XOX Hybrid Terms & Conditions

  1. DEFINITIONS
    Addendum(s) means any addendum(s) or supplement(s) executed by Customer and accepted by XOX for value added, supplemental or additional Services.
    Agreement means the agreement for Services made between XOX and a Customer in accordance with these terms, the Registration Form, the Addendums, 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.
    Account means an account opened for the Customer with XOX (and/or its subsidiaries) for subscribing to the Service.
    Credit Limit means the unpaid limit of Monthly Charges imposed by XOX at its sole and absolute discretion from time to time.
    Card means the credit or charge card (as applicable) nominated by the Customer as payment for the Services and accepted by XOX.
    Cardholder means the lawful and authorized user of the Card whose name is embossed thereon and whose signature appears on the Card.
    Customer/Customer means a person that has an account with XOX mobile network
    Deposit means the refundable account deposit payable by the Customer as security for the payment of Monthly Charges and/or any part thereof.
    Direct Debit means the direct debit bill payment service offered by XOX whereby a Customer’s periodic official bill statement may be automatically billed into the Customer’s Card account for settlement.
    Hybrid means a mobile subscription plan offered by XOX to Customer, which has the features of both Prepaid and Postpaid and may include top-up of Prepaid or payment of Postpaid using recharge vouchers, may have a credit limit and credit period, may have a deposit, may have variable call rates and may have a minimum monthly usage commitment.
    LPI means Late Payment Interest at 1.5% per month, which is calculated on a daily rest basis on all amount due commencing from the date after the due date (i.e. 14 days from date of bill statement) up to and including the date of payment or RM50.00 per month, whichever is the higher.
    Port or Porting means the transfer of Customer’s Mobile Number from one mobile service provider (“MSP”) to another.
    Registration Form means Customer’s duly completed application form for registration to subscribe to the Services, which has been accepted and approved by XOX, the form and content of which are set out overleaf.
    SIM Card for GSM and/or
    3G services
    means either a card or plug-in module with a microchip which contains all necessary customer information. The SIM Card has to be inserted into a mobile phone in order for a call to be made.
    Working Days means except for the states of Kedah, Kelantan and Terrengganu, Monday to Friday and Saturdays (half day) excluding public holidays and Sundays. In relation to the states of Kedah, Kelantan and Terengganu, working days are Saturdays to Wednesdays and Thurdays (halft day) excluding public holiday and Fridays.
    XOX means XOX Mobile Sdn.Bhd (company # 813250-K), a company incorporated in Malaysia under the Companies Act, 1965.
  2. LENGTH OF AGREEMENT
    1. This Agreement between the Customer and XOX shall take effect from the date of commencement of the Service where the availability of the Service is shown to the Customer. The Service shall be at XOX’s absolute discretion and shall be in force unless terminated in accordance with the Agreement.
  3. SUPPLEMENTARY LINE
    1. At the sole discretion of XOX, Principal User may apply for not more than five (5) SIM Cards as Supplementary Users (unless authorized by XOX in writing) and the same shall subject to subsequent provisions state herein.
    2. The Principal User has the right to terminate the services of any or all the Supplementary Users by giving notice to XOX, but he shall remain solely and wholly liable for all amount due by all his Supplementary Users up to the effective date of termination. Principal User shall also be solely and fully liable for all charges incurred upon the activation of the said SIM card(s).
    3. Principal and Supplementary Users can share the credit limit as given to Supplementary line (s) in the same account.
    4. Principal and Supplementary Users can opt to receive their printed bill statements separately upon request. Principal User will be able to view the bill for his own account and all the Supplementary lines via e-billing.
    5. Principal User hereby agrees to be liable for all amounts due by all of the Supplementary Users to XOX if any of the Supplementary Users failed to settle the amount due.
    6. XOX reserves the rights to bar, block or terminate all lines in the account without prior notice and for any reasons whatsoever including but not limited to, if any of the Supplementary Users default in payment of the amount due.
  4. MOBILE NUMBER PORTABILITY(“MNP”)
    1. MNP is a service provided by all Mobile Service Provider (“MSP”) to allow the Customer to port from one MSP to another MSP using the same existing number.
