MAXIS DEVICE PROTECTION
Service Program Terms & Conditions
Plan pricing:
Device Tier
(Unsubsidized retail value
at the time of initial purchase)
Monthly
Service Fee
Replacement
Service Fee
RM0.00 - 1,000.00
RM15.00
25% of device retail value at
time of service request
Over RM1,000.00
RM29.00
RM200.00 for Glass
Breakage replacement
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In-Warranty Service Fee
RM100.00
All fees are subject to applicable tax.
For a complete schedule of Plan costs, ask a MAXIS sales representative or visit www.brightstarprotect.com/MAXIS.
For a complete list of Eligible Wireless Products and their device tier, ask a MAXIS sales representative or call Customer Service at
1-800-886-888 or 123 from Your mobile device.
Plan Benefits:
We agree to repair or replace the Covered Equipment that has incurred an Incident from the causes shown below and reported during
the month for which the Enrolled Subscriber has paid the required Monthly Service Fee.
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Accidental Damage: replacement service request arising out of Accidental Damage to Covered Equipment due to external causes
except where specifically excluded by the Program.
Theft: replacement service request arising out of any loss of Covered Equipment due to Theft except where specifically excluded by
the Program.
Unauthorized Calls: cost of unauthorized calls, messages, or internet downloads incurred by You as a result of Theft of Covered
Equipment but subject to a limit of RM500.00, provided the occurrence is reported to MAXIS within 24 hours of awareness of loss.
Overseas Temporary Rental Cost: cost of rental of temporary equipment for a maximum rental period of sixty (60) days for any one
visit, but subject to a limit of RM500.00 following an Incident of the Covered Equipment while You are outside Malaysia.
In-Warranty: service arising out of Mechanical or Electrical Failure of the Covered Equipment during manufacturer’s warranty period.
Extended Warranty: service arising out of Mechanical or Electrical Failure of the Covered Equipment commencing on the day after the
expiry of the manufacturer’s warranty. Mobile Device Protection Contract. These Service Program Terms & Conditions, together with Your monthly bill (the “Monthly
Service Fee”) from MAXIS, confirmation of enrollment either by email or text message, applicable payment provisions under Your
MAXIS w i r e l e s s service agreement, and applicable written communications from Us to You collectively comprise Our Contract (the
"Contract"). The Contract governs the Plan, so You should keep these Service Program Terms & Conditions and all of the other
documents that comprise the Contract for future reference. The Contract and Your wireless service agreement with MAXIS are, and shall
remain, separate agreements, but in order to maintain service under the Contract You must also maintain Your wireless service with
MAXIS. If any portion of the Contract is deemed invalid or unenforceable, it shall not invalidate the remaining portion of the Contract.
As used in this Contract, “We”, “Us”, and “Our” means MAXIS, the company obligated under this Contract. “You” and “Your” refers to
the MAXIS account holder that purchased this Contract. This Contract is purchased in and governed by the laws of Malaysia.
