Mobile Internet Plan Terms & Conditions

Please read carefully this terms and conditions (hereinafter referred to as “T&C”) as they contains important information and the use of Mobile Data Plan (hereinafter referred to as “Plan”) shall be subject to that you agree to be bound by all T&C provided in and any modifications and amendments, which may be posted by XOX on XOX (hereinafter referred to as “we”or ”us”or ”our”or “XOX”) website from time to time.

Unless explicitly stated otherwise, any new service introduced by us, shall be subject to this T&C. All such notices are hereby incorporated by reference into the T&C. You are responsible for regularly reviewing our T&C posted on our website. By continuing to use our website, you are deemed to have agreed to be bound by any modifications and amendments to all T&C.

  1. Subscriptions
    1. There are Two (2) types of Plan are available for both Prepaid and Hybrid (also referred as “Postpaid”) subscribers.
    2. In order to subscribe this Plan the subscriber shall :
      1. If Prepaid subscriber must have sufficient credit on his or her account to cover the tariffs set out below; and
      2. If Hybrid account, subscriber’s account must be in good standing and must have an unexpired credit limit sufficient to cover the tariff.
    3. Upon satisfying the above criteria, you can type the following command and send to 23388 for subscription.
      Type of Plans Data Quota Duration Auto-Renewal Command Code Price
      Daily 100MB 100 MB 24 hours No Key in DATAD3 and send to 23388 RM3
      Monthly 500MB 500MB 30 Days Yes Key in DATA M500MB and send to 23388 RM18
      Monthly 1GB 1GB 30 Days Yes Key in DATA M1GB and send to 23388 RM38
      Monthly 3GB 3GB 30 Days Yes Key in DATA M3GB and send to 23388 RM68
      Monthly 5GB 5GB 30 Days Yes Key in DATA M5GB and send to 23388 RM108
      DATA PROMO 2.3GB 30 Days Yes Key in DATA PROMO2GB and send to 23388 RM48
    4. You can change the Plan to which you have subscribed to another XOX type of Mobile Data Plan at any time, unless your account has been suspended or blacklisted or there are no credit balance under you account.
    5. In the event if you change to another Mobile Data Plan prior to your existing Mobile Data Plan expiring or quota limit reached whichever earlier, your new subscription plan will be queued up and only activated after your existing data subscription has expired or the quota used up, whichever earlier.
    6. Any change in your Plan may result in a temporary disruptions of your access to or use of the service and/or loss of data; XOX shall not be liable for any such disruptions or loss of data, or any damages, losses, costs or expenses arising therefrom.
    7. *Promotion of monthly XD18 plan which are now giving an additional 200 MB free quota which will be extended until further notice.
    8. **In addition to Table 1, there will be a new promotion for “DATA PROMO” which is valid from 11th October 2013 until 30th June 2014. This promotion is not available for subscription after the promotion period. Any subscription that has been made during this promotion period will entitled to auto-renew although after the promotion period. However, subject to the available credit balances.
  2. Mobile coverage and speed
    1. The connection speed and the coverage area of the network are essential considerations in the process of choosing which operator service the subscriber subscribed to.  In the event of any failure of actual or below the actual connection speed limit or any interruption XOX shall not be liable for such occurrences of service defects.
    2. Tariffs for the Plan will be deducted from the subscriber’s prepaid account balance or charged to their hybrid account when the subscribers subscribed to the Plan. If there are insufficient credit balance on a prepaid account, or where a hybrid account is not in good standing or where the unexpired credit limit on a hybrid account is insufficient to cover the tariff, the Plan will not be activated.
  3. Payment
    1. Tariffs for the Plan will be deducted from the subscriber’s prepaid account balance or charged to their hybrid account when the subscribers subscribed to the Plan. If there are insufficient credit balance on a prepaid account, or where a hybrid account is not in good standing or where the unexpired credit limit on a hybrid account is insufficient to cover the tariff, the Plan will not be activated.
  4. XOX Data Add-On
    1. There is a service from XOX to help you Add-On the Plan volume. You can purchase additional Data Quota to utilize your remaining 30 days subscription.
    2. The following XOX Data Add-On (hereinafter referred to as “Add-On”) are available to subscriber on eligible price plans :
      Input Message Data Volume Charges (RM)
      DATA ADD 100 100MB 5.00
      DATA ADD 200 200MB 10.00
      DATA ADD 300 300MB 15.00
      DATA ADD 1GB 1GB 35.00
    3. The Add-On subscription is eligible for all XOX Mobile Data Plan.
    4. The subscription of Add-On is unlimited. Any units remaining in the Add-On cannot be carried forward.
    5. You may change your Add-On Data Quota by sending a sms to 23388 with Data Add 100/ Data Add 200/ Data Add 300/ Data Add 1GB. We reserve the right to suspend or cease this Add-On service and to amend and modify these terms and conditions, including prices and denominations in which Ad-On may be purchased, without notice for any legitimate commercial, technical or operational reason.
    6. If you need any clarification you may call our Customer Careline at 1300-888-010  or 12273 from your XOX prepaid or Hybrid account.
  5. Subscribers Obligations
    1. In addition to the obligations under the Agreement, you agree to :
      1. Abide by all these terms and conditions of use of Plan as outlined herein;
      2. Comply with laws and regulations governing the XOX network;
      3. Utilize the Plan for personal use only and not for commercial and/or business purposes;
      4. Immediately report and confirm in writing, loss, theft, damage of handset and/or SIM Card preventing your use of the Plan;
      5. Comply with all reasonable requests by us, or others on our behalf, particularly in relation to the investigation of fraud or other offenses or as required by law in legal proceedings.
  6. Disclaimer
    1. The service is provided on an “as is” basis without any representation or warranties of any kind whether express or implied. XOX, its related and affiliated corporations disclaim and exclude all warranties relating to or in connection with service including but not limited to, all warranties of merchantability, fitness for a particular purpose, title, non-infringement, compatibility, security and accuracy.
