1.1. The Community Service Provider agrees to provide and the Xiddig Member agrees to accept the Services (hereinafter defined) subject to all the terms and conditions hereinafter set-out and subject also to the Privacy Statement with regards to the Personal Data Protection Act, 1998.
1.2. Subject to the compLIance with the Terms and Conditions of this Agreement, the Xiddig Member shall be entitled to the privileges and benefits accorded onto the Xiddig Member.
2. DEFINITIONS & INTERPRETATION
2.1. In this Agreement, the following words shall, unless the context otherwise requires, bear the following meaning:-
“Contracting Parties” - means the Community Service Provider and the Xiddig Member.
“MMS” - means Multimedia Messaging Services.
“Mobile Number” - means Mobile Station International Subscriber Directory Number.
“Mobile Number Portability” - means the ability for an End-User to change from one mobile or fixed cellular Service provider to another whilst maintaining their mobile number.
“MyKad” - means the Identity Card for Malaysian citizens.
“Services” - means the prepaid tele-communication services and all other services as may be varied, modified, amended, added and/or deleted by the Community Service Provider at any time.
“SMS” - means Short Messaging Services.
“Terms and Conditions” - means the terms and conditions contained in this Agreement and/or as may be varied or modified from time to time at the sole discretion of the Community Service Provider.
“Xiddig Member”, “you” or “your” - means the person to whom the SIM Card has been sold to for the purpose of using the Services according to these Terms and Conditions.
2.2. In this Agreement unless there is something in the subject or content inconsistent with such construction or unless it is otherwise expressly provided:-
- The expression “the Community Service Provider” and “the Xiddig Member” shall include their respective successors in title, heirs and permitted assigns;
- Words importing the singular shall include the plural and words importing one gender shall include all other genders;
- The expression “Ringgit Malaysia” and the abbreviation “RM” shall mean the lawful currency of Malaysia.
- The headings contained in this Agreement are inserted for convenient reference only and shall not be used to interpret the contents thereunder;
3. ACKNOWLEDGEMENT AND CONFIRMATION BY THE XIDDIG MEMBER
3.1. You hereby irrevocably and unconditionally acknowledge, confirm and agree that:-
3.1.1 You have read and fully understood all the Terms and Conditions.
3.1.2 Your use of the Services, upon activation, constitutes unconditional acceptance to be bound by additional terms specific to various value added services and these Terms and Conditions including its future amendments, variations, modifications, deletions and/or additions.
3.1.3 By subscribing to the Services, you warrant that:-
i. (in the event the Xiddig Member is an individual) you have attained twelve (12) years of age and above.
ii. (in the event the Xiddig Member is a body corporate) you are a company duly incorporated and subsisting under the laws of Malaysia and you have the capacity, power and authority to enter into and perform its obligations under this Agreement and the obligations in this Agreement will be binding on you.
3.1.4 You are competent to accept the Terms and Conditions for the Services.
3.1.5 You shall use the Services in accordance with the Terms and Conditions and ensure that any person you allow to use the Services complies with the Terms and Conditions.
3.1.6 All the information and/or particulars you have provided to the Community Service Provider for the purpose of registration and/or the use of the Services are accurate, true, complete and not misleading.
3.1.7 You shall provide valid and true identification documentations to the Community Service Provider for the purpose of registration and the MyKad provided by you to the Community Service Provider and/or its authorised dealers/agents are valid and belong to you, or the international passport provided by you to the Community Service Provider and/or its authorised dealers/agents are valid and belong to you.
3.1.8 You are solely responsible for all acts or omissions that occur when using the Services.
3.1.9 You shall at all times abide and adhere to any regulations, rulings, directions, code of practice and/or any other form of rules issued by SKMM.
3.2 The contents of the Privacy Statement is applicable.
4. PHONE EQUIPMENT, COVERAGE & SIM CARD
4.1 You are responsible to obtain your own fixed terminal equipment which is compatible with the Community Service Provider’s communications system in order to use the Services or any part thereof.
