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:
- Update us your registration information should there be any changes.
- Allow Tronexus to verify the information provided for the registration and activation of your Tronexus service with third parties where necessary.
- Bear responsibilities for all charges incurred to the mobile number you purchased.
- Fully indemnify Tronexus for any fraud, misrepresentation, unauthorized or unlawful usage of the Service through your mobile number which resulted in loss, damage, costs or expenses to Tronexus.
- Obtain the necessary compatible hardware, i.e. mobile GSM phone to access the Service.
- View and listen to Tronexus advertisements to enable Tronexus to continue providing low rates and attractive packages.
- Tronexus accessing your account information, including usages to respond to service or technical issues and marketing activities.
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:
- for any unlawful purpose or for any purpose which is against public interest, public order or national harmony; or
- to publish defamatory, infringing, obscene or other unlawful material; or
- 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
- 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.
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:-
- availability, accessibility, timeliness and uninterrupted use of the services;
- sequence, accuracy, completeness, timeliness or the security of any data or information transmitted or received by you in connection with the Services;
- the condition, merchantability, or fitness of any part of the Services;
- the quality of the service equipment used by you that is necessary for the access and/or use of the Services;
- the quality of the network coverage, whether domestic or international.
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:-
- If the technical failure occurs in the Services or Tronexus, Tronexus's Related Corporations or Tronexus's affiliated corporations' network which supported the Service in whole or in part;
- while the Services are being upgraded, added, deleted, amended, varied, modified or maintained either in whole or in part.
- If you breach any of the Terms and Conditions;
- If you do anything which may in Tronexus's sole opinion, lead to the damage or injury to the Services or the Related Corporations' network or Tronexus's affiliated corporations' network which supported the Services in whole or in part.
- If Tronexus is required to do so by any law, statue, enactment, code or by any relevant authorities.
Tronexus reserves the absolute right at any time and without being liable to you or any third party whatsoever to:-
- impose a fee, extra charges and/or penalty to you who misuse the free calls or data services or any other services provided, directly or indirectly or through Tronexus by way of unauthorised selling and/or Commercial Gain;
- impose any minimum or maximum capping for the free voice and/or data usage without prior notice to you based on the fair usage policy which may be changed at any time and from time to time at Tronexus's absolute discretion;
- suspend, disconnect and/or terminate your telephone line in the case of suspected Commercial Gain activity not limited to any voice and/or data services and promotions being offered.
Delivery of Products and Activation
- You shall provide true and accurate information for the purpose of delivery of Product.
- Tronexus shall appoint any fulfilment and logistic company/companies as it deems fit to carry out the delivery of the Product. Subject to the availability and other commercial terms and conditions, the preferred delivery agent of Tronexus is Pos Laju. Unless otherwise expressly stated, Tronexus provide free delivery for purchase of Product with a purchased value that equal or exceed RM99.00 in a single transaction subject to all conditions stated in this Clause.
- The Product ordered by you will be delivered to the address provided by you (or by any other means deemed appropriate by Tronexus) in your purchase form. The Product MUST be personally received by you. In the event the recipient is not present at the designated address to take delivery of the Product, the Product will be kept by the delivery service provider after two (2) failed delivery attempts and you must arrange for self-collection at the delivery service provider's venue. For alternative and subsequent delivery attempt, Tronexus reserve the right to arrange for subsequent attempt(s) at your written request and subject to availability of the delivery service provider. Tronexus reserves the right to impose addition charges for the arrangement of subsequent delivery of Products and this shall apply regardless of whether the delivery charges is free at the first instance. In the event Tronexus is unable to contact the recipient and the recipient fail to make arrangement to collect the Product after the expiry of thirty (30) days from the date of the last attempt of delivery, you shall not be entitled to demand for any refund of any payment made for the Product and Tronexus shall not be in any way liable or responsible to you. Tronexus shall also be entitled to deal with the uncollected Product in any manner as it deems fit without further reference to you.
- The delivery service of the Product is only valid within Malaysia.
