Tronexus service subscription Terms & Conditions
This mobile service (collectively referred to as the "Service") is provided to you by Tronexus Global Sdn.Bhd. (Company registration No.: 1183587-H) ("Tronexus") subject to these terms and conditions.
You acknowledge that you have read and fully understood all the T&C. Your use of the service, upon activation, constitutes unconditional acceptance to be bound by additional terms specific to various value added services and these T&C including its amendments. You confirm that you are competent to accept these T&C. You confirm that you are at least 12 years of age. The information you provided for registration is valid and accurate.
By registering and activating your Tronexus service, you agree to:
You are solely responsible for all acts or omissions that occur when using the Service. In addition, you are agree to abide the Malaysian Communications and Multimedia Commission regulations governing the use of mobile services, available at www.skmm.gov.my including but not limited to, agreeing that the Service may only be used for lawful purposes. You agree that you will not use the Service in a manner which will result in any criminal or civil liability for Tronexus Global Sdn.Bhd. and/or its related corporations. You are solely responsible for the content which you post or transmit through the Service and you acknowledge that Tronexus Global Sdn.Bhd. and/or its related corporations are only the conduit for posting, distribution and transmission of data. By way of example and not as a limitation, you agree not to use the Service as below:
Service which includes voice, SMS and other features and services made available by Tronexus as posted on www.tronexus.com from time to time. Tronexus services are offered on a "as is" and "as available" basis and Tronexus shall not be liable for and makes no express or implied representations or warranties, guarantee or representation of any kind in relation to the Services including but is not limited to:-
Your usage of any part of the Services implies your acceptance of all the terms and conditions of the Services which may be varied, modified, amended, deleted, added or terminated in whole or in part at any time and from time to time without any prior notice from Tronexus.
Tronexus shall be entitled at its absolute discretion at any time to suspend and/or disconnect your access to the Services without any notice or compensation to you in the following circumstances:-
Tronexus reserves the absolute right at any time and without being liable to you or any third party whatsoever to:-
All sim cards must be activated within Malaysia and before the expiry date printed on the Tronexus Membership Pack.
Upon expiration of the credit validity period, you must perform a reload with Tronexus Reload Vouchers in order to continue to use the Services. In the event no reload is performed, the SIM Card shall be terminated and any remaining credit including any other service or benefit or points accumulated shall be forfeited without any further notice.
Tronexus shall not in any way be liable to reimburse you any forfeited credit value or for any damages, cost, loss or expenses suffered as a result of the suspension and/or termination of your Services.
Tronexus is not under any obligation to compensate you for your lost, stolen, damaged, faulty or cloned SIM Card or for any unused credit balance.
If Tronexus chooses to replace your SIM Card, you will be charged for such replacement in the amount as may be determined by Tronexus at any time and from time to time.
You shall take all precautionary steps to prevent the loss, theft, unauthorised use and/or cloning of the SIM Card. In the event of any loss, theft, unauthorised use and/or cloning of the SIM Card, you shall immediately notify us. You shall remain liable for all charges and costs incurred in relation to the SIM Card including all costs associated with its unauthorised use.
You hereby acknowledge and agree that the Content made available by Tronexus via the Services is provided by Tronexus or third parties. Tronexus does not filter, check and/or edit the Content and therefore Tronexus is under no obligation to censor the Content or any part thereof or information provided, even if it is co-branded or promoted or endorsed by Tronexus.
Tronexus shall not be liable or responsible in any manner of whatsoever nature for any loss or damage suffered by Tronexus Member or any other person as a result of using the Content of any information or data thereof including the damage or loss of data caused by virus or any other similar programmes.
Tronexus shall not be liable for, and you agree to indemnify Tronexus against all claims, losses, liabilities, proceedings, demands, costs and expenses (including legal fees) which may result or Tronexus may sustain in connection with or arising from the provision of the Services to you. You shall also reimburse Tronexus all such payments including but is not limited to taxes, levies and/or duties payable which Tronexus has advanced or settled on your behalf, whether under a statutory obligation or otherwise.
