XOX Self Care Terms of Use

5/16/2015 XOXSelfCareselfcare.xox.com.my

https://www.readability.com/articles/crptowdg 1/8

selfcare.xox.com.my

XOX Self Care

10 min read original

Definition

1. a. For the purpose of these Terms of Use, the following terms shall,unless the context otherwise requires, have the meanings as definedbelow. All other terms not defined herein shall have the meaning asmay be defined in the Terms and Conditions of the XOX Website orwhere no definition has been provided, the said term shall have themeaning as may generally be accepted within the industry based onthe context used herein.

1. "Account" means your Hybrid or prepaid mobile service accountor accounts which you may have with XOX and may beaccessed via the Self Care Portal;

2. "Hybrid Services" means the XOX Hybrid products and servicesoffered by XOX Com Sdn Bhd (709922-X) (XOX COM);

3. Prepaid Services means the prepaid products and servicesoffered by XOX Com;

4. "Service", "Self-care" or "Self Care Portal " refers to the followingservices including but not limited to: For Hybrid Account, (i)view, print and email in its current format or such other formatas may be made available by XOX from time to time, theStatement of Accounts subject to the terms herein, (ii) makepayments, (iii) access to other services, and (iv) changes userprofile; For Prepaid Account, (i) reload services, (ii) ViewAccount Status, (iii) View prepaid transactions and (iv) Updatesubscriber profile or such other services as may be added fromtime to time. The services shall also include mobile internetmanagement and sub-line management and any other servicesas may be added from time to time.

5. "Statements" refers to electronic statements of Hybrid Accountsas more particularly defined in Clause 2 (b) herein; and

6. "Security Access" refers to such confidential authenticationinformation required for your access to and use of Self CarePortal or XOX Website, whether in the form of words, codes,



numbers, sets of characters or such other form or combinationthereof, as may be prescribed by XOX from time to time.

Description of Service

1. The Self Care is provided by XOX Media and allows customers ofXOX that have subscribed to the Self Care Portal to access to theServices. Information displayed as part of the Service is obtainedfrom customers account information from its subscription of XOXCom mobile plan. Any dispute on the information shall be addressedto XOX Com through the contact details in the XOX Website.

2. Statements are electronic version of the paper statements, notices,advice or reminders mailed or otherwise provided to XOX COM'scustomers that are made available via the Service in a form eitheridentical in full or in part, to the paper version of the saidstatements, notices, advice or reminders, and/or in a summary form(as applicable).

3. XOX Media reserves the right to modify, add to, or remove anyfeature of the Service at its sole discretion from time to time with orwithout notice.

You must first be a Self Care Portal customer before you can use theService.

Accessing Statement

1. Statement of Accounts for Hybrid Services will be provided to youperiodically via the Service in accordance with its applicablestatement cycle (if any) or from time to time at XOX COM'sdiscretion, when you login to Self Care Portal.

Accuracy and Timeliness of Statement

1. You acknowledge and understand that certain information and datain the Hybrid and/or Prepaid Statement are based on informationand data provided by third parties from time to time, i.e. from thirdparty telecommunication service provider. You further acknowledgeand understand that the Statement is prepared by electronic meansand the information contained therein is extracted fromcomputerised systems maintained by XOX Com, its affiliates or thirdparty telecommunication service provider. As such, although XOXCOM endeavours to provide Statements with accurate and up todate content, it does not warrant the same. XOX COM and XOX



Media shall not be liable for any such error, omission or discrepancyin the Statement and you hereby agree to hold XOX COM and XOXMedia harmless against any losses or damages as may be incurredor suffered by you in relation to any such error, omission ordiscrepancy.

2. You acknowledge that you shall be responsible to verify theaccuracy and timeliness of all information and details in the Hybridand/or Prepaid Statement upon your accessing and viewing thesame. In the event that you discover any error, omission ordiscrepancy in the said Hybrid and/or Prepaid Statement you shallnotify XOX COM in accordance with the procedure as laid out inClause 13.

XOX Media reserve the right to impose a fee for the Service at itsdiscretion at any time upon giving notice to you.

Security and Equipment

1. Information you provide in connection with the Service will bestored on XOX Website secure servers and protected by certainencryption techniques. However, the security of the Service dependsupon your efforts to protect your Self Care Portal Security Access forthe Service. You must take all necessary precautions to safeguardyour Self Care Portal Security Access, which allows you to accessthe Service.