4.1.1. In order to use new services provided by the Community Service Provider in the future, you may need to upgrade your fixed terminal equipment at your own cost and expense.
4.1.2. Your fixed terminal equipment (i.e your phone, or other device which comprises a transmitter and receiver for radio communications services) must be type-approved by a certifying agency registered with the SKMM.
4.1.3. You are responsible to equip yourself with all the necessary and compatible hardware and software required to utilise any of the Services offered.
4.2. The telephone number as assigned to you is not assignable, exchangeable or transferable unless with the Community Service Provider’s consent.
4.2.1. You will not have any rights to the telephone number allocated to you except for the sole purpose of using the Services in accordance with the Terms and Conditions.
4.2.2. You shall not apply for registration of the telephone number allocated to you as trade mark, service mark or a combination of both, whether on their own or together with any word, graphic or any other mark.
4.2.3. The Community Service Provider reserves all rights to withdraw or change the telephone number allocated to you for any commercial, operational or technical reasons or pursuant to the compliance with any requirement of the regulatory authority including SKMM. The Community Service Provider shall endeavour to give you reasonable notice in such event and provided that the circumstances permit.
4.3. The SIM Card shall at all times remain the exclusive property of the Community Service Provider and you shall not transfer and/or assign the SIM Card to any person without the Community Service Provider’s prior written consent.
4.3.1. The Community Service Provider is not under any obligation to compensate you for your lost, stolen, damaged, faulty or cloned SIM Card or for any unused credit balance.
4.3.2. If the Community Service Provider chooses to replace your SIM Card, you will be charged for such replacement in the amount as may be determined by the Community Service Provider at any time and from time to time.
4.4. All SIM Cards must be activated within Malaysia and before the expiry date printed on the Xiddig Membership Pack.
4.4.1. You shall, as required by law, register your personal particulars with the Community Service Provider upon the purchase of the Xiddig Membership Pack.
4.4.2. If you fail to register or activate the SIM Card or the use of the Services is not activated by you, by the expiry date printed on the Xiddig Membership Pack, the SIM Card will be deactivated.
4.4.3. A non-activated SIM Card which has passed the expiry date imprinted on it will not be useable and/or returnable and no refund shall be given to you in respect of the same.
4.4.4. The Community Service Provider may at any time terminate your SIM Card and bar your access to the Services if you breach any of the Terms and Conditions or otherwise without giving any reason whatsoever including but is not limited to if you fail to register.
4.5. Upon activation of the SIM Card in the Xiddig Membership Pack, you may begin to use the Services up to the value of the credit in your Xiddig Account for the duration of validity period as stated in the Xiddig Membership Pack.
4.5.1. Upon expiration of the credit validity period, you must perform a reload with the Xiddig Reload in order to continue to use the Services. In the event no reload is performed, the SIM Card shall be terminated and any remaining credit including any other service or benefit or points accumulated in the Xiddig Account shall be forfeited without any further notice.
4.5.2. The validity period of the credit after reload shall be the period of time between the date of reloading and the stipulated validity period stated on the Xiddig Reload.
4.5.3. The credit value in the Xiddig Reload which have passed the expiry date imprinted on them will not be useable and/or returnable and no refund shall be given to you in respect of the same.
4.5.4. Unless otherwise agreed in writing by the Community Service Provider, the credit value and/or any balance of the credit value in your Xiddig Member’s Xiddig Account are not redeemable for cash.
4.5.5. Unless otherwise agreed in writing by the Community Service Provider, the Xiddig Reload are not refundable. Any value that has been reloaded is not transferable or refundable. The Community Service Provider will not be liable for any loss or damage due to reloading errors caused by the user of the Xiddig Reload.
4.5.6. The Community Service Provider shall reserve all rights to forfeit any of the remaining talk time credit after the expiry of the respective validity period(s).