    2. The Customer acknowledges and accepts that:
      1. Mobile Numbers as requested for porting by the Customer must be in the range of Mobile Numbers as approved by MCMC from time to time.
      2. A Prepaid and/or Postpaid Customer who wishes to port-in to XOX need to submit a port-in request (MNP form) to XOX and is subject to XOX’s existing terms for new registration and existing geographic numbering requirements.
      3. Only active Mobile Numbers are eligible for porting. Mobile Numbers which have been suspended, terminated, blacklisted on the defaulters database and/ or barred shall not be eligible for the porting.
    3. Customer must provide all information and valid identification to XOX, including but not limited to MyKad, Armed Forces Identification Card and/ or Passport upon request.
    4. All Customer Services associated with the Mobile Number provided by the previous MSP, including but not limited to, VAS, rate plans, charges and fees will be terminated when the SIM card of the previous MSP is deactivated upon successfully porting and activation of XOX’s SIM Card.
    5. XOX shall not be held liable to any Customer or any third party claiming through a Customer for any loss or damage whether direct, indirect, special or consequential, or for loss of business, revenue, or profits or of any nature suffered by any Customer, or any person authorized by any Customer, or any injury caused to or suffered by a person or damage to property arising from or occasioned by termination of the Services of the other operator and Customer’s Services associated with Mobile Number provided by the other MSP.
    6. Customer shall be responsible to settle all the balance outstanding to the MSP before porting out. In the event of non-payment by the Customer of all the balance outstanding, the porting-in process and the Services with XOX may be disrupted.
    7. Acceptance to the Service and these terms will only be effective upon activation of the ported number by XOX.
    8. In the event of porting to XOX, or port withdrawal or port reversal to the previous Operator, XOX is not:
      1. Responsible for any period of outage of the Customer’s mobile Service or any related ancillary services.
      2. Liable to the Customer or any person claiming through the Customer for any damage, loss, costs or expenses or other liability in contract or tort or otherwise direct or indirectly for, or in relation to the port, or port withdrawal or port reversal, for any reason whatsoever.
      3. Refunding the porting fee.
  5. VALUE ADDED SERVICES (VAS)
    1. The VAS is only applicable to the Customer who has registered for it. The ability to access and use VAS is dependent on the features and functionality of the Customer’s Mobile Phone and the quality of the information being accessed. This usage shall be used on the following conditions:-
      1. Customer acknowledges that VAS is not moderated and XOX does not control any forums.
      2. XOX is under no obligation to censor or monitor the information generated under VAS; however it reserves the right to do so.
      3. XOX is not responsible for VAS Content (even it is co-branded and/or promoted by XOX).
      4. Acknowledge that any views expressed are not necessarily from XOX.
      5. Agree not make lewd, obscene, threatening, abusive or defamatory remarks or incite hatred to any person or group.
      6. Agree not to harass, threaten, abuse or embarrass any other person or interfere with the operation of VAS or interfere with the enjoyment of VAS by other Customers.
      7. Agree not to post or transmit any information of any kind which contains virus, harmful deleterious component, delete any author acknowledgements, legal notices or proprietary designations or labels attached to or expressed iin any file that is uploaded.
      8. Grant XOX an unconditional, irrevocable, worldwide, royalty free license to copy and adapt any information the Customer generates through VAS or to promote VAS or any other service of XOX.
      9. Release XOX from all liabilities in connection with VAS, including any failure to provide the same.
      10. XOX does not represent, guarantee and warrant the extent to which Customer’s Mobile Phone will be able to access information via VAS or on Internet or elsewhere.
      11. XOX reserves the right to withdraw VAS at any time without notice and shall not be liable to any party for doing so.
      12. XOX reserves the right, at its sole discretion to determine whether a Customer is eligible for this service.
      13. XOX and the operator of the visited foreign telecommunication services network shall not be liable for any loss or damage which the Customer may sustain from or through the suspension/termination/interruption/loss of or inability to use the International Roaming Service due to any cause whatsoever.
      14. The Customer of International Roaming shall be subject to all T&C of this Agreement as XOX shall deem fit to impose from time to time.
