This prepaid mobile service ("the Service") is brought to you by GETFI INNOVATION SDN. BHD. (Company No.: 1228074-H) (hereinafter referred to as "GETFI INNOVATION"). The Service is subject to all the terms and conditions provided by GETFI INNOVATION ("the Terms") which may be found on GETFI INNOVATION's official website at www.getfiplus.com or in any other form or manner deems fit by GETFI INNOVATION. The Terms are subject to amendments, revocations, variations or modifications at anytime and in whatsoever manner by GETFI INNOVATION without any reason or any prior notice. By your subscription and/or use of the Service, you acknowledge, represent and agree that you have at all times read, fully understood, accepted and agreed to be bound by the Terms. Further, you undertake to review GETFI INNOVATION's website or any materials provided by GETFI INNOVATION on a regular basis for any amendments made by GETFI INNOVATION from time to time.
Your agreement with GETFI INNOVATION commences from the date of activation of the SIM card and your prepaid account ("Your Account"). The provisions on activation of the SIM card and Your Account is contained in Clause 4 below.
YOUR OBLIGATIONS AND UNDERTAKINGS
The Service is available and provided to you only when you have complied with the obligations and undertakings below at all times:-
- AGE. You are not below the age of 12 for purpose of registration as end-user under Clause 3.2 below.
- REGISTRATION. You are successfully registered as end-user of prepaid public cellular services under the provisions and guidelines issued by Malaysian Communications and Multimedia Commission ("MCMC"). You have provided valid and accurate information for registration and shall update GETFI INNOVATION immediately on any changes to the information you have provided. You have also consented GETFI INNOVATION to verify the information you have provided with any third party without any prior notice.
- TERMS. You have acknowledge and represent that you have read, fully understood, accepted and agreed to be bound by the Terms and that GETFI INNOVATION has the right and discretion to amend, revoke, vary and modify the Terms at any time and in whatsoever manner. Further, you undertake to review GETFI INNOVATION's website or any materials provided by GETFI INNOVATION regularly for any amendments, revocations, variations or modifications of the Terms made by GETFI INNOVATION at anytime and in whatsoever manner.
- DEVICE. You shall obtain and use compatible devices to access the Service.
- CHARGES. Your subscription and use of the Service is subject to charges and/or any rates chargeable there under as provided at GETFI INNOVATION's official website. You are liable to account for all the charges, rates chargeable and government taxes levied and applicable arising from your subscription and/or use of the Service, including any use, whether with or without your authorisation or your knowledge. GETFI INNOVATION reserves all rights to change, vary, revoke or suspend any charges or rates under the Service.
- MOBILE NUMBER. In accordance with the provision issued by Malaysian Communications and Multimedia Commission (hereinafter referred to as “MCMC”), you shall not obtain any proprietary rights in the mobile number provided by GETFI INNOVATION to you. Therefore, you shall not charge, sell, auction, trade any mobile number provided to you by GETFI INNOVATION. Any request on transfer or assignment of mobile number from you to another third party within the Service is subject to the consent by the receiving third party in addition to the consent and requirements imposed by GETFI INNOVATION. Further, GETFI INNOVATION is under no obligation to accept a request for transfer or assignment without providing any reason whatsoever. GETFI INNOVATION reserves all rights to cancel and suspend the mobile number provided to you by GETFI INNOVATION due to your breach of any of the Terms or for purposes of complying with applicable laws, rules and regulations or decisions or directions of MCMC.
- SIM CARD. GETFI INNOVATION is the owner of the SIM card granted to you at all times. You shall take responsibility and care over the use of the SIM card. There shall be charges for any replacement of damaged or loss SIM card. The SIM card shall not be transferred or assigned to any third party except with consent of GETFI INNOVATION.
- ACTIVATION. You shall activate the SIM card granted to you by GETFI INNOVATION upon subscription and within the period prescribed by GETFI INNOVATION.
- USE. You shall subscribe and use the Service for your own and personal use only. Further, you shall use the Service responsibly and in compliance with the Terms. You shall not transfer or assign your rights to use of the Service except with prior written consent of GETFI INNOVATION. You shall not authorise use of the Service by any third party except under your care, supervision and control.