- Tronexus shall use its reasonable best efforts to get the Products ready for delivery at the time specified in the Order Form. However Tronexus shall not be held liable and/or responsible in the event any of the Products could not be delivered within the time specified in the Purchase Order(s) and Tronexus shall not be obliged to provide any reasons for such late delivery. Any delivery may be deferred, assigned or re-assigned at Tronexus's discretion without prior notice. Delivery time and day is only estimation.
- Tronexus will not entertain any change to the delivery address once the order is made.
- You agree that there shall be no refund for the Product once payment is successful, even in the event the Product is not delivered to you, including situations where you cannot be located or if you are not contactable (by means as provided herein) or in the event that the information disclosed by you is inaccurate. You agree that Tronexus shall not in any way be responsible or accountable in these circumstances.
- Upon delivery of the Product to you and in the presence of Tronexus's delivery agent, you are required to produce your NRIC, passport or any other identification document for verification of identity and inspect the Product to verify that the Product is (1) complete and intact with the necessary accessories, (2) does not have any cosmetic defects; and (3) is capable of its basic functionality, failing which, you must reject the Product immediately. Once the product is accepted, Tronexus shall not in any way be accountable or responsible for any defect.
- Tronexus shall have all rights and absolute discretion to make relevant checks or calls to any party at any time for verification purpose. In the event Tronexus is unable to perform the verification (without fault on Tronexus's part) or the verification is unsuccessful in establishing the relevant party's identity, Tronexus reserves the right to cancel or withhold the delivery of the Product.
- Tronexus may at any time request for additional Personal Data, if necessary, for the purpose of verification of your identity or prevention of fraud.
- The Product is covered under and subject to the terms of warranty from the relevant manufacturers or licensors except for defects caused by your acts, omission or negligence. For any defects found after delivery, you must return the Product to the relevant manufacturer's service centers for warranty claims. In the event that your device is broken or if the warranty has expired, Tronexus may, assess the problem and provide you with a quote for the cost of repair as long as it is still repairable subject to Tronexus's absolute discretion. Tronexus reserves the right to reject your request if the device does not fall within the ambit of the relevant manufacturer's warranty.
- Tronexus will in its best endeavour deliver the Product in accordance to the estimated time stated below :
- Address located within Klang Valley and Kuala Lumpur city centre : within 5 business days from the date of receipt of the Sales Order and its subject to availability of the Products;
- Address located out of Klang Valley and Kuala Lumpur City centre : within 8 business days from the date of receipt of the Sales order and its subject to availability of the Products.
- You hereby acknowledge that in rare instances, delivery may be delayed in the event of service interruptions or failures beyond Tronexus's reasonable control. In such circumstances, you agree that Tronexus will not be responsible and/or liable for any of your losses and/or damages, if any, as a result of such delay. Tronexus reserves the right to change or discontinue any delivery option at its sole and absolute discretion.
- Order(s) Not Received After Estimated Delivery Date
- You will receive a Shipping Order Notification email once your order is placed.
- If you do not receive the delivery of your order within the estimated time frame, please contact Tronexus Customer Careline at 1-300-800-188 (9am-6pm daily) or send an email to firstname.lastname@example.org to check the status of the delivery.
- Cancellation - There shall be NO CANCELLATION after successful completion of your online purchase.
- Reload with Tronexus Sim
- Upon delivery of Product to you, you are required to make First Call Activation in Malaysia to activate the SIM Card within 90 days (3 months) from the day of receiving the product.
- All entitlement attached to the product will be revoked and deem expired for any activation done after the stipulated 90 days grace period.
- Tronexus reserves all the rights to add, amend or in any way vary the terms and conditions stated herein by publishing the additional or amended clause in Tronexus's website without any further reference to you. It is your responsibility to read all terms and conditions before agreeing to the same and proceed with any purchase of Products Online.
SIM Card, Top Up and Validity
All sim cards must be activated within Malaysia and before the expiry date printed on the Tronexus Membership Pack.
- you shall, as required by law, register your personal particulars with Tronexus upon the purchase of the Tronexus Membership Pack.
