Mobile Number Portability Terms & Conditions

  1. DEFINITIONS
    1. In this Agreement where the context so admits the following expression shall have the meanings designated unless otherwise distinguished:
      1. “this Agreement” means the agreement for Service made between XOX and the Customer in accordance with these terms and conditions, the Registration Form, the terms of services, policies and procedures of the individual rate plans and all other documents which are expressly agreed to, form part of the Agreement and such other terms and conditions supplemented or amended from time to time.
      2. “Customer” means the individual whose application for Service complete with a SIM Card or any part thereof has been accepted and approved by XOX. An individual applicant must be at least 18 years of age
      3. “XOX” means XOX Mobile Sdn Bhd, a company incorporated in Malaysia and includes its successors-in-title and assigns.
      4. “Mobile Equipment” means equipment with a transmitter and receiver which does not contain any Personal Information.
      5. “Mobile Phone” is composed of the Mobile Equipment and SIM Card which facilitates the use of the Services.
      6. “Personal Information” means information collected by XOX from a Customer including all information and details in relation to the Services provided by XOX to the Customer.
      7. “Registration Form” means Customer’s duly completed application form for registration to subscribe for the Services, which has been accepted and approved by XOX, the form and content of which are set out overleaf.
      8. “Service(s)” means the mobile telecommunication services to be provided by XOX to a Customer pursuant to the Agreement and any value added, supplemental or additional Services as may be stated in the Registration Form or Addendum(s).
      9. “SIM Card” means either a card or plug-in module with a microchip which contains all necessary Customer information.
      10. “MNP” means mobile number portability where another mobile number has been ported into XOX Service.
      11. “Validity Period” means the maximum number of months as allowed by XOX from the date of successful MNP.
      12. “Minimum Usage” means at least RM5 per month of usage of credit for airtime and SMS to quality for the Validity Period.
      13. “XOX Prepaid” means a prepaid subscription offered by XOX on XOX mobile number.
  2. DURATION OF AGREEMENT
    1. This Agreement between the Customer and XOX shall be in force from the date the Customer’s Registration Form for Services is approved by XOX. Approval of the Customer’s application for Services shall be at XOX’s absolute discretion and shall be in force unless terminated in accordance with this Agreement.
  3. CUSTOMER’S COVENANTS Customer hereby unconditionally agrees to the following:
    1. Customer unconditionally agrees to commit and spend a Minimum Usage as from the date of successful MNP in order to enjoy the Validity Period.
    2. In the event that Customer does not spend a Minimum Usage as from the date of successful MNP, XOX reserves the right to reduce, suspend and/or terminate the Validity Period and/or convert to XOX normal Prepaid validity period.
    3. Ensure that the Service is used solely for the reception and transmission of message.
    4. Comply with all notices relating to the use of the Service as XOX may see fit to issue from time to time or if XOX has reason or cause to suspect that you are not complying with your responsibilities and obligations under this Agreement.
    5. Be fully responsible for any voice or data transmitted or broadcasted by or persons using customer’s Mobile Phone (whether authorised by XOX or otherwise).
    6. Report immediately to XOX upon the discovery of any fraud, theft, loss, unauthorised usage or any other occurrence of unlawful acts in relation to the Service.
    7. Agree to keep XOX indemnified from any loss, damage, liability or expenses arising from any claims for libel, invasion of privacy, infringement of copyright, patent, breach of confidence or privilege or breach of any law or regulation whatsoever arising from the material transmitted, received or stored via the Services.
  4. PORT TO NEW MOBILE OPERATOR
    1. Once we received port out request from subscribers’ new mobile operator, XOX will proceed to blast SMS to subscribers and ask for confirmation on the above request.
    2. Subscribers will have to reply (with correct command) within 8 hours, as stated in the SMS content that he or she received.
    3. If subscribers do not reply within the given time frame, or reply only after the given time frame, the port out request will be rejected automatically. Subscribers will have to resubmit their port in request to the new mobile operator.
    4. Subscribers are only allowed to port to a new mobile operator after 30days of being an active subscriber. Subscribers who try to port out before the 30 days duration will be rejected.
  5. APPLICATION PROCEDURE
    1. Upon submission and approval of the Registration Form, the Customer may have to pay to XOX such payments as may be required by XOX for the registration of the Services or part thereof.
  6. FEES AND CHARGES The Customer agrees to pay the following fees and charges:
    1. All charges, including any service tax or other impost which may be imposed by any relevant Authority from time to time relating to the Service provided to the Customer, unless otherwise waived by XOX.