- CONTENT OF COMMUNICATION. You shall not transmit or disseminate or cause to be published through the Service any content which is indecent, obscene, violent, false, menacing or offensive in character with intent to annoy, abuse, threaten or harass any person and ensure that any such content does not include anything which is unlawful; inciting or perpetrating an unlawful purposes; against public interest, public order and national harmony; or in breach of any Intellectual Property Rights, confidential rights or any other rights of any person. You shall solely and exclusively be responsible and liable for any content transmitted or disseminated or caused to be provided through your use or any manner deemed use by you of the Service.
- LAWS. You shall observe and comply at all times and in all manner, any laws of Malaysia.
- OUR INSTRUCTION AND DIRECTION. You shall observe and comply with all instructions, notices and directions issued by GETFI INNOVATION from time to time.
- INDEMNITY. You shall indemnify or cause to be indemnified by GETFI INNOVATION against any loss, damage, costs, expenses or personal injury (including death) arising from your use of the Service or your breach of the Terms including but not limited to any actions taken by GETFI INNOVATION to enforce the Terms against you.
- NOTIFY US. You shall report to GETFI INNOVATION or lodge a police report with a certified true copy report duly provided to GETFI INNOVATION should you discover and know of any conduct which is in nature a criminal, unlawful, infringement, fraudulent, defamatory, unauthorised acts or omissions committed or carried out through use of Your Account under the Service.
PREPAID MOBILE PLAN
- TIME TO ACTIVATE SIM CARD AND ACCOUNT. Your Account will be activated and maintained by GETFI INNOVATION in respect of your use of the Service from the date of your application for registration as end-user ("Activation"). The Activation of the SIM card simultaneously activates Your Account.
- ACTIVE ACCOUNT. Your Account shall be active from the date of Activation, according to the tariff plan of the SIM Card.
- AIRTIME USE AND RELOAD. During the period when Your Account is Active, you may use the airtime available in Your Account and Reload airtime, as and when as you wish.
- EXTENDING YOUR ACTIVE ACCOUNT. You may extend and maintain Your Account as active account by performing reloading of Airtime.
- INACTIVE ACCOUNT. If you do not Reload the Airtime under Your Account before the expiry of credit validity period, Your Account will automatically be rendered "inactive" for 30 days. An inactive account is however not a "terminated account" since an account is not terminated until and unless in accordance with Clause 4.8 below. During this period, you will still be able to receive calls and SMS on Your Account.
- REACTIVATING WHEN ACCOUNT IS INACTIVE. When Your Account is inactive by reason stated in Clause 4.5 above, you may reactivate Your Account by Reloading the Airtime at any time during the 30 days period when Your Account is inactive.
- SUSPENDED ACCOUNT. If you fail to Reload during the period when Your Account is inactive, Your Account will be suspended for 15 days. During this period, you will not be able to receive any calls or SMS with Your Account. If you do not reactivate Your Account during this period, it will automatically be terminated.
- TERMINATION OF ACCOUNT. If you fail to Reload during the period when Your Account is suspended, Your Account will automatically be terminated upon expiry of the 15-day period of Your Suspended Account.
- CONSEQUENCE OF TERMINATION. Upon termination of Your Account,
- all unused Airtime shall be forfeited and there shall be no refund or redeemable for cash or any other means for any unused Airtime.
- any terminated account cannot be reactivated or reinstated. If you wish to continue use of the Service provided by GETFI INNOVATION, you may subscribe for a fresh account with GETFI INNOVATION.
- RELOAD VOUCHER. All Reload Vouchers are issued with an individual and separate expiry date. No Reload Voucher or the value therein shall have any effect or useable or returnable or redeemable for cash upon expiry. Further, no Reload Voucher or the Airtime thereof shall be refundable, transferable or redeemable for cash. GETFI INNOVATION shall not be liable for any loss or damage due to errors in Reloading or misuse or damage of the Reload Voucher caused by you.
- CHARGES, RATES AND TAXES. You are agreeable and liable to all the charges, rates and government taxes levied and applicable arising from your subscription and/or use of the Service, including any use, whether with or without your authorisation or knowledge. GETFI INNOVATION reserves all rights to amend, vary, revoke or suspend any charges or rates under the Service.
MOBILE NUMBER PORTABILITY ("MNP")
- RECOGNITION. GETFI INNOVATION recognizes the mobile service user's ability to transfer from the Service provided by GETFI INNOVATION to services provided by other mobile service provider (porting out) and the user's ability to transfer from the services provided by other mobile service provider to the Service provided by GETFI INNOVATION (porting in) while retaining the existing mobile number, in either case, shall be subject to any terms and conditions, provisions and guidelines as set out or provided by MCMC from time to time.
