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-T) (“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”.
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.
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”)
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.
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terminated, your airtime credit will be deemed expired upon termination of your Account and your mobile number will be withdrawn with immediate effect without any prior written notice from MTASB.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.
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.
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.
Starter packs or Recharges Vouchers purchased from MTASB shall have the following validity periods:
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.
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.
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 not use or allow any part of the Services to be used:
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.
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.
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.
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.
MTASB shall be entitled at its absolute discretion to suspend or disconnect access to the Service without notice or compensation to you:
In the event, for any reason whatsoever, MTASB ceases to provide the Service then:
For the avoidance of doubt, the Replacement Operator may be the Associated Operator.
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.
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.
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.
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.
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.
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.
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