    2. A handling charge for the issue of a Replacement SIM Card;
    3. Such other fees and charges which XOX may at its absolute discretion impose from time to time.
  7. XOX NOT LIABLE
    1. XOX shall not be responsible for the refusal of any merchants or content providers to accept the Service or for any defect or deficiency in the goods or services supplied to the Customer by any merchant. Any complaint by the Customer must be resolved directly with the merchant or content providers concerned and no claim against the merchant or content providers may be set-off or counter-claimed against XOX. Furthermore, the Customer agrees to be liable for the amounts incurred and will not withhold payment to XOX on account of any such complaint or under any circumstances whatsoever.
  8. AMENDMENTS
    1. XOX reserves the right to add delete alter or amend any of these terms and conditions at any time with or without notice and they shall become effective on the date of publishing by XOX. At the discretion of XOX, notice of such additions or modifications or amendments will be displayed at XOX’s web portal (www.xox.com.my) or its Branch offices or by sending an SMS notice to the Customer. Such changes will apply on the effective date specified by XOX. Retention or use of the Service after the effective date of any change of terms and conditions shall be deemed to constitute acceptance of such changes without reservation by the Customer.
    2. This Agreement is a brief summary of the terms and conditions between the parties hereto with respect to the matters provided for herein, and supersede any previous agreements and understandings between the parties hereto with respect to any such matters. The full details of the terms & conditions are published at XOX’s web portal (www.xox.com.my) in which the Customer agrees to view from time to time.
  9. DISCLOSURES
    1. The Customer hereby expressly give its consent to and authorises XOX as and when XOX may as its sole and absolute discretion deem fit and necessary to do the following things hereinafter set forth without reference to the Customer:
      1. To give, produce, divulge, reveal publish or otherwise disclose, or make a record of the Customer’s personal particulars submitted to XOX;
      2. To lodge reports (including Police Reports) and/or circulars and/or insert advertisement or publish or display notice (including any advertisement in any media) incorporating any or all of the Customer’s personal particulars, particulars of his accounts relating to the Service which XOX may deem necessary.
    2. The Customer hereby acknowledges that failure to provide complete and correct information to XOX as required in the Agreement including the Registration Form or any amendments, modifications, unable to correspond with Customer may result in the application for Service being rejected or terminated.
  10. FURTHER DOCUMENTS
    1. The Customer undertakes to sign such further documents as may be requested by XOX from time to time and the Customer hereby expressly covenants and agrees that at the election of XOX such further documents may be deemed to take effect retrospectively.
  11. NOTICES
    1. All official notices, terms and conditions, changes in terms & conditions, requests be given by XOX to a Customer under the Agreement will be published on XOX’s Web Portal (www.xox.com.my).
    2. All notices, requests, notice of demands, writ of summons, all other legal process and/or other communications/documents to be given by the Customer to XOX under the Agreement must be in writing and sent to the address at “Lot 8.1, 8th Floor, Menara Lien Hoe, No.8, Persiaran Tropicana, Tropicana Golf & Country Resort,  47410 Petaling Jaya, Selangor Darul Ehsan”.
  12. CONCLUSIVE EVIDENCE CERTIFICATE
    1. A certificate issued by an officer of XOX as to the amount for the time being due and owing to XOX from or by the Customer shall be conclusive evidence against the Customer in any legal proceedings. Any judgment recovered by XOX against the Customer in respect of such indebtedness shall be binding and conclusive in all courts of law in Malaysia and elsewhere.
  13. WAIVER
    1. Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
  14. SUSPENSION AND TERMINATION
    1. The Customer may at any time terminate the Service by giving XOX notice in writing, subject to Clause 3.3 above. The Service shall be deemed terminated within four (4) Working Days from receipt of the termination notice by XOX.
    2. In addition and without prejudice to any rights and remedies of XOX of the generality of any other provisions of the Agreement, XOX shall be entitled at its sole and absolute discretion to declare that:
      1. The Service shall be suspended, whereupon the same shall be suspended; and/or
      2. The Service or any part thereof shall be terminated, whereupon the same shall be terminated.
    3. Upon suspension, XOX may at its absolute discretion reconnect the Services, subject to the Customer paying a reconnection fee, all outstanding amounts due to XOX for the reconnection of the Service.
  15. ASSIGNMENT
    1. The Customer shall not assign or novate any or part of their rights or obligations under the Agreement to any party, without the prior written consent of XOX.
    2. XOX may assign or novate all or part of the Agreement to any third party by notice to the Customer without the Customer’s prior consent and the Customer agrees to make all subsequent payments as instructed in such or further notice.