- PORTING OUT. If you are porting out from the Service provided by GETFI INNOVATION, you are required to make a porting request with your new mobile service provider and shall be subject amongst others to the following:-
- you are the valid registered holder of the Mobile Number in which you are making the porting out request; the Mobile number must be in the range of mobile numbers as approved by MCMC from time to time;
- the Mobile Number eligible for porting is an active number and has not been suspended, terminated, blacklisted on the defaulter's database and/or barred.
- satisfaction of existing terms and conditions for registration with your new prospective mobile service provider;
- satisfaction of all the terms and conditions, provisions and guidelines issued by MCMC or any bilateral agreement between GETFI INNOVATION and your prospective new mobile service provider (if any);
- your acknowledgement and understanding that only the Mobile Number and not the Service may be ported;
- there is no reason or basis for GETFI INNOVATION to submit prescribed rejection codes (although you may receive the information regarding the rejection reason) based on incorrect information of party; non fulfilment of contact obligations; account overdue; some or all lines numbers under the porting out request do not belong to you; some or all numbers under the porting out request is not in service; non-compliance with the "port all or nothing at all" principle; Airtime limit has been exceeded; and your numbers are disconnected;
- payment of non-refundable prescribed fees for Porting;
- upon successful porting out, the SIM card provided by GETFI INNOVATION shall be deactivated and the Service provided by GETFI INNOVATION shall be terminated; and
- all the consequences of termination stated in Clause 4.9 above.
- you are the valid registered holder of the mobile number in which you are making the porting in request;
- the mobile numbers must be in the range of mobile numbers as approved by MCMC from time to time;
- the mobile number eligible for porting is an active number and has not been suspended, terminated, blacklisted on the defaulter's database and/or barred.
- satisfaction of existing terms and conditions for registration with GETFI INNOVATION and you shall have also successfully subscribed to the Service provided by GETFI INNOVATION and subject to the Terms;
- satisfaction of all the terms and conditions, provisions and guidelines issued by MCMC or any bilateral agreement between GETFI INNOVATION and your previous/current new mobile service provider (if any);
- your acknowledgement and understanding that only the mobile number and not the service under your previous/current mobile service provider may be ported;
- there is no reason or basis for your previous/current mobile service provider to submit prescribed rejection codes (although you may receive the information regarding the rejection reason) based on that incorrect information of party; non fulfilment of contact obligations; account overdue; some or all lines numbers under the porting in request do not belong to you; some or all numbers under the porting in request is not in service; non-compliance with the "port all or nothing at all" principle; Airtime limit has been exceeded; your numbers are disconnected;
- payment of non-refundable prescribed fees for Porting;
- upon successful porting in, the SIM card provided by your previous/current mobile service provider shall be deactivated and the service under the same shall be terminated. Such termination may result in forfeiture of your Airtime or airtime with your previous/current mobile service provider and GETFI INNOVATION are not responsible for any loss or damage due to or arising from your request to port in the Service;
- acknowledges that GETFI INNOVATION has never guarantee or warrant the success in your request to port in the Service. Further, you shall indemnify GETFI INNOVATION for any losses, damages, costs, expenses or personal injuries arising from your request to port in the Service.
GETFI INNOVATION reserves all rights to withdraw, terminate, vary, modify or revoke Your Account and/or the Service at any time without any reason or prior notice.
- ENTIRE AGREEMENT. This Agreement contains the entire agreement between the Parties and supersedes all previous agreements and understandings between the parties hereto with respect to the subject matter hereof, and may not be varied or altered except in writing duly signed by both parties hereto or in accordance to Clause 3.3 herein above.
- SEVERANCE. If any provision of this Agreement is held to be illegal or invalid under any applicable law, that provision shall be fully severable and this Agreement shall be construed as if that provision had never comprised a part of this Agreement and the remaining provisions of this Agreement shall remain in full force and effect and shall not be affected by that provision or by its severance from this Agreement.
- ASSIGNMENT. The rights and obligations under this Agreement shall not be assigned to anyone unless with prior written approval or consent of GETFI INNOVATION; Provided That, GETFI INNOVATION shall have the right to assign any of its rights and obligations herein to any of its Related Corporations or Affiliates.
