TERMS AND CONDITIONS FOR MAXIS INSURANCE Premium conversion to M-money M-money account will be automatically created for you upon successful purchase of an insurance policy. The insurance premium will be charged to your postpaid bill or Hotlink airtime. The premium amount will be automatically converted into M-money. 1. Creation of M-money account 1.1 An M-money account is immediately created for you when we receive your request to purchase a product or services provided by us under the Mmoney scheme using either one of the following payment instructions: (a) deduction via your prepaid mobile phone service; or (b) direct debit to your postpaid mobile phone account. 1.2 Your M-money account is created based on your personal information provided to us in the registration form for postpaid Customer or at the time you register to be a prepaid Customer, as the case may be ("Personal Information"). You are responsible to ensure that your Personal Information is correct at all times. We shall not be responsible whatsoever for any inaccuracy of your Personal Information. You must contact our Customer Service Centre or if required to do so to present yourself at a Maxis Centre to inform and/or update us as soon as possible of any changes in your Personal Information. Your Personal Accident ("PA") Insurance is subject to the following terms and conditions: 1. The terms and conditions herein governs the use of the PA insurance and shall be read together with the General Terms & Conditions (which includes terms and conditions for Website Use, Rules of Acceptable Use and Privacy Statement) and the terms and conditions of the Agreement for Maxis Services (including without limitation Postpaid Service and/or Prepaid Service), which may be updated by MMSSB from time to time. The current Page 1 of 21 version of these terms and conditions can be viewed at http://www.maxis.com.my/personal/general/tnc_main.asp. 2. The PA insurance offered by us is underwritten by ACE Synergy Insurance Berhad ("ACE"). 3. Purchase of PA insurance a. We shall upon receipt of your instruction from the available purchase channels to purchase any PA insurance, immediately create an M-money account for you and you agree that you shall be bound by the terms and conditions for M-money. Upon successful purchase, you shall be bound by the terms and conditions herein and shall be read together with the terms and conditions of the Certificate of Insurance. You are responsible to pay the premium for the PA insurance ("Premium") purchased. We will try to charge the Premium upon expiry of your PA insurance coverage period on a recurrence basis via any Payment Method (as hereinafter defined) to extend your PA insurance coverage for another thirty (30) days until you cancel your PA insurance policy or your PA insurance policy is cancelled or terminated under the terms and conditions of the Certificate of Insurance or upon termination of your mobile account. We shall use our best endeavour to remind you prior to the expiry of your PA insurance coverage period via an electronic channel. Payment of Premium is based on either one of the following methods ("Premium Method"): i. If you are a prepaid subscriber, by way of deducting your prepaid mobile phone airtime; or ii. If you are a postpaid subscriber, by way of direct debit to your postpaid mobile phone account. You are responsible to ensure: i. If you are a prepaid subscriber, that there is sufficient airtime on your prepaid mobile phone account at all times; or ii. If you are a postpaid subscriber, that your postpaid account is active at all times, in order for us to charge the Premium using the Payment Method stated in paragraph 3(d) above. b. c. d. e. f. g. Page 2 of 21 h. You may cancel your PA insurance policy at any point of time by giving us instruction in the prescribed manner provided always that you are not entitled to a refund of any Premium paid and your PA insurance coverage shall continue until the expiry date. i. You are not entitled to a refund of any Premium paid and your PA insurance coverage shall continue until the expiry date. j. The PA insurance offer is eligible to registered Principal line holder only with a minimum of 6 months tenure with Maxis. 