4.6. The Community Service Provider shall not in any way be liable to reimburse you any forfeited credit value or for any damages, cost, loss or expenses suffered as a result of the suspension and/or termination of your Xiddig Account and/or the Services.
5.1. To the extent permitted by law, the Services are provided on an “as is” and “as available” basis and the Community Service Provider shall not be liable for and makes no express or implied representations or warranties, guarantee or representation of any kind in relation to the Services including but is not limited to:-
5.1.1. Availability, accessibility, timeliness and uninterrupted use of the Services;
5.1.2. Sequence, accuracy, completeness, timeliness or the security of any data or information transmitted or received by you in connection with the Services;
5.1.3. The condition, merchantability, or fitness of any part of the Services;
5.1.4. The quality of the service equipment used by you that is necessary for the access and/or use of the Services;
5.1.5. The quality of the network coverage, whether domestic or international.
5.2.1. Your usage of any part of the Services implies your acceptance of all the terms and conditions of the Services which may be varied, modified, amended, deleted, added or terminated in whole or in part at any time and from time to time without any prior notice from the Community Service Provider.
5.3. Any entitlement for the benefits of the programmes requiring registration will be subject to your successful application.
5.4. The Community Service Provider shall be entitled at its absolute discretion at any time to suspend and/or disconnect your access to the Services without any notice or compensation to you in the following circumstances:-
5.5. XiddiG Fair Usage Policy (“Policy”) sets out an acceptable level of conduct between the Service Provider and the XiddiG Member using the internet services as part of the Services. It is hereby acknowledged and agreed by the XiddiG Member that:-
(i) the internet access service which maybe provided by the Service Provider from time to time is a shared service and the XiddiG Member’s activities and usage will affect other users/members using and sharing the same network.
(ii) certain software/applications which is used by a small number of customers/XIDDIG members to send and/or receive files containing very large amounts of data (including without limitation traffic from peer-to-peer software and/or applications (such as Bit Torrent, eDonkey, Gnutella, Dropbox) or file sharing software (such as Limewire). These activities may cause network congestion and can negatively impact the speed at which other customers can access the Internet;
(iii) the Service Provider does not guarantee a service level and/or connectivity to users of peer-to-peer or file sharing software and/or applications;
(iv) the system that is used to provide the internet service for the Services can identify very high bandwidth users and the Service Provider seeks to manage the customers’ usage by throttling their bandwidth to a much lower internet connection speed to ensure fairness to all customers/XIDDIG members;
(v) the XiddiG Member is reminded that the software (as mentioned in section.(as mentioned in section 5.5 (i) above) allows the download of illegal content which the Service Provider prohibits, which is an infringement of copyright and other Intellectual Property rights and rightful owners of such copyright and/or Intellectual Property rights may take measures to prosecute and/or take legal course of actions against violators/offenders. Each individual download can be traced by the XiddiG Member’s IP address back to the XiddiG Member’s account with the Service Provider;
(vi) each customer’s total usage per month shall NOT exceed the quota permitted by the respective XiddiG Membership Package (total upload and download usage). This is to ensure no individual hogs the bandwidth at all times.
(vii) the Service Provider reserves the absolute right to reject any application or charge for any additional data volume transmitted from what is already allocated or throttle the speed when the XiddiG Member exceed the usage limit allocated.
(viii) the Service Provider shall at its absolute discretion automatically disconnect the XiddiG Member’s internet session after a period of inactivity, which may vary from 20 minutes to 30 minutes. This automatic disconnection is to allow maximum network performance (where applicable); and
(ix) in the event the XiddiG Member fails to comply with any of the provisions in this XiddiG Fair Usage Policy as stated above, the Service Provider shall at its absolute discretion, have the XiddiG Member’s bandwidth managed, suspend or terminate the Services or any part thereof without any notice to the XiddiG Member and without any obligation to the XiddiG Member.
