• VOOPEE is not a replacement for your traditional telephone service and shall not be used for emergency calls.
• If you are roaming on international networks, this may result in additional charges to your existing mobile phone bill.
TERMS AND CONDITIONS OF USAGE
VOOPEE provides an app that resides in a smartphone, tablet or similar mobile device (“Device”).
VOOPEE is a new generation telco that offers a mobile social lifestyle and entertainment communication service that allows you to capture precious moments, express your feelings, care for the environment. You can share your joyful events for all types of festivals, celebrations, concerts and happy occasions with your family and friends wherever they are, around the world using Voice (depending on your subscription plan), SMS, IM and send photos until both your thumbs are on fire with all other VOOPEE subscribers.
VOOPEE also provides you with a sim-free mobile number, riding on your existing mobile data services with your local mobile operator (depending on your subscription plan). This will enable you to communicate with anyone who is not a VOOPEE subscriber with your sim-free mobile number using the normal GSM calls and SMS. Based on settings controlled by you, VOOPEE will find the available channel (WIFI, 3G or GSM) to help you always stay in touch.
The VOOPEE service is provided by XOX Media Sdn Bhd (“VOOPEE Provider”) who also owns the “VOOPEE” trademark. VOOPEE is available to anyone who is a registered subscriber of any mobile operator in Malaysia for the time being and other countries in the near future. All the software including the VOOPEE apps and the network service applications accessed through these apps (collectively the “Software”) is the intellectual property of VOOPEE Provider’s supplier (the “Licensor”).
WHEN YOU “TICK” THE “ACCEPT” BOX AT ANY TIME AND CONTINUE TO ACTIVATE OR USE THE SOFTWARE YOU ARE DEEMED TO HAVE CAREFULLY READ THE TERMS AND CONDITIONS THAT FOLLOW AND CONSENTING TO BE BOUND BY,
A. THE GENERAL TERMS AND CONDITIONS RELATING TO THE USE OF VOOPEE SERVICES;
B. VOOPEE PROVIDER’S TERMS AND CONDITIONS
D. THE CODE OF CONDUCT; AND
E. THE SOFTWARE LICENCE
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS REFERRED TO IN A TO E IMMEDIATELY FOLLOWING, DO NOT TICK “ACCEPT” AND DO NOT PROCEED WITH ACTIVATING OR USE THE SOFTWARE.
A. GENERAL TERMS AND CONDITIONS RELATING TO THE USE OF THE VOOPEE SERVICES
1. Whenever you use the VOOPEE Services, you agree to, at all times, make yourself familiar with and be bound to the respective terms and conditions of VOOPEE Provider and the Licensor. In the event there is conflict between the terms and conditions of VOOPEE Provider services and the Licensor’s terms and condition, the former shall prevail.
2. To use the VOOPEE Services, in particular, those with a Voopee sim-free mobile number, you must be a registered mobile phone subscriber in Malaysia. This is a pre-qualification.
3. You should be aware that VOOPEE Provider will require you to pay a Sign-On Fee and subsequently a regular Subscription Fee for using VOOPEE Services. In the event that you need to make Voice calls and SMS to non VOOPEE users, you are required to use prepaid credits to use such services..
4. VOOPEE Provider will place expiry dates on your prepaid credits. Your prepaid credits will also be forfeited if there is inactivity of your account with VOOPEE Provider. Make yourself familiar with VOOPEE Provider’s terms and condition impacting the status of prepaid credits.
5. Under no circumstances does Licensor assume any responsibility or liability for your relationship with VOOPEE Provider.
6. Where you opt to use the VOOPEE Services, you must direct all your queries, complaints, service levels and payment issues to VOOPEE Provider.
7. Where you are assigned a VOOPEE sim-free mobile number, you understand and agree that you do not own that number and you only enjoy a right to use that number for the duration of the Voopee Services available to you. On termination of your Voopee Service with Voopee Provider for any reason whatsoever, the VOOPEE sim-free mobile number will be at the disposal of VOOPEE Provider to assign to other persons.
