XOX WHATSAPP BUSINESS API “WABA”

 

Introduction (XOX WHATSAPP BUSINESS API “WABA”)


1.0 General

1.1 XOX (“XOX” or “we” or “us” or “our”) welcomes you (“user(s)” or “you” or “your”) to our WhatsApp Business API service known as “WABA”.

1.2 The following terms of use (together with the documents referred to in it) (“Terms of Use”) governs your use of the WABA and its related services. For the avoidance of doubt, the term “WABA” whenever and wherever mentioned shall include its related services.

1.3 Please read these Terms of Use before browsing, accessing, and/or using WABA. By accessing, browsing and/or using WABA you are agreeing to be bound by these Terms of Use. If you do not agree you must stop using WABA.

1.4 WABA is offered to you subject to your acceptance of these Terms of Use and all other applicable Terms of Use, rules, policies (including our Fair Usage Policy), regulations and law that may or may not be communicated from time to time. You acknowledge and agree that you have read understood and accept all these Terms of Use.

1.5 These Terms of Use are our copyrighted intellectual property. Any unconsented use even of extracts of the Terms of Use, for any purpose is not permitted. Infringements may be subject to legal action.

 

2.0 About WABA

2.1 The WhatsApp Business API is a feature-rich platform that enables businesses to directly engage with customers on WhatsApp, the world’s leading messaging app.

2.2 By accessing, browsing and/or using this XOX WhatsApp Business API you agree to the following terms. If you do not agree you must stop using this services. From time to time, we make services available via this WhatsApp Business API, as messaging services, purchase sim pack, live agent. These feature and its services will be collectively referred to as “WABA” in these Terms of Use.

2.3 WABA and its services shall be available begin from 30th April 2024 onwards or such other period as may be determined by XOX.

2.4 XOX has successfully registered a WhatsApp Business API Account (WABA) with the number 03-78842323. This account has been verified by META, ensuring authenticity and adding a green tick mark next to XOX’s name in chats. This verification enhances credibility and trustworthiness in the eyes of our recipients, strengthening our communication with them.

2.5 With WABA, XOX is able to communicate with our users in better manage the customer interactions through the variety of features such as automated messages, quick replies, notifications, reminders, marketing promotional messages, live agents. It also provides detailed reporting and analytics, allowing us to measure the success on our communication and customer engagement efforts.

2.6 XOX may remove, add on and/or change the content and/or features of the WABA from time to time, with or without notice to you, and as updated in the WABA. XOX shall not be responsible for any errors or omissions in the WABA content or feature.

2.7 As a user of WABA, you take full responsibility when entering into any transaction by relying on the information on WABA or using any service which is accessible. WABA offers the following services which includes but not be limited to:

(a) Purchase Sim Pack

(b) Live Chat Agent

(collectively, “Services”)

2.8 The use of WABA is meant for all XOX Subscribers and public. For the avoidance of doubt, “XOX Subscribers” refers to a person or party who has entered into a subscriber relationship with XOX and/or registered for any of XOX’s services.

 

3.0 Data Security

3.1 You are responsible for maintaining the confidentiality of your account information and are fully responsible for all conduct carried out under this account. We are not liable for any loss or leakage of confidentiality or for any damages arising from unauthorized use of the WABA or resulting from circumstances beyond our control. We request that you promptly report to us any unauthorised use of your phone number.

3.2 We will take reasonable steps to secure WABA. However, the internet may be unreliable and is a difficult medium to secure. We do not guarantee the security of WABA or the systems (including the internet and your hardware and software) used to access WABA, or any information that passes through such systems.

 

4.0 Compatibility

4.1 Different models or versions of routers, browsers, and devices may have firmware or settings that are incompatible with WABA and/or its, resulting in issues with the displayed WhatsApp Bot. While we continuously develop the function and features of WABA and/or its, Services in order to, as far as possible, support all commonly used devices and models in markets and all browsers where WABA is likely to be accessed from, we do not warrant compatibility of WABA and/or its the Platform/Service with specific mobile devices or other hardware.

