Terms and Conditions
- The Service
- Definitions and Interpretation
- Agreement Period
- Minimum Subscription Period
- Application for the Service
- Service Availability
- Installation & Account Activation
- Telephone line through TM fixed line only;
- AC power supply for HSBB equipment and/or modem;
- Hubs, Routers, Servers (for Networking purposes);
- Internal wiring;
- Personal computer (with CD Drive and LAN connection card (NIC)) and must conform with the specifications described by TM upon registration;
- DSL Modem (if modem is not leased from TM as part of the package subscribed);
- Approval in writing of the developer or building management corporation or the building owner, in the event that the Customer’s premise is located at the high rise building that need the said approval for the installation of the Service; and
- Any other requirement as specified in the Application Form and the attachment thereof or upon terms as TM may notify to the Customer from time to time.
- Change of Service Package Plan
- Customer’s Responsibilities
- be responsible for the set-up or configuration of his own equipment for access to the Service;
- ensure his readiness for installation of the Service on the appointment date in accordance with Clause 7 hereof;
- comply with all notices or instructions given by TM from time to time in respect of the use of the Service;
- be solely responsible for obtaining, at his own cost, all licenses, permits, consents, approvals, and intellectual property or other rights as may be required for using the Service;
- comply with the rules of any network to which the Customer has access through the Service;
- comply with and not contravene any and all applicable laws and regulations of Malaysia, whether relating to the Service or otherwise including but not limited to the Communications and Multimedia Act, 1998;
- be solely responsible for all information retrieved, stored and transmitted by the Customer through the use of the Service;
- obtain TM’s prior approval before making any changes to the network configuration and interconnecting the private network to any public network;
- be responsible for ensuring that the Customer’s personal computer is equipped with network card;
- provide basic infrastructure for installation of the Leased Equipment including but not limited to internal wiring and in the event that the Customer is not leasing the Leased Equipment from TM, the Customer shall be responsible for purchasing the equipment at his own cost to enable connectivity of the Service;
- be responsible for any change and cost associated to any modification made to the external or internal wiring for connectivity of the Service. If Customer attend to any renovation work that obstruct any access to any drop wire termination point, any necessity for the relocation of drop wire termination point as determined by TM shall be at Customer’s cost. Save as aforesaid, any cost associated with relocation of drop wire termination point solely as a result of TM’s requirement shall be borne by TM;
- pay and settle all Fees and any other charges due to TM in accordance with this Agreement;
- abide and adhere to the terms and conditions of this Agreement inclusive of the additional terms and conditions as specified in Schedule 1 hereof; and
- be responsible to maintain in good condition any Leased Equipment by TM. In the event any of the Leased Equipment is faulty, lost or damaged due to any fault or negligence of the Customer, the Customer will have to bear the cost of the Leased Equipment according to its depreciated value that shall be determined by TM.
- Prohibited Use
- not use the Service for any unlawful purpose including without limitation for any criminal purposes;
- not use the Service to send unsolicited electronic messages or any message which is obscene, threatening or offensive on moral, religious, racial or political grounds to any person including a company or a corporation;
- not compromise or infect any systems with computer viruses or otherwise;
- not infringe any intellectual property rights of TM, its related companies and subsidiaries or any third party;
- not gain unauthorised access to any computer system connected to the Internet or any information regarded as private by any person including a company or corporation;
- not share the Service with any person including a company or corporation without the prior written approval of TM and shall use the Service only for the purpose for which it is subscribed;
- not resell or sublet the Service to any third parties without prior written consent from TM; and,
- not use the Service in any manner, which in the opinion of TM may adversely affect the use of the Service by other Customers or efficiency or security as a whole.