8. You agree that any dispute arising in any way in relation to the these general terms and conditions will be governed by and construed in accordance with the applicable laws of Malaysia.
9. We may revise these terms and conditions at any time and from time to time. You are obliged to check the changes in our terms and conditions at www.voopee.com from time to time as any changes we make will be deemed legally binding on you.
10. If any of the terms and conditions or provisions hereof shall be held to be invalid, illegal or unenforceable, for any reason, by any Courts of competent jurisdiction, such terms and conditions or provisions shall be severed and the remainder of the terms and conditions shall continue in full force and effect.
You agree to sign these general terms and conditions relating the use of VOOPEE services by electronic signature (by ticking “Accept” at any time) and agree that such method of signature shall be equally conclusive of your intention to be bound by these terms and conditions as if signed with the manuscript signature of by you.
B. VOOPEE PROVIDER’S TERMS AND CONDITIONS
Specific Terms and Conditions of Usage for having a VOOPEE SIM-free mobile number subscription plan:
1. You must be a Malaysian or a resident staying in Malaysia.
2. You must register your VOOPEE SIM-free mobile number with the Malaysian Authority on telecommunications through our mobile registration process and this include providing your Name, Identity Card or Passport Number and your email address.
3. The VOOPEE mobile number allocated to you will be SIM-free. There is no physical SIM card given to you.
4. In order to use the VOOPEE Provider you will not require to pay a Sign On Fee and it is absolutely free and no subsequent Subscription fee for using VOOPEE Services. In the event that you need to make Voice Calls and sms to non VOOPEE users, you are required to use prepaid credits to use such services.
5. The VOOPEE SIM-free mobile number allocated to you cannot be ported-out to any other mobile operators within 60 months from date of your registration.
6. Your mobile phone must have data services with any mobile operators in order to use VOOPEE Services.
7. You will be charged the normal GSM call/SMS rate charges when you make any voice calls/sms to any phone numbers that is not within VOOPEE network or community.
8. The GSM call rate is fixed at 22sen/minute and SMS at 10sen/sms to non VOOPEE network, subject to changes from time to time.
9. In the event if your Voopee services were terminated for whatever reasons, all your available credit balance shall not be refundable.
10. Your VOOPEE Services may be suspended/terminated at any time and from time to time by us if you have violated the following:
(i) Any of our terms & conditions of usage, including all the above
(ii) Have mis-used VOOPEE Services for commercial purposes
(iii) If we have identified any fraudulent activities committed by you, including the mis-use of your credit cards
(iv) If we cannot communicate with you through your mobile phone and/or email
(v) Any other actions which are deemed at our sole discretion to be inappropriate.
11. We may revise these terms and conditions at any time and from time to time. You are obliged to check the changes in our terms and conditions at www.voopee.com from time to time as any changes we make will be deemed legally binding on you.
12. We reserves the right at any time to add, delete or make changes to the Services, at its sole discretion to revise the VOOPEE terms and conditions and may impose any charges or fee anytime whenever it is applicable.
13. If any of the terms and conditions or provisions hereof shall be held to be invalid, illegal or unenforceable, for any reason, by any Courts of competent jurisdiction, such terms and conditions or provisions shall be severed and the remainder of the terms and conditions shall continue in full force and effect.
You accept, understand and agree to these terms and conditions and agree to sign this Agreement by electronic signature (by ticking “Accept” at any time) and agree that such method of signature shall be equally conclusive of your intention to be bound by the terms and conditions of this Agreement as if signed with your manuscript signature.
VOOPEE Provider and the Licensor believe strongly in protecting their customers’ privacy so when they collect personal information from you when you use the VOOPEE services, VOOPEE Provider and the Licensor will use their best endeavours only to use it or disclose it in the manner stated below. By using the Software and VOOPEE Services, you agree that they may do so.
1. Communicating with you: VOOPEE Provider and the Licensor reserves the right to send all their customers service messages to the Device or email communications from time to time regarding updates and changes to the VOOPEE services, news links to a growing number of other service providers, promotion messages from 3rd party providers and any technical, administrative or legal notices important to the Software. You are not able to unsubscribe from these notices.