 

5.0 Use of WABA

5.1 In addition to our Fair Usage Policy, when using WABA for any of its Services, you must not:

1. Use WABA for any activities, or post or transmit to or via WABA any information or materials, which breach any laws or regulations, infringe a third party’s rights or privacy, or are contrary to any relevant standards or codes;

2. Use WABA in a way, or post to or transmit to or via WABA any material, which interferes with other users or defames, harasses, threatens, menaces or offends any person or which inhibits any other user from using or enjoying WABA;

3. Misrepresent your association with any person or entity

4. Impersonate another person when using WABA;

5. Post to or transmit to or via WABA any obscene, indecent, inflammatory or pornographic material or material that could give rise to civil or criminal proceedings;

6. Tamper with, hinder the operation of or make unauthorised modifications to WABA;

7. Knowingly transmit any virus or other disabling feature to or via WABA;

8. Transfer any virus or malware or any similar harmful item;

9. Use WABA in any unauthorized commercial purposes other than those contained in this Agreement; and/or

10. Attempt any of the above acts or permit another person to do any of the above acts.

 

6.0 Third Party Sites

6.1 WABA contains links to third party apps and/or sites. You acknowledge that we have no control over the content of such third party apps and/or site. We are not responsible for the condition or the content of those app and/or sites. The link(s) are provided solely for your convenience and do not indicate, expressly or impliedly, any endorsement of the app and/or sites or the products or services provided there. Any personal information that you make available on such third party apps and/or sites will be subject to the relevant third party’s privacy policy (if any) and not to our privacy policy. Before disclosing your personal information on such third-party app and/or site, you should check that third party’s privacy policy.

6.2 You access those third-party app and/or sites and use their products and services solely at your own risk. We do not represent that the content or services available from third party app and/or sites are appropriate or available for use in all parts of Malaysia. If you access other content or services from third party sites, we are not responsible for your compliance with local laws or other applicable laws.

 

7.0 Personal Information and Personal Data

7.1 By submitting your personal information or using WABA, you have given us your consent to collect, record, hold, store, use and disclose your personal information according to our privacy policy which is available on WABA.

7.2 WABA collects and processes your Personal Data in accordance with our Privacy Policy. The Privacy Policy applies to all of the WABA’s Services, and its terms are made a part of this Terms of Use. For the avoidance of doubt, the term ”Personal Data” has the same meaning as provided for under Personal Data Protection Act 2010 (referred to as “PDPA 2010”).

7.3 Where applicable, you agree and consent to the WABA and its services for the collecting, using, processing and disclosing Personal Data as further described in our Privacy Policy.

7.4 You acknowledge that WABA may disclose Personal Data of other individuals to you in the course of your use of WABA and XOX’s Services. You represent and warrant that you will only use such Personal Data for the purpose for which it was disclosed to you by WABA, and not for any other unauthorized purposes.

 

8.0 Prices and Products and Services

8.1 All prices display for products and services offered for supply on WABA are provided for information purposes only and are subject to change without notice. You should check the price of a product or service before placing an order for it.

8.2 Your purchase, use of our products and services are governed by the prevailing relevant XOX Mobile Terms of Use of Service.

8.3 For further information regarding the prices, products, and services offered on the WABA, please refer to XOX Mobile Terms of Use for the specific terms and Terms of Use applicable to the relevant product and services.

 

9.0 Purchase XOX Sim Pack & Live Chat Agent

9.1 Offer and Acceptance

  1. By placing an order on the WABA, you are making an offer to purchase our products or services. Acceptance of your offer is at our discretion. We may reject your offer without providing any reason. Acceptance occurs only when we send a confirmation email to you stating that payment for your order is successful. Any other acknowledgment of your order before the confirmation email is purely for information purpose and does not constitute acceptance.
  2. To make a purchase from our WABA:
  3. You can purchase for your own or on behalf of friends and family;
  4. The name on the credit or debit card used (cardholder identity) must match the name on the NRIC of the addressee to whom any products are to be delivered; and you must be purchase for your own use and not for resale.
  5. By purchasing from our WABA, you warrant that you meet the relevant Terms of Use set out in here.