Definitions. (1) “MAXIS” means Maxis Mobile Services Sdn. Bhd. (2) “Covered Equipment” means the Eligible Wireless Product
owned or leased by You. The Covered Equipment, designated by You at the time of enrollment and identified by the International
Manufacturer’s Equipment Identification (IMEI), Electronic Serial Number (ESN) or Mobile Equipment ID (MEID), must be actively
registered in Your name in MAXIS’ records and have logged airtime after being enrolled in the Plan. Covered Equipment is limited
to one Eligible Wireless Product and applicable Covered Accessory(ies) per replacement. If You have used a different Eligible Wireless
Product on Your mobile number immediately prior to the time of an Incident, the Covered Equipment is the Eligible Wireless Product (1)
for which You have used on Your mobile number immediately prior to the time of an Incident; and (2) for which You have provided a
proof of purchase or lease to Us. If there is a difference in Equipment Tier, additional fees may apply. (3) “Covered Accessory(ies)”
means the accessories that come standard in the original device packaging. (4) “Eligible Wireless Product(s)” means the wireless
device that We have designated as eligible for service under the Plan as set forth in the list of Eligible Wireless Products and
device tier available from Us, which can be found in MAXIS stores or by calling 123 from Your mobile device or 1-800-886-888. (5)
“Incident” means the occurrence of Theft, Accidental Damage, Manufacturer’s Warranty or Mechanical or Electrical Failure of the Covered
Equipment during the time the Contract is in effect. (6) “Replacement Equipment” means a wireless device of like kind and quality with
comparable features and functionality to the Covered Equipment which We provide to You in the event of an Incident of the Covered
Equipment. Replacement Equipment becomes Covered Equipment once it has been delivered to You. (7) “Effective Date” means the
date Your request for enrollment is received by Us or Our authorized representative. You may enroll an eligible device up to 5 days after
the date of purchase. We reserve Our right to inspect Your non-new device prior to enrollment and to deny enrollment if it is found to be
ineligible. (8) The “Plan” means the Mobile Protection Plan program in which You are enrolled providing repair or replacement service for
an Incident of the Covered Equipment, as described in this Contract. (9) The “Named Insured” means Brightstar Supply Chain Services
Sdn Bhd. (10) The “Airtime Service Provider” means Maxis Mobile Services Sdn Bhd. (11) “Authorised Service Facility” means the
location or locations that serve as a repair or replacement facility for the program and supply replacements for Covered Equipment. (12)
“Computer Virus” means any unauthorized programming or intrusive codes that are entered by any means into covered data processing
equipment, media, software, programs, systems or records and interrupt the operations of Covered Equipment. (13) “Enrolled Subscriber”
means the customer of the Named Insured who has elected to accept the protection offered by the Named Insured as part of a sales
agreement with the Named Insured and who has paid all applicable fees due with respect to the Covered Equipment. (14) “Mechanical or
Electrical Failure” means failure of Covered Equipment to operate due to faulty part(s) or workmanship when operated according to the
manufacturer’s instructions. (15) “Terrorism” means an act, including but not limited to, the use of force or violence and/or the threat
thereof, of any person or group(s) of persons, whether acting alone or on behalf of or in connection with any organisation(s) or
government(s), committed for political, religious, ideological or similar purposes including the intention to influence any government and/or to
put the public, or any section of the public, in fear. (16) “Pollutants” mean any solid, liquid, gaseous or thermal irritant or contaminant,
MAXIS Form MAX2000 (ED. 05/14)
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including smoke, vapour, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or
reclaimed. (17) “Glass Breakage” means the breakage of the Covered Equipment’s screen due to an accidental or unintentional drop,
knock, or external impact or pressure, leading to loss of functionality and excluding Cosmetic Damage. (18) “Accidental Damage” means
any direct and accidental damage including damage, accidental destruction that is externally visible and which prevents the correct
operation of the Covered Equipment, Glass Breakage, physical loss, damage, or destruction caused by an Accident. (19) “Accident” means
a known and identifiable but unintended, sudden and unforeseen event. (20) “Theft” means the dishonest appropriation of Covered
Equipment belonging to the Enrolled Subscriber while the equipment is in the possession of the Enrolled Subscriber or on his or her person
or authorised person, with the intention of permanently depriving the Enrolled Subscriber of that equipment. (21) “Replacement Service
Fee” means the amount the Enrolled Subscriber pays towards his or her service request. What is Covered. If the Covered Equipment suffers an Incident during the time the Contract is in effect, at Our sole discretion, We will
repair or replace the Covered Equipment. If an Incident affects a Covered Accessory in conjunction with the Incident of the Covered
Equipment, or if the Covered Equipment is replaced with a different model, We will also replace or repair the Covered Accessory(ies).