4. Information a. You are solely responsible to ensure that your Personal Information is correct at all times. Maxis shall not be responsible whatsoever for any inaccuracy in your Personal Information. You must contact our Customer Service Centre or if required, to walk in to any of Maxis Centre in order for you to inform and/or update us as soon as you are aware of any error in your Personal Information or if there is a change to your personal information, as the case may be. If your Personal Information on our website for the insurance service or the one provided to you prior to confirmation of purchase for a PA insurance policy is incorrect, you must, prior to completing the purchase transaction, submit the correct personal information, failing which, the details in the PA policy shall be accepted on an as-is basis. You hereby expressly consent us to share the information necessary for purpose of the PA insurance policy. b. c. d. 6. Others a. Any failure by Maxis to enforce any of the terms and conditions herein shall not operate as a waiver of Maxis's rights contained herein. By purchasing the PA insurance policy herein, you consent and allow us to use and/or disclose the information under the PA policy for any purposes deemed necessary including but not limited to marketing and promotion purposes of any other insurance products, or disclosure under the law or in compliance to any laws and regulations. We shall not be held liable for any loss or damage suffered by you or any third parties arising from the purchase of the PA insurance policy. b. c. Page 3 of 21 d. We reserve the right to modify, vary, amend and/or delete any part or the whole of the terms and conditions herein without prior notice. Page 4 of 21 TERMS AND CONDITIONS FOR M-MONEY 1. General 1.1 These Terms and Conditions are supplemental to the terms and conditions contained in the Agreement for Maxis Services made between the Customer and MMSSB [Maxis Mobile Services Sdn Bhd (73315-V) formerly known as Malaysia Mobile Services Sdn Bhd (733151-V)]. 1.2 By registering, accessing and using M-money, the Customer shall be subject to and hereby agrees to be bound by the provisions of the General Terms & Conditions(which includes terms and conditions for Website Use,, Rules of Acceptable Useand Privacy Statement ) and the terms and conditions of the Agreement for Maxis Services (including without limitation Postpaid Service and/or Prepaid Service), which may be updated by MMSSB from time to time. The current version of these terms and conditions can be viewed at http://www.maxis.com.my/personal/general/tnc_main.asp. 1.3 Unless otherwise herein defined, words and expressions used or referred to in this terms and conditions shall have the same meaning defined in the Agreement. In the event of any inconsistency between the provisions of the Agreement and these terms and conditions, the provisions of these terms and condition shall prevail. 2. DEFINITIONS "Account's Expiry means the Customer (in respect of Prepaid Service Date" only) will only be able to receive calls, dial 122 and emergency numbers for a further 90 days until customer’s Service Cancellation Date; "Agreement" means these terms and conditions in respect of the Maxis Services; Page 5 of 21 "Available Balance" means the balance or remaining M-money that the Customers can use at any given time, subject to limits herein imposed; "Bank" means the authorized Bank participating in this Mmoney; "Bank Account" means the Customer’s account maintained by the Bank; "Bank Fee" means financial charges imposed by partner Banks for using their channels to perform Cash-in or Cashout transactions; "Cash-In" means the transaction of depositing money in exchange for M-money through channels designated by MMSSB; "Cash-Out" means the transaction of withdrawing money from M-money account through channels designated by MMSSB; "Cash-In/CashOut Outlet(s)" means the outlet(s), authorised by MMSSB, where the Customer may perform their Cash-In and/or Cash-Out transactions (to be determined by MMSSB ; "Cash/Remittance means merchants, vendors, persons, corporations or Merchant" entity authorized by MMSSB to provide Cash-In services to the Customers; "Current Balance" means M-money inclusive of any pending transactions; "Customer(s)" means subscriber(s) registered for the Maxis Services; "Daily Transaction Limit" means the aggregated amount of M-money that can be transacted in any one (1) day; “M-money” means the electronic equivalent of physical money which has the same par value within the System in Malaysian Ringgit (MYR); Page 6 of 21 "Electronic Device" means device such as electronic terminal used to send voice, video or text (such as mobile phones, wireless PDAs , personal computers equipped with microphones, speakers and cameras). “M-money account” means a personal account created by the Customer in the System that is used to store the M-money; “M-money account Limit” means the maximum amount of M-money that can be stored at a point in time; "MMSSB" refers to the Malaysian Mobile Services Sdn Bhd (73315-V); "MSISDN" means Mobile Subscriber Integrated Services Maxistal Network), which is the Mobile Phone number for which Maxis Service has been applied; "Maxis Account" means the account maintained on the Customer’s behalf by MMSSB in respect of the Postpaid Service or the Prepaid Service; "Maxis Service" means the Postpaid Service and Prepaid Service offered by MMSSB "Merchant" means merchants, vendors, persons, corporations or entity registered with MMSSB to provide goods and/or services to the Customers in exchange for Mmoney; “Mobile International Remittance” means the cross border transfer of M-money