PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE YOU SIGN UP FOR THE HyppMe
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 HyppMe SERVICE PROVIDED BY TELEKOM MALAYSIA BERHAD (“TM”). TM
RESERVES THE RIGHT TO UPDATE OR REVISE THE TERMS AND CONDITIONS FROM TIME TO TIME. NOTICE OF
AMENDMENT MAY BE GIVEN BY TM TO THE CUSTOMER IN SUCH A MANNER AS TM DEEMS APPROPRIATE.
CONTINUATION IN THE ACCESS OR USE OF THE HyppMe SERVICE SIGNIFIES ACCEPTANCE OF THE CHANGES
TO THE TERMS AND CONDITIONS WITH REGARDS TO THE HyppMe SERVICE.
1.
Service
TM is a company licensed to provide communications (voice, data and multimedia) products and services in Malaysia
and is desirous at the request of the Customer to provide HyppMe Service on TM's telecommunication network.
HyppMe Service will allow the Customer to have access to Voice, Instant Messaging and Short Message Service
(“SMS”) on the terms and conditions set forth herein, as may be amended from time to time by TM (collectively, “the
Service”).
2. Definitions
2.1 In this Terms and Conditions, the following words and expressions shall have the following meanings:
“Agreement”
means and refers to these Terms and Conditions, to be read and construed as essential part of the agreement between
TM and the Customer in subscribing to the Service;
“Customer”
means the person subscribed to the Service subject to the Term and Conditions contains herein;
“Customer’s Equipment”
means the device(s) acquired and configured by the Customer to obtain access to the Service;
“TM”
means Telekom Malaysia Berhad (Company No. 128740-P), a company incorporated under the laws of Malaysia with
its business address at Level 51, North Wing, Menara TM, Jalan Pantai Baharu, 50672 Kuala Lumpur;
“HyppMe”
means the application available for download from Apple App Store, Android Market or any other mobile platform where
the application can be downloaded and installed on the Customer Equipment to facilitate access to the Service;
“HyppMe Number”
means a mobile number(s) or TM Home number(s) selected by the Customer upon subscription of the HyppMe Service;
“HyppMe Reload(s)”
means the prepaid reload value issued by TM for the HyppMe Service as one of the subscription model to use the
Service;
“HyppMe Service” (or the “Service”)
means collectively, the SMS, Voice, Instant Messaging, or any other services to be provided by TM to the Customer
from time to time using HyppMe;
“Postpaid”
means a type of mobile phone account that is billed to customer for use of a carrier's services on a monthly basis based
on the terms of contract;
“Prepaid”
means a type of mobile phone account that requires customer to purchase call credit before services can be used;
“TM Portal”
means the internet site provided by TM to enable the Customer to manage and view transactions on the User Account,
all included as part of the Service;
“User Account”
means an account under the name of the Customer in relation to the Service subscribed by the Customer.
2.2 Word and expressions denoting the singular include plural numbers and word and expressions denoting the plural shall
include the singular number unless the context otherwise require.
2.3 Word denoting natural persons include bodies corporate, partnerships, sole proprietorship, joint ventures and trusts.
2.4 The expression “him” or any other expressions appear herein shall be deemed to include the masculine, feminine, plural
thereof where the context so admits.
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3.
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3.2
3.3
3.4
3.5
3.6
3.7
3.8
3.9
Commencement, Duration of Service and Applicability
The Customer will be required to download and activate the HyppMe in order to obtain access to the Service.
The Service shall commence from the date of activation of HyppMe Service.
Access to the Service shall be subject to the validity period upon activation and subscription to the Service.
The minimum requirement age for the purpose of subscription and use of the Service shall be eighteen (18) years.
By activating and subscribing to the Service, the Customer agrees to:
(i) bear all charges relating to the use of the Service, including but not limited to charges levied by the Customer’s
own mobile service provider in relation to the Service.
(ii) be bound by these Terms and Conditions as updated from time to time.
(iii) update TM with the Customer’s registration information should there be any changes.
(iv) allow TM to verify the information provided by the Customer for the registration and activation of the Service with
third parties where necessary.
(v) bear responsibilities for all charges incurred for the activation, subscription and/or use of the Service.
(vi) TM accessing your account information, in order to respond to service or technical issues and TM’s marketing
activities which shall include TM Group and its affiliates.
For Postpaid Customer, Customer is entitled to register five (5) HyppMe numbers only.