Covered Equipment will be replaced or repaired with a wireless device of like, kind and quality with comparable features and
functionality to the Covered Equipment. THERE IS NO ASSURANCE, REPRESENTATION, OR WARRANTY THAT ANY
REPLACEMENT EQUIPMENT WILL BE IDENTICAL OR OFFER THE SAME FUNCTIONALITIES OR COLOR AS THE ITEM BEING
REPLACED. REPLACEMENT EQUIPMENT WILL BE NEW, REMANUFACTURED OR REFURBISHED, AT OUR SOLE DISCRETION.
The Replacement Equipment becomes the Covered Equipment immediately upon delivery to You. If We replace o r r e p a i r Y our
equipment under the Plan, We reserve the right to take possession and ownership of Your defective Covered Equipment. You
hereby assign to Us all rights and benefits of any manufacturer’s warranty or other ancillary service relating to any Covered Equipment
that We replace.
Manufacturer’s Warranty. This Plan complements and may overlap with the manufacturer’s warranty, which is typically valid for one
year from the purchase date of Your device. Some devices may have a longer or shorter manufacturer’s warranty. Please refer to the
manufacturer’s warranty provided with Your wireless device or through the manufacturer’s website to understand what protection is
offered and the duration of the manufacturer’s warranty.
Agreement and Notice of Material Change. You agree to all the provisions of the Contract, including but not limited to these Service
Program Terms & Conditions, when You order the Plan and/or pay for it. Subject to applicable law, in the event of any material change
in the service terms, Monthly Service Fee, Replacement Service Fee or Manufacturer’s Warranty Service Fee, unless such change is
more favorable to You, You will be provided thirty (30) days advance notice of such changes. Such notice may be provided by any of
the following methods: email, text message, in a separate mailing, or by any other reasonable method, at Our sole discretion. Such
notice will set out the effective date of the material change. Your continued use of the Plan and payment of the charges after such
notice constitutes Your acceptance of the changes. Your participation in the Plan is optional and You may cancel the Plan at any time.
Please refer to the Cancellation section of the Contract.
Contract Service Period. Your service benefits under the Plan begin on the Effective Date and continue from month to month unless
terminated by You or by Us in accordance with Cancellation section of the Contract. We will discontinue all monthly costs for the Plan at
such time.
Charges. You agree to pay Your Monthly Service Fee for each month on the same terms and conditions as set forth under this
Contract. Applicable replacement service fees, non-covered failure charges, shipping and restocking charges, taxes, and regulatory
surcharges and assessments, if any, may be added to Your Monthly Service Fee or, at Our sole discretion, collected from You prior to
providing Replacement Equipment.
To Obtain Service. In the event of any Incident of Covered Equipment, You may file a service request by calling 1-800-886-888 or
visiting www.brightstarprotect.com/MAXIS. In the event that Covered Equipment has suffered Theft, the Enrolled Subscriber must first
notify MAXIS to suspend service before submitting the service request.
You must file the service request within seven (7) days of the Incident. If the Incident is not reported within seven (7) days, Your service
request will be forfeited and no Replacement Equipment will be available under the Contract. You must provide Us with all of the
necessary information required to approve replacement of the Covered Equipment and pay Your Replacement Service Fee within fifteen
(15) days of reporting the Incident. If Your service request is approved, We will provide the Replacement Equipment within two (2) to ten
(10) business days. Failure on Your part to provide Us the necessary information and pay the Replacement Service Fee within fifteen
(15) days of the date that You report the Incident to Us will result in forfeiture of Your service request. WE MAY REQUIRE, AS A
CONDITION OF APPROVAL OF YOUR SERVICE REQUEST, THAT YOU PROVIDE PROOF OF PURCHASE OR LEASE FOR THE
COVERED EQUIPMENT AND/OR YOUR GOVERNMENT- ISSUED PHOTO I.D., A COPY OF YOUR WIRELESS BILL, A N D / OR
OTHER DOCUMENTATION OR INFORMATION AS REASONABLY NECESSARY TO ESTABLISH YOUR IDENTITY AND RIGHT TO
SERVICE. We also retain the right to inspect the Covered Equipment as a condition of approval of Your service request.