2. You shall be responsible for all access and use of the Service viayour Self Care Portal Security Access whether authorised by you orotherwise and shall indemnify XOX Media in relation to any liability,losses or damages suffered or incurred arising from the access anduse of the Service via your Self Care Portal Security Access.

3. You also have the responsibility to provide any equipment(telephone, computer, etc), software, and services necessary to usethe Service.

XOX Medias Proprietory and Intellectual Property Rights

1. Other than information related to your Account(s), all contentavailable on the Service (including its arrangement) is the propertyof XOX Media or third party trademark and is protected bycopyrights, trademarks, or other intellectual and proprietary rights.Your usage of the Service does not grant you a license or right to useany XOX Website trademark without the express written approvalof XOX Media. In addition, your usage of the Service does not grant



you a license or right to use any third party trademark without theexpress written approval of the third party possessing rights to suchtrademark.

A parent line holder is allowed to have maximum of ten (10)supplementary lines or sub-lines.

The parent line may at any time shall have the authority of accessingservices such as top up, bill payment, view profile, view bill statement,data subscriptions, stop data auto-renewal services and/or for anyother new services impose from time to time to their sub-lines account.

In event of any data subscriptions made by the parent line on behalf ofthe sub-line, fees and/or payment will be deducted from a particularsub-lines mobile account.

1. the relevant Merchants;2. such other persons as XOX Media may be required to disclose under

the applicable law;3. such other persons or entity pursuant to any governmental directive

or order of the court; or4. any other party whomsoever as XOX Media may at its absolute

discretion deems fit.

Change in Terms of Use and Termination

1. XOX Media has the right to amend these Terms of Use at any timeand from time to time. Any amendments to these Terms of Use willbe effective when they are posted on the Self Care Portal. You areresponsible for checking the Terms of Use periodically for any suchamendments.

2. Customers use of XOX mobile plan is govern by the Terms andConditions of the plan as stated in the XOX Website. You areresponsible to understand and check the Terms and Conditions fromtime to time.

3. If at any time you do not agree to the Terms of Use and anyamendments made thereto, you may cease use of the Service byderegistering all Bills currently registered and activated under theService. Your continued use of the Service will be deemed as youracceptance of the Terms of Use and its amendments thereto.

4. Notwithstanding anything herein, you agree that XOX Media shall



have the right to suspend, withdraw or terminate at any time andwithout notice the Service or any part thereof due to your breach ofthese Terms of Use or for any reason without assigning any reasontherefor.

5. These Terms of Use will be effective beginning the date you enrollfor the Service until cessation or termination of the Service either byyou or by XOX Media pursuant to the terms and conditions herein.

Limitation of Liability

1. Neither XOX Media nor any third parties represent or warrant thatyou will have continuous or uninterrupted access to the Service, orthat any of the functions of the Service will be error-free. The Serviceis provided to you "as is" and "as available", and XOX Media and itsservice providers make no representation or warranty relating to theService, including, without limitation, its performance, availability,content, or functions.

2. In addition to any other disclaimers and exclusions as may bestipulated in this Term of Use, and to the extent as may bepermitted under law, XOX Media disclaims all warranties,conditions, guarantees, and representations, express or implied withrespect to the Service.

3. In no event will XOX Media or its officers, directors, employees,shareholders, affiliates, agents, licensors, or third party serviceproviders be liable in contract, tort (including negligence) orotherwise for any loss or damage (including but not limited toconsequential, incidental, special or punitive damages) sustained byyou or any other party arising directly or indirectly from your accessor use of the Service including but not limited to loss or damagearising from:

1. any defect, delays, interruptions or failures in the provision ofthe Service;

2. any inaccuracies, or errors in any data or information in yourStatement or otherwise provided or made available via theService;

3. the failure to view, print or email your Statement due tolimitations of the Service or any failure of the Service or any partthereof for any reason;

4. the corruption, loss of or error in any data or informationprovided by other party other than XOX for incorporation in



your Statement for any reason;5. any unauthorised use of the Service and/or intrusion,

interference or attack on XOX Website or your Service by anyperson, virus, Trojan Horse, worm, macro or other harmfulcomponents or deleterious programs or files;

6. your failure, neglect or omission to act in accordance with theterms and conditions of this Terms of Use and any other laws,rules, regulations, policies and guidelines currently in force;

7. an event which is beyond the reasonable control of XOX Media;8. XOX Media performing and exercising its rights, obligations and

discretion pursuant to this Terms of Use; and/or9. the act or omission of any party other than XOX Media .