9.2 Payment

  1. When you purchase our products and services through WABA, you may choose to pay the charges either by debit or credit card issued in Malaysia, which is subject to the terms and Terms of Use of the card issuer. You have the responsibility to update your payment information immediately if your debit or credit card is lost, stolen, expired, terminated or if you want to terminate this method of payment. You agree and authorise us to verify the information you provide with the card issuer, or any third party as may be necessary; forward your call transactions, billings and other details to the card issuer, financial institution and other relevant parties for and in connection with this type of payment. If we cannot make the deduction or settlement with the card issuer, financial institution, or other relevant parties, we will cancel your order.
  2. In any event our products or services are listed with an incorrect price or with incorrect information, we reserve the right to cancel your order for those products even if you have made payment for that order. If you have already made payment for an order that is subsequently cancelled by us, we will refund the amount paid by you in relation to that order.

9.3 Delivery of Product

  1. Delivery charges is applicable for every order.
  2. We aim to deliver within the delivery timeline as indicated below (which may be changed by us from time to time with or without notice), but we do not guarantee the exact date of delivery. If you are within Klang Valley and West Malaysia, estimated delivery time is 1 – 3 working days, whereas for East Malaysia, estimated delivery time is 3 – 5 working days.
  3. We do not deliver out of Malaysia or to PO Box addresses.
  4. We rely on you to give us accurate information to enable us to deliver your order successfully. You must provide correct delivery information as we do not entertain changes to the delivery address once you have submitted your order.
  5. We will only perform a maximum of 2 delivery attempts. If both attempts fail, your order will be returned to the delivery agency’s office, where you are required to collect it. We will notify you of the address and other details for self-collection. We may at our discretion arrange for additional delivery, but it will be subject to additional charges. If you do not collect your order from the delivery agency’s office after 30 days of notification, you are deemed to have rejected the product, but no refunds will be made to you.
  6. You must receive the product personally by producing your NRIC (or other identification document we may require) to our delivery agent for verification purpose. We will not be liable and/or responsible to ensure that you have received the product. However, for any product other than prepaid products, if you are not available to receive your order personally, we allow you to nominate an alternative contact person (“Nominee”) to do so on your behalf at the same delivery address. You agree that such Nominee is authorized to receive your order if our delivery agent has verified the information of the Nominee against his/her NRIC (or other identification document we may require).
  7. You also agree that we are not liable to you for doing so and our obligation to deliver your order to you would have been fulfilled. You or your Nominee must inspect the product packaging to verify that the product packaging is not damaged, and the product description fulfils your order. If the product packaging is damaged or the product description does not match your order, you or your Nominee must reject the product immediately. We will exchange the validly rejected product pursuant to our Return Policy. Once the product is accepted, we will not in any way be accountable or responsible for any defects, unless the Terms of Use of the Return Policy are met.
  8. Risk in the product you ordered pass to you upon delivery. If you fail to accept the delivery for the second time, risk is deemed to have passed to you on the date of the second failed delivery attempt. We are not liable for any loss after risk passes to you.
  9. There will be no refund for the product once payment is successful, for any reason whatsoever. However, you may be eligible for exchange under our Return Policy.

9.4 Return Policy for Exchange (Return Policy)

  1. We accept the return of a product for exchange only if such sim card damaged or missing upon delivery (“Failure”).
  2. Within 48 hours from your receipt of the product, you must notify us of the Failure only via our WABA Live Agent or our hotline at 1300 888 010.
  3. The time and date of receipt as reflected in the records of our delivery agent are final, binding and conclusive for the purposes of the Return Policy.
  4. You must follow the steps to troubleshoot the Failure issue as guided by our Live Agent representative and provide us with information as we reasonably require.
  5. If the Failure persists upon the completion of the troubleshooting, we agree to exchange the faulty product with a replacement product.
  6. You will be contacted by our representative on the details of the exchange.
  7. Exchange is subject to availability of the replacement product.
  8. You agree to keep the product in its current condition available for us (or our agent) to inspect within a reasonable time.
  9. You must return the product to be exchanged to us in its original condition together with all accessories, manual and packaging. If we find that the product has:
  10. been misused, abused or subjected to neglect, improper or inadequate care, carelessness, damage or abnormal Terms of Use; or
  11. been involved in any accident or damage caused by an incorrect attempt at modification or repair; or
  12. been dealt with or used contrary to our or the manufacturer’s instructions for the product;You must return the product to be exchange.
  13. We may at our discretion decide not to exchange the product without any liability to you.
  14. Estimated delivery timeline for replacement product is 10 working days.
  15. We may charge you an administrative fee to cover any cost we incur in connection with your request under the Return Policy.
  16. You acknowledge that the exchange of the product is your sole remedy if you qualify for a replacement product under the Return Policy.