Record Authorization. It is expressly agreed and understood that by accepting this Contract, You understand and authorise Us to
access Your account records for service request handling and Plan validation purposes.
Replacement Service Fee. A non-refundable Replacement Service Fee applies to each approved replacement of the Covered
Equipment, except approved replacement of Covered Equipment related to the Manufacturer’s Warranty. The Replacement Service
Fee for the first Glass Breakage service request is RM200.00. The Replacement Fee for service requests for any other Incident,
including additional Glass Breakage service requests, is 25% of the Covered Equipment’s retail value at the time of the service request.
The Replacement Service Fee may be included with Your Monthly Service Fee or, at Our sole discretion, collected from You prior to
providing Replacement Equipment. A complete list of Eligible Wireless Products is available by visiting any MAXIS store or by calling 123
from Your mobile device or 1-800-886-888.
In-Warranty Service Fee: A non-refundable In-Warranty Service Fee applies to each approved replacement of the Covered
Equipment under Your Manufacturer’s Warranty benefit. The In-Warranty Service Fee is RM100 for any Covered Equipment. The InWarranty Service Fee may be included with Your Monthly Service Fee or, at Our sole discretion, collected from You prior to providing
Replacement Equipment.
MAXIS Form MAX2000 (ED. 05/14)
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Service Limits. The benefit under this Contract for each and every Incident shall not exceed the recommended retail price of the
equipment at the time of the Incident and is subject to a maximum of two (2) valid service requests for any Incident during any
consecutive twelve (12) month period, and, additionally, a maximum of one (1) Glass Breakage service request during any consecutive
twelve (12) month period. Monetary Reimbursement Option
At Our sole discretion, in the event of a valid service request for any Incident, the We shall have the right to issue a voucher to You.
Such voucher shall be redeemable at an Authorised Service Facility. The voucher amount will equal the difference between the retail
value of the Covered Equipment at the time of the service request and the Replacement Service Fee or the Manufacturer’s Warranty
Service Fee, as applicable.
Return of Replaced Equipment/ Non-Returned Equipment Fee. Covered Equipment approved for replacement must be returned to
Us at Our shipping expense in the return mailer included with Your Replacement Equipment a t t h e t i m e o f r e c e i p t o f Y o u r
R e p l a c e m e n t E q u i p m e n t . The Covered Equipment We replace becomes property of MAXIS and You hereby assign to Us all
rights and benefits of any manufacturer’s warranty or other ancillary service relating to any Covered Equipment that We replace. If We do
not receive Your original equipment within fifteen (15) days from the date of delivery of Replacement Equipment, You will be charged a
Non-Returned Equipment Fee as shown in the table below. YOU MAY AVOID THIS CHARGE BY SIMPLY RETURNING THE FAILED
PROPERTY AS INSTRUCTED. Device Tier
Non-Returned
Equipment Fee
RM0 – 1,000
RM300
RM300
RM300
EXCLUSIONS
We will not pay for any Incident caused directly or indirectly, in whole or in part, by any of the following exclusions. The following
events or occurrences are excluded regardless that any other cause or event contributes concurrently or in any sequence to the
excluded event or occurrence.
1.
Governmental Authority
Seizure or destruction of Covered Equipment by order of governmental authority.
2.
Nuclear Hazard
Nuclear reaction or radiation, or radioactive contamination, howsoever caused.
3.
War, including
a. Undeclared or civil war;
b. Warlike action by military force; or
c. Insurrection, rebellion, revolution, usurped power or action taken by the governmental authority in hindering or defending
against any of these.
4.
Terrorism
Any act of Terrorism.
5.
Obsolescence
Obsolescence or depreciation of the Covered Equipment.
6.