from M-money account to a beneficiary or beneficiary account located overseas; "Mobile Personal Identification Number" or "MPIN" means the six Maxists personal identification number selected by the Customer (relating specifically to the MSISDN) as the confirmation PIN for purposes of authorizing payment transactions; Page 7 of 21 "Mobile Phone" means any SIM (Subscriber Identification Module) card enabled mobile device bearing the mobile phone number from which one can access and use M-money from time to time; "Monthly Transaction Limit" means the aggregated amount of M-money that can be transacted for the month; "Overflow Balance" means M-money that had exceeded the M-money account maximum set limit; "Password" means a code to be used jointly with Username for access to M-money through website http:www.maxis.com.my or www.hotlink.com.my; "Person-toPerson Transfer" means transferring M-money from one M-money Account to another M-money Account; "Postpaid Service" means the postpaid products and services offered by MMSSB; "Prepaid Service" means the prepaid products and services offered by MMSSB; "SMS" means short messaging system where short text message sent to and from Mobile Phones in accordance with the prevailing standards prescribed; "SMS Fee" means the cost of sending an SMS by the Customer at the prescribed rate; "Service Cancellation Date" means the date on which the Maxis Services is cancelled or terminated. In the case of Prepaid Service, it shall mean and refer to the Expiry Date (as defined in the Agreement); "Sell Merchant" means merchants, vendors, persons, corporations or entity registered with MMSSB to provide goods and/or services to the Customers in exchange for Mmoney; Page 8 of 21 3. "Service Fee" means the commission and/or transaction charges (over and above the cost of the goods and services provided, if any,) in respect of Cash In/Cash Out transactions, as may be imposed by the Bank, CashIn/Cash-Out outlets, its agents and/or the Merchants; "System" means the payment system platform commissioned by MMSSB to facilitate the payment of goods, products and services; "Terms and Conditions" means these terms and conditions in respect of Mmoney including any addendums, the terms of services, policies and procedures and all other documents which are expressly agreed to form part of the Terms and Conditions; "Username" means the personal identification code of the Customer which shall be used through the websitewww.maxis.com.my or www.hotlink.com.my. "3rd Party International Remittance Service Provider" means Western Union Network (Canada) Company and its affiliates which operate solely outside of Malaysia for purposes of facilitating Mobile International Remittance through the Western Union network/agents, or any other party appointed by MMSSB to facilitate international remittances. REGISTRATION 3.1 The Customer must register to use the M-money. 3.2 To register for and use M-money, the Customer must be a registered subscriber of the Maxis Services and shall continue to be bound by the terms and conditions of the Maxis Services. 3.3 M-money shall be in force from the date the Customer’s registration for Page 9 of 21 M-money is approved and verified by MMSSB, which will be signified by availability of M-money to the Customer. Approval of the Customer’s application for Maxis Services shall be at MMSSB’s absolute discretion and shall be in force unless terminated in accordance with the Agreement and or these Terms and Conditions. 4. WARRANTIES AND RESPONSIBILITIES 4.1 The Customer hereby warrants the following, that : i. ii. iii. the information provided is true and correct; he/she is a registered subscriber of the Maxis Service; he/she shall not breach any provisions of these Terms and Conditions and the Agreement. 4.2 The Customer further warrants to comply with all applicable laws, ordinances, codes, rules, regulations, notices, instructions and/or directives of the relevant authorities or any notices, instructions, directives or guidelines given by MMSSB in connection with Maxis Services and M-money. 4.3 The Customer is prohibited from fraudulently registering a M-money account. Anyone caught impersonating another Customer, whether an individual or another legal entity, will be responsible for any costs and/or losses incurred as a result of their fraudulent activity. Abusing the Mmoney may result in immediate termination/suspension of M-money. MMSSB reserves the right, from time to time, to request from the Customer additional information in which case the Customer shall provide the information so required failing which the M-money may be barred by MMSSB at its sole discretion. 4.4 The Customer shall not use the M-money for any illegal activity. 4.5 MMSSB is not responsible for any transactions through M-money. Any dispute and/or mistaken transactions must be resolved between the Page 10 of 21 Customer and the participating Merchant and/or other Customers. 