraw any part of the Service without being liable for any loss or inconvenience to you.

13.Limitation of Liability.
MTASB shall not be liable for any costs, loss or damage (whether direct or indirect), or for loss of revenue, loss of profits or any consequential loss whatsoever as a result of you using the Service or for whatever reason under this T&Cs. Despite the above, MTASBS entire liability in contract, tort (including negligence or breach of statutory duty) or otherwise to you (except for death or personal injury caused by our negligence) shall be limited to RM300.

You acknowledge that MTASB may use under the terms of commercial arrangement facilities, goods or services of another operator (‘Associated Operator”) in the course of providing the Services and any other telecommunication services or goods to you. Such operator refers to any network facilities provider, network service provider or applications service provider licensed under the Communications and Multimedia Act 1998 (as amended) or other equivalent person outside Malaysia who lawfully operates a Network within or outside Malaysia (as the case may be) and who is not a party to this Agreement.

You shall not hold the Associated Operator whose services are used in supplying the Service liable in any manner whatsoever (whether in contract, tort (including negligence) breach of statutory duty or otherwise), to the full extent permitted by law , for any loss or damage arising from or relating to the Service supplied to you by any such Associated Operator and/or any delay or failure to supply any services or goods to you.

You shall not hold any Associated Operator whose facilities or network(s) are used by MTASB to provide the Service liable in any manner whatsoever (whether in contract, tort (including negligence), breach of statutory duty or otherwise), to the full extent permitted by law, for any loss or damage arising from or relating to any goods or services accessed or used are provided by the relevant Associated Operator.

You shall not be entitled to bring nor institute any claim, demand or cause of action directly to the Associated Operator for any reason whatsoever.

14.Indemnity from you.
You shall indemnify MTASB against all claims that anyone threatens or makes against MTASB relating to your use of the Service or due to your breach, negligence or omission.  You agree to bear all legal costs and expenses incurred by MTASB in recovering any moneys, charges, cost, and expenses payable by you under these T&Cs, and you also agree to indemnify MTASB against all costs, expenses, and charges or legal fees incurred by MTASB in enforcing these T&Cs or in bringing any action or legal proceedings to recover all charges, cost, and expenses payable by you.

15.Suspension and Termination.
MTASB shall be entitled at its absolute discretion to suspend or disconnect access to the Service without notice or compensation to you:

  1. if any technical failure occurs in the Service or outage in the network through which the Service is provided;
  2. while the Service or network is being upgraded, modified or maintained; 
  3. if you breach any of these T&Cs; 
  4. if you do anything which may in the opinion of MTASB lead to the damage or losses to the Service; or       
  5. .if it is in MTASB’s  opinion that the Service is or may be used fraudulently or for unlawful purpose.              
    MTASB will endeavour to resume the Service as soon as possible if suspension or disconnection occurs for the reasons set out above.  You shall be liable for all applicable charges during the period of such interruption, suspension or loss of the Service or part thereof from any cause whatsoever.

In the event, for any reason whatsoever, MTASB ceases to provide the Service then:            

  1. A mobile network operator other than MTASB (“Replacement Operator”) may step in and provide you with services instead of the Service, and such services may, but will not necessarily, be similar or equivalent to part or all of the Services. Such services may, but not necessarily, include the ability for you to continue using your unused prepaid credit on the Replacement Operator’s system or network and the range and nature of such services offered to you shall be at the sole and absolute discretion of the Replacement Operator;
  2. If a Replacement Operator does decide or expresses an intent to provide services to you instead of MTASB, MTASB will release your personal information to such Replacement Operator, and such Replacement Operator will inform you of the services they propose to offer;
  3. A Replacement Operator will only take responsibility for the provision of part or all of any services being provided to you by MTASB. You shall in no circumstances have any right to demand or take any action against a Replacement Operator for the continued provision of any specific MTASB Services or for any non-communications service that MTASB was providing to you, regardless of whether or not such non-communications services were accessible from your mobile handset or whether MTASB indicated to you that any Replacement Operator would provide any such services;
  4. Your acceptance of these T&Cs constitutes written consent and authorization to a Replacement Operator to do any acts necessary or incidental to give effect to this clause 15, and to promptly pay on demand the Replacement Operator for any services provided pursuant to this said clause 15 that you continue to receive and use; and
  5. In the event the Replacement Operator elects to provide its services to you on the same terms as these T&Cs on a continuing basis then, in the event of such election, your acceptance of these T&Cs shall also constitute written consent on your part to be bound by these T&Cs in respect of the services provided by the Replacement Operator, and in the event of the abovementioned election being made, these T&Cs shall be deemed to constitute an agreement between the Replacement Operator and you and references to ‘MTASB’ shall be deemed to be references to the Replacement Operator, and references to the ‘Services’ shall be deemed to be references to the services being provided pursuant to these T&Cs to you by the Replacement Operator


For the avoidance of doubt, the Replacement Operator may be the Associated Operator.