Recall or Design Defect
a. Manufacturer’s recall; or
b. Error or omission in design, programming or system configuration.
7.
Cosmetic Damage
Cosmetic damage, howsoever caused, that does not affect the manufacturer’s intended use. This includes but is not limited
to:
a. Cracking, marring or scratching;
b. Change in colour or other change in the exterior finish; and/or
c. Expansion or contraction.
8.
Service request Reporting
An Incident from any cause if the Enrolled Subscriber fails to report a service request, or fail to timely report a service
request, as required by this Contract.
9.
Programming, Repair work
Programming, cleaning, adjusting, repairing, modifying, installing, servicing, maintaining or performing any other work upon
Covered Equipment that is intended to alter, improve, maintain or enhance the performance of the equipment.
10.
Computer Virus
Computer Virus or any other malicious code or similar instruction that:
a. disrupts the normal operation of the Covered Equipment; and/or
b. results in destruction of or unsuitability of data or programs stored in the Covered Equipment.
11.
Voluntary Parting
Voluntary parting with Covered Equipment by the Enrolled Subscriber or by any person entrusted with the Covered
Equipment, whether or not induced to do so by any fraudulent scheme, trick, device or false pretence.
12.
Intentional Loss or Damage
Abuse, intentional acts or use of the Covered Equipment in a manner inconsistent with the use for which it was designed,
intended or advised by the manufacturer or that would void the manufacturer’s warranty.
13.
Failure to Mitigate
Failure to do what is reasonably necessary to minimise loss from an Incident and to protect the Covered Equipment from
any further Incident.
14.
Pollution
Involving pollutants.
15.
Outside of Service Period
a. An Incident that takes place before equipment is Covered Equipment;
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16.
17.
18.
19.
20.
21.
b. An Incident that takes place in any month for which the Enrolled Subscriber has not paid the required Monthly Service
Fee; or
c. An Incident that takes place after the effective date of cancellation of any enrollment.
Wear and Tear, Prior Damage
Normal wear and tear, gradual deterioration, any latent defect or any condition existing prior to the enrollment date of the
Enrolled Subscriber.
Theft:
a. from any unattended premises;
b. of Covered Equipment left unattended in a public place or place to which the public had access at the time of theft;
c. malicious damage occurring at a primary or secondary school whilst in possession of a child; or
d. if the Covered Equipment is stolen from an unattended vehicle, soft-top or open sided vehicles including watercraft,
aircraft, train, or light rail.
Mysterious damage
Accidental Damage where no actual known or identifiable event or occurrence can be attributable to causing the damage to
the Covered Equipment.
Consequential loss or damage
Loss of use, consequential loss, or consequential damages of any kind.
Fraudulent Service Requests
If the proposal or declaration of the Enrolled Subscriber is untrue in any material aspect or if any service requests made by
the Enrolled Subscriber is fraudulent or intentionally exaggerated or if any false declarations or statements is made in
support thereof, then this Contract shall be void and the We shall not be liable to make any payment hereunder.
Service Request Reporting
An Incident from any cause if the Enrolled Subscriber fails to report, or fails to timely report, as required by this Contract.
Cancellation. You may terminate the Contract at any time for any reason by calling Us at 123 from Your mobile device or
800-886-888 or visiting any MAXIS store location to request cancellation. You will not be entitled to any Monthly Service Fee refund.
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We may terminate the Contract for any reason by notifying You in writing at least ten (10) days prior to the effective date of cancellation,
which notice shall state the effective date and grounds for cancellation. We may terminate the Contract immediately if You default on any
of Your obligations, including but not limited to, failure to pay Your Monthly Service Fee, commit fraud, or intentionally conceal or
misrepresent a material fact concerning Your enrollment, Covered Equipment, or service request.
If You or We terminate the Contract, We will discontinue all monthly charges for the Plan as of the next billing cycle.