4.6 The Customer may fund his/her M-money Account multiple times using channels authorized by MMSSB. 4.7 All records of transactions relating to the M-PIN authentication through the registered MSISDN will constitute binding and conclusive evidence of the Customer registering for and transacting with M-money. 4.8 The use of M-money is subject to such other applicable terms, conditions, rules and regulations of Bank Negara Malaysia and/or any other regulatory or governmental authority. 4.9 M-money is not transferable and shall be used exclusively by the Customer. 4.10 M-money Account and/or M-money cannot be pledged or used in any matter by the Customer as form of security for any purposes whatsoever. 4.11 Upon registration, the Customer shall enter a six (6) Maxist combination as the M-PIN. The Customer is responsible to keep the M-PIN confidential. 4.12 The Customer shall not at any time and under any circumstances reveal or disclose or in any way facilitate access of the M-PIN to any party and shall take all steps to prevent the disclosure of the M-PIN including, without limitation, deleting the SMS that includes the Customer’s M-PIN in the phone’s sent items folder. 4.13 The M-PIN shall be safeguarded and protected as personal secret by the Customer. The access to any item of M-money through entry of M-PIN shall be correct, complete and binding upon the Customer as if such Mmoney had been accessed for each transaction by the Customer. 4.14 If a wrong M-PIN is entered (currently more than three times) it shall trigger the System to suspend the M-money account temporarily. Should the Customer wish to reactivate M-money, the Customer shall contact Page 11 of 21 MMSSB. 4.15 Any confirmation sent by the MSISDN together with M-PIN shall be deemed to have been issued by the Customer notwithstanding that such confirmation may have been issued by a third party, either authorized or otherwise, and the Customer shall be bound by such confirmation. 4.16 The Customer shall be responsible to check and verify all transactions including, without limitation, the amount and recipient information for third-party Cash-In and Person-to-Person Transfers. MMSSB shall not entertain any request for reversal for wrongful entry as a result of Customer’s negligence. 4.17 MMSSB Cash-in/Cash-out outlets, Cash/Remittance Merchant, Sell Merchant and 3rd Party International Remittance Service Providers shall not be liable for acting on the confirmation sent by the Customer together with the M-PIN. Such confirmation shall be deemed irrevocable and binding on the Customer upon receipt by MMSSB notwithstanding any error, fraud, forgery, lack of clarity and/or misunderstanding in respect of the terms of such confirmation. 4.18 The Customer shall immediately notify MMSSB upon receipt of incomplete, garbled or inaccurate data or information or any data or information, which is not intended from MMSSB or any doubtful information or message. The Customer shall delete such data or information from the Mobile Phone. 4.19 The Customer acknowledges that the Customer’s name and MSISDN and such other personal information may be made available as identification to another Customer, Bank, Merchant, and/or 3rd Party International Remittance Service Provider when a transaction is effected. 4.20 Besides the M-PIN, holding a password (if applicable) securely is the Customer’s responsibility and it is up to the Customer not to divulge this information to anyone else. If the Customer loses his/her password or suspects someone else has obtained it, it is the Customer’s responsibility Page 12 of 21 to notify MMSSB of this problem immediately. MMSSB shall not be responsible for any losses incurred by the Customer as a result of misuse or lost passwords. 4.21 Indemnification – the Customer shall indemnify MMSSB and/or any of its subsidiaries or related corporations as defined under the Companies Act, 1965 and its 3rd Party International Remittance Service Providers and their respective employees, agents, officers, and directors (including advertising and promotional agencies) from any and all liability with respect to acceptance, receipt, use or misuse of any product or service as a result of purchases through M-money. 5. USE OF M-MONEY 5.1 M-money is made available by MMSSB at its absolute discretion, for the following: i. ii. iii. iv. the payment for any purchase of goods, services and/or bills from authorized merchant partners using a Mobile Phone bearing the MSISDN and the M-PIN or the use of M-money in accordance with these Terms and Conditions, which payment may be charged to the M-money account; Person-to-Person Transfer of M-money from one M-money Account to another; Transfer from one (1) M-money Account to a beneficiary account in any other country via Mobile International Remittance service. Other new services as may be introduced by MMSSB from time to time. 5.2 MMSSB does not provide any statement of account in respect of the Mmoney Account. The Customer shall be responsible for all his/her transactions and for keeping track of his/her M-money Account. 