Without prejudice to any of the foregoing provisions, in the event a court, arbitrator, tribunal or any other authority who have the jurisdiction over the matter holds or finds Tronexus liable to you for any breach or default by Tronexus, you agree that the amount of damages payable by Tronexus to you shall not at any time exceed the sum of Ringgit Malaysia Five Hundred (RM500) only notwithstanding any order, decree or judgement to the contrary.
The limitations and exclusions in this Agreement shall apply regardless of whether a claim is based in contract, warranty, indemnity, tort/extra-contractual liability (including negligence), strict liability or otherwise to the extent in which it is permitted by law.
Your use of the Services connotes that you agree to fully indemnify and keep Tronexus, its officers, employees, staffs, workers, agents, contractors, authorised personnel fully indemnified against any loss, damage, claims, costs, expenses, liabilities, penalties arising from any claims for libel, invasion of privacy, infringement of copyright, patent, breach of confidence or privilege or breach of any law or regulation whatsoever arising from the material transmitted, received or stored via the Services or part thereof and from all other claims arising out of any act or omission by you or any unauthorized use or exploitation of the Services or any part thereof.
You shall be responsible for all taxes, levies or duties, if applicable, in relation to the Services. You shall reimburse Tronexus on demand for any such expenses, which Tronexus is obliged to pay on your behalf.
If you Port a Mobile Number you have obtained from us to use with the services to another mobile/fixed cellular service provider with a Mobile Phone or you Port the Mobile Number from another mobile service provider to the Service Provider's fixed cellular network, you acknowledge and accept that:-
You expressly, irrevocably and unconditionally consent, acknowledge and agree that you request to the Service Provider to Port your Mobile Number represents a notice to terminate your subscription with the DNO. The Service Provider shall not be held responsible or liable for any unsuccessful termination of your subscription with the DNO and resulting failure to Port with the Service Provider.
In the event of a Port to the Service Provider, or Port withdrawal or Port reversal to the DNO, the Service Provider:-
Acceptance of the Terms and Conditions will only be effective upon activation of the Ported Mobile Number by the Service Provider.
In addition, you expressly authorise the Service Provider to provide information regarding your Mobile Number to be disclosed to other telecommunication service providers to enable the transfer of your Mobile Number from one telecommunication service provider to another.
For the purpose of this Clause, "Confidential Information" shall means all proprietary non-public and confidential or personal data of the Parties or information which the Parties may have access to or which may have come to the knowledge of the Parties and/or pursuant to this Agreement and/or any information in respect of the security arrangements between Tronexus and its' member under this Agreement. The Tronexus Member's Confidential Information shall not include information which
Tronexus Member hereby irrevocably and unconditionally agree and authorise Tronexus to disclose its' Member's Confidential Information to:-
Tronexus Member covenants with Tronexus that it shall keep all Tronexus Confidential Information in confidentiality and shall not divulge or disclose Tronexus's Confidential Information for its or third party's undue benefit. This confidentiality obligation shall survive notwithstanding any lawful termination of this Agreement.
Tronexus Member hereby irrevocably and unconditionally acknowledges/agrees and shall not:-
Tronexus's Mark, articles, graphic representation, company name, domain name(s) of Tronexus including but is not limited to the Tronexus Website are proprietary to Tronexus and Tronexus Member cannot invoke and/or claim any rights in this respect or any other Intellectual Property rights from Tronexus and this Agreement does not give you any interest in Tronexus's Mark and/or the Tronexus website except the right to use the same in accordance with the Terms and Conditions of this Agreement.
All Intellectual Property rights in relation and/or attached to Tronexus Website shall belong to Tronexus. No Intellectual Property rights are assigned to Tronexus Member based on this Agreement.
You shall grant Tronexus an irrevocable, worldwide royalties free licence to copy and adapt and reproduce in any manner whatsoever any information generated through your use of the Services to the extent necessary for Tronexus to provide or to promote the Services or for the Services.