- Security and Other Features
- Leased Equipment
- take appropriate measures to safeguard the Leased Equipment;
- properly maintain and keep the Leased Equipment at a safe place;
- adhere to all instructions and notice (written or otherwise) given by TM from time to time regarding the use of such Leased Equipment;
- be responsible for all costs of repairs incurred in relation to the Leased Equipment in the event it is proven that any fault in such Leased Equipment whether by act or omission is caused by the Customer;
- return and surrender the Leased Equipment to TM in the same condition as and when it was first provided to the Customer, normal wear and tear excepted, upon termination of the Service;
- be liable to pay TM for any Leased Equipment which the Customer fails to return or surrender to TM upon termination of the Service;
- not hold TM liable in the event that the Customer’s own equipment and/or other devices is damage due to including but not limited to floods, fire and lightning strike whilst using the Leased Equipment; and
- not hold TM liable or responsible in the event that TM are unable to replace or change the Leased Equipment to a similar model or type as the Customer’s existing Leased Equipment and TM reserves the right to replace the Leased Equipment to any model or type available at the relevant time, at TM’s sole discretion.
- Customer’s Equipment Installation
- Lawful Purpose
- Suspension of Service
- any fee and/or payment due hereunder for the Service provided is not settled in full on due payment date;
- the Customer fails to comply with the terms of this Agreement;
- any scheduled or unscheduled outages occur which cause interruption to the Service, including but not limited to maintenance of TM’s equipment or systems.
- Change of Customer’s Details
- the other breaches any term, condition, undertaking or warranty under this Agreement and such breach shall remain unremedied for a period of thirty (30) days after receipt of the written request to remedy the same;
- the other becomes bankrupt or enters into any composition or arrangement with or for the benefit of creditors or either party or allow any judgment against either party to remain unsatisfied for the period of twenty-one (21) days; or,
- any event of Force Majeure occurs as specified in Clause 31 hereof, which continues for a period of more than sixty (60) days.
- fails to comply with TM’s policy(ies) and/or instruction(s) communicated to the Customer, in writing; or,
- is in breach of any provision under Communications and Multimedia Act, 1998 or any other rules, regulations, by-laws, acts, ordinances or any amendments to the above.
- the Customer fails to make payment of any of the Fees, charges and/or any sum due to TM within the stipulated time. Notwithstanding the termination by TM, the Customer shall remain liable for all Fees due and owing to TM during the Minimum Subscription Period.
- the Customer fails to comply with the terms of this Agreement, and TM, in its sole discretion is of the opinion that such breach shall not be tolerated and shall not fall under provision of Clause 20.1 (i) above; and/or,
- the Customer provided false or incomplete information to TM.
- Confidential Information
- Compliance with applicable laws
- Binding on Successors
- Indulgence and waiver
- Force Majeure
- Governing Law and Court Jurisdiction
- Costs and Taxes
- TM shall: * provide to the Customer information that may be reasonably required to establish its liability for GST; and * provide such information and documents as may reasonably be required by the Customer to enable the Customer to claim an input tax credit under the law applicable to GST ; and
- where a taxable supply has been made and consideration charged but the applicable GST has not been charged, the increase in the consideration required by clause 33.3 shall be paid by the Customer.
- Customer’s Warranties and Acknowledgement
- he has the legal capacity to enter into this Agreement and is not a minor; and
- if the Customer is a body corporate, it has the required corporate authority to enter, execute and be bound by the terms and conditions of this Agreement.
- he has read and fully understood all the terms and conditions herein upon signing the Application Form and agrees to be bound by the same upon TM accepting the application;
- the details and documents provided to TM together with the Application Form are true, genuine and contain the latest information and allows TM to conduct independent verification of the same with any organization or body;
- It is TM’s policy to use the Customer’s data and personal information acquired through the registration process or through the Customer’s use of TM’s products and services for its business purposes.
- TM may use the Customer’s personal information for the internal purposes of customizing advertisements and content on the website(s) and TM’s partner sites, providing information to the Customer of other products and services available from TM and its affiliate, processing and fulfilling Customer request for products and services, responding to Customer enquiries, conducting research for improvement of the Service and statistical analysis and the general operation and maintenance of the Service and its related website(s).
- TM will disclose the Customer’s personal information if required to do so by law or in good faith, if such action is necessary to:
- comply with any law enforcement agency, court orders or legal process; and/or
- protect and defend the rights.
PRIVACY STATEMENT – IMPORTANT NOTICE
TYPES OF PERSONAL INFORMATION myunifi.co COLLECTS ABOUT YOU
1.1 During the Registration Process
Each time you register with myunifi.co, you will be asked to provide certain personal information about yourself. The type of details collected during the registration process include (but are not limited to) your name, date of birth, gender, nationality and race, preferred language, current and previous private and/or business address, installation address, telephone or mobile phone number, fax number, email address and particulars of identity documents (including NRIC or passport number).