5.6. You hereby acknowledge and agree that the mobile data services as part of the Services will be provided on a “pay as you use” (PAYU) basis and the charges for your data services will be based on your usage. You further acknowledge and agree that it is your responsibility to switch off the “mobile data” or “mobile internet connect” setting in your phone in the event you do not wish to use the data internet. The Service Provider shall bear no responsibility of whatsoever nature in the event charges are levied based on your data internet usage caused by your failure to switch off your phone settings.
6. THE XIDDIG MEMBER’S RESPONSIBILITIES
6.1. In addition to all other covenants, representations, undertakings, or warranties contained in this Agreement and without derogation to the same, the Xiddig Member hereby expressly, unconditionally irrevocably agrees and undertakes with the Community Service Provider and/or represents and warrants to the Community Service Provider that:-
6.1.1. You shall promptly and punctually pay all fee, charges, rates and other charges or payments payable in respect of the use of the Services.
6.1.2. You shall promptly pay and settle all applicable taxes, levies and/or duties that are payable by you in relation to the use of the Services.
6.1.3. You shall abide with all notices or changes made by the Community Service Provider.
6.1.4. You shall report to the Community Service Provider immediately upon the discovery of fraud, unauthorised usage, loss, theft of your SIM Card and any other occurrence of illegal or unlawful deeds in relation to the use of the Services. You must call the Community Service Provider’s customer service number as provided in the Xiddig Website to lodge a complaint and/or to lodge a police report (if required) and a certified true copy of the police report must be given to the Community Service Provider.
6.1.5. You shall ensure that the phone used by you for the SIM Card and the use of the Services is legally owned/possessed/used by you at all times and you shall not or allow any person to modify or manipulate the phone and/or the SIM Card which is against any laws or regulations of Malaysia.
6.1.6. You shall cease from using the Services or any part thereof for such period as may be required and notified by the Community Service Provider.
6.1.7. You shall be responsible for all the security and integrity of information and data transmitted or broadcasted by you or any person using your phone, whether with or without your authorisation.
6.1.8. You shall keep the personal identification number (PIN) of the SIM Card confidential and shall not reveal and/or disclose any PIN or important information to any other person at all times unless legally obligated to do so.
6.1.9. You shall ensure that the Services and the SIM Card are used solely for the reception and transmission of message (including without limitation to picture, data and/or audio files) and other telecommunications by you or other persons using your phone.
6.1.10. You shall not use the Services with any unauthorized device which illegally exploits the unlimited free voice and/or data usage or spamming activities for the purposes of unauthorized reselling.
6.1.11. You shall provide accurate, complete and not misleading information and/or particulars to the Community Service Provider and inform the Community Service Provider immediately of any changes but not limited to, any changes in the address and/or contact particulars.
6.1.12. You shall comply with all applicable laws, rules and regulations, codes, circulars and any requirements or restrictions which the Community Service Provider or other service providers and/or operators may impose on the use of the Services or any telecommunications system, equipment or device.
6.1.13. You shall take all reasonable precautionary steps to prevent fraudulent, improper or illegal use of the Services or any part thereof.
6.1.14. You shall duly performed and fulfilled all obligations, covenants, stipulations under this Agreement;
6.1.15. You shall follow and/or abide all instructions, guidelines protocols, handling procedures and/or rules in this Agreement and/or issued by the Community Service Provider from time to time when using the Services;
6.1.16. You shall not use the Services or any part thereof to cause embarrassment, distress, annoyance, irritation or nuisance to any person.