2. Information shared: VOOPEE Provider and the Licensor are the sole owners of the information collected through your use of the Software and the associated services. They will not sell, rent or otherwise disclose your personal information to any third party, without your consent except in the following circumstances:
• VOOPEE Provider and the Licensor do share non-personal, non-individual information in aggregate form with third parties for business purposes, for example with advertisers or they may tell their business partners the number of customers in certain demographic groups who use certain services. This does not involve disclosing any personal information that can identify any individual customer in any way.
• The Licensor will disclose your personal information like data that identifies you like name, address, telephone number, mobile number, email address, gender, information about your usage of and every facet of your interaction through use of the Software to VOOPEE Provider.
• Where you elect to allow your VOOPEE account to integrate with internet messaging and social networking sites, your username and password will be passed on to the internet messaging and social networking sites providers.
• VOOPEE Provider and the Licensor will disclose your personal information to any appropriate investigative third party if they believe that you are involved in any illegal or harmful conduct or if they are required to do so by law or they believe that such action is necessary to (1) comply with the law or with legal process; (2) protect and defend their rights and property or that of their customers; (3) prevent fraud; (4) protect against abuse, misuse or unauthorised use of the Software; or (5) protect the personal safety or property of their customers or the public (e.g. if you provide false or deceptive information about yourself or attempt to pose as someone else, VOOPEE Provider and/or the Licensor will disclose such information about you as they have to assist any type of investigation into your actions).
• VOOPEE Provider and/or the Licensor may employ other companies to provide services to them, including for example, processing of credit card payments. These companies have access to the personal information needed to perform their functions and not for any other purposes. They are bound by confidentiality agreements not to disclose any information for any other purpose.
• VOOPEE Provider and/or the Licensor may transfer either of their customer database, including personal information contained therein, to a third party who acquires all or substantially all or part of their business, assets or stock in either of their company or services whether by trade sale, merger, acquisition, reorganisation or otherwise.
3. Links: The Software may contain links to other service providers. Please note that VOOPEE Provider and/or the Licensor are not responsible for the privacy practices of such other service providers and advise you to read the privacy statements of each service provider you visit which collects personal information.
4. Cookies: A cookie is an alphanumeric identifier that the Software may transfer to your storage device through your Device when you download the apps or use the Software. It enables the Software system to recognise you when you use the Software and this is aimed to improve VOOPEE Provider and/or the Licensor’s service to you. Cookies may also be used to compile aggregate information about your use of the apps or the Software or the VOOPEE services. This traffic information can be used to enhance VOOPEE Provider and/or the Licensor’s services and make your use of it easier.
6. We may revise these terms and conditions at any time and from time to time. You are obliged to check the changes in our terms and conditions at www.voopee.com from time to time as any changes we make will be deemed legally binding on you.
7. If any of the terms and conditions or provisions hereof shall be held to be invalid, illegal or unenforceable, for any reason, by any Courts of competent jurisdiction, such terms and conditions or provisions shall be severed and the remainder of the terms and conditions shall continue in full force and effect.
D. CODE OF CONDUCT
WHERE WE PROVIDE OR LINK YOU TO ANY CONTENT AND/OR LINK YOU TO THE USE OF INTERNET MESSAGING THROUGH THE SOFTWARE, YOU AGREE TO OBSERVE THE FOLLOWING TERMS AND CONDITIONS:
Each Subscriber must comply and adhere to this Code in order to access and use the Software for IM. The Software will link you to IM and you should be aware that each provider of IM that the Software links you to has its own terms and conditions which you are required to and must observe. The IM’s terms and conditions will prevail in the event of conflict with VOOPEE Provider and/or the Licensor’s terms and conditions and/or Code.