For Prepaid Customer, Customer is entitled to register one (1) HyppMe number only.
Customer who is subscribing and utilizing HyppMe Service will append the IP number ‘0154’ unto original mobile
number or TM fixed number (Number Masking feature) that would enable:
(i) the call or messaging (IM) to be routed via IP network ‘On Net’;
(ii) the call or messaging (SMS) to be routed via GSM network (TDM) ‘Off Net’.
Customer is deemed to be aware of the choice made that would make him/her be ‘on net’ or ‘off net’ to enjoy the call
savings.
Data Usage :
The HyppMe utilises available internet data connection(s) on the Customer Equipment to gain access to the Service. By
activating the Service, Customers agree to bear all costs in connection with such internet data connections levied by
their respective mobile service providers. TM accepts no liability in connection with the same.
4. IMPORTANT NOTICE TO CUSTOMER:
A. PERSONAL DATA
4.1 Collection of personal information
To subscribe to HyppMe Service, the Customer is required to provide the name, identification card (NRIC) number,
mailing address, phone number(s), email address(es) and contact preferences. The Customer’s credit card information
may also be collected for the purpose of processing payments. All personal information which are required for
registration in order to use HyppMe Service will be the only personal information required and the Customer is not
required to provide any other personal information in excess of what is already provided during the registration process.
The Customer will also be required to explicitly provide consent to the provision of the Customer’s personal information
aforementioned and manner as indicated in the registration process, failing which the Customer will not be able to
register and use HyppMe Service. No personally identifiable information is gathered during the use of HyppMe Service
except for information given by the Customer during subscription to HyppMe Service.
4.2 Usage of personal information
The Customer’s personal information will be used for processing of all related HyppMe Service and analysis to provide
HyppMe Service to the Customer. Any processing and use of Customer’s personal information will be directly related to
HyppMe Services subscribed by the Customer.
4.3 Discolure of personal information
Upon subscription to HyppMe Service, personal information of the Customer may be shared where necessary and only
on a need to know basis with other TM subsidiaries or agencies so as to serve the Customer in the most efficient and
effective manner. An example might be in terms of resolving or addressing complaints that require escalation to other
TM Subsidiaries or agencies. No personal information will be disclosed to any unauthorized third party. However,
Customer’s 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. TM
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may also disclose information about the Customer if TM determine that for purposes of national security, law
enforcement, or other issues of public importance, disclosure is necessary or appropriate.
4.4 Data Security
TM make use of technical and physical measures such as using leading technologies including Secure Socket Layer
(SSL) / Transport Layer Security (TLS) protocols for the use of HyppMe Service in relation to any transmission of
personal information from the Customer to TM via HyppMe Service. TM also make use of encryption software to
safeguard any data given to TM and strict administrative and security standards are maintained to prevent unauthorized
access, disclosure, alteration and destruction. To safeguard personal data of the Customer, all electronic storage and
transmission of personal data are secured and stored with appropriate secured storage as well as other relevant
security technologies.
4.5 Access and Retention of personal information
(i) The Customer is able to access his own personal information via the profile page and ensure that the personal
information and preferences are accurate, complete and up-to-date. Any modification to the personal information
can only be done by the Customer. For any of your personal information which cannot be directly rectified from the
profile page, the Customer may request for TM to correct such information if it is incorrect/inaccurate or to delete it
if it is no longer applicable or not required for TM to retain such information. However, TM reserve the right to
decline to process requests which jeopardize the security and privacy of the personal information of others as well
as requests which are impractical or not made in good faith; and
(ii) The Customer’s personal information will be retained by TM only for the period necessary for the purposes of
providing HyppMe Service unless further retention period is required in which TM will obtain further consent from
the Customer through notifications via HyppMe Service or if such extended retention is permitted by law.
B. EMERGENCY CALL SERVICE
The HyppMe Service does not support any type of emergency calling to emergency numbers such as 999,994 and etc.
5. Value
Value of the HyppMe Reload and Subscription charges and usage shall be as prescribed by TM from time to time.
6. Charges and Payment
The Customer may choose to make payment for the Service via the following method:
6.1 HyppMe Reload for Prepaid customer:
(i) The charges shall be payable in full before the Service can be activated and for the Customer to enjoy
uninterrupted service upon subscription for a period of thirty (30) days.
(ii) Prepaid Customer needs to purchase reload value in advance and all transactions made will be deductable from
the reload value accordingly.