      15. The Customer may at XOX’s absolute discretion be offered a Credit Limit in respect of charges incurred in using the International Roaming Service and/or International Direct Dial Service.
      16. The Customer may requests for a higher Credit Limit and XOX reserves its right to either grant/reject the same at its discretion, subject to such T&C as XOX shall deem fit to impose.
      17. The Customer shall bear and pay all surcharges, value added taxes and any other charges, taxes, exchange rate difference (if any) or such other sum as may be stipulated by XOX from time to time incurred, in using International Roaming and International Direct Dial Service.
      18. XOX makes no warranty or representation that Customer’s Mobile Phone will be able to utilise the International Roaming Service. Any inability of the Customer’s Mobile Phone to utilise International Roaming Service and/or International Direct Dial shall not annul this Agreement absolve, diminish or affect the Customer’s liability to observe and perform this obligations herein.
      19. The Customer shall promptly report to XOX and in any case within 24 hours, any lost or stolen SIM Card or Mobile Phone. Until such report has been received by XOX, the Customer shall be liable for all international roaming charges incurred.
  6. INTERNATIONAL ROAMING
    1. XOX reserves the right, at its sole discretion to determine whether a Customer is eligible for this service.
    2. XOX and the operator of the visited foreign telecommunication services network shall not be liable for any loss or damage which the Customer may sustain from or thought the suspension/ termination/ interruption/ loss of or inability to use the International Roaming Service due to any cause whatsoever.
    3. The Customer of International Roaming shall be subject to all these terms as XOX shall deem fit to impose from time to time.
    4. Customer may at XOX’s absolute discretion be offered a Credit Limit in respect of charges incurred in using the International Roaming Service.
    5. Customer may requests for a higher Credit Limit and XOX reserves its right to either grant/reject the same at its discretion, subject to terms as XOX shall deem fit to impose.
    6. Customer shall bear and pay all surcharges, value added taxes and any other charges, taxes, exchange rate difference (if any) or such other sum as may be stipulated by XOX from time to time incurred, in using International Roaming and International Direct Dial Service.
    7. XOX makes no warranty or representation that Customer’s Mobile Phone will be able to utilize the International Roaming Service. Any inability of Customer’s Mobile Phone to utilize International Roaming Service and/or International Direct Dial shall not annul this Agreement absolve, diminish or affect Customer’s liability to observe and perform his obligations herein.
    8. Customer shall promptly report to XOX and in any case within 24 hours, any lost or stolen SIM Card or Mobile Phone. Until such report has been received by XOX, Customer shall be liable for all international roaming charges incurred.
  7. CONVERSION FROM PREPAID TO POSTPAID
    1. Customer shall be bound by Postpaid registration Terms once the Mobile Number is converted to Postpaid account.
    2. The whole conversion process will be done within (two) 2 working days, unless due to unforeseen circumstances. During these 2 working days, Customer may not be able to make and receive calls.
    3. The conversion from Prepaid to Postpaid is subject to XOX’s approval.
    4. All pre-existing benefits in a Prepaid account including any remaining XOX credit or freebies (free SMS), birthday bonus, recharge bonus and other related to Prepaid subscriptions will be forfeited upon conversion to Postpaid account.
    5. All subscription based service subscribed under the previous Prepaid account will continue in the Postpaid account.
    6. XOX shall not be liable in any manner whatsoever to the Customer or any other party for any claims of whatsoever nature suffered due to this conversion.
    7. Customer may upgrade his/her commitment plan to a higher commitment plan.
      Example:
      1. if the monthly commitment is RM50.00 to RM100.00 ;  or
      2. if the Customer wish to change plan in “horizontal” transfer i.e from RM50.00 Lite to RM50.00 Lite’D
      3. it is entirely FREE OF CHARGE.
    8. Customers are allowed to downgrade BUT only after 6 months subscription and an administration fee of RM20.00 will be applicable.
    9. Example : From Premium Plan RM150.00 to Plus Plan RM100.00
    10. Customer’s plan changes will commence after the end of the current billing cycle.
    11. XOX shall not be liable in any manner whatsoever to the Customer or any other party for any claims of whatsoever nature suffered due to this conversion.
