eKYC SIM ActivationTerms & Conditions

General

  1. These terms and conditions (“Terms and Conditions”) is applicable and binding upon you in its entirety when you access and/or use the XOX BLACK App (“App”). As such, please read this Agreement carefully before accessing and/or using the App.

 

Definitions

  1.   For the purpose of these Terms and Conditions, the following words shall be given the meanings defined below:-

“Activation”

means the point in time when the Service is activated in the XOX BLACK App;

“Agreement”

means these Terms and Conditions and/or any additional terms and conditions relevant and applicable to you including any additions and/or variations made by XOX at its absolute discretion from time to time;

“e-KYC”

means the electronic process to validate the identity of a user by verifying the personal details of the user;

“MCMC”

means the Malaysian Communications and Multimedia Commission established under the Malaysian Communications and Multimedia Commission Act 1988;

“Mobile Account”

means an account opened for the Subscriber subscribing to the XOX MOBILE services which includes, but not limited to ONEXOX Prepaid, ONEXOX BLACK and XOX eSIM;

“Personal Information”

means the user’s name, address, date of birth, gender and photograph;

“Service”

means the verification feature integrated into App and /or any other service, feature or functionality made available by us from time to time;

“Terms and Conditions”

means these terms and conditions for the Service as may be varied or modified from time to time at XOX’s sole discretion;

“User” or “Subscriber” or “You” or “Yours”

means you, an individual or person who has applied for and has been granted the use of the Service; and

“XOX” or “XOX MOBILE” or “Us”

means XOX MOBILE Sdn Bhd (813250-K).

Your Acceptance

  1. The date of this Agreement (“Effective Date”) is the date on which you indicate your acceptance of the Terms and Conditions. By continuing to click on “Sim Activation” in the App and proceeding accordingly, you are deemed to have read, unconditionally accepted and agreed to be bound by this Terms and Conditions and as may be amended from time to time.

  1. Malaysian Subscribers must provide a valid NRIC or MyKid for e-KYC SIM Activation, while Non-Malaysian Subscribers need a valid Passport for e-KYC SIM Activation. Individuals aged 12 and older can sign up for the Prepaid plan, while those aged 18 and older can register for the BLACK plan.

  1. For the e-KYC SIM Activation, identification documents like MyPR and MyTentera are allowed. Identification documents that aren’t allowed for e-KYC SIM activation include i-Kads.

  1. Watermarked images are not accepted for e-KYC SIM Activation.

  1. Upon successfully performing the eKYC SIM Activation, you are bound by the Terms and Conditions of ONEXOX Prepaid and/or ONEXOX BLACK from the date that you successfully performed the eKYC SIM Activation.

  1. By continuing to use the App, you represent and confirm that, you:-

(i)        Acknowledge and unconditionally accepted these Terms and Conditions;

(ii)       Are the present user of the SIM card or eSIM;

(iii)     Have the requisite authority to enter into this Agreement;

(iv)     Agree to be bound by the Terms and Conditions contained in this Agreement as of the date of acceptance and as modified from time to time; and

(v)       Are competent to enter into the Agreement.

Your Personal Information

  1. You confirm that you have read and agree with the XOX Privacy Statement set out in XOX’s website. PLEASE READ THE PRIVACY POLICY CAREFULLY as it deals with the subscriber’s rights and XOX’s obligations in relation to your personal information.

  1. By using the App, you agree and authorise XOX to retrieve and store your Personal Information in order to allow XOX to perform an e-KYC authentication process necessary for verification (or reverification) of your identity with regard to the registration of the mobile number for the service being used by you.

  1. By providing your Personal Information to XOX, you represent and acknowledge that you are presently the possessor and user of the SIM Card in relation to which of your identity is being verified (or re-verified) using e-KYC process. A subscriber is unable to perform the e-KYC process for a third party.

  1. You shall provide accurate and complete information and keep that information accurate, complete and updated. XOX have no obligation, whether express or implied, to verify the accuracy and authenticity of any information provided by you.

Your Obligations

  1. You agree to use the App subject to the applicable statutory and regulatory guidelines issued MCMC. In case of any rejection of the verification of your mobile number under the e-KYC process, you shall be informed via In-app notification about the verification status and you may call our customer service for assistance at 1300 888 010.