- If you fail to register or activate the SIM Card or the use of the Services is not activated by you, by the expiry date printed on the Tronexus Membership Pack, the SIM Card will be deactivated.
- A non-activated SIM Card which has passed the expiry date will not be usable and/or returnable and no refund shall be given to you in respect of the same.
- Tronexus may at any time terminate your SIM Card and bar your access to the Services if you breach any of the Terms and Conditions or otherwise without giving any reason whatsoever including but is not limited to if you fail to register.
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.
- Reload can be purchased through Tronexus online system, reload coupons, reload PIN (e.g. 7-11 PIN) and dealers.
- The date of credit validity will be effective upon the date of your reload. Your SIM Card validity will be extended to 365days on the date of successful reload.
- You will be notified via SMS on the amount reload and new credit validity period upon successful reload.
- Tronexus will not be liable for any loss or damage due to reloading errors caused by the user of any type of reload.
- Tronexus reserves the right to forfeit any remaining talktime credit after the expiry of the respective validity periods.
- Reload coupons which have passed the expiry date imprinted on them will not be usable and/or returnable.
- Reloads are not refundable. Any value that has been reloaded is not transferable or refundable.
- Any reload performed using any of the alternate reload channels or via any other channel which may be added from time to time will be subjected to their own respective terms and conditions that are not governed by Tronexus.
Exclusion of Liabilities & Indemnity
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 does not warrant and in particular does not guarantee the sequence, accuracy, authenticity, security or timeliness of the Content and Tronexus disclaim all liabilities of whatsoever nature in relation to the Content provided.
- by using the Services, you acquire no rights or interests to the Content and you agree not to distribute or forward the Content to any other person.
- Tronexus shall not be liable and makes no express or implied representations or warranties or guarantees of any kind in relation to the sequence, veracity, reliability, quality, accuracy, completeness or the security of any data or information transmitted using the Services.
- You shall not reproduce, tamper, alter, add, delete, modify, amend or vary in whatsoever manner, distribute or forward the Content (whether in its original or adapted form) received as part of other Services to anyone else for purpose of creation of any commercial products, whether tradable or otherwise including but not limited to, any derivative products whether for your own purposes or for the purposes of any third party.
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.
Mobile Number Portability ("MNP") (If and whichever is applicable)
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 must settle all outstanding contractual obligations including all outstanding payment (if any) with the Donor Network Operator (DNO) before you are allowed to Port;
- you may only Port a Mobile Number for which you are the authorised and duly registered holder of the Mobile Number and a minimum of 30 days stay with Tronexus is required before porting out;
- only active Mobile Numbers are eligible for Porting. Mobile Numbers which have been suspended, terminated, blacklisted on the defaulters database and/or barred shall not be eligible for Porting;
- you are only allowed to Port the Mobile number and not the telecommunications network services;
- the Mobile Numbers requested for Porting by you must be in the range of Mobile Numbers as approved by SKMM from time to time;
- Mobile Number Porting is subject to existing geographical numbering requirements;
- the requirements in the MNP code and any bilateral agreements made between us and other mobile/fixed cellular service provider must be met before you may Port your Mobile Number;
- the Service Provider may, upon receipt of a Port request from you, notify you by way of SMS the progress of your Port request;
- any balance of credit you had with the DNO shall be forfeited. The Service Provider shall not be liable and/or responsible to you or any third party authorised by or claiming through you for such forfeiture of any balance of credit;
- any fee paid for Porting are non refundable;
- we do not guarantee or warrant that your Mobile Number can be Ported from your previous mobile/fixed cellular service provider to our fixed cellular network. Your previous mobile/fixed cellular service provider may reject your request to Port if the information you provided is incorrect or does not match the data held by them.
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:-
- is not responsible for any period of outage of your service or any related ancillary services;
- is not liable to you or any person third party authorised by or claiming through you for any damage, loss, costs or expenses or other liability in contract or tort or otherwise direct or indirect, for or in relation to the Port, or Port withdrawal or Port reversal, for any reason whatsoever;
- will not refund the Porting fee.
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.