Force Majeure Event; means any physical event or circumstance beyond the control of a Party which prevents that Party from performing its obligations under this Agreement or uncontrollable events which make it impracticable or commercially unreasonable for the Party affected by such events to perform under the terms of this Agreement, which events shall include but is not limited to acts of God, acts of war, invasion, act of foreign enemy, hostilities, warlike operations, civil disobedience, rebellion, insurrection, military or usurped power of confiscation by order of any Government or public authority, terrorism or threat of terrorism, military call-ups and other situation or crisis, mutiny, riots, mobilisation, unusual or unexpected shortage of labour, labour lockouts, strikes or other industrial actions, sabotage, action or intervention of authorities, boycotts, unexpected change in weather conditions, damage caused by thunderstorm, flood, hurricane, typhoon, earthquake, tornado, cyclone, volcanic eruption or other natural disaster, disturbance in electric supply, or scarcity of transport equipment or fuel. For avoidance of doubt, an act of terrorism means an act, including but not limited to the use of force or violence and/or threat thereof, any person or group(s) of persons, whether acting alone or on behalf of or in connection with any organisation(s) or government(s), committed for political, religious, ideological or similar purposes including the intention to influence any government and/or to put the public, or any section of the public in fear. For avoidance of doubt, a Force Majeure Event shall not include any event or circumstance which may be avoided by an act or omission of a Party hereto.
Neither party shall be liable to the other in respect of the performance of obligations under this Agreement upon occurrence of any Force Majeure Event. Although Tronexus will use its best efforts to ensure adequate sources of supply of raw materials and component parts to comply with its obligations under this Agreement, the Service Provider reserves the right to declare any shortages thereof a Force Majeure. An operating error caused by Tronexus Member, a defect in equipment or in a communication connection or line, interruption, break-down or disturbance in telecommunication or telecommunication connections, as well as a network operator's error shall also be deemed to constitute such ground to relief on the part of Tronexus.
Notwithstanding anything contained herein, no Force Majeure Event shall apply to any obligation to pay any sum of money under this Agreement in a timely manner by Tronexus Member in accordance with the provisions of this Agreement.
- Such provision shall be ineffective to the extent of such illegality, voidness, invalidity, prohibition or unenforceability;
- The remaining provisions of this Agreement shall remain in full force and effect; and
- The Parties shall use their respective best endeavours to negotiate and agree on a substitute provision which is valid and enforceable and achieve to the greatest extent possible the economic, legal and commercial objectives of such illegal, void, invalid, prohibited or unenforceable term, condition, stipulation, provision, covenant or undertaking,
- Irrevocably submit to the non-exclusive jurisdiction of the Courts of Malaysia;
- Waive any objection on the grounds of venue or forum of convenience or any similar grounds;
- Consent to service of legal process in respect of any matter arising out of this Agreement by forwarding a copy of such legal process by prepaid registered post to their last known address or in any other manner permitted by the relevant law; and
- where any claims, proceedings, actions, suits or disputes arising or in connection with these Terms and Conditions is to be commenced or adjudicated in the High Court of Malaya, the Parties agree that it shall be adjudicated in the High Court in Kuala Lumpur.
Your privacy matters to us. To preserve the confidentiality of all information you provide to us, we maintain the following privacy principles:-
We only collect Personal Data that we believe to be relevant and required.
We use your Personal Data to provide you with better customer services and products.
We may disclose your Personal Data to our Related Corporation or other third parties as identified in this Privacy Statement.
We endeavour to collect your Personal Data with your knowledge and consent which we believe to be true, accurate and complete in all respects.
We endeavour to give effect and respect to your Privacy and comply with the Personal Data Protection Act 2010 and all regulations and codes of practices made thereunder.
Please read this Privacy Statement carefully as it forms part of the terms and conditions of use of any Tronexus services or services which you acquire from us or any of our Related Corporation.
In this Privacy Statement, the following expressions shall, unless the otherwise expressly stated, bear the following meaning:-
Personal Data means any information in the possession or control of Tronexus that related directly or indirectly to you (or any other individual) to the extent that you (or the other individual) is identified or identifiable from that information or from that and other information in the possession of Tronexus including but without limitation to your personal information such as name, date of birth, current and previous addresses, telephone or mobile phone number(s), e-mail address(es), bank account or credit card details, personal interests, and shall include any sensitive personal data (include any personal data consisting of information as to the physical or mental health or condition of a data subject, your political opinions, religious beliefs or other beliefs of a similar nature, etc), and expression of opinion and including but without limitation to all information and details in relation to Tronexus Services provided by Tronexus to you and any information pertaining to the commercial transactions as stipulated in the agreement between you and Tronexus as well as Tronexus services which include your content and traffic usage.