6.1.17. You shall not use or allow any part of the Services to be used:-
i. For any unlawful purposed or for any purpose which shall be deemed unlawful, defamatory, threatening to the national security and/or public order, and/or which is likely to encourage crime or lead to public disorder, and/or which instigate racism or otherwise prohibited,
ii. To transmit or post any contents (whether via SMS/MMS, text, data, voice, audio, visual, or any form) which may give rise to civil liability or otherwise violate any applicable laws, ordinances, rules or regulations or which may contain offensive element which shall be or deemed to be indecent, obscene, pornographic (which includes nudity and sex, unless approved by the Film Censorship Board), profane, false, vulgar, menacing and/or offensive in character with intent to annoy, abuse, threaten or harass any person and/or in any way tantamount to anything which offends or contempt good taste or decency and/or is offensive to public feeling;
iii. In any manner which may constitute a violation or infringement of the rights of any party, including, but not limited to, their Intellectual Property or confidentiality or privacy rights;
iv. To be resold or otherwise provided to third parties without the Community Service Provider’s prior written consent, whether for a profit or ex gratia or otherwise;
v. In a manner that results in the Community Service Provider being liable for any loss or damages under any applicable laws, rules or regulations;
vi. For the purpose of sending, receiving, publishing, distributing, disseminating, encouraging the receipt of, uploading, downloading or using any material which is offensive, abusive, defamatory, indecent, obscene, unlawful, harassing or menacing or a breach of any Intellectual Property rights or breach of confidentiality or invasion of privacy, or defamatory in nature or invasion of any rights of any person;
vii. For the purpose of sending or uploading unsolicited e-mails, advertising or promotional materials, offering to sell any goods or services, or conducting or forwarding surveys, contests or chain letters;
viii. For knowingly or negligently transmitting or uploading any electronic material (including, without limitation to files that contain virus, corrupted files, or other similar software or programme) which is known or likely to cause or you have reason to believe that will interrupt, damage, destroy or limit the functionality of any computer software, hardware or telecommunications equipment owned by the Community Service Provider;
ix. Which involve activities that are in breach of any other third party’s rights, including downloading, installation or distribution of pirated software or other inappropriately licensed software, deletion of any author attributions, legal notices or propriety designations or labels in any file that is uploaded, falsification of the origin or source of any software or other material;
x. Which allow any activities which may disrupt or interfere with the Community Service Provider and/or its affiliated company’s network or services or cause a host or the network to crash;
xi. For the launching of “denial of service” attacks, “mail-bombing” attacks, “spamming” or “flooding” attacks against a host or network;
xii. For excessive use of, or placing unusual burdens on, the network, by for example sending or receiving large volumes of e-mail or excessively large mail attachments; and
xiii. For creating, transmitting, storing or publishing any virus, Trojan, corrupting programme or corrupted data.
6.1.18. You shall not post or transmit anything including any information of any kind which contains or which you have reasonable belief to contain virus or other harmful components and you shall not delete any author acknowledgments, legal notices or proprietary designations or labels attached to or expressed in any file that is uploaded.
6.1.19. You shall not download any file posted by any other user of the Services if you know or reasonably ought to know that such file cannot legally be distributed in any manner whosoever.
7. CONFIDENTIALITY AND INTELLECTUAL PROPERTY RIGHTS
7.1. For the purpose of this Clause, “Confidential Information” shall means all proprietary non-public and confidential or personal data of the Parties or information which the Parties may have access to or which may have come to the knowledge of the Parties and/or pursuant to this Agreement and/or any information in respect of the security arrangements between the Community Service Provider and the Xiddig Member under this Agreement. The Xiddig Member’s Confidential Information shall not include information which (i) is in the public domain at the time of disclosure or later enters the public domain through no fault of the Community Service Provider, and/or (ii) is received by the Community Service Provider from a third party not associated and/or related to the Xiddig Member; and/or (iii) is presently known to the Community Service Provider; and/or (iv) is required to be disclosed by law, judicial or administrative process or by governmental authority and/or (v) with written consent of the Xiddig Member including the Personal Data which are consented to by the Xiddig Member pursuant to the clauses aforementioned.