  8. SIM CARD
    1. At all times, The SIM Card shall remain the property of XOX at all times and ownership thereof shall not at any time pass to the Customer, and shall be returned upon demand.
    2. The Service and/or feature to be provided under the SIM Card will depend on the type of Mobile Phone used.
    3. The Customer must no changed or transfer the SIM Card to any other person unless approved by XOX.
    4. Customer must register with and obtain approval from XOX if they intend to obtain a second or further SIM Card. Customer must pay all fees and charges required for the new subscription. The Agreement shall similarly apply with respect to the additional SIM Card.
    5. The Customer shall use all precautions to prevent the loss, theft, cloning and/or unauthorised use of the SIM Card. In that happens, the Customer shall immediately notify XOX. XOX may impose a payment for the replacement of SIM Card.
    6. The Customer shall be fully responsible for the usage of the SIM Card and charges incurred including the use by any other persons, whether authorised by him or otherwise.
    7. XOX shall only replace a defective SIM Card at no cost if the defect is proven to XOX’s satisfaction that it is caused by the manufacturer within 12 months from the date of issuance of the SIM Card.
    8. The SIM Card can be used if a Customer converts from Prepaid to Postpaid account. The conversion will be made from XOX’s system.
    9. XOX will not be liable if there is any unforeseen delay during the conversion period.
    10. The Service and/or features to be provided under the SIM Card will depend on the type of Mobile Phone used.
    11. Customer must not change or transfer the SIM Card to any other person unless approved by XOX.
  9. CUSTOMER’S RESPONSIBILITY
    1. The Customer shall throughout the engagement of the Service with XOX:
    2. Promptly pay all amount due to XOX as shown on the bill statement and/or by re-calling from the [by dialing the short code], within 14 days from date of bill statement.
    3. The amount due by Customer will include (i) all charges and related taxes to principal and supplementary lines, (ii) add-on services engaged by Customer irrespective whether such charges were authorized by Customer or otherwise, charges, (iii) charges that have exceeded the Customer’s credit limit allowed, (iv) LPI,  (v) collection charges, debt recovery charges and legal charges (if any) and (vi) any other fees and charges in the event of any interruption or loss of Service for any whatsoever reasons given by XOX.
    4. Abide with all notices or changes made by XOX, including any upgrading of XOX system as required by the Authorities and XOX.
    5. Report to XOX immediately upon the discovery of fraud, unauthorized usage, loss or and any other occurrence of illegal or unlawful deeds in relation to the use of the Service. Customers must call to XOX Customer Service (call number 1300-888-010) to lodge a complaint and/or to lodge a police report (if required) and the certify copy of the report must be given to XOX for further investigation.
    6. Ensure that the Mobile Phone is legally owned/possessed/used by the Principal or Supplementary Users at all times and not being modified or allow any person to modify with or manipulate the Mobile Phone and/ or the Principal and Supplementary SIM Card which is against any laws or regulations of Malaysia.
    7. Be responsible for all the security and integrity of information and data transmitted or broadcasted by the Customer or any person using the Customer’s Mobile Phone or whoever which is being authorized or not by Customers.
    8. Acknowledge that XOX does not check the content of the information available from the Service or Internet and XOX is not responsible for any loss or damage suffered by the Customer or any other person as a result of using the said information, including the damage or loss of data caused by virus or any other similar programs.
    9. Shall keep the personal identification number (PIN) of the SIM Card confidential and shall not reveal/ release any PIN or important information to any other person at all times.
    10. Not using the Service with any unauthorized device which illegally exploits the unlimited free voice and/or data usage or spamming activities for the purposes of unauthorized reselling or for commercial gain.
    11. Unconditionally agree and allow XOX to disclose any information on the Short Messaging Service (SMS), voice and/or any data to be used as evidence and/or assist in investigations from time to time in any criminal investigations and/or court cases as required by the relevant Authorities and enforcement officers.
  10. OTHER PAYMENTS
    1. Upon submission and approval of the Registration Form, the Customer may be required to pay XOX a refundable deposit (“Deposit”) for the registration of the Service.
    2. The Deposit (if collected) shall be held to the Customer’s credit and refunded to the Customer without interest after the Agreement is terminated. XOX reserves the right to deduct the full amount due to XOX from the Deposit. XOX may also request Customer to make further Deposit payment towards maintaining the Deposit at the level determined by XOX.