1.2 When you visit this Site
When you visit this Site our web servers automatically collect information about your visit to these sites, including your IP address, the time, date and duration of your visit. Your IP address is a unique identifier for your computer or other access device.
1.3 Through your communications with myunifi.co or through Postings you make on a myunifi.co Site
myunifi.co also collects your personal information through direct communications myunifi.co has with you (including by SMS, emails and phone conversations) and when you respond to requests from myunifi.co (such as questionnaires or surveys). This might include any personal information about yourself which you provide to us, including information about your personal interests and preferences.
This personal information will only be collected with your knowledge and consent as it is your choice whether or not you respond to or initiate such communications with myunifi.co. We may monitor and record our communications with you (although we will always inform you if your call with us is being recorded). It is voluntary to provide this additional information or to have your call recorded. However, if you do not agree to this information being collected and used by myunifi.co then you should not provide, which in turn means that you may not be able to participate in or receive the full benefit of such communications, questionnaires or surveys.
PURPOSES OF ACQUIRING AND PROCESSING YOUR PERSONAL INFORMATION
The purposes for which myunifi.co processes your personal information are as follows:
to verify your identity.
to assess and/or verify credit worthiness.
to detect and prevent fraudulent activity.
to process your order for Products and Services which you have requested;
to provide the Products and Services which you have requested;
to contact you should we need to regarding the Products and Services you have acquired;
to maintain and develop our business systems and infrastructure, including testing and upgrading of these systems;
to gain an understanding of your information and communication needs in order for myunifi.co to enhance and personalize the Products and Services that we offer you;
to conduct research and development and statistical analysis in connection with the Products and Services (including by aggregating information about you and your spending and use of Products and Services with other users of our Products and Services) to identify trends and develop new Products and Services which reflect the interests of customers such as yourself;
to assist us in understanding the browsing preferences of users such as yourself on the myunifi.co Sites so that we can tailor content according to individual preferences.
TO WHOM YOUR PERSONAL INFORMATION IS DISCLOSED
Sometimes myunifi.co needs to disclose your personal information to third parties outside myunifi.co. This is in order for us to effectively manage our business including to deliver the Products and Services to you and to achieve the purposes described above. The following are the classes of third parties to whom myunifi.co may disclose your personal information:
to third parties contracted by myunifi.co to assist us in delivering all or part of our Products and Services to you, including without limitation companies contracted to provide to myunifi.co:
customer enquiry and other customer related services (including telemarketing);
data processing services
maintenance and repair services
information technology services
market research and website usage analysis services
content and product (only when you have requested their content/product)
Whenever we provide any personal information to these classes of third parties we take reasonable steps to ensure that these organizations are contractually bound not to use your personal information for any reason other than to provide the service they are contracted by us to provide and to adequately safeguard your personal information.
to strategic partners that work with myunifi.co to provide myunifi.co Products and Services or that help market myunifi.co’ Products and Services (such as our network of dealers);
to myunifi.co’ agents or contractors (including debt collection agencies) for the purposes of recovering any amount due to myunifi.co from you.
to regulatory bodies, governmental bodies or other authorities if required or authorized to do so to discharge any regulatory function, under any law or in relation to any order or judgment of a court.
to regulatory bodies, governmental bodies or other authorities for the purpose of detection or prevention of crime, illegal/unlawful activities or fraud or for the apprehension or prosecution of offenders, or for an investigation relating to any of these.
to any party involved in or related to a legal proceeding (or prospective legal proceeding), for purposes of the legal proceedings.
otherwise as permitted under Malaysian law, including without limitation, the Personal Data Protection Act 2010; and
YOUR OBLIGATIONS REGARDING YOUR PERSONAL INFORMATION
4.1 Your Obligations
You are responsible for providing accurate and complete information to us about yourself and any other person whose personal information you provide us and for updating this personal information as and when it becomes incorrect or out of date by contacting myunifi.co. It is a condition of us providing the Products and Services to you that you promise to do this.