9.5 Live Chat Agent

  1. You may stop using the live chat service at any time.
  2. Your conversation via the live chat service may be recorded for quality control and dispute handling reasons.
  3. You acknowledge and consent to the recording of such conversation via the live chat service and the said usage and agree that the recorded communications remain our property.
  4. You agree that you will not challenge the validity, admissibility, or enforceability of the recorded conversations on the basis that they are in electronic form.
  5. You accept and acknowledge that any communications via the live chat service and information received by you pertaining to your instructions may contain personal information and/or information pertaining to your accounts, including personal data, and we shall not be responsible or liable to you for any possible release, loss, or interception of such personal information and/or information.
  6. You are responsible for the security of your electronic equipment and the confidentiality of your information.
  7. We reserve the right to suspend and/or terminate your use of the live chat service at any time at the Bank’s sole and absolute discretion without prior consent or notice.

 

10.0 Disclaimer

10.1 The WABA is provided on an “As Is” and “As Available” basis without express or implied warranties, claims or representations made by XOX of any kind either expressed, implied or statutory with respect to the services, including, without limitation, warranties of quality, performance, non-infringement, merchantability, or fitness for a particular purpose, nor are there any warranties created by course of dealing, course of performance or trade usage. without limiting the foregoing and to the maximum extent permitted by applicable law. XOX does not warrant that the WABA or its services or functions contained therein will be available, accessible, uninterrupted, timely, secure, accurate, complete or error-free, that defects, if any, will be corrected, or that the services and/or the server that makes the same available are free of viruses, clocks, timers, counters, worms, software locks, drop dead devices, trojan-horses, routings, trap doors, time bombs or any other harmful codes, instructions, programs or components.

10.2 You acknowledge that the entire risk arising out of the use or performance of the WABA and/or the services remains with you to the maximum extent permitted by applicable law.

10.3 Subject to any applicable law which cannot be excluded, we make no representations or warranties as to the accuracy or completeness of material on WABA and excludes all warranties whether express or implied relating in any way to WABA or to your use of WABA.

10.4 You acknowledge that the material on WABA should not be taken as an inducement or invitation to invest or otherwise deal in the shares of companies related to XOX Bhd nor relied upon for any specific purpose.

10.5 To the extent permitted by law, XOX Bhd and its related corporations and their respective directors, employees, officers, agents and contractors exclude all liability whether in contract or tort (including liability for negligence) for any loss or damage (including without limitation, direct, indirect, special or consequential loss or damage) or otherwise arising from the use or reliance on any content or products and services available on or using WABA whether or not this is caused by a negligent act or omission. If we are prohibited at law from excluding our liability, we limit our liability to the extent permitted by law to resupplying the material or the relevant service.

 

11.0 Confidentiality

11.1 By using our services in conjunction with WhatsApp Business, users acknowledge and accept the inherent risks associated with the transmission and processing of personal data over digital platforms. However, we will ensure that all information collected will be safely and securely stored, utilizing encryption technology when processing your personal details.

11.2 Any comments, suggestions, feedback, questions, ideas or other material you send or post to WABA by any means may not be secure during its transmission over the internet. They will be treated as non-confidential information and non-proprietary and you agree that we may use, reproduce, publish, modify, adopt and transmit them to others in conducting our business, including but not limited to marketing our products and services.

 

12.0 Discontinuation

12.1 We may stop making WABA, or a part of WABA, available at any time with or without notice.

12.2 Notwithstanding paragraph 12.1, we may also immediately suspend, terminate or limit your access to WABA if you are in breach of the Terms of Use or any other applicable terms and Terms of Use, rules, policies, regulations and law or there is an emergency or for operational or regulatory reasons or for whatever reason we deem fit.

 

13.0 Communication

13.1 As part of some WABA services that are available via WABA, we may communicate with you via email, or an SMS, or both, to an email address or a mobile phone number nominated by you subject to the following:

  1. you are responsible for ensuring that your contact details for the online services are current, your email service or mobile phone account is operational and that you check your emails or mobile phone regularly for messages; and
  2. you must notify us of any changes to your contact details for the online services using the online method provided by us.