    3. Customer hereby agrees that his obligations to pay any amount due as stated in the bill statement to XOX shall not be waived, absolved or reduced by virtue of:
      1. The Customer not receiving any bill statement from XOX for any period;
      2. The Customer’s failure or neglect to check, enquire, understand and ascertain the nature of the Service subscribed or used and the appropriate charges that associated with such Service.
    4. Customer shall also be responsible to:
      1. Request a bill statement from XOX if the Customer has not received for any billing period; or
      2. Get a copy of bill statement from XOX Self-Care (www.xox.com.my) free of charge or to subscribe for e-billing;
      3. Check related brochures made available from XOX or contact Care Centre from time to time for any enquiries to understand and ascertain the nature of the Service subscribed or used and the applicable charges associated thereof.
    5. Customer has fourteen (14) working days from the date of the bill statement to notify XOX in writing on any valid disputes or errors arising, failing which Customer is deemed to have accepted the bill statement for any period as correct and final.
    6. Customer agrees to allow XOX to charge LPI and Customer will pay the LPI on all amount due. XOX may at its discretion to waive any LPI on the amount due from time to time.
    7. XOX shall be entitled to vary the amount of Deposit, fees and any other charges for the Service provided or part thereof at any time by notice to the Customer.
    8. Customer agrees to bear all debt collection, credit administration, legal costs and related expenses incurred by XOX in recovering any money, charges or expenses payable by the Subsriber under the Agreement.
    9. If an account is deemed deactivated, XOX reserves the right to forfeit any credit balance with a value of Ringgit Malaysia (RM 10.00) and below as administration fee for the Service to either continue or close the account.
  11. SUSPENSION AND TERMINATION
    1. Customer may terminate the Agreement by giving XOX notice in writing. The Service shall be terminated within three (3) Working Days from receipt of the termination notice by XOX.
    2. XOX reserves the right to immediately suspend/ terminate the Service or Agreement without liability at any time without any notice and may not be require to give any reasons whatsoever, including but not limited to the following:
      1. If there is any technical problem occurs in the Service or the related network.
      2. While the Service is being upgraded, modified or maintained.
      3. When it is for the purpose of testing or correcting any malfunctioning of the Mobile Phone or the XOX System.
      4. If Customer breaches any of the provision of these terms
      5. If the Customer does anything which may in XOX’s opinion, lead to, including but not limited to, the damage or injury to the Service or XOX’s related network or reputation.
      6. If XOX is required to do so by law, statute, enactment, code or by any relevant authorities.
      7. If it is in XOX’s opinion that the Service or XOX’s host network is or may be used fraudulently, illegally or for unlawful purposes.
      8. If the license to operate XOX System is terminated or as required by the relevant authorities and/ or laws and regulations. XOX will endeavour to resume the Service as soon as possible if suspension or disconnection occurs for the reason set out in Clause (i) and (ii) above. The Customer shall be liable for all applicable charges during the period of interruption, suspension or loss of the Service or part thereof from any cause whatsoever.
    3. Upon early termination/ termination of the Agreement by either party, the Customer shall be liable to XOX for:
      1. The monthly subscription, access or other monthly commitment fee for Service for all the months up to the effective date of termination.
      2. Any call or other usage charges incurred by the Customer up to and including the effective date of termination, and
      3. Any other outstanding and/or commitment amounts, including all those under a fixed contract period.
    4. Upon termination of the Agreement, the Customer shall immediately pay all amount due to XOX.
    5. Upon suspension, XOX may at its absolute discretion reconnect the Service, subject to the Customer paying a reconnection fee, all amount due to XOX and a new Deposit as may be required by XOX for the reconnection of the Service.
  12. Auto Billing/Direct Debit
    1. On using the services of auto billing, the Customer herby authorizes XOX to :
      1. Release details of the Customer’s monthly bills to American Express/Diners Club/the Acquiring or Issuing Banks for VISA/MasterCard (“Charge/Credit Cards”)/and;
      2. Automatically debit these billed amounts to Customer’s Charge/Credit Card account. The full bill amount will be debited until the Customer withdraws from the Service.