In some instances you may need to provide to myunifi.co personal information about someone other than yourself (for example about your spouse or children if you are acquiring and are responsible for a service that they will use). If so, we rely on you to inform these individuals that you are providing their personal information to us, to make sure they consent to you giving us their information and to advise them about where they can find a copy of this Privacy Statement (on our website at www.myunifi.co).
TO CORRECT PERSONAL INFORMATION OR DELETE IT FROM OUR CUSTOMER RECORDS
With your support myunifi.co will keep personal information accurate and up to date. You may request to amend, correct or delete your personal information. Please notify us of your wishes by email us at email@example.com.
LINKED SITES AND THIRD PARTIES
Personal Data Protection Act 2010 (PDPA)
Please be advised that https://myunifi.co/ is giving you this Notice and Statement as an exercise to comply with the Personal Data Protection Act 2010 (PDPA).
What Personal Information Do We Collect?
If you choose to transact with https://myunifi.co/ for subscription of any TM products and/or services, you will be asked to provide your personal information such as name,identification card number, mailing address,installation address, phone number(s),email address, contact preferences and existing Streamyx details.
You will also be required to explicitly provide your consent to the provision of your personal information for mentioned in the form and manner as indicated here in our online registration process, failing which you will not be able to subscribe for the products and/or services you are interested to.
How We Use Your Personal Information ?
Your personal information will be used for processing for all related products and/or services and analysis to provide services to you. Further, we will process your personal information for the following purposes:-
- Assessing your application or continued provisioning of the products and / or services (whichever is applicable);
- Submitting your unifi application form, IC / passport and other documents to TM
- Customizing advertisements and content on TM’s website(s) and the sites of TM and its group of companies (for further information on the TM’s group of companies, please visit www.tm.com.my);
- Responding to your enquiries;
- Research purposes including historical and statistical purposes;
- General operation and maintenance of the products and / or services provided including audit and its related website(s);
- Verification purposes;
- Matching any data held by TM or its group of companies relating to you from time to time;
- Provide you with regular communications from TM relating to the products and / or services provided; and
- Investigation of complaints, suspected suspicious transactions and research for service or products improvement.
By submitting your information to https://myunifi.co/ ,you hereby consent and authorize us in obtaining and verifying any information about you which we may require in connection with your application for any of TM’s products and/or services and/or review of the existing account with TM from any third party, especially credit bureau or reference agencies. Such consent and authorization here in will extend to any information obtained from any of the account(s) presently maintained for you,any new application for anyform of services rendered or products provided by TM, such historical financial or credit records,data or information whether or not provided personally or by any other sources relating to you which was collected,received, captured,compiled,secured and/or obtained by TM through or by whatever means or methods or forms.
Disclosure of Your Personal Information
If you choose to register and transact with https://myunifi.co/ , your personal information may be shared where necessary and only on a need to know basis with other TM subsidiary oragencies so a to serve you in the most efficient and effective manner. An example might be in terms of resolving or addressing complaints that require escalation to other TM Subsidiary oragencies. We may disclose your personal information to the following parties for the purposes stated above:-
- TM’s service providers or agents who are involved in providing the products and / or services;
- Third parties (including those overseas) who provide data processing services
- Any credit reference agencies or, in the event of default, any debt collection agencies;
- Any person, who is under a duty of confidentiality to which has undertaken to keep such data confidential, which TM has engaged to fulfil its obligations to you
- Any actual or proposed assignee, transferee, participant or sub-participant of TM’s rights or business.
Your personal information will not be disclosed to any unauthorized third party.
Your personal information may be disclosed due to reasons of law,legal process,litigation, and/or requests from public and governmental authorities and any disclosure will be to such public and governmental authorities only. We may also disclose information about you if we determine that for purposes of national security,law enforcement, or other issues of public importance,disclosure is necessary or appropriate.
If you would like to request access or correction of your personal information, you may contact TM Contact Centre or you can visit the nearest TM Point. Any request of access to correct personal information may be subjected to a fee and also to applicable provisions in the PDPA. However,were serve the right to decline to process requests which jeopardize the security andprivacy of thepersonal information of others as well as requests which are impractical or not made in good faith.
Where you elect to limit TMs right to process your personal information,you may contact TM Contact Centre or visit the nearest TM Point.