| Welcome to the TMpointvirtual
website ("Website"), a site owned by Telekom Malaysia
Berhad (TM).
The following terms and conditions ("Terms and Conditions")
apply to your access and use of this Website and the services
provided herein by TM and/or on its behalf. By accessing any page
of this Website and/or using the services, you agree to be bound
by these Terms and Conditions without limitation or qualification.
Please read these Terms and Conditions carefully.
If you do not accept these Terms and Conditions, please discontinue
your access to this Website and/or use of the services immediately.
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1.0 GENERAL |
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All products and services of the TMpointvirtual
are subject to the applicable terms and conditions governing
the products and/or services. Please check the applicable
terms and conditions of sale associated with the products
and/or services you may purchase.
These Terms and Conditions are meant to regulate your access
to this Website and they are to be read together with the
applicable terms and conditions governing any transaction(s),
product(s) and/or service(s) provided on this Website. In
the event of conflict between these Terms and Conditions
and the terms and conditions governing the relevant transaction(s),
product(s) and/or service(s) provided herein, the latter
would prevail.
The information, material, functions and content provided
in the pages of the Website may be changed from time to
time with or without notice at TM's absolute discretion.
Your continued access or use of the Website and/or the services
provided herein subsequent to any such change will be deemed
as your acceptance to those changes.
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2.0 DISCLAIMER OF WARRANTIES AND LIMITATION
OF LIABILITY |
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The materials and information in this Website,
including but not limited to services, products, information,
data, text, graphics, audio, video, links or other items,
are provided on an "as is" and "as available"
basis. References to materials and information contained
in the Website include such material and information provided
by third parties.
TM does not make any express or implied warranties, representations
or endorsements including but not limited to any warranties
of title, non-infringement, merchantability, usefulness,
operation, completeness, accuracy, satisfactory quality,
reliability, fitness for a particular purpose in respect
of the Website, the material, information and/or functions
therein and expressly disclaims liability for errors and
omissions in such materials, information and/or functions.
Without derogation of the above and/or the terms and conditions
of the applicable agreements governing all the products
and services of TMpointvirtual reasonable measures will be taken
by TM to ensure the accuracy and validity of all information
relating to transactions and products and services of TMpointvirtual
Further TM does not warrant or represent that access to
the whole or part(s) of this Website, the materials, information
and/or functions contained therein will be provided uninterrupted
or free from errors or that any identified defect will be
corrected, or that there will be no delays, failures, errors
or loss of transmitted information, that no viruses or other
contaminating or destructive properties will be transmitted
or that no damage will occur to your computer system.
TM will not be liable for any damages of any kind arising
from the use of this Website, including, but not limited
to direct, indirect, incidental, punitive, and consequential
damages.
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3.0 ELECTRONIC COMMUNICATIONS |
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When you visit the Website or send e-mails
to TM, you are communicating with us electronically. You
consent to receive communications from us electronically.
We will communicate with you by e-mail and/or by posting
notices on this Website. You agree that all agreements,
notices, disclosures and other communications that we provide
to you electronically satisfy any legal requirement that
such communications be in writing.
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4.0 COPYRIGHT |
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All content included on this Website, such
as text, graphics, logos, button icons, images, audio clips,
digital downloads, data compilations, and software, are
owned and/or licensed by TM and/or its content supplier
and are protected by copyright, trademarks and other laws.
The compilation of all content on this Website is the exclusive
property of TM and is protected by copyright laws. All software
used on this Website is the property and/or licensed to
TM and is protected by copyright and other laws. |
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5.0 TRADEMARKS |
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All trademarks, service marks, and logos
displayed on this Website are owned and/or licensed by TM
and/or their respective third party proprietors as identified
on the Website.
Unless the prior written consent of the TM and/or the relevant
third party proprietor(s) of any of the trademarks, service
marks or logos appearing on the Website has been obtained,
no license or right is granted to any party accessing this
Website to use, download, reproduce, copy or modify such
trademarks, service marks or logos. Similarly, unless the
prior written consent of the TM and/or the relevant proprietor(s)
has been obtained, no such trademarks, service marks or
logos may be used as a link or to mark any link to the Website
or any other site owned and/or controlled by TM.
