PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE YOU SIGN UP FOR THE E-BROWSE SERVICE. BY INDICATING YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS CONTAINED HEREOF, YOU ARE DEEMED TO ACKNOWLEDGE AND AGREE TO BE BOUND BY ALL THE FOLLOWING TERMS AND CONDITIONS FOR THE USE OF E-BROWSE SERVICE PROVIDED BY TM NET SDN. BHD. (TM NET). TM NET RESERVES THE RIGHT TO UPDATE OR REVISE THE TERMS AND CONDITIONS FROM TIME TO TIME. TM NET MAY GIVE NOTICE OF AMENDMENT TO THE CUSTOMER IN SUCH MANNER AS TM NET DEEMS APPROPRIATE. CONTINUATION IN THE ACCESS OR USE OF THE E-BROWSE SERVICE SIGNIFIES ACCEPTANCE OF THE CHANGES TO THE TERMS AND CONDITIONS WITH REGARD TO THE E-BROWSE SERVICE.
1. The Service
TM NET is a company involved in, amongst others the provision of Internet and multimedia products and services and is desirous at the request of the Customer to provide to the Customer, e-browse Service, a portal owned and hosted by TM NET on TM Net’s server, which will allow the Customer to browse the Content (as defined herein) via the Internet on the terms and conditions set forth herein, as may be amended from time to time by TM NET (hereinafter referred to as “the Service”).
“Agreement” means the terms and conditions contained herein and any variation and additions to this terms and condition as may be decided by TM Net from time to time.
“Registration Form” means the online or manual registration form that must be filled in by the Customer to in order to use the Service.
“Confirmation Payment Page” means the portal page where details such as Content, fees and published time are provided before the Customer agrees to subscribe to the Service.
“Commencement Date” means the day the Service commence upon either acceptance of the signed application form or upon clicking on the ‘I accept’ button found in the Confirmation of Payment Page whereby the Customer is able to view the Content in their User Account once transaction successful. A transaction is successful upon notification of the same at the final stage of the subscription process
“Customer” under this Agreement shall mean a natural person other than a minor, a corporate body, partnership, associations, company, government and/or non-government organization whose application to enter into this Agreement is accepted by TM Net and shall include his successors and permitted assigns and is synonymous with the term “subscriber” or “applicant” wherever used in other correspondence or documents.
“Content” means the relevant text, graphics, news and all forms of information in the local and international newspapers, publications and magazines transformed over the Internet by TM Net.
“TM NET” means TM Net Sdn. Bhd., a company incorporated under the laws of Malaysia with its business address at Level 41 South, Menara TM, Jalan Pantai Bahru, 50672 Kuala Lumpur, Malaysia .
“Service Subscription Period” means the duration of Subscription of the Service as agreed by the Customer in the Confirmation of Payment Page
“Streamyx” means an Internet broadband access service which provides “always on” connection to the internet.
“Subscription Process” means the process of subscribing to the Service online from filing in the Customer’s information in the Registration Form to clicking the ‘submit’ button located at the Confirmation of Payment Page up to receiving notification of successful transaction or failure of subscription
“User Account” means an account under the name of the Customer in relation to the Service subscribed by the Customer.
Word and expressions donating the singular include plural numbers and word and expressions denoting the plural shall include the singular number unless the context otherwise require.
Word denoting natural persons include bodies corporate, partnerships, sole proprietorship, joint ventures and trusts.
The expression “him” or any other expressions appear herein shall be deemed to include the masculine, feminine, plural thereof where the context so admits.
3. Agreement Period
This Agreement shall be valid from the Commencement Date for the duration of the Service Subscription Period.
4. Application for the Service
The Customer is required to submit accurate, current and complete information of the Customer for the purpose of subscribing to the Service and the Customer hereby undertakes to update such information in the event of any change thereto.
5.1 The Fees for the Service shall be payable as indicated and agreed by the Customer in the Confirmation Payment Page.
5.2 The fees for the Service shall be payable through the following mode of payment:
(i) Credit card;
(ii) TM NET prepaid cards; or
(iii) TM NET postpaid accounts.
5.3 The Customer shall remit the total Subscription Fee via the mode of payment describe in Clause 5.2 in order to receive a Successful Transaction notification.
5.4 In the event that Customer terminates his account at any time before the end of the Subscription Period as agreed in the Confirmation Payment Page, the Customer shall be liable to pay to TM NET the full fees for the Service for the remainder of the duration of the Subscription Period.