    2. If the Bank rejects the application of auto billing/ direct debit of the Customer, the Customer is still liable to settle all sums due to XOX before the due date. In this instance, American Express/ Diners Club/ Acquiring or Issuing Banks shall not be liable for any claims demands or losses arising there from.
    3. The Customer is obliged to inform XOX in writing upon transfer of Mobile Phone and/ or SIM Card owners, changes in XOX account number or if the Customer wishes to withdraw from the services.
    4. The Customer must inform XOX in writing of changes in Charge/Credit Card account numbers, including new account, numbers issued under “lost card” or “conversion”; termination/cancellation Charge/ Credit Card accounts; changes or renewal of expiry date. Changes involving new account numbers will require re-enrolment and submission of a new Enrolment Form.
    5. The Customer may terminate the service by giving one month’s notice in writing to XOX and the Customer must charge their bills to the Charge/ Credit Card account in their name only (solely or jointly). Any variation from this clause will require expressed permission from the Cardholder in writing.
    6. Customer wishing to have this service for their corporate and/ or Individual XOX accounts shall be subject to the same finance charges that may be applicable to other charges that appear on the card account in accordance with the terms and conditions governing that card account.
    7. This service is only available to Customers who are American Express/Diners Club/VISA/MasterCard with Charge/Credit Cards issued by Malaysian financial institutions.
    8. XOX reserves the right to require the Customers to settle any amount billed using other means of payment from time to time.
  13. CREDIT LIMIT
    1. XOX may at any time at its sole discretion set a Credit Limit for credit control purposes without informing the Customer which shall operate as a threshold allowed for the total charges outstanding inclusive of unbilled charges. The Credit Limit shall be reviewed from time to time at the sole discretion of XOX. The Customer may make an application to increase the Credit Limit, but XOX reserves its rights to change or otherwise. When Credit Limit is reached, XOX reserves the right to automatically bar the Customer’s use of the Service.
    2. XOX is not obligated in any way whatsoever to ensure that the Credit Limit is not exceeded by the Customer and any failure to do so shall not operate as a waiver of any rights hereunder.
  14. NOTICES
    1. All official bill statements, notices, requests, notice of demands, summons, all other legal process and/or other legal process and/or other communications to be given by XOX to the Customer shall be in writing and shall be sent to his last known contact which may include billing address, permanent address, office address and/or email address.
    2. All notices, requests, notice of demands, 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 XOX office at 31-3, Block C, Jaya One, 72A, Jalan Universiti, 46200 Petaling Jaya, Selangor. Fax : 03-79551288.
    3. All official bill statement, notices, requests, notice of demand, summons, all other legal process and/or other communications/documents to be given by XOX to the Customer pursuant to this clause shall be deemed to have been served if:-
    4. Sent by registered post, on the second Working Day after the date of posting irrespective of whether it is returned undelivered, or;
    5. Hand delivered to the Customer, upon delivery, or
    6. Sent by facsimile, upon successful completion of transmission as evidence by a transmission report and provided that notice shall in addition thereon be sent by post to the party, and/or
    7. Provided that notice shall in addition thereon be sent by post to the other party.
  15. LIMITATION OF LIABILITY
    1. Neither XOX nor any third parties represent or warrant that you will have continuous or uninterrupted access to the Service, or that any of the functions of the Service will be error-free. The Service is provided to you “as is” and “as available”, and XOX  and its service providers make no representation or warranty relating to the Service, including, without limitation, its performance, availability, content, or functions.
    2. In addition to any other disclaimers and exclusions as may be stipulated in the XOX Website, and to the extent as may be permitted under law, XOX disclaims all warranties, conditions, guarantees, and representations, express or implied with respect to the Service.
