Terms & Conditions

GENERAL

The Services are made available to you by XOX MOBILE subject to these general terms and conditions and the specific terms and conditions of each Service. Upon activation, you are deemed to have read, unconditionally accepted and be bound by this terms and conditions as may be amended from time to time.

ELIGIBILITY

1. On your application to us for the Service, you agree to us verifying to determine, at our discretion if the Service may be made available to you. In the event the Service cannot be supplied, your application (including your personal details) will be kept in our records pending availability of the same.
2. In order to be eligible, the Subscriber confirms that he/she is above the minimum age of eighteen (18) years, not a bankrupt, have read, understood and accepted the terms and conditions stated herein. The Subscriber further agrees to be bound and be subjected to the specific terms and conditions for BLACK (Service) as contained in onexox.my and which may be updated and any such other terms and conditions which may imposed by XOX MOBILE from time to time. For Subscribers who are below the legal age of eighteen (18) years, parental consent is required before subscribing to any BLACK Plans.
3. By registering, Subscribers represent and confirm that they are legally able to enter into the Agreement.
4. The Terms and Conditions stated herein shall be applicable for all Plans and Promotions as offered or may be offered by XOX MOBILE to Subscribers as part of the Services. The Agreement shall be in force immediately from the date of acceptance by the Subscriber (which is defined by the availability of the Service and usage by the Subscriber). The Subscriber shall refer to the Plans available for registration and the subsidized Device options (if any) offered under each Plan.
5. XOX MOBILE reserves the absolute right to rescind any of the privileges accorded to the Subscriber 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, or if XOX MOBILE suspects any illegal usage or fraud including but not limited to the Service, or part thereof, including but not limiting to selling or reselling of the Services or part thereof without written consent by XOX MOBILE.

SUBSCRIBERS’ RESPONSIBILITIES AND OBLIGATIONS

1. In the use of the Services, you agree: -

• To be responsible for the use of the Services and to accept full risks in doing so;
• That XOX MOBILE shall not be liable to the Subscriber or any third party authorised or claiming on behalf of the Subscriber for any loss, damage, consequential or loss of business, expenses incurred, loss of revenue or profits suffered by the Subscriber 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 MOBILE in relation to the services provided.
• To fully indemnify and keep XOX MOBILE indemnified at all times against all claims, losses, liabilities, demands, costs and expenses including legal fees which may result or which XOX MOBILE may sustain in connection with or arising from the provision of the services to the Subscriber;
• That any renewal or extension by the Subscriber shall be made in the form as stated by XOX MOBILE and all such renewal requests shall be sent to the address provided in the Form and/or by fax to the number provided by XOX MOBILE and shall be deemed an original document taken together to constitute the Terms and Conditions. The Subscriber agrees to be bound by its facsimile signature and such facsimile received and acknowledged by XOX MOBILE shall be deemed accepted, binding on the Subscriber from the date of receipt and shall form part of the Agreement;
• To be fully responsible for any voice or message or data transmitted by the Subscriber or persons using the Subscriber’s Device(s);
• 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;
• To take all reasonable steps to prevent fraudulent, improper or illegal use of the service. The Subscriber agrees to report immediately to XOX MOBILE 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 MOBILE and to give XOX MOBILE a certified copy of such report. XOX MOBILE may extract any message details or personal information of the Subscriber or any data provided by the Subscriber in the event such information is necessary in the event of a suspected and or proven misuse of the Service;
• To comply with all instructions, notices or directions issued by XOX MOBILE;
• Where data services are provided under the Plan to be bound by the Terms and Conditions and the Fair Usage Policy available on the website at onexox.myand as may be modified from time to time by XOX MOBILE; and
• That XOX MOBILE may send the Subscribers notifications relating to promotional and marketing activities from time to time. The only exception is when XOX MOBILE receives a written notification from the Subscriber requesting XOX MOBILE not to do so. 

2. The Subscriber agree not to use or allow any part of the Service to be used: -

• To advertise, transmit, store, post, display or otherwise make available materials which may be defamatory, offensive, indecent or illegal or improper or otherwise violate any applicable laws;
• To advertise, transmit, post, facilitate or solicit any Content, product or service that contains harmful, damaging or destructive programmes;
• To disrupt or undermine the security of various networks and systems that are connected to the Service directly or otherwise;
• To violate any party’s rights or affect other users’ enjoyment of or access to any Services or cause annoyance, harassment, irritation, inconvenience or anxiety to anyone;
• To infringe an individual’s privacy or personal rights;
• To engage in any activity that we determine to be harmful including but not limited to our customers, operations, reputation, goodwill or customer relations;
• To be resold or otherwise be provided to third parties;
• To be used for any activity which would generate Network traffic in excess of reasonable usage or cause congestion; and
• To cause any disruption, interference, interruption or degradation in the Network or the Services.

