Service Specific Terms & Conditions – mWorkforce

  • mWorkforce - Terms & Conditions
  • Appendix

 

Version [30 Mar 2018]

General

  1. mWorkforce: Comprises of mWorkforce Lite Plan, mWorkforce Standard Plan and mWorkforce Business Plan which may be subscribed either as a standalone product or as part of a bundle with Mobile Device(s) or connectivity from Maxis. The mWorkforce mobile application and mWorkforce web application are provided as part of mWorkforce.
  2. You: The Business Customer signing up for the mWorkforce.
  3. The mWorkforce and use of the Service(s) is subject to the General Terms & Conditions (“GTC”), this Service Specific Terms & Conditions (“SSTC”), Maxis Fair Usage Policy and any other applicable terms and conditions, all at www.maxis.com.my/tnc/business.
  4. Capitalised terms herein have the same meaning as defined in the GTC.
  5. Any conflict or inconsistency between this SSTC, the GTC and Summary Terms and Conditions (“STC”), shall be construed in the following order of precedence: (a) SSTC; (b) GTC; and (c) STC.
  6. You acknowledge and agree that by using the Internet in general, you may be subject to various risks, including amongst others:
    • unauthorised invasion of your privacy during, or as a result of, you or another party’s use of the network; and
    • unauthorised exposure of information and material you listed or sent, on or through mWorkforce, to other users, the general public or any other specific entities for which the information and material was not intended by you.

       

  7. Definitions and Interpretation

  8. Unless the context otherwise requires, the words below shall have the following meaning:
    Content” means certain information including but not limited to text, sounds, music, software, photographs, videos, data, graphics, images, animations, logos, button icons, audio clips, messages, links, listings or other materials published in any medium;
    End User” means your employee or agents or any person authorised to act on your behalf in relation to the mWorkforce;
    Log-on Detail” means the user identification detail / email address entered which is unique to you and accompanying initial password supplied to you for access to the mWorkforce;
    "Password" means the string of alphanumeric characters selected by you which, being unique to you and known only to you and Maxis, authenticates your user identification detail whenever you access the mWorkforce.

    Eligibility

  9. To be eligible for the mWorkforce, you must be our existing Business Customer. If you are not an existing Maxis Business Customer, you must subscribe to a new Maxis connectivity service (any MaxisONE Business plans, Flexishare plans, M2M/IoT plans or Maxis fixed services) at the point of signing up for mWorkforce. You are allowed to subscribe to either one of the mWorkforce Plans i.e. mWorkforce Lite Plan, mWorkforce Standard Plan or mWorkforce Business Plan only, and you are not allowed to combine multiple plans at any one time.

    Provision of mWorkforce

  10. In order to use the mWorkforce, it is necessary that you have device(s) that allows you access to the Internet. The mWorkforce does not include the provision or maintenance of any devices, computer equipment or software required by you to connect to the mWorkforce mobile application and mWorkforce web application.
  11. You are solely responsible to ensure all other device(s) or parts thereof are compatible and can properly function and to use only properly licensed third party software in connection with the use of the mWorkforce at your expense. For the avoidance of doubt, we shall not be liable for any failure to provide the mWorkforce due to faulty device(s).
  12. The features of each mWorkforce plan are set out in the attached Appendix. You acknowledge that we may modify or replace any software or add, remove, suspend of stop any features or functionalities of the mWorkforce at any time without notice to you.
  13. Maxis reserves the right to suspend all or any part of the mWorkforce for operational reasons or in an emergency.


    Our Content

  14. The compilation (including but not limited to the collection, arrangement and assembly) of all our Content in the mWorkforce is the exclusive property of Maxis or our service provider, as the case may be and protected by copyright, trademarks and/or other Intellectual Property rights and other relevant laws of Malaysia, the applicable laws of the country of domicile of the service provider and international copyright laws. You are only allowed to view and use our Content and mWorkforce for commercial purposes during the term of this Agreement. Our Content in the mWorkforce may not be reproduced, distributed, transmitted, published, displayed, broadcasted, stored, adapted, licensed, altered, hyperlinked or otherwise used in any manner or by any means except with our prior written consent.
  15. We reserve the right to modify, add or delete any of our Content appearing on or in connection with the mWorkforce, at any time without prior notice.
  16. You may not frame or utilise framing techniques to enclose any of our Content, trademark, logo, or other proprietary information (including images, text, page, layout, or form) of Maxis without our prior written consent. You may not use any meta tags or any other "hidden text" utilising names, logos or trademarks belonging to Maxis without our prior written consent.
  17. Unless expressly stated in this Agreement, no license or rights to our Content are granted to you and your access or use of the mWorkforce should not be construed as granting, by implication, estoppel or otherwise, any license or right to use the trademarks, trade names, logos, or service marks without Maxis’ prior written consent.
  18. You acknowledge and agree that by using the mWorkforce, you may be exposed to Content which is inaccurate, misleading, defamatory, offensive and unlawful. Any reliance on or use of any Content on or accessible from mWorkforce is at your own risk. We are not responsible nor do we endorse, support or guarantee the lawfulness, accuracy or reliability of any of our Content transmitted or displayed by or linked to the mWorkforce.