5.3 MMSSB, Cash-In/Cash-Out outlets, Cash/Remittance mMrchant, Sell merchant and/or 3rd Party International Remittance Service Providers shall not be liable for any losses suffered by the Customer’s use of the MPage 13 of 21 money (which would include, without limitation, the Customer’s careless management of the M-money account; and disclosing of M-PIN to others). 5.4 The Customer acknowledges that the Customer shall use M-money at its own risk 5.5 The Customer shall not be able to access the Overflow Balance fund until the Available Balance is below the prescribed M-money Account Limit. If the Available Balance falls below the M-money Account Limit, the fund in the Overflow Balance will be transferred to the Available Balance until it reaches the maximum M-money Account Limit. The transfer is done the following day upon Customer triggering a transaction such as balance enquiry to the M-money Account. 5.6 Cash-Out in Malaysia through the Bank shall be subjected to the prevailing standard banking operating procedures and hours. Inter alia, the following shall apply: i. ii. iii. For crediting into the Bank’s bank account that provides Cash-Out service, the fund shall be deposited electronically into the Bank account within 24 hours; For crediting into accounts of other banks that are members of the Inter-Bank Giro (“IBG”), the funds shall be credited electronically within two (2) business days from the transaction date; For crediting into accounts of non-IBG banks, a banker’s cheque shall be issued by the Bank at the Customer’s cost, by the Bank in the beneficiary’s name and delivered to the non-IBG Bank. To the best of MMSSB’s knowledge, the above are some of the prevailing standard banking operating procedures. The Customers are advised to check with the respective Banks on such prevailing (or updated) standard banking operating procedures. 5.7 The transfer of M-money via M-money Mobile International Remittance service is available through the below networks: i. GCash in the Philippines; Page 14 of 21 ii. iii. Banks in Indonesia; Western Union network. 5.8 The transfer of M-money via M-money Mobile International Remittance service is subject to the following: i. ii. iii. iv. Payment to the beneficiary or beneficiary account located overseas is subject to the prevailing exchange rate and remittance/transfer fees incurred; Mobile International Remittances into GCash in the Philippines are usually available within minutes. Payment in Philipino Peso (PHP) will be made based on the mobile number provided. Mobile international Remittances into Bank Account in Indonesia are subject to the prevailing banking operating procedures. Payment in Indonesian Rupiah (IDR) will be made based on bank name, account number and name provided. M-money is subject to Anti-Money Laundering and Anti-Terrorism Financing Act 2001 5.9 The transfer of M-money via M-money Mobile International Remittance service using the 3rd Party International Remittance Service Provider’s network outside Malaysia is subject to the following: i. ii. iii. iv. Payment to the beneficiary or beneficiary account located overseas will be subject to the prevailing exchange rate and remittance/transfer fees incurred ; Mobile International Remittances are usually available within minutes for pick up by the beneficiary, subject to hours of operation of the payment location. Delays and other restrictions apply in certain countries. Transfers that are not credited directly to the beneficiary account will normally be paid in cash, but some of 3rd Party International Remittance Service Provider’s agents may pay by cheque or a combination of cash and cheque. All payments are subject to availability and the conditions applicable at the payment location. In limited circumstances, payment of a Mobile International Remittance may be subject to local taxes and/or service charges; For transactions directed to a beneficiary’s account, payment will be Page 15 of 21 v. vi. made based on the account or mobile number you provide even if it conflicts with the name the customer provide; Transfers will normally be paid in the currency of the destination country. In addition to the transfer fees applicable to each transaction, a currency exchange rate will be applied to convert the Customer’s funds into foreign exchange. Any difference between the rate given to the Customer and the rate received by Maxis will be kept by Maxis and 3rd Party International Remittance Service Provider in addition to the transfer fee. Some agents of the 3rd Party International Remittance Service Provider may offer beneficiaries the choice to receive funds in a currency different from the one the Customer selected. In such instances, these3rd Party International Remittance Service Provider or its agents may make additional money when it changes the funds into the currency