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.
"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.
TIME 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.
Any 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.
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, 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.
TIME 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.
In 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.
TIME 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.
TIME 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.
The 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.
TIME 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.
In 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.
Any 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.
This 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.
All 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.
The 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.