Privacy Statement shall mean the entire statement herein and shall include all such further and future amendments, modifications and/or rectifications.
Process, Processing shall mean any dealings by us with the Personal Data including but without limitation to the collection, recording, holding, storing, use and disclosure of the Personal Data and shall further include but without limitation to the organisation, adaptation, alteration of the Personal Data, the access to, retrieval, consultation or use of the Personal Data, the disclosure of the Personal Data by transmission, transfer, dissemination or otherwise making available or the alignment, combination, correction, erasure or the destruction of the Personal Data.
Related Corporation in relation to any corporation means any subsidiary or holding company of that corporation or any subsidiary of that holding company.
Tronexus Services means any services and/or products and/or combination of both provided by Tronexus, our Related Corporation(s), authorised agents, authorised affiliated partners or associates. Any references to "Tronexus Services" in this Agreement shall mean all the Tronexus Services or any of them as the context requires.
"Tronexus", Our, Us, We refers to Tronexus Global Sdn. Bhd. (Company Registration No.: 1183587-H) a company duly incorporated pursuant to the Companies Act, 1965 Malaysia and having its principal business address at Tronexus Office, L-1-1, Kuchai Business Park, No.2, Jalan 1/127, Off Jalan Kuchai Lama, 58200 Kuala Lumpur, Malaysia and its Related Corporation(s).
Tronexus Website means the website used by Tronexus, namely www.tronexus.com and other web address(es) as may be used and/or adopted by Tronexus from time to time.
Any references to person(s) shall include any company, partnership, individual person, firm, joint venture, association, corporation, statutory body, unincorporated body of persons, trust, bureau, minister, agency, instrument, court, regulatory body, government or state, any authority or other body corporate and vice versa;
In the event of any doubt in relation to the definitions contained in this statement, the definitions as provided in the Personal Data Protection Act 2010 shall prevail.
We collect your Personal Data through various ways, including but without limitation to the following manner:-
During the registration process – any personal information provided by you whenever you register for any of the Tronexus Services, whether by way of telephone conversation, in the application forms and/or other agreements/forms, or through the Tronexus Website and/or any other mode of telecommunications.
The Personal Data herein described is collected automatically and if you wish to stop and/or prohibit us from processing this Personal Data about you, we will no longer be able to provide the relevant Tronexus Services to you.
From your use of Tronexus Services – any information in our records including the type, genre and status of the Tronexus Services acquired by you including any mobile content, and any information in relation to how you use the Tronexus Services or any of them (including but not limited to telephone numbers and e-mail address(es) of calls, SMS, MMS, e-mails and other communications made and received by you and the date, duration, time and cost of such communications, your internet browsing/searching/surfing history, access to content, uploads and downloads (including the amount of data consumed), your IP address, the quality of the Tronexus Services you have received from us (in terms of network reception and data quality), your mobile or fixed cellular phone's location, your billing and payment status and records, your personal interests and preferences (by looking at the types of the Tronexus Services you acquire and how you use them), the equipment which you use when accessing or using our Tronexus Services such as your mobile handset and your image, by way of video surveillance logs installed in some of our centres as part of our security infrastructure (when applicable).
The use of "cookies" is not an industry standard and is commonly used in most websites. If you wish, you may reset your browser either to notify you when you have received a cookie, or to refuse to accept cookies. Please take notice that areas of certain sites will not function properly if you set your browser to not accept cookies.
Voluntary Personal Data – Any information voluntarily provided by you when you subscribe to certain Tronexus Services.
Subscription to certain Tronexus Services is voluntary and you can choose to unsubscribe them at any time. If you do not wish for us to process such information, you should not subscribe for Tronexus Services.
Marketing Communications & Postings – We will collect your Personal Data through direct communications with you (including by way of SMS, MMS, e-mails, telephone conversations and any other mode of telecommunications) and when you respond to requests from us (such as contests, questionnaires or surveys). We will also collect your Personal Data when you participate in any of our redemption programme. We may also collect and process any postings/views/comments/opinions from you which you posted on the Tronexus Website. If you change your mind about receiving any promotional e-mails from us please contact us and we will remove you from our mailing list.