    3. In no event will XOX or its officers, directors, employees, shareholders, affiliates, agents, licensors, or third party service providers be liable in contract, tort (including negligence) or otherwise for any loss or damage (including but not limited to consequential, incidental, special or punitive damages) sustained by you or any other party arising directly or indirectly from your access or use of the Service including but not limited to loss or damage arising from:
      1. any defect, delays, interruptions or failures in the provision of the Service;
      2. any inaccuracies, or errors in any data or information in your Statement or otherwise provided or made available via the Service;
      3. the failure to view, print or email your Statement due to limitations of the Service or any failure of the Service or any part thereof for any reason;
      4. the corruption, loss of or error in any data or information provided by other party other than XOX for incorporation in your Statement for any reason;
      5. any unauthorised use of the Service and/or intrusion, interference or attack on XOX Website or your Service by any person, virus, Trojan Horse, worm, macro or other harmful components or deleterious programs or files;
      6. your failure, neglect or omission to act in accordance with the terms  of this Terms  and any other laws, rules, regulations, policies and guidelines currently in force;
      7. an event which is beyond the reasonable control of XOX ;
      8. XOX  performing and exercising its rights, obligations and discretion pursuant to this Terms  and/or
      9. the act or omission of any party other than XOX.
    4. Your sole remedy for any failure or non-performance of the Service shall be for us to use commercially reasonable efforts to perform an adjustment or repair of the Service and if you remain dissatisfied with the Service, to discontinue your access and use of the same.
    5. XOX reserves the right at any time without being liable to the Customer or any third party whatsoever, to :
    6. Discontinue, disconnect, interrupt or suspend the Service for such period of time as XOX shall deem fit for any of the following reasons or any other reason whatsoever:-
    7. To make any upgrading and/or modification of the XOX’s System and/or the Service for its proper and efficient functioning.
    8. For the purpose of testing and correcting any malfunctioning of the Mobile Phone or the XOX System.
    9. If the license to operate XOX System is terminated or as required by the relevant authorities and/or laws and regulations.
    10. A breach of any term or condition of this Agreement by the Customer.
    11. Where the Customer shall be adjudged bankrupt or commits an act of bankruptcy or in the case where the Customer is a company shall be wound up or have a receiver or manager appointed.
    12. On suspicious of fraud, any illegal practice or any unusual activity in respect of the Customer’s HYBRID account with XOX.
    13. Where the Customer defaults in the payment of any fees, charges or monies due to XOX in relation to any other accounts and/or services. Provided always and notwithstanding the aforesaid, XOX reserves the right to summarily terminate the Service without giving the Customer any notice and without having to give any reason whatsoever.
    14. Suspend and/or terminate the Service in the case of suspected commercial gain activity not limited to any voice and/or data services and promotions offered.
    15. Amend or vary all Deposits, fees, charges, rate table payable pursuant to this Agreement by giving due notice.
    16. Vary, add to or delete any of the T&C with or without the need to provide any notice to the Customer and which shall take effect on such date deemed fit by XOX and whereby the Customer shall be immediately bound by the terms.
    17. Without notice, after the Customer is in default of payment in relation to this HYBRID account or any other of the Customer’s accounts with XOX (and notwithstanding any settlement of account or another matter whatsoever), combine or consolidate all or any of the existing account of the Customer (including accounts in the name of the Customer jointly with others) with XOX, and offset or transfer any sum outstanding to the credit of the Customer (including Deposits) in any one or more of such accounts in or towards satisfaction of any money, obligations and liabilities of the Customer to XOX, whether such liabilities be present, future actual contingent, collateral, several or joint.
    18. Impose a reconnection fee at XOX’s sole discretion and at a rate determined by XOX in the event that the said Service is discontinued, disconnected or suspended for whatever reason.
    19. Impose a fee, extra charges and/or penalty to the Customer who misuse the free calls or SMS by way of unauthorized selling and/or commercial gain.
    20. Impose any minimum or maximum capping for the free voice and/or data usage without prior notice to the Customers based on the fair usage policy which may be changed from time to time at XOX’s discretion.
    21. The Customer shall indemnity and hold XOX harmless against all claims, proceedings, actions, demands and losses which may arise as a result of the Customer’s use of the Service or any act or omission of the Customer.
    22. XOX shall not be liable to the Customer or third party for any claims for libel, or violation of copyright arising from the transmission and/or receipt of data and materials in connection with the Service and all other claims arising out of any act or omission of the Customer or any person authorized by the Customer in connection with the Service.
