FINDER301
Terms & Conditions
Description of FINDER301 Service
This service allows you to search for and get telephone numbers, addresses, recommendations, reviews and a map of places around you using SMS (service) and the mobile internet (‘Service’).
Use of Service
To use, preview, download and/or subscribe for the Service, you will have to be a subscriber of Maxis' postpaid Or prepaid mobile service (Hotlink). The Service is a service/application provided by Maxis in collaboration with Ahead Mobile Sdn Bhd.
Where applicable, access and usage of this Service shall also be subject to the General Terms and Conditions (which include terms and conditions for Website Use, the Rules of Acceptable Use and the Privacy Statement.
To start to use this service, you can send a message containing the FINDER keyword and send the message to shortcode 301. A response containing the location of the searched place will be sent to you. Consecutively, you can send search queries directly to the 301 shortcode. For receive categories of searchable items, you can send MENU to 301 shortcode. For help, you can send HELP to 301 shortcode.
In registering for the Service you agree to not use the Service to:
| (a) |
upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, politically motivated, or racially, ethnically or otherwise objectionable. In this regard, you expressly agree to comply with the requirements of Malaysian law including (but not limited to) the Malaysian Communications and Multimedia Content Code (the “Code”) together with the applicable laws and regulations of the jurisdiction in which you are using the Service (collectively referred to herein as the “Applicable Laws”) and shall not provide and or post any prohibited Content (as set out in the Code) nor any Content in contravention of Applicable Laws on to the FINDER301 service; |
| (b) | upload, post or otherwise transmit any Content belonging to a third party/entity without that third party’s or entity’s prior knowledge and consent; |
| (c) | impersonate any person or entity; |
| (d) | upload, post or otherwise transmit any Content that you do not have a right to transmit under any Applicable Laws or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); |
| (e) | upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, unless such party’s express prior consent is first had and obtained; |
| (f) | upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam”, “chain letters,” “pyramid schemes,” or any other form of solicitation; |
| (g) | upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; |
| (h) | interfere with or disrupt or hack into this Service or servers or networks connected to this Service, or disobey any requirements, procedures, policies or regulations of networks connected to this Service; |
| (i) | intentionally or unintentionally violate any applicable local, national or international law including but not limited to any Applicable Laws; |
| (j) |
“stalk” or otherwise harass another; collect or store personal data about other users; promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals; engage in commercial activities. This includes, but is not limited to, the following activities:
(i) offering for sale any products or services; |
In addition and to the above, you further expressly agree that while using and or while preparing to use the Service, you shall not interfere with any other FINDER301 user’s use and/or enjoyment of the Service; modify, adapt, translate or reverse engineer any portion of the Service; remove any copyright, trademark or other proprietary rights and/or notices contained in or on the Service; reformat or frame any portion of the web pages that are part of the Service; create multiple user accounts in violation of these Terms and Conditions or create user accounts by automated means (unless otherwise expressly authorized under these Terms and Conditions) or under false or fraudulent pretenses.
Please take note that the location information given is only approximate, and accurate to roughly a few hundred meters to a few kilometers.
Charges
You will be charged:
| (a) | for the Service at the rate prescribed by Maxis from time to time and payable in accordance with Maxis’ policy and requirements; and |
| (b) | for traffic charges (e.g. SMS and GPRS charges for the transmission / delivery of the Service to you). |
You are advised to check against the specific details of the SMS charges so as to ascertain the exact charges that are applicable.
Please note that you will be charged for the Service even if the Service was used, subscribed, downloaded and/or viewed by a third party using your mobile phone and/or the simcard registered to you and/or your details registered to your simcard. If the mobile phone does not belong to you or if someone else is paying the mobile phone bill please obtain that person's consent prior to using the same.
Payment
You hereby agree to promptly pay all amounts due to Maxis as reflected in your official monthly bill statement and for all charges whatsoever for occasioned by the use of the Service irrespective of whether such charges were authorized by you or has arisen from any other causes whatsoever.