16.Post Termination.
Termination will be without prejudice to any then existing rights and/or claims that MTASB may have against you, and you will still have to fulfill your obligations including payment of all outstanding charges, including but not limited to, administrative and legal charges, prior to the date of termination.

17.Matters Beyond our Control.
Without limiting the generality of any provision in the T&Cs, MTASB and/or its related corporations shall not be liable for any failure to perform its obligations herein caused by an act of God, insurrection or civil disorder, military operations or terrorism, all emergencies, acts or omission of Government or any competent authority, industrial disputes of any kind, fire, lightning, explosion, flood, acts or omission of persons or bodies for whom MTASB and/or the related corporations has no control over or any cause outside MTASB and/or the related corporations reasonable control. The Service may occasionally be affected by interference caused by objects beyond our control such as buildings, underpasses and weather conditions. When this happens, MTASB will not be responsible for any inability to use or access the Service, interruption or disruption of the Service. 

18.Transfer.
MTASB may assign or novate all or part of these T&Cs to any third party, Associated Operator and/or Replacement Operator, and you hereby agree that such assignment may be affected by written notice to you. MTASB may novate its rights and obligations under these T&Cs to a third party, Associated Operator and/or Replacement Operator and your acceptance of these T&Cs constitutes written consent and authorization for such novation and for MTASB to transfer all its obligations and rights under these T&Cs to such third party, Associated Operator or Replacement Operator. For avoidance of doubt , MTASB will remain responsible to you for performance of its obligations hereunder up to the effective date of any assignment , novation or transfer of these T&Cs in favour of a third party, Associated Operator or Replacement Operator.

You shall not assign or novate any or all of your rights/obligations hereunder to any other person without the prior written consent of MTASB.

19.Amendments of T&Cs.

MTASB reserves the right at its absolute discretion, from time to time, to vary, add to or otherwise amend these T&Cs or any part thereof including without limitation the Service. You will be given notice of such amendments in accordance to Clause 22. Your continued use of the Service after the effective date of any variation, addition or amendments to these T&Cs shall constitute unconditional acceptance of such variations, additions or amendments by you and you will be bound by the same.  If you do not accept such variation, addition or amendment, you shall be entitled to terminate the use of the Service.

20.Expenses.
You are responsible for all taxes, levies or duties, if applicable, in relation to the Service.  You shall reimburse MTASB on demand for any such expenses, which it is obliged to pay on your behalf.

21.Governing Law.
These T&Cs shall be governed by and construed in accordance with the laws of Malaysia, excluding its conflict of law rules.  Parties agree to submit to the exclusive jurisdiction of the Malaysian courts.

22.Notices

  1. All notices, request and/or other communications to be given by MTASB to you under these T&Cs will be published in the Website and/or published in national newspapers in the main languages, published daily and circulating generally throughout Malaysia and shall be deemed served when so published and/or such other forms as MTASB deems appropriate.     
  2. All notices, request and /or other communications to be given by you to MTASB under these T&Cs must be in writing and sent to Merchantrade Asia Sdn Bhd, Suite 1632, 16th Floor, Block A, Damansara Intan, No. 1, Jalan SS20/27. 47400 Petaling Jaya , Selangor or enquiry@mtradeasia.com or such other address notified to you in writing.
23.Miscellaneous                                    

  1. If any of the provision in these T&Cs should be invalid, illegal or unenforceable under any applicable law, the legality and enforceability of the remaining provisions shall not be affected.
  2. No delay or indulgence by MTASB in enforcing any term or condition of these T&Cs shall constitute waiver by MTASB of your breach of these T&Cs.                   
  3. Those clauses which by their nature would survive the termination of the Service and/or T&Cs shall survive, including without limitation Clauses 3, 11,14,15,16 and 21.               
  4. These T&Cs shall have effect to the fullest extent permitted by law.  Nothing contained in these T&Cs shall be construed as an attempt to contract out of any provisions of the Consumer Protection Act 1999 and Communications and Mulitmedia Act 1998 where such Act is applicable.               
  5. To the fullest extent permitted by law , no  rule of construction or interpretation shall apply to prejudice the interest of the party preparing these T&Cs.
  6. In the interpretation of these T&Cs, the singular shall include the plural and vice versa, words importing a gender will include other genders and, where you are more than one person, your obligations and liabilities will bind each person jointly and severally.
You are responsible for all taxes, including service tax, and stamp duty (if applicable) payable on  MTASB supply of Services to you pursuant to these T&Cs