Maxis Terms of Service

Maxis – Affle SMS2.0 (Mobile Advertising Trial): Terms of Use

Description of SMS2.0 service

[01 July 2008 ]

The SMS2.0 is a new way of messaging which lets you add a personal touch to your SMS messages with emoticons and colour fonts (“Service”). The SMS2.0 application delivers free content to your mobile via your SMS Inbox and New Message folders. You can choose what you want to be in the “know” from a wide range of interest categories.

The SMS2.0 application, once installed, becomes the default SMS client on the handset and automatically opens up each time the subscriber tries to access the SMS functionality on the phone. The SMS window is used in a non-intrusive manner to display advertisements and contents on the mobile phone supported by GPRS/3G as a medium. The advertisements are targeted based on the interests of the user and demographic. A cache, which contains both content information items and advertisement information items, will be stored on the phone and will be periodically updated during the day.

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 AFFLE Pte Ltd and shall, in addition to these terms, be subject to Affle"s Terms and Conditions which can be found at http://sms2.com/my/content/Affle-Terms-of-Service

Where applicable, access and usage of this Service shall also be subject to the General Terms and Conditions at http://www.maxis.com.my/personal/general/tnc_main.asp (which include terms and conditions for Website Use, the Rules of Acceptable Use and the Privacy Statement).

Consent for participating in Mobile Advertisement Trial

By downloading the SMS2.0 application for the Service, you agree and consent to participate in the mobile advertisement trial conducted by Maxis ("Trial") and to receive mobile advertisements and content information items. Mobile advertisements and/or content information item will be displayed at the bottom of the screen each time you access your SMS functionality on the phone.

If you choose to participate in this Trial, you can use the Service free of the monthly charge which would ordinarily be payable by you for the use of the Service unless otherwise notified by Maxis. The Trial shall be conducted for a period of six (6) months commencing from 01 July 2008 to 31 December 2008 ("Trial Period"). You can opt out of the Trial at any point of the Trial by selecting the Options menu from your SMS2.0 screen and by selecting UNSUBSCRIBE. While no further updates would be available once you have unsubscribed to the Service, unless deleted or uninstalled, the SMS2.0 application will reside in your phone.

Maxis reserves the right to modify or discontinue the Service and/or Trial with or without notice to the user. Maxis shall not be liable to any user or third party should Maxis modify or discontinue the Service and/or the Trial.

Charges

The Service is free of the monthly charge for the following :

the use of any of the enhanced features such as emoticons or colour fonts;
content and content information that is displayed when you are viewing and/or composing or sending a message.

Standard charges shall apply for the following:

Standard SMS charges apply when sending SMS;
Data or standard charges will apply for any actions beyond the Service (eg SMS, GPRS charges for transmission/delivery of any requests to you, a call out, browsing the advertiser"s sites and downloading contents);
When roaming, standard roaming and data charges including taxes/levies imposed by the roaming partners shall apply

Please note that you will be charged for all applicable charges relating to or in connection with the Services as set out above even if the charges were incurred 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 installing and using the SMS2.0 application and the Service in the handset.

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 or occasioned by or in connection with the use of the Service irrespective of whether such charges were authorized by you or has arisen from any other causes whatsoever.

Equipment

You shall remain solely responsible to ensure that the mobile phone equipment used by you is compatible to download the application required for the provision of the Service. You shall continue to be liable for any and all charges incurred in connection with the Service even if you are unable to use or view the Service.

If you are unsure whether your mobile phone is compatible with the Service, please consult your mobile phone handbook or check with the maker of your mobile phone, or refer to the list of Supported Mobile Phones which can be found at http://sms2.com/my/phones/. Maxis shall not be liable or responsible should you attempt to download the application onto an incompatible phone.

Delivery of Service

To subscribe for the Trial Service, you will have to opt-in via SMS and a WAP Push will be sent to you to download the SMS2.0 application.

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 the SMS2.0 application or Service howsoever.

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 will 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.

Disclaimer

The Service and the Trial are 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 mobile advertisements, content, information, services relating to or in connection with the Services and/or the Trial 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 SMS2.0 application, Service and/or the Trial. 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.

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