Confidentiality and Intellectual Property Rights
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
- Is in the public domain at the time of disclosure or later enters the public domain through no fault of Tronexus, and/or
- Is received by Tronexus from a third party not associated and/or related to Tronexus Member; and/or
- Is presently known to Tronexus; and/or
- is required to be disclosed by law, judicial or administrative process or by governmental authority and/or
- with written consent of Tronexus Member including the Personal Data which are consented to by Tronexus Member pursuant to the clauses aforementioned.
Tronexus Member hereby irrevocably and unconditionally agree and authorise Tronexus to disclose its' Member's Confidential Information to:-
- any persons which are related to and/or associated with and/or affiliated with Tronexus if such disclosure is necessary for the operation of the Services and/or for the purpose of performing the duties or obligation in relation to and/or ancillary to this Agreement; or
- Tronexus's employee(s), staff(s), agent(s) if such disclosure is necessary for the operation of the Services and/or for the purpose of performing the duties or obligations in relation to and/or ancillary to this Agreement; or
- Bank Negara Malaysia (BNM) or any bureau set up by or authorized by BNM to receive such information, if such disclosure is required by the BNM; or
- To any other appropriate authorities, the Inland Revenue Board to whom Tronexus is compelled to provide and/or disclose such information in accordance to any applicable legislation, rulings, regulations, ordinance, by-laws and/or other statutory provisions including the Anti-Money Laundering and Anti-Terrorism Financing Act 2001.
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:-
- Use any information or content or any parts thereof (whether in its original or adapted form) received as part of the Services, for purposes of creation of any commercial products, whether tradable or otherwise including but is not limited to, any derivative products whether for your own purposes or for the purposes of any third party.
- Disseminate or provide to any third party.
- Bursa Malaysia Securities Berhad (Bursa Malaysia) information or any part thereof (whether in its original or adapted form) received as part of the Services;
- Any other information or content (whether in its original or adapted form) received as part of the Services, of which Tronexus shall inform you from time to time.
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.
- Time of Essence
- Time wherever mentioned in this Agreement shall be of the essence.
- Tronexus Member hereby unconditionally and irrevocably agrees and authorise Tronexus at any time and from time to time and with or without notice to Tronexus Member, to revise, amend, delete, vary, modify and/or supplement all or any of the Terms and Conditions herein contained.
- The prevailing Terms and Conditions are as updated in the Tronexus Website and the updated Terms and Conditions shall apply and supersede any and all previous versions, including in any user guide or the terms and conditions as stated in the Tronexus Membership Pack.
- You are responsible to regularly review information relating to the Services posted in Tronexus Website which may include changes to the Terms and Conditions. Your continued use of the Services after the effective date of change to the Terms and Conditions shall constitute unconditional acceptance of such variations, additions, deletions, amendments, modifications by you and you shall be unconditionally bound by the same. If you do not accept such changes, you shall be entitled to terminate the use of the Services.
- Tronexus Member may not assign or transfer or novate any of their respective rights or obligations under this Agreement without the prior written approval of Tronexus. Any purported assignment or transfer made without such prior written approval of Tronexus shall not be binding on or effective against Tronexus.
- Tronexus shall reserve all absolute rights to assign or novate all or part of these Terms and Conditions to any third party by notice to you without your prior consent.
- Successors in title and assigns bound
- This agreement shall be binding upon the successors-in-title, heirs, personal representative, estate and permitted assigns of the Contracting Partied hereto.
- Invalidity and Severability
- If any provision of this Agreement is or may become under any written law, or is found by any court or administrative body or competent jurisdiction to be illegal, void, invalid, prohibited or unenforceable then:-
- 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,
- These Terms and Conditions shall have effect only to the extent not forbidden by law. For the avoidance of doubt, it is hereby agreed and declared in particular, but without limitation, that nothing herein contained shall be construed as an attempt to contract out of any provisions of the Consumer Protection Act 1999, if and where the said Act is applicable.
- Law & Jurisdiction
- This agreement shall be governed by, and construed in accordance with, the laws of Malaysia and the Parties:-
- 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.
