Maxis Device Warranty & Bill Protect - Terms & Conditions

 

Version [14 Dec 2015]

  • Eligible Device: Samsung S6/ EDGE
  • Replacement Service Fee: 35% of the Covered Equipment retail value at time of service request.
  • All fees are subject to applicable tax.

 

Definitions. (1) “MAXIS” means Maxis Mobile Services Sdn. Bhd. (2) “Covered Equipment” means the Eligible Wireless Device owned or leased by You or Replacement Equipment provided by Us. 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), Mobile Equipment ID (MEID) or Mobile Station International Subscriber Directory Number (MSISDN), 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 Device and applicable Covered Accessory(ies) per replacement. If You have used a different Eligible Wireless Device on Your mobile number immediately prior to the time of an Incident, the Covered Equipment is the Eligible Wireless Device (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 Device(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 Devices 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 of the Covered Equipment during the time the Contract is in effect, if You have elected Maxis Device Warranty and Bill Protect (Basic)or Theft or Accidental Damage of the Covered Equipment during the time the Contract is in effect, if you have elected Maxis Device Warranty and Bill Protect (Premium). (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 Maxis Device Warranty and Bill Protect (Basic) or Maxis Device Warranty and Bill Protect (Premium) 2 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 “Airtime Service Provider” means Maxis Mobile Services Sdn Bhd. (10) “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. (11) “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. (12) “Enrolled Subscriber” means the customer of the Maxis who has elected to accept the protection offered by the Maxis as part of a sales agreement with Maxis and who has paid all applicable fees due with respect to the Covered Equipment. (13) “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. (14) “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. (15) “Pollutants” mean any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapour, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed.. (16) “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. (17) “Accident” means a known and identifiable but unintended, sudden and unforeseen event. (18) “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. (19) “Replacement Service Fee” means the amount equal to 35% of the Covered Equipment retail value at time of service request the Enrolled Subscriber pays towards his or her service request. (20) “Plan Term” – twenty four (24) months from the Effective Date. (21) “Personal Data Protection Act 2010” or the “Data Privacy Act” means the Personal Data Protection Act of 2010, as amended.

 

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 is active and has paid the required Service Fee.

If You are enrolled in Maxis Device Warranty and Bill Protect (Basic)

  • 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.

 

If You are enrolled in Maxis Device Warranty and Bill Protect (Premium)

  • 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.

 

Mobile Device Protection Contract. These Service Program Terms & Conditions, together with Your bill (the “Service Fee”) from MAXIS, applicable payment provisions under Your MAXIS wireless 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.

 

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 or repair Your 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.

 

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, Service Fee, or Replacement 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 for the Plan Term.

 

Charges. You agree to pay Your Plan Term Service Fee in its entirety in monthly installments, or on another prescribed installment basis, as agreed upon by Us. 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 Service Fee or, at Our sole discretion, collected from You prior to providing Replacement Equipment. In the event that You terminate this Contract before the expiration of the Plan Term, You agree that You will be responsible for any remaining balance of the Service Fee due and payable to Us. You agree to pay the remainder of the Service Fee to Us in a lump sum upon cancellation of this Contract.

 

To Obtain Service. In the event of any Incident of Covered Equipment, You may file a service request by calling 1-800-886-888. 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, AND/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. The Replacement Fee for service requests for any other Incident is 35% of the Covered Equipment’s retail value at the time of the service request. The Replacement Service Fee may be included with Your Service Fee or, at Our sole discretion, collected from You prior to providing Replacement Equipment. A complete list of Eligible Wireless Devices is available by visiting any MAXIS store or by calling 123 from Your mobile device or 1-800-886-888.

 

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 for each Covered Equipment, beginning from the date You filed Your first valid service request with Us.

 

Monetary Reimbursement Option. At Our sole discretion, in the event of a valid service request for any Incident, 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.

 

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 at the time of receipt of Your Replacement Equipment. 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, we reserve our right to charge You a Non-Returned Equipment Fee equal to the equipment retail price published by Maxis at the time of your service request. YOU MAY AVOID THIS CHARGE BY SIMPLY RETURNING THE FAILED PROPERTY AS INSTRUCTED.

 

Handling of Personal Data. You expressly and knowingly consent and agree that We (including any third party vendor, or representative through which we provide services under this Contract) may handle or treat Personal Data (as that term is defined within the Personal Data Protection Act 2010) in accordance with the requirements of the Data Privacy Act. You further acknowledge and consent that, in providing the services hereunder, We or our agents may move, share and/or store Your Personal Data subject to the requirements of the Data Privacy Act within the Country of Malaysia and outside of Malaysia.

 

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
    1. Undeclared or civil war;
    2. Warlike action by military force; or
    3.  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
    1. Manufacturer’s recall; or
    2. Error or omission in design, programming or system configuration.
  7. Cosmetic Damage
    1.  Cracking, marring or scratching;
    2. Change in colour or other change in the exterior finish; and/or
    3. 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:
    1. disrupts the normal operation of the Covered Equipment; and/or
    2. 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
    1.  An Incident that takes place before equipment is Covered Equipment;
    2.  An Incident that takes place in any month for which the Enrolled Subscriber has not paid the required Service Fee; or
    3. An Incident that takes place after the effective date of cancellation of any enrollment.
  16. 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.
  17. Theft: 
    1. from any unattended premises;
    2. of Covered Equipment left unattended in a public place or place to which the public had access at the time of theft;
    3. malicious damage occurring at a primary or secondary school whilst in possession of a child; or
    4. if the Covered Equipment is stolen from an unattended vehicle, soft-top or open sided vehicles including watercraft, aircraft, train, or light rail.
  18. Mysterious damage
    Accidental Damage where no actual known or identifiable event or occurrence can be attributable to causing the damage to the Covered Equipment.
  19. Consequential loss or damage
    Loss of use, consequential loss, or consequential damages of any kind.
  20. 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.
  21. 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.
  22. Malfunction 
    An Incident arising out of Mechanical or Electrical Failure of the Covered Equipment.

 

Cancellation. You may terminate the Contract at any time for any reason by calling Us at 123 from Your mobile device or 1-800-886-888. You will not be entitled to any Service Fee refund for the Plan Term, but agree to pay to us the unpaid portion of the Service Fee at the time of termination of the Contract.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 Service Fee, commit fraud, or intentionally conceal or misrepresent a material fact concerning Your enrollment, Covered Equipment, or service request.

 

Ineligible Enrollment. If We determine that a device other than an Eligible Wireless Device has been enrolled in the Plan, We may cancel the enrollment by notifying You in writing. Upon the occurrence of an ineligible enrollment, We will provide a refund of all paid 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 and Enrolled Subscriber 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 and Enrolled Subscriber consent and agreement shall relate to all forms, disclosures, and notices required under applicable law and shall remain valid until such time as You and Enrolled Subscriber 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 and until there has been full compliance with all terms of this Contract.