(iii) Reload or Top Up shall be via debit and/or credit card or any other payment mode to be decided by TM from time
to time.
(iv) There will be additional fee imposed for subscription of Value Added Services (VAS) such as Caller Ring Back
Tone (CRBT).
Validity and Prepaid cycle:
(i) Monthly reload is only valid for thirty (30) days.
(ii) If the Customer does not make any reload within thirty (30) days upon expiry of the validity period, subscription to
the Service shall be barred with immediate effect. However, the Customer will still enjoy free Instant Messaging
(IM) and able to receive calls. Out-calls, SMS and VAS are not available in such aforesaid circumstance.
(iii) If the Customer constantly fails to make any reload within ninety (90) days from the first activation or reload, the
subscription to the Service shall be terminated accordingly. TM reserves the right to forfeit any remaining balance
of credit after the said period. .
(v) Illustration of Prepaid cycle is as follows:
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6.2 HyppMe Postpaid Subscription:
(i) Postpaid monthly subscription fee will be billed monthly for primary subscriber and each subsequent
supplementary.
(ii) All transaction made from four (4) supplementary lines will be charged to primary line (the first number registered
during subscription) and to appear in detailed description in the bill.
(iii) There will be additional fee imposed for subscription of VAS subscription services such as Caller Ring Back Tone
(CRBT).
Validity and Postpaid cycle:
(i) If the Customer fails to make his/her monthly payment, subscription to the Service shall be barred with immediate
effect. However, the Customer will still enjoy free Instant Messaging (IM) and able to receive calls. Out-calls, SMS
and VAS are not available in such aforesaid circumstance.
(ii) If the Customer constantly fails to pay his/her monthly bill within ninety (90) days from the last payment made, the
subscription to the Service shall be terminated accordingly. For any outstanding amount that remains unpaid after
the due date, TM reserves the right to charge the Customer 1% interest per month from the unpaid sum, which is
to be calculated from the due date to the date of full payment.
(iv) Illustration of Postpaid cycle is as follows:
7. Customer's Responsibilities
The Customer shall:
(i) be responsible for the acquisition, set-up and/or configuration of his own equipment for access to the Service,
including but not limited to the installation and activation of HyppMe Service and the provision of internet data
connectivity;
(ii) comply with all notices or instructions given by TM from time to time in respect of the use of the Service;
(iii) comply with the rules of any network to which the Customer has access through the Service for the purposes of
any HyppMe Service herein;
(iv) be solely responsible for all information retrieved, stored and transmitted by the Customer through the use of the
Service;
(v) abide and adhere to the Terms and Conditions of this Agreement;
(vi) 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 of the Service as a whole.
8. Acceptable Use
The Customer shall be solely responsible for all acts or omissions that occur when using the Service. In addition, the
Customer agrees to abide by the Malaysian Communications and Multimedia Commission regulations governing the use of
mobile services, available at www. http://www.skmm.gov.my including but not limited to, agreeing that the Service may only
be used for lawful purposes. The Customer agrees that he will not use the Service in a manner which will result in any
criminal or civil liability for TM and/or its related affilates. The Customer is solely responsible for the content which he posts or
transmits through the Service and acknowledges that TM and/or its related affiliation are only conduits for posting,
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distribution and transmission of data. By way of example and not as a limitation, the Customer shall not use the Service as
follows:(i) for any unlawful purposes or for any purpose which is against public interest, public order or national harmony; or
(ii) to publish defamatory, infringing, obscene or other unlawful material; or
(iii) in connection with the infringement of the copyright, patent, trademark, trade secret or other proprietary rights of
any third party or rights of publicity or privacy; or
(iv) to post or transmit through the Service unlawful, harassing, libellous, abusive, threatening, harmful, vulgar,
obscene, privacy invading sexual/racially offensive or otherwise objectionable material of any kind or nature; or
(v) to gain unauthorized access to any computer system connected to the Internet or any information regarded as
private by other person including a company or corporation; or
(vi) to disseminate destructive computer viruses or malware to computer networks.
9. Early Termination
9.1 Without prejudice to any other rights or remedies of the parties under this Agreement or at law, TM may, by way of a
notice in writing, immediately terminate the Service, if the Customer breaches any term, condition, undertaking or
warranty under this Agreement and such breach shall remain unremedied for a period of seven (7) days after receipt of
the written request to remedy the same.
9.2 Such termination shall not prejudice the right of TM to recover all charges, damages suffered, costs, and interests due
and any other incidental damages incurred thereto.