1. Basic Requirements
Each Subscriber and any material which he/she posts or transmits in IM (“Material”) must comply with the following basic standards:
(a) All information and activities must be legal, decent and honest in terms of the Subscriber’s applicable law and standards;
(b) Data protection legislation within the Subscriber’s applicable law must be adhered to in order that the collection of personal information is not traded or disclosed illegally;
(c) Distance selling requirements must be complied with as laid down in the Subscriber’s applicable law;
(d) Other applicable trading standards and laws and regulations as the same are created from time to time which shall be the sole responsibility of the Subscriber.
2. Specific Responsibilities of Subscribers
(a) Each Subscriber is solely responsible for the accuracy, legality, currency and compliance of its own Material and will be solely liable for false, misleading, inaccurate, infringing or other actionable material contained or referred to therein.
(b) Each Subscriber is solely responsible for maintaining the confidentiality of its unique logon ID, and for its use in IM. As traffic on IM and in the discussion groups is monitored, evidence of use of the logon ID can be produced to support or defend any dispute or actionable cause or matter that arises in relation to the same.
(c) Where Subscribers collaborate with one another on IM, they do so as independent contracting parties. Subscribers acknowledge that VOOPEE Provider and/or the Licensor will not in any way be construed as a party to such collaboration nor be liable nor responsible in any way for the dealings of such collaboration or the parties to such collaboration.
3. VOOPEE Provider and/or the Licensor’s Responsibilities
(a) The Software will constantly check/confirm the identity of Subscribers e.g. their logon ID and password any time a Subscriber uses IM.
(b) The Licensor will not manage or oversee IM and the Subscriber agrees and understands that it is the responsibility of the IM provider with whom the Subscriber contracts. The Subscriber should look to the IM provider who shall be solely responsible for administering any complaints and sanctions procedure. The Subscriber should be fully familiar with and agree to the IM providers’ complaints and sanctions procedure before using IM.
4. Indemnity and Waiver
(a) Each Subscriber agrees to indemnify and keep indemnified VOOPEE Provider and the Licensor, their successors and assigns, and each of their respective directors, officers, employees and agents (collectively “VOOPEE Team”) from and against any and all liability, damages, losses, claims (including reasonable legal fees) resulting in any way from its use of and from any Material posted or transmitted on IM through the use of the Software or from any other matter relating to its participation herein including but not limited to use of the information contained in IM, from discussion groups or arising from any introduction or collaboration resulting therefrom or otherwise arising from using IM.
(b) Each Subscriber waives any right to bring any claim or action against any of the VOOPEE Team for any loss, damage or injury arising from use of IM or any Material from IM or from this Code.
6. Exclusion of Warranties and Liability
(a) VOOPEE Provider and/or the Licensor do not warrant the content, accuracy or veracity of any Material or other information on IM, the responsibility for which rests with each of the Subscribers as specified in Section 2 above.
(b) Each Subscriber accepts the IM services linked by the Software “AS IS” with any faults or failings and without any representation, warranty or guarantee whatsoever, express or implied, including without limitation any implied warranty of accuracy, completeness, quality, merchantability, fitness for a particular purpose or non-infringement.
(c) In no event will VOOPEE Provider and/or the Licensor be liable for any injury, loss, claim, damages or any special, incidental, consequential, exemplary or punitive damages of any kind arising out of or in connection with any Subscriber’s access to, or use of IM, any Material thereon or any services available therefrom, whether based in contract, tort and whether negligent or otherwise. In the event that this exclusion of liability is held by a court of competent jurisdiction to be unlawful, but that liability may be lawfully limited, VOOPEE Provider and/or the Licensor’s aggregate total liability to any Subscriber for all such damages and losses shall be limited to the fees paid by the Subscriber suffering loss to VOOPEE Provider and/or the Licensor during the twelve months preceding the event giving rise to liability, if any, or the sum of Ringgit Malaysia One (RM1) Only.
7. Term and Termination
Each Subscriber agrees to remain bound by this Code (as amended from time to time) for as long as they remain a Subscriber of the Software and the associated services unless VOOPEE Provider and/or the Licensor earlier terminates, suspends or otherwise limits access to IM as it deems is appropriate.
8. Applicable Law
Each Subscriber agrees that this Code and any dispute arising in any way in relation to the link to IM provided by the Software will be governed by and construed in accordance with the applicable laws of Malaysia.