Equipment
You will remain solely responsible to ensure that the mobile phone equipment used by you is compatible to provision of the Service. You will continue to be liable for the Cost of the Service even if you are unable to use or view the Service purchased.
Termination and Suspension
Maxis reserves the right to cancel, withdraw, terminate or suspend the Service for any reason whatsoever at its sole discretion without notice to you. You agree that Maxis shall not be liable to you or to any other party for such cancellation, withdrawal, termination or suspension.
Restrictions and Prohibitions
You agree that all information, data, text, photographs, graphics, reviews, messages or other materials (“Content”) publicly uploaded or transmitted to the FINDER301 website and mobile service by you or by persons authorised by you or with your consent is your sole responsibility. You are entirely responsible for all Content that you upload, post or otherwise transmit via the Service. Maxis does not guarantee the accuracy, integrity or quality of such Content. Maxis reserves the rights, but are not obligated, to review the Content posted via the Service.
Although we prohibit the uploading of certain types of Content to the website and will try our level best that this is adhered to by all parties, Maxis may not be able to control the use of our Service. It is possible that images or other material may appear on our website which are unlawful or offensive. Maxis shall not be responsible for such images or material. Neither Maxis or our subsidiaries, affiliates, officers, agents, co-branders or other partners and employees and or servants shall be responsible and or liable in any manner whatsoever for the appearance on our website of such images or materials.
You shall abide by all specific conditions and all notifications issued by Maxis in relation to the Service. Where it is expressly stated that you are restricted or prohibited from storing, editing, transferring, downloading, modifying and/or forwarding the Service to any other medium, device or to any other user or subscriber, you agree to abide by the conditions. If Maxis is of the view that there has been a contravention of these conditions, Maxis reserves the right to terminate and/or suspend your access and usage of the Service.
Maxis reserves the right to terminate your account, including all postings and information in your account, in the event you fail to comply with any of the provisions under this Terms and Conditions. KINDLY TAKE NOTE That any information provided by you to any other FINDER301 account, such as “reviews” made on restaurant listing pages will not / cannot be deleted by you under any circumstances.
Advertisement and Promotions
Maxis may run advertisements and promotions on the FINDER301 Service. Your correspondence or business dealings with, or participation in promotions or campaigns undertaken by, advertisers found on or through this Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You acknowledge that you are responsible for viewing and abiding by the privacy statements and terms and conditions of use posted at the relevant advertiser’s/promoter’s web sites. You agree that Maxis shall not be responsible or liable for any loss or damage of any sort incurred by you or any third party as the result of any such dealings or as the result of the presence/activities of such advertisers / promoters on this Service.
Indemnity
You indemnify Maxis, its related and affiliated corporations against each claim, action, proceeding, judgment, damage, loss, expense or liability incurred or suffered by, or brought, made or recovered against Maxis, its related and affiliated corporations in connection with any breach by you of these Terms and Conditions or in connection with the Service and/or Content.
Disclaimer
The Service is provided on an "AS IS" basis without any representation or warranties of any kind whether express or implied. Maxis, its related and affiliated corporations disclaim and exclude all warranties relating to the content, information, services relating to or in connection with the Service including but not limited to, all warranties of merchantability, fitness for a particular purpose, title, non-infringement, compatibility, security and accuracy.
In no event shall Maxis, its related and affiliated corporations be liable to you or anyone else for any loss or injury or any direct, indirect, special, exemplary, consequential damages, or any damages whatsoever including but not limited to loss of use, data, revenue or profits, whether in action of contract, negligence or other tortious action, arising out of or in connection with your access, use of, or your inability to access or use the Service.
Maxis, its related and affiliated corporations do not warrant that the Service will be uninterrupted or error free, that defects will be corrected, or that the website or the server, third party or otherwise, that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials.
Maxis shall not be liable in any way for failures, defects or delays in the delivery of the application or the Service for any reason whatsoever. You are responsible for all charges incurred if you accidentally erase, replace or delete any Content obtained through or via the Service howsoever.
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