selected by the receiver; Applicable law prohibits 3rd Party International Remittance Service Provider from handling transactions from certain individuals and countries. To comply, the 3rd Party International Remittance Service Provider may be legally required to screen all transactions against lists of names provided by the governments of the countries and territories in which they do business, including the US Treasury Departments Office of Foreign Assets Control (OFAC) and the European Union. If a potential match is identified, Western Union must research the transaction to determine if the individual matched is in fact the individual on the relevant list. On occasion, Customers are required to provide additional identification or information. Transactions may thus be delayed. This is a legal requirement for all transactions processed by 3rd Party International Remittance Service Provider inclusive of transfers that originate and terminate outside of the US). 5.10 Postpaid Services: MMSSB reserves the right at any time and at is discretion to set off any amounts in the M-money Account against any outstanding sum due under the Maxis Account. Prepaid Services: In the event the Customer fails to top up his/her Maxis Account at any time MMSSB reserves the right to deduct M-money from the M-money account to top up the Maxis Account, the value of which Page 16 of 21 shall be at the prevailing minimum top up amount and this process shall continue until the balance in the M-money account is empty or below the minimum top up amount. 6. REPRESENTATIONS & WARRANTIES: DISCLAIMER 6.1 M-money is provided on an “AS IS” basis without any representations or warranties of any kind whether express or implied to the fullest extent permitted by law. 6.2 Although MMSSB will use reasonable endeavours to ensure that M-money is secure and cannot be accessed by unauthorized third parties, MMSSB does not warrant the security or confidentiality of any information transmitted through the System or such other equivalent system in any jurisdiction via M-money. 6.3 It is expressly agreed and declared by all parties hereto that MMSSB, Cash-In/Cash-Out outlets, Cash/Remittance Merchants, Sell Merchants and 3rd Party International Remittance Service Providers shall not be liable or responsible to the Customer and/or any other person(s) for any losses, damages, costs or expenses whatsoever suffered by such person(s) arising out of or in connection with the issue, use, withdrawal and/or termination of M-money resulting from or in consequence of any act or omission by MMSSB, Cash-In/Cash-Out outlets, Cash/Remittance Merchants, Sell Merchants and 3rd Party International Remittance Service Providers except in the case of willful default by MMSSB, Cash-I/Cash-Out outlets, Cash/Remittance Merchants, Sell Merchants and 3rd Party International Remittance Service Providers for which such liability shall be limited to the amount of actual loss only. 6.4 MMSSB, Cash-In/Cash-Out outlets, Cash/Remittance Merchants, Sell Merchants and 3rd Party International Remittance Service Providers shall not for any reason whatsoever be liable for damages suffered or loss by the Customer under any circumstances whatsoever whether or not such circumstances relate to or arise out of these Terms and Conditions Page 17 of 21 including but not limited to non-acceptance for any reasons whatsoever of M-money by any Merchant, person or body, restriction or cancellation of the M-money, or under any other circumstances. 7. VALIDITY AND ACCESS TO INFORMATION 7.1 The Customer hereby warrants that all information pertaining to the identity and personal circumstances of the Customer are true and correct. MMSSB shall request for identification to verify the information and reserves the right to request for further validation of information and to reject the request if the information cannot be validated or is found incorrect. 7.2 The Customer hereby warrants that all information pertaining to the beneficiary or beneficiary account located overseas of the M-money transfer via M-money Mobile International Remittance service are true and correct. MMSSB, Cash-In outlets, Remittance merchants and 3rd Party International Remittance Service Providers shall not be liable for any failure or loss of money transfer to the beneficiary due to the inaccurate information provided by the Customer. 7.3 Upon receipt of the Customer’s written request, MMSSB may at its absolute discretion provide the Customer with the details of transactions provided always that such details requested shall not be earlier than three (3) months from the date of receipt of such request. 8. FEE AND CHARGES 8.1 The Customer shall pay the prevailing SMS charges for each M-money transaction. 8.2 The Customer shall be responsible for all Bank fee and/or charges imposed by partner Banks for using their channels to perform Cash-In and Cash-Out transactions. Page 18 of 21 8.3 The Customer shall be responsible for any other charges imposed by CashIn/Cash-Out outlets and/or agents for Cash-In and/or Cash-Out transactions. 