9.3 Any Fee and/or Charge paid shall not be refundable upon termination of the Service by the Customer.
9.4 TM shall not be liable to the Customer for any claim for damages or costs of any nature whatsoever arising out of
discontinuance of the Service or termination or expiration of this Agreement including but not limited to any claim for
loss of profits or prospective profits or for anticipated loss.
10. Disclaimer
10.1 The Service is provided on an "as is" basis. TM makes no warranty of any kind, either expressed or implied, including,
but not limited to, warranties of accuracy and expressly disclaims all implied warranties, including, but not limited to
warranties of merchantability or fitness for a particular purpose.
10.2 While every care is taken by TM in the provision of the Service, TM 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.
10.3 The Customer shall be solely responsible, and TM shall not be liable in any manner whatsoever, for ensuring that in
using the Service, all applicable laws, rules and regulations for the use of any telecommunications systems, service or
equipment shall be at all times complied with.
10.4 TM shall not be liable for any loss or any damage sustained by reason of any disclosure, inadvertent or otherwise in any
information concerning the Customer's account and/or personal particulars. Neither shall TM be liable for errors,
omissions or inaccuracies whether or not due to TM's neglect.
10.5 Any fees charged to the Customer for the usage of the Service is not refundable and the Customer is not entitled to
request or demand for reimbursement for the usage of the Service upon unavailability of the Service (including
intermitten unavailability due to any reasons including disruption to the network), cancellation, termination or expiration
of the Service.
10.6 TM shall use its best endeavour to ensure the continuity and efficiency of the Service at all times but shall not be liable
for any loss or damage, consequential or otherwise, arising out of any failure of the Service caused. Notwithstanding the
aforementioned, the extent of TM's liability shall be limited to correcting the failure of the Service.
10.7 TM does not make any warranty that the Service shall be free of or immune to viruses, and/or other forms of softwarerelated infections or malicious code (collectively, “Malware”), nor does it accept any responsibility for the security and
integrity of data transmitted over the internet to, from or through the Service, including but not limited to the TM Portal.
Customers are advised to take appropriate precautions against such Malware, including but not limited to the installation
and use of appropriate anti-virus software.
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11. Indemnity
The Customer undertakes and agrees to indemnify, save and hold harmless TM at all times against all actions, claims,
proceedings, costs, losses and damages whatsoever including but not limited to libel, slander or infringement of copyright or
other intellectual property rights or death, bodily injury or property damage howsoever arising which TM may sustain, incur or
pay, or as the case may be, which may be brought or established against TM by any person including a company or
corporation whomsoever arising out of or in connection with or by reason of the operation, provision or use of the Service
and/or equipment under, by reason of or pursuant to this Agreement and which are attributable to the act, omission or
neglect of the Customer, his servants or agents. The Customer acknowledges the risks associated with public access to the
LTE, 3G, GSM and WiFi and hereby releases and indemnifies TM and any of its affiliates from any damage or loss that might
occur.
12. Confidential Information
Except with the prior written consent of TM, the Customer shall not at any time communicate to any person any confidential
information disclosed to him for the purpose of the provision of the Service or discovered by him in the course of the
provision and performance of the Service.
13. Compliance with applicable laws
The Customer shall comply with and not contravene all and any applicable laws of Malaysia relating to the Service including
but not limited to Communication and Multimedia Act 1998 and its subsidiary legislation, other Acts of Parliament, local bylaws, rules and regulations issued by relevant government bodies and/or authorities.
14. Variation
TM reserves the right to amend the Terms and Conditions herein contained at any time and the Customer shall be bound by
the amended Terms and Conditions. Notice of the amendment may be given by TM to the Customer in such manner as TM
deems appropriate.
15. Severability
If any provision herein contained should be found 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.
16. Assignment
The Customer shall not assign any of his rights or obligations under this Agreement to any other person whatsoever except
with prior approval of TM. TM may assign or novate this Agreement or any part thereof to any body corporate which is a
parent company, subsidiary or related company of TM and consent for the abovementioned is hereby given by the Customer.
17. Binding on Successors
These Terms and Conditions are binding upon the successors, executors, administrators, personal representatives and
assignees of the Customer and upon the substitute and assignees of TM.
18. Indulgence and waiver
18.1 No delay or indulgence by TM in enforcing any Terms or Conditions of this Agreement or granting of time by TM to the
Customer shall prejudice the rights or powers of TM under this Agreement or at law.