- Knowledge or Acquiescence
- Knowledge or acquiescence of Tronexus shall not operate as or deemed to be a waiver of such terms, conditions, covenants, warranties, undertakings or any of them.
- No delay or indulgence by Tronexus in enforcing any term or condition of these Terms and Conditions or any of them nor the granting of time by Tronexus to you shall in any way prejudice Tronexus's rights or powers nor shall any waiver by Tronexus of any breach constitute a continuing waiver in respect of any subsequent or continuing breach.
- Rule of Constructions
- In the event of conflict or inconsistency between the user guide comprised in the Tronexus Membership Pack and these Terms and Conditions, such inconsistency shall be resolved by giving precedence in the following order: these Terms and Conditions and the user guide in the Tronexus Membership Pack.
- The Tronexus Member acknowledges that it has read the Agreement and understands and agrees to be bound by its terms and conditions subject to any amendments made from time to time.
Tronexus Member-Get-Member Referral Program
- This Program is designed to reward Tronexus mobile subscribers for referring potential Tronexus mobile subscribers to use Tronexus mobile services. The information of this Program is available via www.tronexus.com.
- Your participation in this Program and the rewards accrued is at the sole discretion of Tronexus, and Tronexus reserves the right to change, modify, cancel, remove any terms & conditions, either in whole or in part, at any time and from time to time, with reference to Member.
Program Registration and Eligibility
- To be eligible for and entitled to receive benefits in this Program, your Tronexus account must be ACTIVE.
- A Tronexus subscriber making the referral is called the "Upline". As an "Upline", your account must be ACTIVE every month in order to receive the rewards.
- The "Downline" is the new Tronexus subscriber whom you have introduced. As a Downline, your account must also be active every month to be eligible to participate in the Program. In the event that cease to be an Tronexus mobile subscriber or you have transferred your account to an ineligible Tronexus product plan, this Program of your will be automatically be cancelled.
- Each registered Tronexus mobile subscribers will have a unique member code which is their Tronexus mobile numbers' registered.
- Only registered Upline of the Program is eligible to earn rewards. This means that for an Upline to be eligible to earn reward
- The Upline must already be a registered member of the Program and is Active.
- To make sure the downlines are registered member of the Program and are still Active.
- Members of the Program must be Active at the time when a reward is given by Tronexus.
- A certain bonus points will be reserved for auto reload based on your membership packages.
- Premium T.A.S.K – 100 bonus points will be reserved for auto reload of MYR 50.00 for 2 times.
- Standard T.A.S.K – 90 bonus points will be reserved for auto reload of MYR 30.00 for 3 times.
- Basic T.A.S.K – 30 bonus points will be reserved for auto reload of MYR 10.00 for 3 times.
- Tronexus reserves the right to verify the validity of all eligible Uplines and Downlines and its decision is final.
- In the event that there is a tax liability on the rewards imposed by the government authorities, member shall be responsible and pay for it.
- Rewards that are held in a Member's account may not be assigned or transferred to any third party except as expressly permitted by Tronexus in writing.
- In the event that a Downline complaints to Tronexus that he does not know his Upline and/or he has not given consent to his Upline, the Upline will not be entitled to the rewards of this Downline associated with the Program.
- Any rewards assigned, sold, or otherwise transferred in violation of this Agreement may be confiscated or cancelled by Tronexus. Any violations of the foregoing restriction are subject to account termination, deduction of rewards from the Member account, and/or liability for damages and litigation and transaction costs.
Program Rewards Withdrawal Request
- In the event that member choose to withdraw his rewards from Member’s account as bank-in or cash redemption, member holds the responsibility to provide accurate/up-to-date/valid bank account number and personal ID to Tronexus.
- Upon submitting a reward withdrawal request
- Member agrees that all information provided are deemed final. Should an incorrect information is submitted, the cancellation request must the submitted in writing to Tronexus within the same day.
- Member agrees to give full consent to Tronexus to use the information provided for verification and processing purposes.
- In the event that the submitted information is inaccurate, Tronexus and its banking service provider reserves the final right to reject the request.
