Terms & Conditions for the usage of XOX MOBILE operator services and products

Online Store and Shopee T&C

 

1.          General

 

1.1         This terms and conditions (“terms and conditions”) contained in this XOX Online Store (“the Website”) governs XOX’s products and services offered on the Website.

1.2         These Terms and Conditions shall also be applicable to purchases from XOX Malaysia Official Store on the Shopee Platform.

1.3         By accessing and continuing to use the Website and/or XOX Malaysia Official Store on the Shopee Platform, you agree to the following terms and conditions of use.

1.4         You must not continue to access the Website and/or XOX Malaysia Official Store on the Shopee Platform if you do not agree to any and/or all the following terms and conditions of use.

1.5         By continuing to use the Website, you shall be deemed to have read, understood, and agreed to be bound and abide by this terms and conditions and you further acknowledge and accept all inherent risks associated in conducting any transactions over the Internet or such other electronic medium approved by XOX.

1.6         For the purposes of these terms and conditions, any and all references to “the Website” shall also include XOX Malaysia Official Store on the Shopee Platform.

 

2.          Intellectual Property Rights

2.1         All content included in or made available through the Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, campaign titles and data compilations is the property of XOX or its content suppliers and is protected by copyright laws and treaties around the world. All such rights are reserved by XOX and its licensor.

2.2         Reproduction, transfer, distribution, or storage of part or all the contents in any form without the prior written permission of XOX is strictly prohibited, unless otherwise stated. XOX consents to the user storing contents on the computer or printing copies of extracts from the Website for personal non-commercial use only. You are not permitted to modify, distribute, publish, transmit, or create derivative works of any material found on this site for any public or commercial purposes.

2.3         The documents must retain all copyrights and other intellectual property notices as contained in the original material and the products, technology or processes described in this Website and the same may also be subjected to the intellectual property rights reserved by XOX and/or by other third parties.

2.4         No license is granted in respect of those intellectual property rights. Images, trademarks, brands and all associated logos and symbols displayed on this website are protected by copyright, trademark and other intellectual property laws and may not be reproduced or appropriated in any manner without written permission of their respective owners.

2.5         “XOX”, and the symbols are trademarks of XOX Com Sdn Bhd. Third party’s product and service names as appeared herein are trademarks and service marks of their respective companies. Nothing contained herein shall be construed as conferring a license of XOX’s intellectual property rights on the user.

3.             Legal Disclaimer

3.1         The information on the Website is provided on “as is where is basis”. Except as required by applicable laws, rules and regulations and except to the extent that this disclaimer (or part) is held to be invalid, no warranty of any kind, either express or implied, including any implied warranty of merchantability or fitness for a purpose is made in relation to the accuracy, reliability, completeness or content of the pages, the information contained on the Website herein may include technical inaccuracies or typographical errors.

3.2         XOX reserves the right to revise these terms and conditions, the Website and/or withdraw access to them at any time and from time to time.

3.3         The Website may contain links to third party sites, products and/or services. XOX assumes no responsibility for material created or published by third party sites’s link to the Website, as those material has neither been verified nor authenticated by XOX.

3.4         Notwithstanding the generality of this terms and conditions, XOX shall not, at any time whatsoever, be liable to you or any other person for any damage or loss suffered (including all direct, indirect, special, incidental or consequential damages, economic loss, loss of profits or loss of opportunity) arising from any (a) usage or inability to use the Website; (b) usage of any XOX products and/or services; and/or (c) use or reliance on any information present; even if XOX have been advised of the possibility of such damage or loss.

3.5         Chat, discussion groups or bulletin board services and similar services offered by XOX are public communications and your communications may be available to others. XOX is not responsible for and does not control or endorse any content of any public communication services.

3.6         You are solely responsible for making your own assessment when accessing and using this Website, the services herein, and/or the content and you agree that your access and use thereof shall be at all times at your sole risk.

4.           Disclosure of Information

 

4.1         You acknowledge and consent to XOX that the information collected by XOX from you (“Personal Data”) will be used and/or disclosed in accordance to XOX’s Privacy Policy.

 

5.          Eligibility

 

5.1         Users must be above the age of 18 to purchase any prepaid pack online. Those who are under 18 years old shall obtain consent from their parents or legal guardians before registering and submitting personal details on the Website.