The Personal Data will be collected with your knowledge and consent and is provided by you voluntarily. If you do not agree to this information being collected and used by us then you should not provide or post it, which in turn means that you may not be able to participate in or receive the full benefit of such communications, contest, polls, questionnaires or surveys.
Your Personal Data may be processed for various purposes, including but without limitation to the following purposes:-
To verify your identity;
For the performance of any agreement between Tronexus and for any purpose which is necessary or related to the provision of the Tronexus Services to you;
For the performance of a contract in which you are a party;
For the taking of steps at your request with a view to entering into a contract;
To protect your vital interest or another person in a case where the consent cannot be given by or on your behalf or you cannot reasonably be expected to obtain the consent the data subject;
To provide and facilitate the Tronexus Services you acquired;
To assist you when subscribing to our services;
To administer and manage Tronexus Services and your account with us whether on Tronexus Website or otherwise;
To assess and/or verify credit worthiness and/or to conduct credit check;
To detect and prevent fraudulent activity;
For the administration of justice or prevention or detection of a crime, or for purpose of investigations or for the purposes of public interest or legal proceedings;
For execution of any functions conferred on any person by or under any law or was required or authorised by or under any law or by the order of a court or any administrative or regulatory bodies having jurisdiction over the matter;
For medical purposes and is undertaken by a healthcare professional or a person who in the circumstances owes a duty of confidentiality which is equivalent to that which would arise if that person were a healthcare professional;
For the purpose of obtaining legal advice in relation to the Tronexus Services;
For the purposes of establishing, exercising or defending legal rights;
For the assessment or collection of any tax or duty or any other imposition of a similar nature;
To manage the network;
To process your order for any Tronexus Services and/or any redemption vouchers, services, or products which you have requested;
To investigate and resolve any service issues, billing queries, complaints or other enquiries that you submit to us regarding our network, Tronexus Services or customer relations personnel;
To contact you and maintain communication with you;
To manage staff training and quality assurance;
To help us to monitor and improve the performance of our services, our customer relations and service providers, mobile content providers etc;
To maintain and develop our business systems and infrastructure, including testing and upgrading of the system;
To gain an understanding of your information and communication needs in order for us to enhance our services;
To conduct research and development and statistical analysis in connection with the Tronexus Services and to identify your needs, preference and market trend;
To send you seasonal greetings, messages or public service announcements;
To promote and market to you (including but without limitation by way of direct mail, bill inserts, telemarketing, SMS, MMS, e-mail and/or any other mode of telecommunications) other services or products provided by us or our Related Corporation(s) and/or strategic partners, products, services, promotion, special offers of third parties whose products and services we think may be of interest to you;
For any other purposes which you have explicitly consent to, whether contained herein or otherwise.
Your Personal Data may be disclosed to third parties, including but without limitation to the following persons:-
any person engaged/contracted/appointed by us (including our employees, workers, staffs, shareholders, directors, agents, contractors, business partners or associates, etc) to facilitate the performance and provision of Tronexus Services and/or any other purpose which is necessary or related to the provision of Tronexus Services to you;
to any of our Related Corporation(s) and our shareholders and the shareholders of our Related Corporation(s) and/or any other entity, corporation and company affiliated with us;
to our network service provider;
to our strategic partners that work with us to provide Tronexus Services or that help market Tronexus Services including our network of distributors, dealers and retailers;
to other telecommunication and information service providers when you have used their networks, for billing and service resolution purposes and including for the purpose of facilitating mobile number portability ("MNP") (if applicable);
to payment channels including without limitation to financial institutions;
to any person for the performance of a contract in which you are a party;
to any person for the purpose of compliance of any legal obligation, other than an obligation imposed by contact;
to any person necessary for the administration of justice or prevention or detection a crime, or for purpose of investigations or for the purposes of public interest;
to any person for medical purposes or for the purposes of obtaining legal advice or for the purpose of execution of any functions conferred on any person by or under any law or was required or authorised by or under any law or by the order of a court or any administrative or regulatory bodies having jurisdiction over the matter;
to any person for the assessment or collection of any tax or duty or any other imposition of a similar nature;
to any person for the purpose of responding to services or technical issues or marketing activities;
to our professional advisors on a need to know basis for the purpose of those advisors providing advice to us;
to parties nominated or appointed by us either solely or jointly with other service providers, for purposes of establishing and maintaining a common database where we have a legitimate common interest;
to any third party which acquires all or part of the assets or business of Tronexus;
otherwise as permitted under Malaysian law, including without limitation, the Personal Data Protection Act 2010 (if applicable).