8.4 The Customer shall pay the international remittance fee applicable for each M-money Mobile International Remittance transaction. The international remittance fee will be deducted from the transfer amount, except that in certain cases when the International Remittance transaction is performed by a 3rd Party International Remittance Service Provider, the remittance fee will be added to the transfer amount and the Customer authorises the deduction of the remittance fee from his/her Mmoney Account. 9. LIMIT OF PURCHASES AND TRANSACTIONS 9.1 Where prescribed transaction limits are applicable to specific purchases or other transactions by the Customer, have been notified to the Customer, the Customer shall not exceed the prescribed set limit unless prior written approval to exceed these limits are obtained by the Customer from MMSSB. 9.2 Notwithstanding that a prescribed M-money Account and transaction limits may not be notified to the Customer, MMSSB may from time to time at its sole discretion set such limits for its control purposes without informing the Customer. 10. TERMINATION/SUSPENSION 10.1 MMSSB may at its absolute discretion immediately terminate, suspend, impose conditions or restrictions on the Customer in respect of the use of M-money or change the procedures, the mode of operation of M-money without giving any reason or notice thereof. Page 19 of 21 10.2 Notwithstanding Clause 10.1 above, MMSSB reserves the right, at its absolute discretion and at any time, to immediately suspend/terminate the Customer’s use of M-money for any reason, including without limitation the following circumstances : i. ii. iii. iv. in the opinion of MMSSB, the Customer had indulged in anything which is dishonest, fraudulent, illegal, misrepresentation and/or criminal in nature; the Customer is in breach of any of the provisions of these Terms and Conditions or engages in any conduct prejudicial to MMSSB the Customer is in breach of any acts, statutes, laws, by-laws, rules and/or regulations imposed by any party, regulatory body or government agency; the Customer has submitted false documents or declares false information in relation to the application for M-money. 10.3 The M-money will be terminated automatically if the Maxis Account has been terminated or expired (as the case may be). 10.4 MMSSB reserves the right to terminate the M-money Account without further notice if the Customer does not close the M-money Account after the termination or expiration of the Maxis Services. 10.5 The Customer may, at any time, terminate M-money by giving MMSSB prior written notice. M-money shall be deemed terminated immediately upon receipt of the termination notice by MMSSB. 11. CONSEQUENCES OF SUSPENSION/TERMINATION 11.1 Upon termination or expiration of the Maxis Services, the Available Balance shall be refunded upon request made by the Customer after deducting administration fee as specified by MMSSB. 11.2 The Customer further agrees that should MMSSB terminate/suspend Mmoney pursuant to Clause 10.2, MMSSB shall not be obliged to refund or return any M-money in the M-money Account until clearance is obtained Page 20 of 21 from the relevant authorities (including but not limited to the Bank, police, customs, Bank Negara Malaysia, etc). 11.3 Upon suspension, MMSSB may at its absolute discretion reconnect the Mmoney Account, subject to the Customer paying a reconnection fee, all outstanding amounts due to MMSSB and/or any other amounts as may be required by MMSSB for the reconnection of the M-money Account. 11.4 Postpaid Services: MMSSB reserves the right, upon termination of the Maxis Services or M-money Account, to set off any amounts in the Mmoney Account against any outstanding sum due under the Postpaid account. 11.5 Prepaid Services: In the event the Customer fails to top up his/her prepaid account one (1) day before the Expiry Date, MMSSB reserves the right to deduct M-money from the M-money Account to top up the Maxis Account, the value of which shall be at the prevailing minimum top-up amount and this process shall continue until the balance in the M-money Account is empty or below the minimum top up amount. 11.6 The provisions of this Clause 11 are without prejudice to any of MMSSB’s other rights and remedies under these Terms and Conditions, the Agreement or at law. 12. AMENDMENT AND MODIFICATION OF AGREEMENT 12.1 Unless expressly stated otherwise, in the event MMSSB has amended or modified the Terms and Conditions or Agreement as well as regulations, procedures or fee rates in relation to M-money, MMSSB shall notify the Customer via its website not less than 21 (twenty-one) days in advance. 12.2 The Customer hereby agrees that, he/she will comply with all instruction manuals and other documents in relation to M-money, whether current or subsequently issued by MMSSB. Page 21 of 21