 

 

6.          Privacy

6.1         Personal information and/or Personal Data provided on the Website shall be kept secured and confidential and be used only for the purposes for which it is provided. It will only be used by XOX, third parties operating and delivering services, or otherwise assisting XOX with this service.

6.2         When accessing the Website, XOX may collect the following information: 

                                                              i.      Anonymous web statistics collected as you browse the Website, and/or

                                                             ii.      Personal information you knowingly provided to us.

6.3         XOX may use your personal information for planning, research, design and/or marketing of services (including reward programs), rendering assistance to law enforcement, government or regulatory agencies, or complying with any applicable laws or any order of Court.

6.4         Any information disclosed in the public areas of the website (such as message boards and forums) becomes public information. You should exercise caution when disclosing your personal information in this way.

6.5         Please see our Privacy Policy, which forms a part of these terms and conditions.

 

7.          Fees and Charges, Billing and Payment Terms, Interest and Taxes

 

7.1         XOX make best effort to ensure that all details, descriptions and prices which appear on the Website to be accurate.

7.2         You may have to pay a fee in respect of the products and services that you have ordered, subject to the Billing and Payment Terms.

7.3         You shall promptly pay XOX all the Fees and any other Charges which is payable to XOX in respect to any of the Products and services: 

                                                              i.      in accordance with the Billing and Payment Terms and without any set off, counterclaim, deduction or withholding whatsoever.

                                                             ii.      In accordance with the terms imposed by the payment provider.

7.4         Additional charges and/or costs such as delivery costs may be charges in addition where applicable. Such additional charges will be clearly displayed and included in the final sum. XOX reserves the right to vary and/or revise any additional charges and/or costs from time to time.

7.5         Where applicable, you shall bear and pay all taxes, including any service tax, if required by law.

7.6         You agree that, if you make the necessary payment using a third-party account (direct debit) or using a credit card that is not registered in your name, the payment made shall be valid. You agree that XOX shall in no way be responsible to indemnify any party for such disputed, non-consensual, or unauthorized use of another’s account or credit card. You agree to settle such disputes with third parties without XOX’s involvement in anyway whatsoever.

7.7         XOX shall have the right to reject any transactions and/or forfeit any refund at its discretion if there are any suspicious or fraudulent attempts made by any party.

 

8.          Electronically Know Your Customer (e-KYC)

8.1         The Order Form, payment for new registration and delivery of ONEXOX Prepaid, BLACK and eSIM is only made available for the purchase of a new registration for ONEXOX Prepaid, ONEXOX Prepaid eSIM, ONEXOX BLACK and ONEXOX BLACK eSIM.

8.2         The new registration for ONEXOX Prepaid, ONEXOX Prepaid eSIM starting, ONEXOX BLACK and ONEXOX BLACK eSIM starting from 28 July 2020 shall successfully go through SIM Activation via XOX BLACK Application (or other methods recognized by XOX from time to time) for Electronically Know Your Customer (e-KYC) verification purpose within thirty (30) days from the purchase date. After the lapse of thirty (30) days and without successful SIM Activation for e-KYC verification, the starter pack shall automatically be “Invalid”. XOX shall not be responsible if you have failed and/or neglected to activate the new ONEXOX starter pack. Once the item becomes ‘invalid’, it can no longer be activated, thereafter the item shall not be usable, refundable, exchangeable and/or returnable. Please refer to our e-KYC Terms and Condition for more details.

8.3         For Malaysian Subscribers, a valid MyKad is required for the e-KYC SIM Activation, whereas for Non-Malaysian Subscribers, a valid Passport is required for e-KYC SIM Activation. *Only for individual registration

8.4         Identification Documents such as MyPR, i-Kad, MyTentera are not accepted for the e-KYC SIM Activation.

8.5         Upon successfully performing the e-KYC SIM Activation, you are bound by the Terms and Conditions of ONEXOX Prepaid and/or ONEXOX BLACK from the date that you successfully performed the e-KYC SIM Activation.