    Your Content

  19. We do not control, actively monitor or review your Content and you shall be responsible for any of your Content and for the accuracy, integrity, legality, reliability, appropriateness, quality and ownership of your Content.
  20. mWorkforce allows you and/or your End Users to post, upload, send or otherwise make available Content on your mWorkforce. When you do that, you retain the ownership rights in your Content which are your sole responsibility. You are also responsible for any links to other third party websites or resources or services that you use. We do not claim ownership of your Content and you (or your End Users) retain all right, title, and interest in and to your Content, with the exception of the materials which you take from our resources, in particular from the collection of predesigned templates.
  21. You are entitled to use materials that we render available to you solely to use mWorkforce for its intended purpose. Please note that our resources (in particular the predesigned templates) may include materials which are subject to third party’s copyright. You acknowledge and agree that we have the right at any time and at our sole discretion to remove such materials from our resources, disable access to such materials or demand that you immediately stop using them, in particular on your mWorkforce. If you do not satisfy our demand, we shall be entitled to delete such materials at our sole discretion, with no liability on our side. In the aforementioned situations you will not be entitled to any reimbursement of any amount paid by you to us.
  22. If you post, upload, send or otherwise make available Content which belong to a third party, you undertake to obtain the consent of such third party, in addition to and not in derogation of your obligations resulting from these terms and conditions.
  23. You acknowledge and accept that we may preserve your Content and disclose it if we are required to do so by law or if it is necessary to enforce these terms and conditions, a court order or a decision of a competent public authority, respond to claims that any of your Content or the activity of your mWorkforce violates the law or the third party’s rights.
  24. While we are not required to pre-screen or control your activity related to the use of the mWorkforce, you consent to allowing us to access, review, screen and/or delete any of your Content, block or suspend access to the mWorkforce or any part of it, with or without notice, at our sole discretion at any time if we receive any information or have reasonable suspicion that your or the End Users’ activity or your Content violate these terms and conditions or is otherwise objectionable. In the aforementioned situations we are not liable for the consequences of the measures taken.
  25. You should not post, upload or send Content that:
    1. violates or infringes a third party’s rights of publicity, privacy, copyright, trademark or other Intellectual Property right; or
    2. misrepresents or misleads; or
    3. bullies, harasses or intimidates; or
    4. slanders, defames or libels; or
    5. spams other users.


    Minimum Period of Service

  26. If you subscribe to mWorkforce as a standalone, the mWorkforce shall continue on a monthly basis unless you give Maxis thirty (30) days advance written notice of your intention to terminate this Agreement or unless terminated by Maxis.
  27. If you subscribe to mWorkforce as part of a bundle with Mobile Device(s) or connectivity from Maxis, you agree to be subject to a Minimum Period of Service of twenty four (24) months from the activation date (“First Term”). Upon expiry of the Minimum Period of Service, the mWorkforce shall be automatically renewed on a monthly basis (“Renewed Term”) on the same terms and conditions save for the monthly Charges unless terminated by either party.

    Charges

  28. The Charges for the respective mWorkforce shall be set out in the Maxis Registration Form. The Charges are exclusive of all applicable taxes including GST.

     

  29. The monthly Charges for mWorkforce shall be paid in full (1 month) regardless of the date of activation or termination.

    License(s)

  30. We hereby grant you the non-exclusive, non-assignable, non-transferable, limited and personal right and revocable license to use the mWorkforce. You must subscribe for a minimum of 5 licenses.
  31. New licenses added at any time during the respective First Term and/or Renewed Term shall continue on a monthly basis (if subscribed as a standalone without Mobile Device(s) or connectivity) or twenty four (24) months (if subscribed as part of a bundle with Mobile Device(s) or connectivity from Maxis) from the activation date and upon expiry shall be automatically renewed on a monthly basis unless terminated by any party. The Minimum Period of Service (if any) for each additional license(s) shall survive the duration of the Agreement and in such instance, these terms and provisions shall remain in full force and effect.
  32. You are not allowed to reduce the number of licenses if you subscribed to mWorkforce as part of a bundle with Mobile Device(s) or connectivity from Maxis.
  33. The ownership of mWorkforce does not at any time pass to you.

    Access and Password

  34. We will create an account and provide you with one (1) main Log-on Detail information required to connect to and access the mWorkforce, including a sufficient number of Log-on Details, as determined by us to provide your End User(s) with access. You agree that you are responsible for any activity that occurs in your account and shall be liable to pay increased licence fees on the basis of increased number of users,
  35. Maxis reserves the right to request you to reset or alter your Password. You may change and/or create new Log-on Details at any time by submitting a request to us in writing which shall be subject to our approval and any additional charge. The right to your account, Log-on Detail and other identifiers used for the mWorkforce does not transfer to you and can be disabled, reclaimed and reused once your account is terminated or deactivated for whatever reason by either you or us.
  36. You are encouraged to periodically change your Password especially when an End User is changed.
  37. We reserve the right to invalidate or suspend your Log-on Details and Password at any time without being obliged to offer you any explanation or prior notice in the event of (i) non-payment, (ii) suspected and/or proven misuse of the mWorkforce, (iii) you are not complying with your responsibilities and obligations under this Agreement, or (iv) any infringement of a third party's Intellectual Property occurs or is alleged in connection with the mWorkforce. We shall not be liable for any loss or damage which you may suffer as a result of such invalidation and/or suspension.