  16. PERSONAL INFORMATION
    1. You agree that by using the services, you are giving consent to XOX that the information collected by XOX from XOX (hereinafter “Personal Information”) will be used and/or disclosed in accordance to our Privacy Notice as posted on our website at www.xox.com.my and Personal Data Protection Act 2010.
  17. INDULGENCE
    1. No delay or indulgence by XOX in enforcing any term or condition of the Agreement nor the granting of time by XOX to a Customer shall prejudice the rights or powers of XOX nor shall any waiver by XOX of any breach constitute a continuing waiver in respect of any subsequent or continuing breach.
  18. CUSTOMER’S OBLIGATIONS IN RELATION TO CONTENT
    1. The Customer shall not disseminate or provide to any third party any other information or content (whether in its original or adapted form) received as part of other Services as XOX shall inform the Customer from time to time
    2. Services for purposes of creation of any commercial products, whether tradable or otherwise including but not limited to, any derivative products whether for the Customer’s own purposes or for the purposes of any third party.
  19. SEVERALITY
    1. In the event that any term or conditions detailed herein is found unenforceable or invalid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall remain enforceable and applicable.
  20. MISCELLANEOUS
    1. The obligations and liabilities of the Customer shall continue to be valid and binding for all purposes whatsoever notwithstanding any change by amalgamation, reconstruction or otherwise which may be made in constitution of XOX.
    2. In the event of a conflict or inconsistency between the Registration Form, these terms and conditions, including all the detail terms and conditions as published in XOX’s Web Portal (www.xox.com.my), the detail terms and conditions as published in XOX’s Web Portal (www.xox.com.my) shall prevail.
    3. This Agreement constitutes the entire agreement between the parties concerning the subject matter herein and supersedes all previous agreements, understanding, proposals, representations and warranties relating to that subject matter.
    4. Time wherever referred to in this Agreement shall be of the essence.
    5. This Agreement shall be binding on and shall inure for the benefit of each party’s permitted assigns, successors in title, personal representatives, executors and administrators.
    6. The Customer shall immediately inform XOX in writing of any change of address.
    7. In the event of any conflict in the interpretation of this Agreement and any translation of it in any language, the English version of this Agreement shall prevail.
  21. LAW APPLICABLE AND JURISDICTION
    1. The Agreement shall be governed by and construed in accordance with the laws of Malaysia.
    2. Where any claims, proceedings, actions, suits or disputes arising or in connection with this Agreement 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, Petaling Jaya, Shah Alam or Putrajaya, Malaysia, as the case may be.
  22. EXCLUSION OF LIABILITY
    1. XOX shall not be liable for:
      1. Any claim for libel, slander, infringement of any intellectual property rights arising from the transmission and receipt of material in connection with the services;
      2. Any loss or damage caused to the Customer as a result of the suspension/ termination of the Service and the interruptions /loss of the Service or any part thereof from any cause;
      3. Any loss, distortion or corruption of data arising from the use of the Service to transmit data or for data communication purposes at any stage of the transmission including any unlawful or unauthorised access to your transmission or data interruption or unavailability of the Service as a result of including but not limited to adverse weather conditions.
    2. Without prejudice to the foregoing, in the event a court holds or finds XOX liable to the Customer for any breach or default by XOX, the Customer agrees that the amount of damages payable by XOX to the Customer shall not at any time exceed the sum of RM500.00 notwithstanding any order, decree or judgment to the contrary.
  23. USAGE OF SIM CARD
    1. The SIM Card shall remain the property of XOX at all times. XOX grants the Customer the right to use the SIM Card for the purpose of the Service. The SIM Card must be returned to XOX on demand.
    2. The Services and/or features to be provided under the SIM Card will depend on the type of Mobile Equipment used.
    3. A Customer shall use all precautions to prevent the loss, theft, cloning and/or unauthorised use of the SIM Card. In the event of loss, theft, cloning and/or unauthorised use of the SIM Card, the Customer shall immediately notify XOX. Replacement of a SIM Card is subject to such payments as may be prescribed by XOX
    4. XOX shall only replace a defective SIM Card at no cost if the defect is proven to XOX’s satisfaction to be caused by the manufacturer within 12 months from the date of issuance of the SIM Card.
  24. GENERAL
    1. Some of the above clauses are highlighted to aid the reader’s understanding of the terms and condition as recommended in the National Policy Objective as provided in Communications and Multimedia Act 1998.
    2. As such the highlight is only an aid to the reader and shall not affect in any way the meaning and interpretation of this terms and conditions and significance of other clauses of this terms and conditions.