  1. You shall not fraudulently register your Mobile Account. In the event XOX discovers that you are impersonating another person, or in case any information from the identity card provided you is untrue, inaccurate, incomplete, incorrect and/or misused, it shall be treated as a FALSE REGISTRATION. XOX MOBILE shall have the right to suspend and/or immediately terminate your use of the service provided as per MCMC guidelines and report such fraudulent activity to the relevant authorities.

  1. You shall, at all times be solely responsible to keep confidential and safeguard details of your Personal Information and Mobile Account.

XOX’s Rights

  1. XOX shall have the right to suspend, revoke, refuse and/or block the use of the App (or any part thereof) at any time, without liability, without notice, including but not limited to, if:-

(i)        You breach any terms and conditions of the Agreement;

(ii)       There is reasonable suspicion of fraudulent and/or illegal and/or activity by you which in our sole opinion will damage, injure, compromise our network operation, reputation and/or business;

(iii)     We receive an order, instruction, notice and/or directive from any relevant authority to do so;

(iv)     Any other reasons we deem fit.

  1. XOX reserve the right to take appropriate legal action against you and/or report you to the relevant authorities.

Variation

  1. XOX reserves the right, at its sole and absolute discretion, to change, modify, add to, alter, delete and/ or remove any of these Terms and Conditions at any time without notice. Your continued use of the Services following the posting of any change and/or modification of these Terms and Conditions shall constitute your unconditional acceptance of those latest and revised Terms and Conditions.

  1. You are advised to visit XOX’s website from time to time to keep updated the latest variation of these Terms and Conditions.

Intellectual Property Rights

  1. The App is owned, operated, licensed and controlled by XOX and is covered and protected by all laws including but not limited to copyright and trademark laws of Malaysia.

  1. The subscriber accepts all risk in clicking any such links provided through the App.

No Warranty

  1. The App is accessible to you on “as is” and “as available” basis. You agree and accept that the App is used at your own discretion and risk. XOX has taken reasonable care to ensure that the App contains no inaccuracies, errors, viruses or defects; however XOX does not warrant that this to be the case. To the extent permitted by law, XOX MOBILE gives no warranty of any kind (Implied, statutory or otherwise) in relation to the App and XOX  shall not be liable for any loss and/or damage arising from or in connection with the use of the App.

Privacy

  1. You agree that by using the App, you consent for your Personal Information to be retrieved and/or disclosed for the purpose of verification of your identity using the e-KYC process. XOX’s usage of your Personal Information is in accordance with the Personal Data Protection Act (PDPA) 2010.

  1. You further declare your consent to the collection, processing and use of your personal data such as, including but not limited to, your name, contact details and employment related information for the purposes of using the Services according to the Terms and Conditions.

Liability

  1. In no event shall XOX be liable for any damages caused to the subscriber on account of use and/or inability to use the App. You acknowledge, agree and accept that you are fully responsible for any damages resulting from any violation of these Terms and Conditions and/or the law.

  1. You further agree to indemnify and hold XOX , and its affiliates, officers, directors, agents and employees, harmless from any action, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms and Conditions, or any violation of any law or regulation whatsoever or the rights of any third party that occurs in connection with your use of the App and for all other claims arising out of any act or omission of you or any unauthorised use or exploitation of the Services.

Others

  1. Your acceptance to these Terms and Conditions, together with our Privacy Policy and any other rules, regulations, procedures and policies herein, constitutes the entire agreement between You and XOX with respect to your use of the App verification of your identity using e-KYC process and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the subscriber and XOX MOBILE with respect to the Service.

  1. No failure or delay in enforcing any provision, exercising any option or requiring performance, shall be construed to be a waiver of that or any other right in connection with this Agreement.

  1. If any provision of this Agreement is invalid or unenforceable under applicable law, it is, to that extent, deemed omitted and the remaining provisions will continue in full force and effect.

  1. This Agreement will bind and inure to the benefit of each party’s permitted successors and assigns. This Agreement is personal to the subscriber and may not be transferred, assigned or delegated to anyone. Any attempt by the subscriber to assign, transfer or delegate this Agreement shall be null and void.

  1. These Terms and Conditions are governed by and construed with the laws of Malaysia and you hereby submit to the exclusive jurisdiction of the Malaysian courts.