13.2 Alternatively, we may choose to also give you notice by another method. In such event you should not presume that this will be the case all the time.

 

14.0 Liability

14.1 XOX has no control over and, to the maximum extent permitted by applicable law, does not guarantee or accept any responsibility for: (a) the fitness for purpose, quality or existence of WABA via the services.

14.2 XOX cannot and does not guarantee continuous or secured access to the WABA and its services, and operation of WABA may be affected by numerous factors outside of XOX’s control. As such, XOX shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through this website. Specifically, you agree that the company is not liable or responsible for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another’s rights, including intellectual property rights. Specifically, you also agree that XOX is not responsible for any content sent using the communication services and / or included in this website by any third party. In no event shall XOX be liable for any special, incidental, indirect, or consequential or punitive damages of any kind, or any damages whatsoever, whether in contract, tort, strict liability or otherwise, including without limitation, those resulting from: (1) reliance on the materials presented, (2) costs of replacement products, (3) loss of use, data or profits, (4) delays or business interruptions, (5) negligence, (6) and any theory of liability, out of or in arising connection with the use of, inability or to use this website, whether or not the company has been advised of the possibility of such damages.

14.3 you understand and accept that the content displayed on this WABA is provided without any guarantees, Terms of Use or warranties as to its accuracy. Unless expressly stated to the contrary and to the fullest extent permitted by law, XOX and its suppliers, content providers and advertisers hereby expressly exclude all Terms of Use, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this WABA and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. It shall be your responsibility to evaluate the accuracy, completeness and usefulness of any information and provided, and use of the WABA is solely at your own risk. XOX shall not be liable to you either in tort, contract, negligence or otherwise for any loss, damage, injury or expense, howsoever arising, out of or in connection with the supply or use of the products. Under no circumstances will XOX be liable for any loss of profits, loss of data or for any other special, indirect, incidental or consequential damages, whether foreseeable or unforeseeable, based on claims of a user or whether in action for contract, breach of warranty, tort or otherwise.

14.4 you acknowledge and agree that your only right with respect to any problems or dissatisfaction with the services is to request for termination of your account and/or discontinue any use of the WABA and/or its services.

 

15.0 General Terms

15.1 XOX do not take any responsibility or agree to indemnify you for losses you suffer arising from the modified Terms of Use or your own failure to keep yourself updated on the modifications to the Terms of Use, and you irrevocably agree to hold us harmless or indemnify us from any losses that you may suffer therefrom.

15.2 For the avoidance of doubt, newer versions of the Terms of Use and/or Policies supersede older versions, unless otherwise stated by XOX.

 

16.0 Notices

16.1 All notices or communications shall be given or made in writing, and shall be delivered personally, or sent by courier/registered mail, addressed to XOX at Lot 17.1, 17th Floor, Menara Lien Hoe, No.8, Persiaran Tropicana, Tropicana Golf & Country Resort, 47410 Petaling Jaya, Selangor Darul Ehsan, Malaysia or email at enquiries@XOX.com.my.

 

17.0 Governing Law

17.1 These Terms of Use shall be governed by and construed in accordance with the laws of Malaysia. Both XOX and you hereby agree to submit to the non-exclusive jurisdiction of the courts of Malaysia.

 

18.0 Relationship

18.1 Nothing in these Terms of Use shall create or be deemed to create a partnership, an agency or a relationship of employer and employee between you and XOX.

 

19.0 Severability

19.1 If any provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, invalid or unenforceable, such provision or a part thereof shall be severed to the extent affected and the remaining provisions shall remain in full force and effect.

 

20.0 Assignment

20.1 Neither party shall not assign or otherwise transfer any or all of its rights arising out of this Terms of Use without written notice to other party.

 

21.0 Waiver

20.1 Failure by XOX to insist upon or enforce strict performance of any of these Terms of Use shall not be construed as a waiver of any provision or right.

22.2 References to “us”, “our” or “we” mean XOX Com Sdn Bhd (Company Registration: 200501027788 (709922-X)) and includes any entity controlled by, or under common control of XOX Group.

 

 

Last updated on 02nd May 2024.