18.2 Failure by TM 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 of any breach constitute a continuing waiver
in respect of any subsequent or continuing breach.
19. Notice
TM may issue notices to the Customer by posting online whereby such notices, requests or other communications shall be
deemed to have been given immediately after the said posting.
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20. Force Majeure
TM shall not be liable for any breach of this Agreement arising from causes beyond its control including but not limited to
disruption to the network, 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 employees), fire, lightning, explosion, flood, subsidence, inclement weather, acts or omissions of persons or
bodies for whom TM is not responsible or any other cause whether similar or dissimilar outside TM 's control.
21. Advertising
TM reserves the right to display advertisements of TM’s products and services, advertisements for other companies or any
third party through the Service. However, these advertisements will not distrupt your Service experience in any way.
22. Governing Law and Jurisdiction
This Agreement shall be governed and construed in accordance with the laws of Malaysia and parties shall submit to the
exclusive jurisdiction of the courts in Malaysia.
23. Customer's Acknowledgement
The Customer hereby acknowledges and agrees that:
(i) he has read and fully understood all the Terms and Conditions herein and agrees to be bound by the same upon
the activation of the Service;
(ii) the details and documents provided to TM (if any) are true, genuine and contain the latest information and allows
TM to conduct independent verification of the same with any organization or body.
24. Copyright Act Notification
(i) In the event of any copyright infringement, TM as a Network Service Provider, will not be liable in damages to
copyright owners if TM has complied with certain conditions imposed by the Copyright Act of Malaysia (1987) and
its subsidiary legislation.
(ii) The Customer may send a valid take-down notice (in the form or substantially in accordance with the form
prescribed by the Act) if the Customer’s copyright of material has been infringed to TM’s Designated
Representative at the address below in accordance with the Act.
(iii) Upon receipt of a valid take-down notice, TM will take reasonable steps to remove or disable access to the material
in accordance with the Act. As soon as the material has been removed or access disabled, TM will take reasonable
steps to notify the person who has posted the material (“Respondent”). The Respondent may, within the prescribed
time and in accordance with the Act, send a valid counter-notice (in the form prescribed by the Act) to TM’s
Designation Representative at the address below, to restore the material. TM will then take reasonable steps to
restore the material if it is technically and practically feasible to do so unless the copyright owner commences court
proceedings to prevent the restoration of the material and TM is informed of such proceedings.
(iv) All notifications are to be sent to New Media, TM Berhad, Menara TM, Jalan Pantai Baharu, 50672 Kuala Lumpur.
Or email to [email protected]. The Designated Representative should only be contacted for notifications under the
Act and not for general or other queries. A valid take-down notice to be sent to TM shall be signed by the
complainant and contain all of the following information :
1. name, address, telephone number, facsimile number (if any) and email address of the complainant and the
address for service in Malaysia if complainant is not resident in Malaysia;
2. sufficient information to enable TM to identify the infringing material and its online location;
3. a statement that the complainant requires TM to remove/disable access to the material;
4. a statement that the complainant, in good faith, believes that the material is an infringing copy;
5. a statement that the information in the take-down notice is accurate;
6. a statement that the complainant is the copyright owner or exclusive licensee or that he is authorised to act on
behalf of such owner or exclusive licensee; and
7. agreement that the complainant submits to the jurisdiction of the Malaysia courts.
(v) A valid counter-notice to be sent to TM shall be signed by the Respondent and must contain all of the following
information :
1. name, address, telephone number, facsimile number (if any) and email address of the Respondent and the
address for service in Malaysia if the Respondent is not resident in Malaysia;
2. information to enable TM to identify the material removed or access was disabled and its online location
before it was removed or disabled;
3. a statement that the Respondent, in good faith, believes that the material was removed or access was
disabled as a result of mistake or misidentification or the material does not infringe copyright in any material;
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4. a statement that the information in the counter-notice is accurate; and
5. Agreement that the Respondent submits to the jurisdiction of the Malaysia courts.
(vi) Please note that, if a party is found to have made a statement, which is false or does not believe it to be true, in his
take-down notice or counter-notice, he shall be liable in damages to any party who suffers any loss/damage as a
result of that notice and if convicted, he shall be liable to a fine.
25. Feedback
We welcome all feedbacks/inquiries. please email us at [email protected]. In case of detailed information which the Service
may not be able to provide, your feedback/enquiry will be sent to our relevant agency to better serve you.
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