(a) In the event that any provision in this Code is determined to be unenforceable or invalid, such provision shall be severed and the remaining provisions that shall be enforceable to the fullest extent permitted by the Applicable Law.
(b) This Code represents the agreement between Subscriber and VOOPEE Provider and/or the Licensor relating to the subject matter hereof.
III. Acceptance of the Code
You accept, understand and agree to this code of conduct and agree to sign this Agreement by electronic signature (by ticking “Accept” box at any time) and agree that such method of signature shall be equally conclusive of your intention to be bound by the terms and conditions of this Agreement as if signed with your manuscript signature.
E. SOFTWARE LICENCE
When you “tick” the “Accept” box at any time the Licensor grants you (the “Licensee”) a non-exclusive, non-transferable Licence for the Software. The Licence permits you, always subject to the conditions contained herein, to “Use” (as hereinafter defined);
a. the apps part of Software (“apps”) on a single mobile device like a smartphone, tablet or other device of similar capability (the “Device”) for single use only; and
b. the network service applications accessed through the use of the apps.
1. In this Licence “Use” shall mean and include utilisation of the Software, where applicable, by,
(a) loading the apps into the memory of the Device for the processing of the instructions or statements contained in such Software; and
(b) through the access provided by the apps, use the rest of the Software.
2. The Software is free of charge. Where you wish to use the services provided by the VOOPEE Provider through the use of the Software, expect to have to pay charges like pre-paid mobile phone charges.
3. Upon accepting this Licence you undertake:
(a) not to copy the Software (other than for normal operation and as specified in Clause 1 above) nor (subject to applicable law rights) to disassemble, decompile or reverse engineer the Software.
(b) not to translate, modify, lease, rent, loan, redistribute, sub-lease, sub-license or create derivative works from the Software.
(c) to maintain accurate and up-to-date records of the number and location of all copies of the Software.
(d) to supervise and control Use of the Software in accordance with the terms of this Licence.
(e) to ensure that your employees, agents and other parties who will use the Software are notified of this Licence and the terms hereof prior to such employee, agent or party using the same.
(f) to reproduce and include the copyright notice of the Licensor as it appears in or on the Software on all copies.
(g) not to display the Software on a public bulletin board, ftp site, world wide web site, chat room or by any other unauthorised means.
(h) not to use the Software for immoral, illegal or for any other purpose which may be determined threatening, abusive or harmful including but not limited to the creation or transmission of any virus, worms, trojan horse, cancelbot or any other destructive or contaminating program.
(i) within 14 days after the date of termination or discontinuance of this Licence for whatever reason, to destroy the Software and all upgrades or copies.
4. Notwithstanding Clause 3 above, the Software may only be transferred to another party with the Device if the original and all copies (including back-ups) of the Software, documentation and this Licence are transferred permanently at no charge to the proposed new licensee and such party agrees to be bound by all the terms of this Licence and notifies the Licensor in writing within seven (7) days of the transfer. You will remain liable for any breach of this Licence by you or by any new licensee until such time as notification of such transfer is received and acknowledged by the Licensor. Upon such transfer you may retain NO copies of the Software or documentation.
5. (a) THE SOFTWARE IS PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
THE LICENSOR DOES NOT WARRANT THAT THE SOFTWARE WILL BE ERROR-FREE OR THAT SUCH ERRORS WILL BE CORRECTED AND THE LICENSEE IS SOLELY RESPONSIBLE FOR DAMAGE CAUSED BY SUCH ERRORS. Exclusion of warranties may not be valid in certain jurisdictions, however, the only applicable laws under which this licence may be construed are specified in Clause 9 below.