- Tronexus strongly advise members to provide banking information that belongs to himself. In the event that the submitted banking information or cash redemption is a third-party’s account, member agrees to fully bear any losses and risks that may arise.
- In the event of cash redemption, member must present a valid personal ID for verification purposes. In the event that ID verification is unsuccessful, Tronexus reserves the final right to reject the cash redemption request. Member is solely responsible of his safety in the event of cash redemption.
Guidelines on Endorsements and Testimonials
- As part of your participation in the Program, you agree and acknowledge that you are responsible for making truthful and accurate statements about Tronexus's services in connection with any referrals. If you are unsure about the answer to a question about Tronexus's service in connection with your referral, request the person to call Tronexus customer support. Please be aware that you can be held liable for false or misleading statements made in connection with your endorsement or testimonial about Tronexus's services.
- You must disclose the fact that you are a Tronexus mobile subscriber at the beginning of the conversation with any potential Downlines.
- Disclose the fact that you may receive rewards for a successful referral. You must clearly and conspicuously disclose the fact that you are the Upline and may receive Tronexus reward for a successful referral.
- By agreeing to the Program Terms and Conditions, you are agreeing to abide by these Program Guidelines on Endorsements and Testimonials ("Guidelines"). Failure to abide by these Guidelines can result in immediate termination of your Program membership and forfeiture of any Tronexus rewards.
Termination or Changes to the Program
- Tronexus reserves the right to suspend and/or terminate the Program, at any time and from time to time without notice. Notification of Program suspension and/or termination may be sent to the Member Tronexus's number or publicized on this Program Website, or an Tronexus's official website. Tronexus will not be responsible for failing to notify you individually of Program suspension and/or termination where such failure is caused by an error in your mobile device or your failure to check for the latest information on this Program Website or Tronexus's official website.
- If for any reason this Program is not capable of running as planned, including (but not limited to) technical failures, unauthorised intervention, fraud or any other causes beyond the control of the Tronexus which corrupt or affect the administration, security, fairness, integrity or proper conduct of this incentive, Tronexus reserves the right in its sole discretion to cancel, terminate, modify or suspend the promotion.
- Tronexus may modify this Agreement from time to time, with or without notice. Your continued participation in the Program after such modifications is deemed that you have accepted of all such modifications. It is your responsibility to check the Terms and Conditions page of the Program website regularly to determine whether this Agreement has been modified. If you do not agree to any modification of this Agreement, you must immediately cease participation in the Program.
- Membership in the Program is subject to the Program Terms and Conditions. Any failure to comply with the Program Terms and Conditions, any fraud or abuse relating to the accrual or redemption of rewards, or any misrepresentation of any information furnished to Tronexus or its affiliates by you, or anyone acting on your behalf, may result in the termination of your membership in the Program, cancellation of your Program account and/or forfeiture of your rewards. In the event of any fraud, misconduct, or suspected fraud or misconduct by you or anyone acting on your behalf or under your account, Tronexus reserves the right to suspend access of your account.
- All disputes regarding the Program, including without limitation, questions or disputes regarding eligibility for the Program, or the eligibility of the rewards for accrual or redemption, must be submitted in writing within 30 days of the qualifying transactions to Tronexus.
- Any such dispute shall be resolved by Tronexus at its sole discretion. All interpretations of Program Terms and Conditions shall be at the sole discretion of Tronexus. In the event that an error is made by Tronexus, such error shall not constitute a breach of this Agreement.
- This Agreement shall be governed by and construed in accordance with the laws of the Malaysia Government, without reference to conflicts of law rules. If any provision of this Agreement is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the other provisions contained herein will remain in full force and effect. The failure by Tronexus to insist upon or enforce strict performance of any provision of the Agreement shall not be construed as a waiver of any provision or right. This Agreement constitutes the entire agreement between you and Tronexus with respect to the Program.
- All disputes and claims arising out of, or relating to this Agreement, which cannot be settled amicably by negotiation between the parties shall be filed in the proper courts of Malaysia, to the exclusion of all courts and venues. This Agreement shall be interpreted, construed in accordance with, and governed by Malaysia law.