7.2. The Xiddig Member hereby irrevocably and unconditionally agree and authorise the Community Service Provider to disclose the Xiddig Member’s Confidential Information to:-
7.2.1 Any persons which are related to and/or associated with and/or affiliated with the Community Service Provider if such disclosure is necessary for the operation of the Services and/or for the purpose of performing the duties or obligations in relation to and/or ancillary to this Agreement; or
7.2.2 The Community Service Provider’s employee(s), staff(s) if such dis
7.2.3 Bank Negara Malaysia (“BNM”) or any bureau set up by or authorized by BNM to receive such information, if such disclosure is required by the BNM; or
7.2.4 To any other appropriate authorities, the Inland Revenue Board to whom the Community Service Provider is compelled to provide and/or disclose such information in accordance to any applicable legislation, rulings, regulations, ordinance, bye-laws and/or other statutory provisions including the Anti-Money Laundering and Anti-Terrorism Financing Act 2001.
7.3 The Xiddig Member covenants with the Community Service Provider that it shall keep all the Community Service Provider’s Confidential Information in confidentiality and shall not divulge or disclose the Community Service Provider’s Confidential Information for its or third party’s undue benefit. This confidentiality obligation shall survive notwithstanding any lawful termination of this Agreement.
7.4 The Xiddig Member hereby irrevocably and unconditionally acknowledges and agrees that:-
7.4.1 You shall not:-
i. Use any information or content or any parts thereof (whether in its original or adapted form) received as part of the Services, for purposes of creation of any commercial products, whether tradable or otherwise including but is not limited to, any derivative products whether for your own purposes or for the purposes of any third part.
ii. Disseminate or provide to any third party:-
a) Bursa Malaysia Securities Berhad (“Bursa Malaysia”) information or any part thereof (whether in its original or adapted form) received as part of the Services;
b) Any other information or content (whether in its original or adapted form) received as part of the Services, of which the Community Service Provider shall inform you from time to time.
7.4.2. The Community Service Provider’s Mark, articles, graphic representation, company name, domain name(s) of the Community Service Provider including but is not limited to the Xiddig Website are proprietary to the Community Service Provider and the Xiddig Member cannot invoke and/or claim any rights in this respect or any other Intellectual Property rights from the Community Service Provider and this Agreement does not give you any interest in the Community Service Provider’s Mark and/or the Xiddig Website except the right to use the same in accordance with the Terms and Conditions of this Agreement.
7.4.3. All Intellectual Property rights in relation and/or attached to the Xiddig Website shall belong to the Community Service Provider. No Intellectual Property rights are assigned to the Xiddig Member based on this Agreement.
7.4.4. You shall grant the Community Service Provider an irrevocable, worldwide royalties free licence to copy and adapt and reproduce in any manner whatsoever any information generated through your use of the Services to the extent necessary for the Community Service Provider to provide or to promote the Services or for the Services.
8. TERMINATION OF AGREEMENT
Events of Default by the Xiddig Member
8.1. Upon the occurrence of any of the following events:-
a) If you defaults in any payment to the Service and/or other monies covenanted to be paid hereunder including but is not limited to any default interest payable thereto after the same shall have become due by the Xiddig Member to the Community Service Provider whether formally demanded or not; or
b) If you commits or threatens to commit a material breach of any term, stipulation, covenant or undertaking contained in this Agreement; or
c) If you shall commit a breach of and/or violate any applicable laws in connection with the terms and conditions under this Agreement; or
If there is any technical problem occurs in the Services or related network; or
d) If there is any technical problem occurs in the Services or related network; or
e) If there is any problem occur with the fixed cellular network or the network provider supporting the fixed cellular network in which the Services are based were interrupted or terminated or suspended for any reason whatsoever or the license to operate the Community Service Provider’s system is terminated; or
f) While the Services are being upgraded, modified or maintained; or
g) When it is for the purpose of testing or correcting any malfunctioning of the phone or the Community Service Provider’s system; or
h) If you do anything which may in the Community Service Provider’s sole opinion, lead to including but not limited to, the damage or injury to the Services or the Community Service Provider’s related network or operation or its reputation and business goodwill; or
i) If the Community Service Provider is required to do so by law, statute, enactment, ordinance, code or by any other relevant authorities; or
j) If it is in the Community Service Provider’s sole opinion that the Services or the Community Service Provider’s host network is or may be used fraudulently, illegally or for unlawful purposes; or
k) Any other reason that may be determined by the Community Service Provider and published on Xiddig Websire from time to time,
The Community Service Provider shall, notwithstanding any contrary provisions herein contained and in addition to but without prejudice to any other termination rights as may be conferred and contained in this Agreement, be entitled at any time thereafter, without further notice to you and without any obligation to provide you with any explanation whatsoever and without prejudice to all other rights, powers and remedies conferred on the Community Service Provider by virtue of this Agreement or by operation of by law or equity, to terminate this Agreement forthwith and thereafter this Agreement shall terminate and cease to have any effect upon the other parties’ receipt of such notice and neither Party hereto shall have any claims against the other save and except for any antecedent breach of this Agreement.