5.5 Notwithstanding any Customer dispute for any reason(s) whatsoever the Customer shall be liable for and shall promptly pay on demand all charges, fees, costs, or other amounts whatsoever owed to TM NET
6. Customer's Responsibilities
The Customer shall:
7. Prohibited Use
- comply with and not to contravene with all applicable laws of Malaysia relating to the Service;
- be responsible for the set-up or configuration of his own equipment for access
to the Service;
- ensure that the Customer’s equipment configuration comply with the configuration
stated in http://www.ebrowse.com.my or any other website of TM NET in order to use the Service;
- comply with all notices or instructions given by TM NET from time to time in
respect of the use of the Service;
- comply with the rules of any network to which the Customer has access through
- conform to Internet etiquette that is required by the electronic forums
including the TM NET 's Conditions of Use as may be decided by TM NET from time
- be solely responsible for all information retrieved, stored and transmitted by
the Customer through the use of the Service;
- obtain TM NET '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;
- pay and settle all Fees and any other charges due to TM NET in accordance with
- abide and adhere to the terms and condition of this Agreement;
The Customer shall not:-
- not use the Service for any unlawful purpose including and without limitation criminal purposes;
- not infringe any intellectual property rights; and
- not use the Service in any manner, which in the opinion of TM NET may adversely affect the use of the Service by other Customers or efficiency or security as a whole.
8. Security and Other Features
8.1 The Customer shall take all such measures as may be necessary to protect his own system and network.
8.2 The Customer shall be responsible for maintaining the confidentiality of his passwords, if any, (including without limitation changing his passwords from time to time) and shall not reveal the same to any other person. Where user identification is necessary to access the Service, the Customer shall use only his user identification.
8.3 The Customer shall inform TM NET within twenty four (24) hours if the User Account or password is stolen or lost. Until such report has been made, the Customer shall be responsible for all transactions and access using the User Account, user identification or password by any third party and TM Net shall not be held responsible for any prohibited and/or unauthorized use of the Service as provided in this Agreement.
9. Suspension of Service
Without prejudice to any other rights or remedies and notwithstanding any waiver by TM NET of any previous breach by Customer, TM NET may temporarily suspend the Service without any penalty for a period at TM NET’s discretion for the following purpose:
- in the event any Fee or payment due to TM NET is not settled in full or on the due date;
- in the event the Customer fails to comply with any of the terms of this
- for maintenance of TM NET’s equipment and telecommunication systems;
- scheduled or unscheduled outages which causes interruption to the Service.
and TM NET may at its discretion gives a notice to the Customers by any means that TM NET deems fit
10.1 Without prejudice to any other rights or remedies of the parties under this Agreement or at law either party may terminate this Agreement, in the event:
- 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.
10.2 the Customer may terminate the Service for breach due to TM NET by giving at least (14) days written notice to TM NET and such notice shall include Customer’s name, Customer Username and Password. TM NET will terminate the Service within seven (7) days of receipt of notice. Customer will be responsible for the payment of any fees accrued prior to the termination date. No fees already paid to TM NET will be refunded.
10.3 Without prejudice to any other rights or remedies of TM Net under this Agreement or at law, TM NET may terminate this Agreement by giving the Customer fourteen (14) days notice, in writing, if the Customer:terminate this Agreement by giving the Customer fourteen (14) days notice, in writing, if the Customer:
- fails to comply with TM NET’s policy(ies) and/ or instructions(s) communicated to the Customer, in writing; or,
- is in breach of any provision under Communication and Multimedia Act, 1998 or any other rules, regulations, by – laws, acts, ordinances or any amendments to the above
10.4 Notwithstanding the above, TM NET may terminate the Service under this Agreement immediately, without penalty, if:
- the Customer fails to make payment of fees, Charges and/ or any sum due to TM NET within the stipulated time. Notwithstanding the termination by TM NET, the Customer shall remain liable for all fees due and owing to TM NET
- the Customer fails to comply with the terms of this Agreement, and TM NET, in its sole discretion is of the opinion that such breach shall not be tolerated and shall not fall under provison of Clause 10.3 above; and/OR
- the Customer provided false or incomplete information to TM NET.
10.5 Such termination, as hereinbefore mentioned in Clauses 10.3 and 10.4, shall not prejudice the right of TM NET to recover all charges, costs and interests due and any other incidental damages incurred thereto.
10.6 Notwithstanding any provisions in this Agreement to the contrary, this Agreement may be terminated by either Party upon thirty (30) days written notice to the other Party. In the event the Customer terminates this Agreement, the effective date of the termination shall be the date the notice of termination is received by TM NET and the Customer shall be liable for any accrued payment with regard to the Customer’s subscription as stated herein.
10.7 Upon termination of the Service or the Agreement, all monies owing by the Customer to TM NET shall immediately become due and payable and the Customer shall upon demand by TM NET settle all amounts within the time stipulated by such demand.
10.8 Any fee and/ or charge paid by the Customer to TM NET pursuant to this Agreement shall not be refundable upon termination of the Service by the Customer.
10.9 TM Net shall not be liable to the Customer for any claims for damages or costs of any nature whatsoever arising out of discontinuance of the Service or termination or expiration of this Agreement in accordance with its term including but not limited to any claim for loss of profits or prospective profits or for anticipated loss.