As our commitment to you as our customer, we shall in our best endeavour adhere to the following principles when processing your Personal Data:-
we will take reasonable practical steps to protect the Personal Data from any loss, misuse, modification, unauthorised or accidental access or disclosure, alteration or destruction of the Personal Data;
we will not disclose your Personal Data to any spamming syndicate;
we will take reasonable practical steps to ensure that third parties who receive your Personal Data from us shall safeguard the confidentiality of your Personal Data.
We take security very seriously and we have amongst others the following security features in processing your Personal Data:-
authentication – this assures your browser that your data is being sent to the correct computer server, and that the server is secured;
encryption – this encodes the date, so that it cannot be read by anyone other than the secured server;
data integrity – this checks the date being transferred to ensure it has not been altered.
Our website has reasonable security measures in place to protect the loss, misuse and alteration of the information under our control. We use Secure Socket Layers (SSL) technology to ensure the privacy of the information provided to us in the order forms. At no time are the customers' debit/credit cards details transmitted un-encrypted over the Internet.
You are responsible for updating your Personal Data with us and you hereby confirm that all Personal Data furnish to us are true, accurate, complete, not misleading and kept up-to-date at all time. You shall immediately report and notify us in the event of any error in the Personal Data which you have submitted and/or provided to us and/or otherwise collected by us whether through your usage of the Tronexus Website and/or Tronexus Services or otherwise. If you do not wish to receive certain information from us whether via SMS, MMS, e-mail or otherwise you shall notify us and request to be excluded from such services, failing which you shall deemed to have accepted the services voluntarily.
We shall not be responsible for any Personal Data made available by you on any third party sites which may have a link on Tronexus Website.
By agreeing to this Privacy Statement and/or by registering for and continuing to use the Tronexus Services signifies and indicates your voluntary and explicit acceptance and consent to your Personal Data being processed by us for the purposes set out in this Privacy Statement and disclosed by us to those classes of third parties identified in this Privacy Statement. Please take note that you are at liberty to refuse to provide us with any Personal Data and to terminate your relevant Tronexus Services agreement with us.
This Privacy Statement shall constitute sufficient NOTICE to you in relation to the process of Personal Data by us.
Right to be informed & right to access: You are entitled to make a written request to us for information of the Personal Data that is being processed by or on behalf of Tronexus upon payment of a prescribed fee. You may also request for a copy of the Personal Data upon payment of a prescribed fee.
Right to correct your personal data: You may also request for correction and/or modification in relation to any of your Personal Data. If you are concerned with the confidentiality of any information given or you wish to correct any Personal Data provided by you to us, kindly contact Tronexus at:-
Dial 011 2000 2288 – in Malaysia
Email:- email@example.com (between 9.00am to 6.00pm) daily. You may also use this address to communicate any concerns you may have regarding compliance with this Privacy Notice.
Right to prevent processing for direct marketing purpose: If you do not wish to receive certain information from us whether via SMS, MMS, e-mail or otherwise you shall notify us and request to be excluded from such services, failing which you shall deemed to have accepted the services voluntarily.
Right to prevent processing of data likely to cause distress & right to withdraw consent: You are entitled to inform us in writing should you wish us to stop processing your data but we may not be able to provide Tronexus Services to you.
Tronexus reserves all absolute rights to amend, modify, vary, terminate, delete and/or add any part or all of this Privacy Statement at any time and from time to time and any notice in relation to any such amendment, modification, variation, termination, deletion and/or addition shall be posted on Tronexus Website. Your continued usage of the Services after being notified of any changes to this Privacy Statement you shall be deemed to have agreed to and accepted and consented to those changes. If you do not agree to any such changes, you may terminate your relevant Tronexus Services agreement with us.
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