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Terms & Conditions
Moblife.TV Sdn. Bhd. (Moblife.TV) will allow Customer to access to Moblife.TV Bulk SMS services (“GO!SMS Service? in accordance to the terms and conditions stated herein, provided that Customer fulfills its obligations hereunder. Moblife.TV shall have the right to amend, vary and add the terms and conditions to GO!SMS Service without prior notice to Customer. By using GO!SMS Service, Customer is deemed to have read, understood, agreed and accepted the terms and conditions stated hereunder and other terms and conditions which may be amended, varied and added by Moblife.TV from time to time without prior notice to Customer.
1.
Customer Responsibility
Customer agrees and undertakes to:-
1.1 Be Responsible not to use GO!SMS service:
1.1.1 To send unsolicited or unwelcome messages;
1.1.2 For any purpose which is against public interest, public order or national harmony;
1.1.3 to provide information that is offensive on moral, religious, communal or political grounds.
1.1.4 for spamming activity. "Spamming" shall mean (i) a situation where SMS are sent to Mobile Subscribers without their prior consent and/or (ii) any unlawful or fraudulent SMS.
1.1.5 for scamming activity. “Scamming?shall mean (i) Providing misleading information in any manner which may infringe the copyright, patent, trademark, trade secret or other proprietary rights of any third party or rights of privacy.
1.2 Indemnify Moblife.TV and hold Moblife.TV harmless from and against any and all claims, actions, proceedings, damages, liabilities, costs (including legal costs on a solicitor-client basis and expenses), expenses, losses, including consequential losses incurred or suffered by Moblife.TV that may be caused by or arise, whether directly or indirectly from the content provided by Customer and/or any breach of this Agreement by Customer.
1.3 Keep secure any identification, password and other confidential information relating to your account and shall notify us immediately in writing of any known or suspected unauthorized use of your account or breach of security, including loss, theft or unauthorized disclosure of your password or other security information.
1.4 Customer shall only broadcast the marketing messages between 8a.m. to 7 p.m. as per SKMM guidelines.
2.
Intellectual Property
2.1 Moblife.TV will retain all rights and title to GO!SMS services and any of its trademarks, trade names, names, brands, logos, symbols and other proprietary designations and no transfer of rights is made under this Agreement. Customer does not have the rights to use Moblife.TV’s trademark, trade name or any intellectual property rights whatsoever.
2.2 Customer will retain all rights and title to the content and any of its trademarks, trade names, names, brands, logos, symbols and other proprietary designations and no transfer of rights is made under this Agreement.Moblife.TV does not have the right to use Customer’s content, trademark, trade name, or any intellectual property rights whatsoever.
3.
Confidentially
3.1 Each party shall keep all information confidential and shall not without the prior consent in writing of the disclosing Party copy or disclose to any third party information or any contents of any documents
3.2 Each party acknowledge and agree that all confidential information disclosed by or on behalf of the party disclosing such information shall be and remain the property of the Disclosing party.
3.3 The foregoing obligations shall not apply to any information which:
4.3.1 was already in the public domain or becomes so through no fault of the Receiving Party;
4.3.2 was known to the receiving party prior to disclosure by the disclosing party as proven by the written records of the receiving party.
4.
System Upgrade & Availability
4.1 Moblife.TV and operators have the right to perform maintenance and upgrade of their respective services. Customer has no right to claim any compensation whatsoever for such interruption.
4.2 In event Moblife.TV has no access to operator SMS system; no SMS can be process and sent. Moblife.TV shall have no liability for any damages caused whatsoever by such non-availability.
5.
FORCE MAJEURE
5.1 Moblife.TV shall not be liable for any breach of this Agreement caused by Acts of God, insurrection of civil disorder, war, or military operations, national or local emergency, acts or omissions of Government, highway authorities or other competent authority, industrial disputes of any kind, fire, lightning, explosion, flood, subsidence, inclement weather, acts or omissions of persons or bodies which are outside of Moblife.TV reasonable control.
6.
Suspension of Service
6.1 If Customer does not comply with the terms in this Agreement, Moblife.TV reserves the right to suspend the provision of Moblife.TV SMS services or any part thereof immediately without any prior notice and without any liability or obligation to Moblife.TV.
6.2 Each Operator has the right to demand Moblife.TV to immediately disconnect any Content from access to Moblife.TV SMS services without case or explanation. If Operator has made such demand, Moblife.TV will disconnect such content without any prior notice and without any liability or obligation and Moblife.TV will inform Customer related to such disconnection.
6.3 If Customer shall rectify such default to the satisfaction of Moblife.TV, the Moblife.TV SMS Services or any part thereof shall be reinstated.
8.
Exclusion of Liability
8.1 Moblife.TV will not be liable for any loss or damage arising from loss of business, revenue or profits, anticipated savings or wasted expense, corruption, destruction or loss of data or video, costs of substitute services of any nature whatsoever, breach of privacy or security of communication or for any indirect, special or consequential loss whatever including those arising from or occasioned by; including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, "hacking", theft, operator errors, unauthorized access, any malfunction or defect in the services or environmental conditions.