    23. In the event of any dispute/claim of ownership of the Customer’s Mobile Phone, the onus of proving ownership shall be the Customer’s responsibility. In the event the Customer is unable to do so, the matter shall then be referred to the Police and/or the Courts. XOX shall not be liable for any loss, damage or claim which may be caused to the Customer from or through the reregistration/termination/transfer/reconnection/disconnection/suspension of the service in respect of the Customer’s Mobile Phone pending determination of ownership or subsequent thereto.
    24. XOX reserves the right and without having to give notice to the Customer to impose call barring, suspend, disconnect or terminate the Service or take such other action as XOX may deem fit for its own credit control purposes.
    25. Upon termination of this Agreement, XOX reserves the right to retain the Deposit for such period as XOX shall deem fit for the settlement of any outstanding dues or charges payable by the Customer.
    26. XOX reserves the right to suspend and/or terminate the line in the case of suspectedcommercial gain activity not limited to any voice and/or data services and promotions offered.
    27. The foregoing clauses shall apply to the fullest extent as permitted in law.
  16. FORCE MAJEURE
    1. Without limiting the generally of any provision in the Agreement, XOX shall not be liable for any failure to perform its obligations herein caused by Acts of God, insurrection or civil disorder, military operations or act of terrorism, all emergency, acts or omission of Government, or any competent authority, labor trouble or industrial disputes of any kind, fire, lightning, subsidence, explosion, floods, acts or omission of persons or bodies for whom XOX has no control over any causes outside XOX’s reasonable control. Notwithstanding the event of force majeure, the Customer shall remain obliged to pay all fees and charges which are outstanding and/or and payable to XOX in accordance with the Agreement.
  17. 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.
  18. LAW OF JURISDICTION
    1. The Service provided herein is governed by the Laws of Malaysia and you hereby consent and any litigation thereto shall be submitted to the jurisdiction of either the Courts of Kuala Lumpur, Petaling Jaya and/or Shah Alam only.
    2. You hereby agree that irrespective of the place of business of either parties, all litigations shall be settled in the Courts of Kuala Lumpur, Petaling Jaya and/or Shah Alam only.
  19. MISCELLANEOUS
    1. All provisions contained herein shall be equally applicable to any and all supplementary lines subscribed by the Customer.
    2. In this Agreement where the context requires, words importing the singular shall include the plural and vice versa and the masculine gender shall include the feminine and neuter genders. Person shall include natural persons, corporations, partnership, associations and government agencies. Headings to the clauses herein are for convenience of reference only and shall not affect the construction thereof.
    3. The Customer shall not assign this Agreement or any part thereof without the prior written consent of XOX. XOX shall be at liberty at anytime without the concurrence of and without notice to the Customer to assign and/or transfer all or any part of its rights and obligations under this Agreement to such corporations or business entities as it deems fit.
    4. Failure or indulgence by XOX to exercise any or all of its rights under these T&C or any partial exercise of a right, shall not act as a waiver of such rights and such rights may be exercised without having to wait for the occurrence or re-occurrence of a similar or any other event giving rise to such rights.
    5. If one or more of the provisions of these T&C shall be invalid, illegal or unenforceable under any applicable law or decision, the validity, legality and enforceability of the remaining provisions shall not be affected or impaired in any way and such invalid, illegal or unenforceable provision(s) shall be deemed deleted.
    6. XOX reserves the rights to verify any information stated in the Agreement and the rigt to reject and/or seek such further clarification from the Customer or any other source as deemed necessary to establish the identity of the Customer (including but not limited to subsequent verification for recovery purposes); and such action shall not be considered defamatory or an invasion of privacy nor be the subject of any legal proceedings.
    7. The Customer agrees that print-outs and reproductions of all documents and records pertaining to the Customer, either directly or otherwise, from XOX’s system(s)/records shall be admissible in any court of law and conclusive of the documents, if any.
    8. The Agreement shall be binding on and shall inure for the benefit of each party’s permitted assigns, successors in title, personal representative, executors and administrators.
    9. The Customer understands and acknowledges that this Agreement, although it is written in English, the whole contents, including rights, responsibilities and legal obligations were understood fully and accurately by him and/or has been properly translated to him in his native language.
  20. 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.