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6.0 LICENSE AND WEBSITE ACCESS |
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TM grants you a limited license to access
and make personal use of this Website and not to download
(other than page caching) or modify it, or any portion of
it, except with express written consent of TM. This license
does not include any resale or commercial use of this Website
or its contents; any collection and use of any product listings,
descriptions, or prices; any derivative use of this Website
or its contents; any downloading or copying of account information
for the benefit of another merchant; or any use of data
mining, robots, or similar data gathering and extraction
tools. This Website or any portion of this Website may not
be reproduced, duplicated, copied, sold, resold, visited,
or otherwise exploited for any commercial purpose without
express written consent of TM. You may not frame or utilize
framing techniques to enclose any trademark, logo, or other
proprietary information (including images, text, page layout,
or form) of TM and/or its relevant third party proprietor
without express written consent. You may not use any metatags
or any other "hidden text" utilizing TM's name
or trademarks without the express written consent of TM.
Any unauthorized use terminates the permission or license
granted by TM
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7.0 EXCLUSION OF LIABILITY |
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TM herein shall in no event be liable for
any loss or damage howsoever arising whether in contract,
tort, negligence, strict liability or any other basis, including
without limitation, direct or indirect, special, incidental,
consequential or punitive damages, or loss profits or savings
arising in connection with your access or use or the inability
to access or use this Website (or any third party link to
or from the Website), reliance on the information contained
on the Website, any technical, hardware or software failure
of any kind, the interruption, error, omission, delay in
operation, computer viruses, or otherwise.
This exclusion clause shall take effect to the fullest
extent permitted by law.
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8.0 INDEMNITY |
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You hereby irrevocably agree to indemnify
and keep indemnified TM from all liabilities, claims, losses
and expenses, including any legal fees that may be incurred
by TM in connection with or arising from (1) your use or
misuse of this Website and the services provided herein,
or (2) your breach of these Terms and Conditions howsoever
occasioned, or (3) any intellectual property right or proprietary
right infringement claim made by a third party against TM
in connection with your use of this Website.
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9.0 WEBSITE LINKS |
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This Website may contain links to website(s)
controlled or offered by third parties (non-affiliates of
TM). TM hereby disclaims liability for any information,
materials, products or services posted or offered at any
of the third party websites linked to this Website. By creating
a link to a third party website, TM does not endorse or
recommend any products or services offered or information
contained at that website, nor is TM liable for failure
of products or services offered, or advertised at those
websites. Such third parties may have a privacy policy different
from that of TM, and the third party website may provide
less security than the Website. |
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10.0 YOUR ACCOUNT
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If you use this Website, you are responsible
for maintaining the confidentiality of your account and
password and for restricting access to your computer, and
you agree to accept responsibility for all activities that
occur under your account or password. TM reserves the right
to refuse service, terminate accounts, remove or edit content,
or cancel orders in its sole discretion.
You are solely responsible for maintaining the confidentiality
of your login name and password to any other person. You
are responsible for the use of your account, whether or
not authorized by you.
You shall immediately notify TM if it comes to your knowledge
that your password has been compromised or there has been
unauthorized use of your account.
TM shall not be liable for any damage or loss of any kind
suffered by you as a result of unauthorized use of your
login name and password.
You shall provide and maintain true, accurate, current
and complete information about yourself when registering
for your account.
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11.0 DELIVERY, TITLE AND RISK OF LOSS
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All items purchased from TMpointvirtual are made
pursuant to a delivery arrangement stated in the term and
condition applicable to the product(s) and services(s).
The risk of loss and title for such product(s) pass to you
upon the delivery of the product(s) to you by TM and/or
any other third party designated by TM.