Ineligible Enrollment. If We determine that a device other than an Eligible Wireless Product has been enrolled in the Plan, We may
cancel the Contract by notifying You in writing. Upon the occurrence of an ineligible enrollment, We will provide a refund of all paid
Monthly Service Fees, less the value of any replacement received.
Electronic Delivery. You expressly and knowingly agree and consent to permit Us to make disclosures and provide notices to You in
electronic form, including but not limited to email and text messaging, instead of providing such notices and disclosures in hardcopy by
post mail. Your consent and agreement shall relate to all forms, disclosures, and notices required under applicable law and shall remain
valid until such time as You may exercise Your right to revoke this consent by notifying MAXIS.
Limits of Liability. In the event of any error, omission or failure by Us or Our agents or service providers with respect to the Plan or the
services provided by Us or Our agents or service providers hereunder, OUR RESPONSIBILITY AND LIABILITY AND THAT OF OUR AGENTS
AND SERVICE PROVIDERS SHALL BE LIMITED TO THE CHARGES ACTUALLY PAID BY YOU FOR THE PLAN (BUT NO MORE THAN THE LAST
TWENTY-FOUR (24) MONTHLY CHARGES YOU PAID FOR THE PLAN). THIS IS YOUR SOLE REMEDY FOR ANY ERRORS, OMISSIONS OR FAILURE
OF US OR OUR AGENTS’ OR SERVICE PROVIDERS’ PERFORMANCE. FURTHER, UNDER NO CIRCUMSTANCES SHALL WE OR OUR AGENTS
OR SERVICE PROVIDERS BE LIABLE FOR ECONOMIC LOSSES, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR
PUNITIVE DAMAGES (EVEN IF WE OR OUR AGENTS OR SERVICE PROVIDERS HAVE BEEN ADVISED OF OR HAVE FORESEEN THE
POSSIBILITY OF SUCH DAMAGES), ARISING FROM THE PLAN OR OUR OR OUR AGENTS’ OR SERVICE PROVIDERS’ PERFORMANCE
UNDER THE PLAN, OR UNDER ANY PROVISION OF THE CONTRACT, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED
PROFITS OR LOST BUSINESS. EXCEPT AS OTHERWISE EXPRESSLY STATED IN THE CONTRACT OR REQUIRED BY LAW, WE HEREBY
SPECIFICALLY DISCLAIM ANY AND ALL CONDITIONS, REPRESENTATIONS OR WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, REGARDING
THE PLAN AND SERVICES TO BE PROVIDED HEREUNDER BY US AND OUR AGENTS OR SERVICE PROVIDERS, INCLUDING ANY IMPLIED
WARRANTY OF TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF
DEALING OR COURSE OF PERFORMANCE.
Force Majeure. We have no responsibility for delays or failures due to acts of God, fire, flood, explosion, war, revolution, acts of public
enemy or terrorist, labour difficulties, including without limitation strikes, slowdowns, picketing or boycotts, civil commotion, embargo,
acts of government, military authority, or the elements, or other causes beyond Our reasonable control, and in such event, We may
cancel the Contract and the Plan immediately.
Prohibitions on Transfer and Abuse of the Plan. The Plan is for Your use only. It is not transferable by You to any other person, and
may not be assigned by You. Wireless devices owned or leased by anyone other than You may not be made Covered Equipment.
Any abuse of the Plan by You, including but not limited to seeking replacement of a wireless device not belonging to You, may result in
termination of the Plan upon notice.
Concealment, Misrepresentation of Fraud. The coverage provided by this Contract is void with respect to any Enrolled Subscriber
who commits fraud or intentionally conceals or misrepresents a material fact concerning, this Contract, the Covered Equipment, the
Enrolled Subscriber’s interest in the Covered Equipment, or a service requested under this Plan.
Legal Action Against Us. No one may bring legal action against Us under this Contract unless there has been full compliance with all
terms of this Contract.
MAXIS Form MAX2000 (ED. 05/14)
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