8.6         For ONEXOX Prepaid validity of the talk time credit is the period of time between the date of reloading and the stipulated validity period as stated on the back of the XOX Prepaid Recharge Card whereby you are granted access to the Services, i.e., 30 days for RM30 reload, 50 days for RM50 reload and 100 days for RM100 recharge. (Note: This validity period shall apply to XOX Prepaid Recharge Card purchased from the alternate recharge channels outlined in this website or via any other channels. Every time you recharge, your SIM Card will compare the remaining validity period of your existing airtime credit with the validity period of your new XOX Prepaid Recharge Card. The higher of the two validity periods will be effective).

8.7         XOX reserves the right to forfeit any remaining airtime credit after the expiry of the respective validity periods stipulated above, without prior notification to you.

8.8         Any XOX Prepaid Recharge Card performed using any of the alternate reload channels outlined in this website or via any other channels which may be added from time to time will be subjected to their respective terms and conditions that are not governed by XOX.

 

9.          Delivery of Products

9.1         For delivery purposes, it is of utmost importance that you include your accurate and current personal information. We will deliver the packages to the mailing address you have disclosed to and provided us (any other means deemed inappropriate by XOX).

9.2         As far as practicable, your order shall be delivered to you in Five (5) business days upon clearance of payment. Business days shall mean Monday to Friday excluding all Saturdays, Sundays, Malaysia Public Holidays (which may also include certain gazetted Public Holidays).

9.3         Payment made BEFORE 2pm on the same day will be considered as the first business day. Any payment made AFTER 2pm will be considered that the payment was made the next day.

9.4         For example, if the payment is successfully made on Monday BEFORE 2pm, delivery shall take place on Friday in the same week. If the payment is successfully made on Monday AFTER 2pm, then delivery shall take place on next Monday. XOX may at its sole discretion defer the Delivery Date that may occur due to unforeseen circumstances.

9.5         Any notification changes of personal details i.e., address, name, contact number, etc. will not be allowed upon successful order been made on the website.

9.6         We shall not be responsible if, in any event, through no fault of ours, we are unable to deliver your order to the address given by you.

9.7         You are required to provide your proof of identification such as your National Registration Identification Card (NRIC) or passport or any other identification document for verification of identity, whichever applicable in order to collect your order from our delivery service. In the event that you have arranged for a representative to accept delivery on your behalf in the same address as provided by you, your order shall be deemed to be delivered once the same is accepted by your representative and he/she signs on XOX’s delivery agent receipt. XOX accept no responsibility in connection with any loss and/or damage once it has been delivered to the address.

9.8         We work with several delivery partners for order fulfilment. You will receive your order via a delivery agent appointed by our delivery partner.

9.9         XOX reserves the right to clarify additional Personal Details, if necessary, for the purpose of verification of your identity or fraud prevention purposes.

10.      Product Warranty

 

10.1     Should there be any manufacturing defects with the Product found within three (3) days from the date of receipt by you, you are required to courier back at your own expenses the Product to XOX to get a replacement. Replacement shall only be given upon receipt of the Product. XOX shall not make any replacement if the Product is lost or damage during the delivery process.

 

11.      Additional Charges

 

11.1       If we are unable to successfully deliver your order because your address is not valid, or there is no one to receive at the address provided by you, we may at our discretion, as a second attempt re-deliver your order. If it continues that we cannot deliver to you the package(s) shall be returned to XOX. We reserve the right to charge a further minimum for the re-delivery arrangement or you may arrange to collect your order personally from our headquarter’s office at Lot 8.1, 8th Floor, Menara Lien Hoe, No. 8, Persiaran Tropicana, Tropicana Golf & Country Resort, 47410 Petaling Jaya, Selangor Darul Ehsan.

 

12.      Indemnity

 

12.1 You hereby agree to fully indemnify, defend and hold XOX and its officers, directors, employees, agents and servants harmless against all damages, losses, expenses and costs (including legal costs and disbursements) which we may have suffered or incurred, whether directly or indirectly, in connection with or as a result of your breach of any of the provisions under this terms and conditions.

 

13.      Refund Policy

 

13.1     Once payment has been successfully effected, we are not obliged to act on any request to cancel, revoke, reverse or amend any instructions nor will any refund of payment be made under any circumstances.

 

14.          Governing Law and Jurisdiction

14.1 This terms and conditions is governed by and construed in accordance with the laws of Malaysia. You agree to submit and be bound by the exclusive jurisdiction of the Courts of Malaysia.