In the event of any unsuccessful delivery of the product
and/or services by TM or any other third party designated
by TM to you, due to your absence in receiving the products
and/or services at the designated address agreed by you,
you shall solely bear the total cost of further deliveries
of the products and/or services to you. You are hereby notified
that TM shall give no refund to you for the products and/or
services under the aforementioned circumstances.
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12.0 PRODUCT AND SERVICE DESCRIPTIONS
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TM attempts to provide the product and service
descriptions as accurately as possible to you. However,
TM does not warrant that product and service descriptions
or other content of this Website is accurate, complete,
reliable, current, or error-free.
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13.0 RETURN AND REFUND POLICY |
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If you receive a damaged or defective product, please e-mail TM your order number and complaint describing the product condition within 14 working days of delivery at support@tmpointvirtual.com.my or call TM's customer, to obtain an authorisation for returns. Returns may be refused or disregarded by TM.
If TM authorises a return of the product, TM will e-mail you and instructions for sending the returned product to the respective authorized merchant that have the right to receive the damaged or defective product on behalf of TM. Damaged/defective product must be returned securely packaged and wrapped. TM will not be responsible for the delivery cost of your returned product.
After receiving the product, the authorized merchant will examine and test the defective product in accordance to your complaint. If the defect you described is found valid, the authorize merchant will deliver you a replacement. However, if TM is not able to provide a replacement of the returned product for any reason, TM will refund you by crediting your respective account as applicable.
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14.0 COLLECTION AND USE OF PERSONAL
INFORMATION |
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In addition to disclosure of identification
and contact particulars as contemplated herein, TM will
collect, store, compile and utilize information about you
and your use of the Website including without limitation,
information regarding the sites you visit, that you provide
to TM's questionnaires, surveys and registration forms.
TM may provide certain information and data about you (including
information about your computer system and platform) to
third parties including advertisers, clients, marketing
organizations and others that TM may select. However TM
will not disclose your name, address, telephone number,
credit card number(s), e-mail addresses or other personal
identifying information, unless you give TM consent to do
so or as may be required by law or pursuant to any request
or directives by regulatory authorities or governmental
bodies or agencies.
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15.0 CURRENCY |
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All transactions on the Website are to be
conducted and payable in Ringgit Malaysia (RM), unless otherwise
indicated. |
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16.0 ITEMS PUT UP FOR SALE |
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All products and services up for sale is
merely an invitation to treat and is not an offer capable
of acceptance. All offers by you to purchase any products
and/or services on this Website are subject to acceptance
by TM. |
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17.0 LAW AND JURISDICTION |
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These terms and conditions are governed
by and are to be construed in accordance with the laws of
Malaysia. By accessing this Website and/or using the services
provided herein by TM, you hereby consent to the exclusive
jurisdiction of the courts of Malaysia in all disputes arising
out of or relating to the use of this Website.
TM makes no representation that the materials, information,
functions and/or services provided on this Website are appropriate
or available for use in jurisdictions other than in Malaysia.
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18.0 TERMINATION |
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TM reserves the right to terminate and/or
suspend your access to this Website and/or your use of this
Website at any time, for any reason. In particular, and
without limitation, the TM may terminate and/or suspend
your access should you violate any of these Terms and Conditions,
or violate the rights of TM, of any other user(s), or of
any third party (ies).
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19.0 WAIVER |
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The failure of TM to exercise or enforce
any right or provision of these Terms and Conditions shall
not constitute a waiver of such right or provision.
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20.0 MODIFICATION, AND SEVERABILITY
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TM reserves the right to make changes to
the Website, policies, and these Terms and Conditions at
any time. If any of these conditions shall be deemed invalid,
void, or for any reason unenforceable, that condition shall
be deemed severed and shall not affect the validity and
enforceability of any remaining condition.
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21.0 PRIVACY |
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Please review our Privacy Policy, which
also governs your visit to TMpointvirtual, to understand our privacy
practices.
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22.0 CONTACT DETAILS |
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For contactdetails, please click
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