8.2. You may terminate the Agreement by giving the Community Service Provider written notice of termination. The Services shall be terminated within three (3) Business Days from the date of receipt of the written termination notice by the Community Service Provider from you.
8.3. Upon termination of this Agreement, the Xiddig Member shall immediately or within such extension of time as may be granted by the Community Service Provider in writing and at its absolute discretion (if any):-
8.3.1. Settle all outstanding charges and other sums due and owing to the Community Service Provider pursuant to this Agreement (if any) including charges for the usage of the Services and any other outstanding and/or commitment amounts, including all those under a fixed contract period; and
8.3.2. Return the SIM Card to the Community Service Provider.
8.4. The Community Service Provider may at its absolute discretion terminate all other benefits, entitlements, and promotions upon termination of this Agreement without being liable to the Xiddig Member in whatsoever nature.
8.5. In the event of any suspension of the Services, the Community Service Provider may at its absolute discretion reconnect the Services, subject to you paying a reconnection fee and all outstanding amount due including any late payment interest therein to the Community Service Provider.
9.1. All notices, requests and/or other communications to be given by the Community Service Provider to you under these Terms and Conditions will be published in the Xiddig Website and/or published in national newspapers in the main languages, published daily and circulating generally throughout Malaysia.
9.2. All notices, requests and/or other communications to be given by you to the Community Service Provider under these Terms and Conditions must be in writing and sent to the address as set out above.
9.3. All notices, requests and/or other communications given by the Community Service Provider to you pursuant to this clause shall be deemed to have been served if published on the Xiddig Website; or published in national newspaper in the main languages, published daily and circulating generally throughout Malaysia.
9.4. All notices, requests and/or other communications given by you to the Community Service Provider pursuant to this clause shall be deemed to have been served if:-
9.4.1. If delivered by hand, at the time of delivery;
9.4.2. If sent by prepaid registered post, on expiry of five (5) days after posting; and
9.4.3. If sent by facsimile transmission, at the time of transmission provided that a written confirmation copy is sent by post to the addressee within two (2) Business Days after the transmission.
9.5. In proving the giving of a notice or communication, it shall be sufficient to show:-
9.5.1. In the case of prepaid registered post, that the notice or communication was contained in an envelope which was addressed and lodged with the postal authorities for delivery; or
9.5.2. In the case of facsimile, that the notice or communication was duly transmitted from the sender’s facsimile machine, as evidenced by a transmission report generated by such machine upon completion of the transmission confirming that the transmission was successful, the appropriate number of pages were sent and the addressee’s facsimile number to which it was sent is correct.
10.1. Time of Essence
Time wherever mentioned in this Agreement shall be of the essence.
The Xiddig Member hereby unconditionally and irrevocably agrees and authorise the Community Service Provider at anytime and from time to time and with or without notice to the Xiddig Member, to revise, amend, delete, vary, modify and/or supplement all or any of the Terms and Conditions herein contained.