    2. XOX, its related and affiliated corporations do not warrant that the service will be uninterrupted or error free, that defects will corrected, or that the website or the server, third party or otherwise, that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials.
    3. In no event shall XOX, its related and affiliated corporations be liable to you or anyone else for any loss or injury or any direct, indirect, special, exemplary, consequential damages, or any damages whatsoever including but not limited to loss of use, data, revenue or profits, whether in action of contract, negligence or other tortuous action, arising out of or in connection with you access, use of, or your inability to access or use the service.
    4. XOX may from time to time change some or all of these Terms and Conditions, or to start charging for all or part of the service (or for any new aspect of the service) or to modify or discontinue (temporarily or permanently) the service. You will be notified of any such changes via email as soon as is practicable prior to any changes or modifications. You do not have to accept such changes, but if you do not then you and/or shall be entitled to terminate this agreement and you will cease receiving the service.
    5. You agree that XOX shall not be liable to you or any third party for any such change, modification or discontinuance of the service.
    6. You agree that XOX may modify and amend this terms and conditions at any time without prior notice.
  7. Proprietary Rights
    1. All content contained in sponsor advertisements or presented to you through the service by us, our advertisers, content/applications providers or third parties, are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You agree that you are only permitted to use such Content as expressly authorized by us, the advertiser, the provider or third party in question.
    2. You are not permitted to copy, reproduce, distribute, or create derivative works from such content without written authorization from us, the advertiser, the provider or third party in question.
  8. Indemnity
    1. You agree to indemnity and hold XOX, its related and affiliated corporations harmless against any costs, claims, demands, actions proceedings, judgements, expenses, losses and liabilities of whatsoever nature incurred or suffered by, or brought, made or recovered against XOX, its related and affiliated corporations arising out of or in connection with your (a) use of the service; and/or (b) breach of these terms and conditions by you.
  9. Limitation of Liability
    1. Service Provider not be liable for any loss, injury, claim, liability, or damage of any kind resulting from your use of this website, the content, the postings, the interactive areas, any facts or opinions appearing on or through an interactive area, or any third party communications. Service Provider shall not be liable for any special, direct, indirect, incidental, punitive or consequential damages of any kind whatsoever (including, without limitation, attorney’s fees) in any way due to, resulting from, or arising in connection with the use of or inability to use this website, the interactive areas, the content, the postings, or any third party communications.
  10. Force Majeure
    1. Neither party shall be liable to the other for any failure to perform any obligations under Any Agreement which is due to an event beyond the control of such party including but not limited to Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavors to comply with the terms and conditions of any Agreement contained herein.
  11. Waiver
    1. Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
  12. Termination and Suspension
    1. XOX reserves the right to cancel, withdraw, terminate or suspend the service for any reason whatsoever at its sole discretion without notice to you. You agree that XOX shall not be liable to you or to any other party for such cancellation, withdrawal, termination or suspension.
  13. Severability
    1. In the event that any term or conditions detailed herein is found unenforceable or invalid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall remain enforceable and applicable.
  14. Governing Law and Jurisdiction
    1. These terms and conditions are subject to interpretation in accordance with the laws of Malaysia. Where any claims, proceedings, actions, suits or disputes arising or in connection with this Agreement is to be commenced or adjudicated in the High Court of Malaya, the parties agree that it shall be adjudicated in the High Court in Kuala Lumpur, Petaling Jaya, Shah Alam or Putrajaya, Malaysia, as the case may be.
  15. General
    1. These Terms and Conditions comprise the entire agreement between you and XOX and supersede any prior agreements, arrangements or representations made by either party relating to the service.

      Some of the above clauses are highlighted to aid the reader’s understanding of the terms and condition as recommended in the National Policy Objective as provided in Communications and Multimedia Act 1998.

      As such the highlight is only an aid to the reader and shall not affect in any way the meaning and interpretation of this terms and conditions and significance of other clauses of this terms and conditions.
  16. These Terms and Conditions
    1. XOX reserves the right to cancel, withdraw, terminate or suspend the Service for any reason whatsoever at its sole discretion without notice to you. You agree that XOX shall not be liable to you or to any other party for such cancellation, withdrawal, termination or suspension.
    2. These terms and conditions are subject to interpretation in accordance with the laws of Malaysia. Where any claims, proceedings, actions, suits or disputes arising or in connection with this Agreement is to be commenced or adjudicated in the High Court of Malaya, the parties agree that it shall be adjudicated in the High Court in Kuala Lumpur, Petaling Jaya, Shah Alam or Putrajaya, Malaysia, as the case may be.
    3. These terms and conditions comprise the entire agreement between you and XOX and supersede any prior agreements, arrangements or representations made by either party relating to the service.
    4. In the erm or conditions detailed herein is found unenforceable or invalid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall remain enforceable and applicable.