4. Your sole remedy for any failure or non-performance of the Serviceshall be for us to use commercially reasonable efforts to perform anadjustment or repair of the Service and if you remain dissatisfiedwith the Service, to discontinue your access and use of the same.

5. The foregoing clauses shall apply to the fullest extent as permittedin law.

Indemnification

1. Further to any other provisions herein, you hereby agree toindemnify and keep XOX Media indemnified from and against anyand all claims, losses, liabilities, cost and expenses (including butnot limited to any legal fees) arising directly or indirectly or whichmay arise out of your breach or violation of these Terms of Use orany third party rights or your use or purported use of the Service.

Evidence and Use of Statement

1. You acknowledge and agree that in the absence of a manifest error,all evidence of communications transmitted between you and XOXCom or XOX Media, including the Statement and any evidence in theform of, among others, computer printouts, transaction logs, andany other form of information and data storage, shall be binding onyou and treated as conclusive evidence of your instructions,transactions and the communications between you and XOX Com orXOX Media, for all purposes.

2. Notwithstanding the above, you agree that use of printed Statementfor any purpose other than for your own personal record, includingwithout limitation as supporting documentation for the purpose of



any applications or registrations with any bodies or corporations orfor the purpose of making payments of any fee or charge due andowing to a party other than to XOX Com or XOX Media, shall beentirely your responsibility and at your own risk. XOX Com or XOXMedia does not warrant that the Statement shall be sufficient forany other purpose or that it shall fulfill the requirements of any otherbodies or corporations.

Queries and Complaints

1. In the event that you have any queries, complaints and/or disputesarising from your access to and use of the Service, you shall refer thematter to XOX Media or XOX Comas per the relevant contact detailsin as stipulated in the the Self Care Portal or XOX Websitewww.xinxun.com.my.

2. XOX shall use its reasonable endeavours to respond to the queriesand resolve any problems or issues as may be raised by you.

3. You shall specify the nature of your query, complaint and/or disputeand such other details or information as may be required by XOXMedia or XOX Com and such complaint and/or dispute shall behandled and/or resolved in accordance with XOX Media or XOXCominternal complaints and dispute resolution procedurerespectively.

Changes to the procedures and processes or branding

1. You acknowledge that to (inter alia) ensure the smooth and efficientprovision of the Services and/or to improve the Services, XOXMedia shall have the right and discretion to make such amendmentsand modifications as it deems necessary to (i) the procedures andprocesses applicable to the Services (i.e. procedure for acceptanceof Terms of Use, etc); and (ii) the trade or service names used inrelation to the Services as referred to in these Terms of Use.Notwithstanding the same, you hereby agree that pending actualchanges being effected to these Terms of Use, the said Terms of Useshall nevertheless continue to be applicable to the Services wherebythe amended or modified procedures and processes and/or newtrade or services names shall be deemed to replace the previousprocedures and processes and/or new trade or services names,accordingly.

2. Your use of the Service constitutes your binding acceptance of theseTerms, including any modifications that XOX Media make. Some of



the Services may be subject to additional posted conditions. Youruse of those Services is subject to those conditions, which areincorporated into these Terms by reference. In the event of aninconsistency between these Terms and any additional postedconditions, the provisions of the additional conditions shall prevail.

3. You agree that XOX Media will not be liable to you or any third partyfor any changes made.

Severability

1. In the event any portion of these Terms of Use is found to beunlawful or illegal or unenforceable, such portion shall be excludedfrom these Terms of Use, and such exclusion shall not affect theenforceability, legality and lawfulness of these Terms of Use in anyway and the remaining terms shall be separately enforced to themaximum extent permissible so as to effect the intent stated inthese Terms of Use.

Waiver

1. In the event that XOX Media fails to or neglects to enforce anyterms, provisions or remedies under these Terms of Use orotherwise in relation to the Service for whatever reason, XOX Mediashall neither be construed as having waived its rights to anypreceding, continuing or subsequent breach of the same or anyother provisions stated in these Terms of Use.

Laws and Jurisdiction

1. The Service provided herein is governed by the laws of Malaysia andyou hereby consent and submit to the exclusive jurisdiction andvenue of the courts in Malaysia in all disputes arising out of orrelating to the use of the Service.

2. Use of the Service is unauthorised in any jurisdiction that does notgive effect to all provisions of these Terms of Use and/or the XOXWebsite.

https://selfcare.xox.com.my/Reader/SelfCareTNC

Documents

XOX Self Care Terms of Use