The prevailing Terms and Conditions are as updated on the Xiddig Website and the updated Terms and Conditions shall apply and supersede any and all previous versions, including in any user guide or the terms and conditions as stated in the Xiddig Membership Pack.
You are responsible to regularly review information relating to the Services posted on the Xiddig Website which may include changes to the Terms and Conditions. Your continued use of the Services after the effective date of any change to the Terms and Conditions shall constitute unconditional acceptance of such variations, additions, deletions, amendments, modifications by you and you shall be unconditionally bound by the same. If you do not accept such changes, you shall be entitles to terminate the use of the Services.
The Xiddig Member may not assign or transfer or novate any of their respective rights or obligations under this Agreement without the prior written approval of the Community Service Provider. Any purported assignment or transfer made without such prior written approval of the Community Service Provider shall not be binding on or effective against the Community Service Provider.
The Community Service Provider shall reserve all absolute rights to assign or novate all or part of these Terms and Conditions to any third party by notice to you without your prior consent.
10.4. Successors in title and Assigns bound
This Agreement shall be binding upon the successors-in-title, heirs, personal representative, estate and permitted assigns of the Contracting Parties hereto.
10.5. Invalidity and Severability
10.5.1. If any provision of this Agreement is or may become under any written law, or is found by any court or administrative body or competent jurisdiction to be illegal, void, invalid, prohibited or unenforceable then:-
i. Such provision shall be ineffective to the extent of such illegality, voidness, invalidity, prohibition or unenforceability;
ii. The remaining provisions of this Agreement shall remain in full force and effect; and
iii. The Parties shall use their respective best endeavours to negotiate and agree on a substitute provision which is valid and enforceable and achieve to the greatest extent possible the economic, legal and commercial objectives such illegal, void, invalid, prohibited or unenforceable term, condition, stipulation, provision, covenant or undertaking.
10.5.2. These Terms and Conditions shall have effect only to the extent not forbidden by law. For he avoidance of doubt, it is hereby agreed and declared in particular, but without limitation, that nothing herein contained shall be construed as an attempt to contract out of any provisions of the Consumer Protection Act 1999, if and where the said Act is applicable.
10.6. Law & Jurisdiction
This Agreement shall be governed by, and construed in accordance with, the laws of Malaysia and the Parties:-
10.6.1. Irrevocably submit to the non-exclusive jurisdictions of the Courts of Malaysia;
10.6.2. Waive any objection on the grounds of venue or forum of convenience or any similar grounds;
10.6.3. Consent to service a legal process in respect of any matter arising out of this Agreement by forwarding a copy of such legal process by prepaid registered post to their last known address or in any other manner permitted by the relevant law; and
10.6.4. Where any claims, proceedings, actions, suits or disputes arising or in connection with these Terms and Conditions is to be commenced or adjudicated in the High Court Of Malaya, the Parties agree that it shall be adjudicated in the High Court in Kuala Lumpur.
10.7. Knowledge or Acquiescence
Knowledge or acquiescence of the Community Service Provider shall not operate as or deemed to be a waiver of such terms, conditions, covenants, warranties, undertakings or any of them.
No delay or indulgence by the Community Service Provider in enforcing any term or condition of these Terms and Conditions or any of them nor the granting of time by the Community Service Provider to you shall in any way prejudice the Community Service Provider’s rights or powers nor shall any waiver by the Community Service Provider of any breach constitute a continuing waiver in respect of any subsequent or continuing breach.
10.8. Rule of Constructions
In the event of conflict or inconsistency between the user guide comprised in the Xiddig Membership Pack and these Terms and Conditions, such inconsistency shall be resolved by giving precedence in the following order: these Terms and Conditions and the user guide in the Xiddig Membership Pack.
The Xiddig Member acknowledges that it has read the Agreement and understands and agrees to be bound by its terms and conditions subject to any amendments made from time to time.