(b) THE LICENSOR DOES NOT WARRANT THAT THE PRODUCTS, SERVICES OR ANY OTHER MATERIALS PROVIDED HEREUNDER WILL MEET THE LICENSEE’S REQUIREMENTS OR THAT THEY OR THEIR ACCESS OR USE WILL BE UNINTERRUPTED, ERROR FREE, OR COMPLETELY SECURE. EXCEPT AS EXPRESSLY PROVIDED IN THIS CLAUSE, THE ENTIRE RISK AS TO THE PRODUCTS, SERVICES AND ANY OTHER MATERIALS PROVIDED BY THE LICENSOR IS WITH THE LICENSEE, INCLUDING FOR QUALITY AND PERFORMANCE AND FOR ACCURACY OR QUALITY OF ANY INFORMATION TRANSMITTED, RECEIVED OR OTHERWISE DELIVERED VIA THE PRODUCTS AND SERVICES.
(c) The Licensor may create new versions of the Software (“upgrades”) at any time and from time to time which may correct such errors and although the Licensor has no obligation to notify existing licensees of such upgrades, the same will be made available at the same internet site as the licensee downloaded the Software accompanying this licence, at such cost as shall be indicated. The Licensor also reserves the right to make specific upgrades mandatory, meaning that the Licensee would have to install such upgrade within a specified time in order to continue to use the Software, failing which this Agreement and this License will be automatically terminated.
(d) THE LICENSOR SHALL NOT BE LIABLE TO THE LICENSEE OR TO ANY OTHER PARTY FOR ANY LOSS OR DAMAGE WHATSOEVER OR HOWSOEVER CAUSED ARISING DIRECTLY OR INDIRECTLY IN CONNECTION WITH THIS LICENCE, THE SOFTWARE, ITS USE OR OTHERWISE, EXCEPT TO THE EXTENT THAT SUCH LIABILITY MAY NOT BE LAWFULLY EXCLUDED UNDER THE APPLICABLE LAW.
(e) NOTWITHSTANDING THE GENERALITY OF (a) AND (b) ABOVE, THE LICENSOR EXPRESSLY EXCLUDES LIABILITY FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGE WHICH MAY ARISE IN RESPECT OF THE SOFTWARE HOWSOEVER CAUSED EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(g) IN THE EVENT THE LICENSOR INCURS ANY LIABILITY WHATSOEVER, SUCH LIABILITY IS LIMITED TO THE LICENCE FEE PAID BY THE LICENSEE FOR THE SOFTWARE, IF ANY (EXCEPT FOR DEATH OR PERSONAL INJURY ARISING FROM THE LICENSOR’S NEGLIGENCE).
6. All copyright, trade marks and other intellectual property rights subsisting in or used in connection with the Software (including but not limited to all images, animations, audio and other identifiable material relating to the Software) are and remain the sole property of Voopee Provider or the Licensor..
7. You may terminate this Licence at any time by permanently deleting the Software from your Device. No fee or charges, if paid or payable, are refundable unless expressly otherwise stated. The Licensor may terminate this Licence at any time if you are found in breach of any of these terms. In any event, the Licensor may terminate this Licence without cause. If you are notified of such termination, you must comply with the provisions of Clause 3(i) above.
8. This Agreement supersedes any arrangements, understandings, promises or agreements made or existing between the parties hereto prior to this Agreement and constitutes the entire understanding between the parties hereto save that the Licensor shall have the right at any time to change or modify any of the terms and conditions in any part of this Licence and unless you elect to terminate this Licence, you will be bound by such changes and modifications. You should always review the terms and conditions of this Licence before you use this Licence so as to make yourself aware of any changes and modifications.
9. The parties hereby agree that this Licence shall be construed in accordance with the laws of Malaysia and in terms of the enforceability of this Licence, this Licence shall be deemed “in writing” and “accepted” by both parties.
You accept this Agreement and agree to sign this Agreement by electronic signature by ticking the “Accept” box at any time and agree that such method of signature shall be equally conclusive of your intention to be bound by the entire terms and conditions of this Agreement as if signed with the manuscript signature by you. This Agreement refers to the whole of the agreements above relating to,
You accept, understand and agree to sign this Software Licence Agreement by electronic signature (by ticking “Accept” box at any time) and agree that such method of signature shall be equally conclusive of your intention to be bound by the terms and conditions of this Software Licence Agreement as if signed with your manuscript signature.