    Your responsibilities and obligations

  38. You acknowledge and agree that you shall:
    1. adhere to the terms and conditions herein and at https://www.mworkforce.biz/eula;
    2. always use caution when giving out any personally identifiable information about yourself or your personnel via mWorkforce and/or the Services;
    3. not carry out or permit to be carried out any additions, improvements, adjustments, modifications, alterations or replacements to mWorkforce without the prior written consent of Maxis;
    4. retain mWorkforce at all times in the custody and control of yourself and not permit any third party to use mWorkforce. Use of mWorkforce by any third party shall be deemed to be use of mWorkforce by you;
    5. be solely responsible for any data or Content transmitted or broadcasted (whether authorised by you or not) and the security of any data/information retrieved, stored or transmitted and managing the use of the storage capacity for your data/information to ensure it is within the capacity allocated to you. We are not liable for any unauthorised access to any data/information notwithstanding the cause of such unauthorised access and shall have no obligation to back up or manage the data/information;
    6. not suspend mWorkforce at any time. mWorkforce shall continue even if you suspend the Maxis connectivity service;
    7. access the mWorkforce mobile application and mWorkforce web application only through the interface provided by Maxis and not by any other automated means or interfaces;
    8. use the mWorkforce at your own risk, including information and data you upload, input or provide when using the mWorkforce;
    9. use all precautions to prevent, and report immediately to us upon the discovery of, any fraud, unauthorised usage, or any other unlawful acts. You agree to lodge a police report whenever instructed by us and to give us a certified copy of such report;
    10. not use or permit the use of the mWorkforce or install, connect, link or use or permit the installation, connection, linking or use of any equipment in contravention of any law or which generates or is likely to generate traffic or usage which causes or is likely to cause congestion in or disruption to the provision or operation of any service by us or any other service provider;
    11. use the mWorkforce according to the specifications, guidelines and recommendations and shall immediately disconnect or cease to use the mWorkforce at our request;
    12. impose necessary restrictions and obligations on the End Users to ensure they uphold these terms and conditions as if the End Users were a party to this Agreement;
    13. be adequately insured with a reputable insurer against all risks which a prudent person carrying on its business would insure against;
    14. be responsible for obtaining and maintaining all licences, permits, consents, authorisations and intellectual property or other rights required for the use of the mWorkforce and other equipment and software in your name and at your expense; and
    15. ensure that all other equipment and software used in connection with the mWorkforce or part thereof are compatible and can properly function.


  39. Definitions and Interpretation

  40. mWorkforce is provided by a third party service provider. In addition to and not in derogation of the GTC, we exclude any liability related to it and are not responsible for any loss, damage, liability or expenses arising from any claims whatsoever including but not limited to cyber terrorism, invasion of privacy, infringement of intellectual property rights or breach of any law or regulation arising from the use of the mWorkforce, whether by you or any other third party. Risk passes to you immediately upon activation of the mWorkforce.
  41. We do not control or endorse the content, messages or information found in the mWorkforce and, therefore, we specifically disclaims any liability with regard to the mWorkforce and any actions resulting from your use of the mWorkforce.
  42. We are not liable for any unauthorised access or use of the mWorkforce (notwithstanding the cause of such unauthorised access) and for any loss or damage due to loss of your information and/or data and shall have no obligation to back up or manage the data/information.
  43. We do not recommend the use of the mWorkforce where the risk of non-connection or loss of connection of the mWorkforce carries a material risk. We will not be held responsible for any loss or damage that you or any third parties might sustain as a result of the use of the mWorkforce by you. Accordingly you may only use the mWorkforce if you accept all such risk and insure accordingly.

    Termination

  44. If you terminate mWorkforce or the Service(s) resulting in the termination of mWorkforce before the expiry of the First Term, you will be charged with an early termination charge per license. The calculation for the early termination charges shall be: The monthly commitment fees of the mWorkforce X the balance of the Minimum Period of Service (“Early Termination Charge”)
  45. If you (i) downgrade the mWorkforce Plan (ii) re-sell, re-supply, transfer and/or assign/novate the mWorkforce license to a third party, or (iii) change, transfer or assign/novate the mWorkforce to a different payment responsible accounts, we are entitled to terminate the mWorkforce. You may be charged with the Early Termination Charge. Upon any re-subscription of the mWorkforce by you, the First Term shall begin anew.
  46. Once the mWorkforce or any of its parts or features are terminated, suspended or downgraded, certain processes that took place with respect to your account, set or planned campaigns, collected data and other information, cannot be reversed, and we shall bear no responsibility for consequences resulting therefrom.
  47. We reserve the right without liability, to discontinue or terminate the mWorkforce or any part thereof for whatever reason including but not limited to reason of non-payment without any notice to you.
  48. You shall still be liable for all monies due and owing by you as at the date of discontinuance or termination.