11. Consequences of Termination
Upon termination of this Agreement, TM NET shall promptly discontinue providing the Service to the Customer. All provisions regarding indemnification, warranty, liability and limits thereon, and confidentiality and/ or protection of proprietary rights and trade secret shall survive indefinitely or until the expiration of any time period specified elsewhere in this Agreement with respect to the provision in question, and termination of this Agreement shall not relieve the Customer of its obligation to pay accrued fees. In no event shall TM NET be required to refund any fees paid under this Agreement.
12.1 The Service is provided on an "as is" basis. TM NET makes no warranty of any kind, either expressed or implied, disclaims all implied warranties, including, but not limited to warranties of merchantability or fitness including, but not limited to, warranties of accuracy and expressly for a particular purpose.
12.2 TM NET shall use its best endeavour to ensure the continuity and efficiency of the Service at all times but TM NET shall not be liable for any loss of information howsoever caused whether as a result of any interruption, suspension, or termination of the Service or otherwise, or for the contents accuracy or quality of information available, received or transmitted through the Service.
13.1 The Customer undertakes and agrees to indemnify, save and hold harmless TM NET at all times against all actions, claims, proceedings, costs, losses and damages whatsoever including but not limited to libel, slander or infringement or copyright or other intellectual property rights, death, bodily injury or property damage however arising which TM NET may sustain, incur or pay, which may be brought or established against TM NET by any person including a company or corporation whomsoever arising out of or in connection with or by reason of any act, omission or neglect by the Customer, his servants or agents in the course of usage of the Service.
13.2 TM NET shall not be liable for any loss or any damage sustained by reason of any disclosure, inadvertent or other wise of any information concerning the Customer’s account particulars. Neither shall TM NET be liable for error, omission or loss due to the neglect of TM Net.
13.3 TM Net shall endeavor to ensure the continuity and efficiency of the Service at all times but shall not be liable for any loss, damage, consequential or otherwise, arising out of any failure of the Service caused unless such default error, omission or loss is due to the neglect of TM NET Notwithstanding the above, the extent of TM NET’s liability shall be limited to correcting the failure of the Service.
If any provision herein contained should be invalid, illegal or unenforceable under any applicable law, the legality and enforceability of the remaining provisions shall not be affected or impaired in any way and such invalid, illegal or unenforceable provision shall be deemed deleted.
15. Indulgence and waiver
Failure by TM NET to exercise any part or all of its rights under the terms and conditions of this Agreement or any partial exercise shall not act as a waiver of such right nor shall any waiver by TM NET of any breach constitute a continuing waiver in respect of any subsequent or continuing breach.
All notices, requests or other communications required or permitted to be given or made hereunder shall be in writing and delivered personally or sent by ordinary post or legible telefax addressed to the Party at latest address or facsimile number as any Party may from time to time duly notify to the other Party. Such notices, requests or other communications shall be deemed to have been given by facsimile immediately after transmission thereof or if sent by post, forty-eight hours after posting.
17. Force Majeure
TM NET shall not be liable for any breach of this Agreement arising from cause beyond its control including but not limited to Acts of God, insurrection of civil disorder war or military operations, national or local emergency, acts or omissions of government, highway authority or other competent authority, industrial disputes of any kind (whether or not involving TM NET employees), fire, lightning, explosion, flood, subsidence, inclement weather, acts or omissions of persons or bodies for whom TM Net is not responsible or any other cause whether similar or dissimilar outside TM NET 's control.
18. Governing Law
This Agreement shall be governed and construed in accordance with the laws of Malaysia and the courts of Malaysia shall have exclusive jurisdiction.
19. Customer’s Warranties and Acknowledgement
19.1 The Customer hereby warrants that:
- 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.
19.2 The Customer acknowledges that:
- he has read and fully understood all the terms and conditions herein upon signing the Application Form or clicking on the ‘I accept’ button found in the Confirmation of Payment Page (whichever is applicable) and agrees to be bound by the same upon TM NET accepting the application;
- the details and documents provided to TM NET during application of the Service,
if any together with the Registration Form are true, genuine and contain the latest information and allows TM NET to conduct independent verification of the same with any organization or body;
19.3 Notwithstanding the above, TM NET reserves the right to reject the registration or requires the Customer to furnish further details or documents as TM NET deems fit and necessary without reserving any reason whatsoever.
19.4 The Usage of the Customer’s Data and Personal Information:
- TM NET may use the Customer’s data and personal information acquired through the registration process or through the Customer’s use of TM NET’s products and services for its business purposes. However, the Customer may notify TM NET in writing at any time during the Subscription Period to remove/cease using the Customer’s information and TM NET shall cease using the same for its business purpose.
- Notwithstanding the above, TM NET 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/ort orders or legal process; and/or
- protect and defend the rights or property of TM NET and its users.
If the Customer is dissatisfied with the Service, or with any term, conditions, rules, policies, guidelines or practices of TM NET in operating the Service, the Customer’s sole and exclusive remedy is to discontinue using the Service.
Time, wherever mentioned shall be the essence of this Agreement.