 PROVISION OF SERVICE

1. The Subscriber agree and acknowledge that the quality and availability of Service may vary from place to place, and from time to time. We do not represent and/or guarantee and/or warrant in any way that the Service will be free from any fault, error or interruption. The Service is not fault free and may be affected by factors outside our control, including but not limited to physical obstructions, geographic and atmospheric conditions, radio interference, governmental or regulatory authority and faults on other telecommunications systems connected to our Network. In spite of such events, you agree to pay all fees and charges which are outstanding and/or due and payable to us under the Agreement.
2. The Network and the Services may from time to time require upgrading, modification, maintenance and/or other work, which may result in partial or complete non-availability of Service.
3. XOX MOBILE does not guarantee or warrant the availability of the data usage and the Subscriber acknowledges and agrees that the data usage is provided on and “as is” basis.
4. To experience 4G LTE speed, Subscribers must use a 4G compatible device and the data service is used in an area with 4G network.
5. We may vary Content or the technical specification of Service from time to time.
6. We will use reasonable endeavours to maintain Content, but it may be incomplete, out of date and/or inaccurate. Subscribers accept that we will not be liable for any action Subscribers or any other party take in reliance on the Content or the accuracy, completeness or continuous supply of the Content.
7. Subscribers are solely responsible for evaluating the accuracy and completeness of any Content and the value and integrity of goods and services offered by third parties over the Service. We will not be a party to nor in any way be responsible for any transaction concerning third party goods and services.
8. Subscribers may only use Content in a way that does not infringe the intellectual property rights (IP Rights) of others (Approved Use) and you must comply with all other instructions issued by us regarding use of Content. Subscribers shall not store, modify, transmit, distribute, broadcast or publish any part of the Content other than for an Approved Use. The reselling, copying or incorporation into any other work of part or all the Content in any form is prohibited. Subscribers may only print or download extracts of Content for personal use.

REGISTRATION

1. The Subscriber agrees to pay XOX MOBILE at the point of registration, a sum as pre-payment equivalent to the Plan subscribed. The Subscriber further agrees that no interest shall be paid by XOX MOBILE for the pre-payment made and the pre-payment made shall be used to charge the first month usage Charges due and payable by the Subscriber to XOX MOBILE.
2. One (1) Subscriber can only register up to a maximum of five (5) SIMs under single user National Registration Identity Card (NRIC)/Passport. Malaysian citizen is required to register using a valid NRIC only.
3. Registration by the Subscriber in any Plan introduced or as may be introduced by XOX MOBILE during the current subscribed term shall be subject to the absolute discretion of XOX MOBILE. Subject to the terms and conditions contained herein and in the Agreement any written request for services including without limitation additional services from the Subscriber whether by way of a mail, letter or fax addressed to XOX MOBILE and written or executed by the Subscriber or Subscriber’s authorised agent shall be deemed to be valid and binding and shall form part of the Agreement. The Subscriber 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 MOBILE or when the service has been put to use by the Subscriber. It is the responsibility of the Subscriber to update the names of its authorised agent or personnel from time to time in the Form provided by XOX MOBILE.

OTHER TERMS & CONDITIONS

1. The above Terms and Conditions will be governed by the laws of Malaysia and the parties agree to submit to the exclusive jurisdiction of Malaysian courts.
2. XOX MOBILE is entitled to make any alternation or changes to the Services in whole or any part thereof, or withdraw or suspend, disconnect or terminate the Service and will not be liable to the Subscriber or any third party for any loss.
3. XOX MOBILE may at our discretion with prior notice vary the amount of deposit, fees and any Charges for the Services or part thereof and to change the billing cycle.
4. XOX MOBILE reserves the right to change, amend, modify, suspend, continue, terminate & add all or any Terms and Conditions at any time without prior notice. The Terms and Conditions stated herein shall continue to apply subject to any changes, amendments, modifications, suspensions, continuations, variations, modifications, terminations and/or additions contained in this document and shall be read and construed to be enforceable as if such changes, amendments, modifications, suspensions, continuations, variations, modifications, terminations and/or additions were inserted in the document. Continued use of the Service following any amendment or changes to the terms constitutes an acceptance to those changes.
5. Where the Terms and Conditions are translated into a language other than the English Language, in the event of any inconsistencies, conflicts or discrepancies between the terms and conditions set out in the English Language version and that of the other language(s), the English Language version shall prevail.
6. Subscribers shall not assign or novate any or part of Subscribers’ rights and/or obligations under this Terms and Conditions to any party, without XOX MOBILE’s consent. Subscribers agree that XOX Mobile may assign or novate all or part of the Agreement to any third party by notice to Subscribers without obtaining prior consent. Subscribers continued usage, after such notice on you will be deemed as consent to continue with the Service after such novation and Subscribers agree to be bound as instructed in such or any further notice.
7. XOX MOBILE shall not be liable for any cost, lost or damage (whether direct or indirect) of for loss of revenue, loss of profits or any consequential loss as a result of the Subscriber’s use of the Service.
8. Any specific Service(s) you use is subject to this Terms and Conditions as amended and/or supplemented by the applicable BLACK Specific Terms & Conditions (which prevails over this Terms and Conditions).