- WAIVER AND INDULGENCE. Failure or delay by GETFI INNOVATION to enforce at any time any provision of this Agreement or any indulgence or extension of time given by GETFI INNOVATION to you shall not be construed as a waiver of GETFI INNOVATION's right to the enforcement of such provision or as a waiver of any continuing, succeeding or subsequent breach of any such provision of this Agreement or any other provision of this Agreement or as a waiver of any rights hereunder.
- APPLICABLE LAW AND JURISDICTION. This Agreement shall be governed by and construed in accordance with the laws of Malaysia. Both you and GETFI INNOVATION submit to the exclusive jurisdiction of the Courts of law in Malaysia.
- The following word(s) in the Agreement shall, unless the context otherwise requires, have the following meaning:-
- "Account" means Your Account, including any Airtime and your personal account details maintained by GETFI INNOVATION in respect of your use of the Services;
- "Airtime" means the allowance granted by GETFI INNOVATION to you which enables you to make calls / SMS and surf the internet;
- "Active" means when Your Account is able to make or receive calls / SMS and surf the internet;
- "Activation" means Your Account has been successfully registered and changed to active status within the prescribed period;
- "GetFi Innovation Sdn Bhd" means GETFI INNOVATION SDN. BHD. (Company No.: 1228074-H), a company incorporated under Companies Act 1965 in Malaysia and shall include its Related Corporations or its Affiliates;
- "Inactive" means Your Account is unable to make any calls / SMS and surf the internet, but able to receive calls / SMS;
- "law" means any applicable laws and shall be construed to mean all laws of Malaysia (including but without limitation to primary legislations, secondary legislations, regulations, decrees, orders, directions, declarations, determination, instructions or guidelines, code of conduct as may be issued by the relevant regulatory authority in particular amongst others the MCMC, as are applicable to the business, administration, operations, management or otherwise affairs of the Parties;
- "Mobile Number" means an MSISDN associated with a SIM Card granted by GETFI INNOVATION to you based on the assignment granted by MCMC;
- "Mobile Number Portability" means the ability for end users to change from one mobile service provider to another while retaining their Mobile Number;
- "Related Corporation and Affiliates" means a direct or indirect holding company of GETFI INNOVATION, a subsidiary of GETFI INNOVATION or any subsidiary of a holding company of GETFI INNOVATION or GETFI INNOVATION group of companies;
- "Reload" means when you top up Your account with Airtime for the first time or subsequent top ups, by whatever means;
- "Reload Voucher" means a prepaid voucher, whether in material or electronic form or otherwise, sold by GETFI INNOVATION or any person on our behalf to you which carries unused call Airtime;
- "Service(s)" means the prepaid mobile services and all related value added, supplemental or additional Services to be provided by GETFI INNOVATION to you from time to time;
- "SIM Card" means Subscriber Identity Module which is either a card or plug-in module with a microchip which contains all your necessary information. The SIM Card has to be inserted into the mobile phone in order for a call to be made;
- "Suspended" means Your Account is unable to make and receive calls / SMS, and unable to surf the internet;
- "Terminate" means Your Account is closed and unable to be reactivated;
- "you" or "your" means you as the person to whom the SIM Card has been issued for the purpose of using the Service in accordance with the Terms and Conditions; and
- "Parties" means "you" and "GETFI INNOVATION".
- headings, subject headings, underlining and bold words are for convenience and reference only and do not affect the interpretation of this Agreement;
- words importing the singular include the plural and vice versa;
- a reference to any statute, statutory provision, rule, regulation, directive, order or by-law refers to the same as from time to time amended, extended or re-enacted and shall include all subsidiary instruments made thereunder;
- a party includes, wherever the context permits, that party's legal personal representatives, successors-in-title, permitted assigns, directors, officers, employees, agents and related bodies corporate;
- a 'person' includes any individual, firm, body corporate, government or state, association or partnership (whether or not having a separate legal personality); and
- to indemnify shall mean indemnifying GETFI INNOVATION and keeping GETFI INNOVATION harmless, from all actions, proceedings, claims, demands and any other legal recourses brought against GETFI INNOVATION and from all liabilities, damages, losses, compensations, awards, costs, expenses, charges, fines, penalties and outgoings suffered or incurred by GETFI INNOVATION in respect of the subject matter in which the indemnity is given.