TERMS & CONDITIONS
1. YOUR AGREEMENT WITH CMLINK (M) SDN BHD
1.1 Circumstances in Which It is Not Suitable for You to Use China Mobile Global Data Sim (“GDSim”)
If you have encountered the following issues, it is advisable that you get advice from CMI, its dealers, agents and partners before using our GDSim.
- The GDSim does not support BlackBerry OS
- The GDSim does not support all old mobile devices where they are not 4G enabled, in particular, some old Nokia, Samsung, iPhones brands.
- If you have bought a locked phone (iPhone and especially Samsung brand), where you see
- “PIN to unlock SIM Regional Lock”
- “SIM network PIN blocked. Enter SIM network PUK” or
- “SIM network unlock PIN”
You have to unlock the phone before you can use our GDSim.
- GDSim is not suitable to hotspot to your PC or Notebook
- GDSim is not suitable for those who always download and upload videos and games while travelling
- GDSim is not suitable for those who always use WAZE or Google Locations to get locations while travelling abroad.
- GDSim does not allow you to make normal calls or sms. You can only make mobile app calls.
- User expects to have instance data package after making a payment through our website on iPay88, especially when User is at the airport, overseas, or on the way to his destination country, is not suitable to use our services.
2.1 Payment methods. You can pay by using Bank Online payment, Visa/Master credit card, PayPal, Boost Wallet, iPay88 online payment platform or any other payment methods as approved by CMI from time to time. CMI reserves the rights to remove or change the payment methods.
2.2 When preparing for iPay88 online payment, kindly indicate your estimated date of departure from your country of origin.
2.3 Upon receiving your payment, in particular, through online iPay88, you agree that we will only buy the relevant data package on your behalf within 18 working hours, as follows:
(a) from Mondays to Fridays: at about 11am and 4pm
(b) on Saturdays: at about 11am
(c) Sundays and Public Holidays: no buying of data packages, until the next working day.
2.4 Please note that data package will not be purchased instantly after you have paid the data package money online through iPay88.
2.5 Always remember to add your SIM ICCID # to your CMI member account at the time of buying data package, failing which we may not buy the data package.
2.6 For all new User, when you received our physical SIM, kindly email (to email@example.com) or whatsapp (to 0111-3336333) your 20 digits SIM ICCID# to us asap so that we can assist you to buy data package, without delay.
2.7 We will not accept buying of data packages if the User submits a 20 digits SIM ICCID# which are not in our Master Stock List distributed by CMI or where the User obtains the a similar DGSim from any other dealers, agents or friends worldwide. In such an instance, we reserve our rights to refund or not to refund the money paid by the User without buying any data package for him.
3. REFUND POLICY
3.1 Under no circumstances, all data package purchased, whether used or unused by user, money shall not be refunded.
3.2 User must be very careful when selecting data packages to be purchased. User shall not buy data packages for the countries he does not intend to visit, the countries that China Mobile has no coverage (please refer to the section on Coverage in the website), for the time period he cannot travel, for used in open oceans or high mountains that have no coverage, for the wrong SIM ICCID# and for the mobile devices that are not suitable to use our GDSim (as described in paragraph 1.1), failing which no refunds shall be considered.
3.3 Circumstances Specifically Not Entitled To Refunds
(i) After the data package has been activated and deemed used and after the tour or travel ends, User wants refund giving simple excuses that it is no good to use, no connections, no strong signals, etc.
(ii) User has inserted our GDSim onto devices that are not supported (as described in paragraph 1.1)
(iii) User does not follow our phone settings instructions to activate the GDSim and reluctant to co-operate with CMI to show screenshots of the various phone settings as required by our customer service officers for analysis and assistance provided to solve problems.
(iv) User who has bought our data package but does not want to use it for whatever reasons and instead buy any other foreign data sim package and request for refund.
(v) User who wants to transfer data package already purchased from one GDSim to another GDSim.
(vi) User who has purchased data package for his own GDSim but the simcard has been stolen, misplace, cannot be found or lost.
3.4 CMI will consider refunding the data package cost strictly based on the following, after thorough investgation:
(i) If the roaming telco partner in the country of destination faces network down for more than 1 day as confirmed by China Mobile.
(ii) The GDSim with data package has been spoilt (bend, broken) at the time of acceptance by the User before it has been used, provided, the User has to immediately inform CMI by email (firstname.lastname@example.org) or whatsapp (to 0111-3336333) and returning the spoilt GDSim to CMI office at its own cost, failing which we will not entertain.
(iii) User has accidentally paid the same country and same number of days data package more than once using our payment gateway platform.
(iv) User has requested CMI to cancel an online Order in which he has paid by email (email@example.com) but before CMI has purchased the data package on behalf. If the purchase has been completed before the date and time of the email request for cancellation, CMI shall not refund.
4. Intentionally left blank
5. Intentionally left blank
6. INSERTING GDSIM INTO YOUR MOBILE DEVICE
6.1 At all times, it is advisable to insert our GDSim into your mobile device when you are on the plane about to reach your country of destination.
6.2 WARNING: If you have bought a Multi-Region data package, it is very important that you do not insert our GDSim into your device while you are still in your home country because it can be immediately activated. You should only insert our GDSim into your mobile device when you are on the plane about to reach your country of destination, failing which your data will be activated from your home country and starting to count day by day.
7.1 CMI’s internet communication software applications (“Internet Communications Software”), other ‘CMI branded software applications (collectively the “CMI Software”), including any improvements, modifications, enhancements, fixes, updates, upgrades and future versions thereto (“Updates”) and whether made available for free or for a fee, (collectively the “Software”) is licensed (not sold) to you by CMLINK (M) SDN BHD (“CMI”).
7.2 The features that are made available through the Software are for free (excluding products or features available for free on a trial basis only) (“Free Products”) are provided to you by CMI.
7.3 Any additional products or features of the CMI Software or other “CMI” branded products, that you pay for (“Paid For Products”) are provided to you by CMI.
7.4 CMI’s websites and related APPs (“CMI.Travel Website”) are operated by CMI.
7.5 Definition: “CMI and/or CMI.Travel” is the brand that CMI used to expand its global communication network and international business. “CMI Global Data SIM” is the international data roaming service introduced by CMI to outbound customers. “Products” means collectively the Free Products and Paid For Products;“ you” or “your” means you, the registered holder of the User Account (as described in paragraph 12.1) and licensee under these Terms.
8 ACCEPTANCE OF THE TERMS
8.1 In order to download, use the Software, Products, CMI.Travel Website and/or to make a purchase through our online payment platform, you must first accept these Terms. These Terms are accepted by you
(a) when you click to accept or agree the Terms; or
(b) when you download and/or use the Software, Products and/or CMI.Travel Website. We advise you to print a copy of these Terms for your records. These Terms remain effective from the date of acceptance until terminated by you or CMI in accordance with paragraph 16.
8.2 You cannot accept these Terms if:
(a) you are not lawfully entitled to use the Software, Products and/or CMI.Travel Website in the country in which you are located or resident or
(b) if you are not of legal age to form a adding agreement with CMI.
8.3 In some countries/territories the Products may be provided to you by CMI‘s local partner. Under such circumstance, that local partner may ask you to accept its own terms of service (“local terms”). If there is any inconsistency between those local terms and these Terms, then the local terms shall govern to the extent of that inconsistency.
9 CHANGES TO THE TERMS
10.1 Licence. Subject to your compliance with these Terms, you are granted a limited, non-exclusive, non-sub licensable, non-assignable, free of charge license to download and install the Software on a personal computer, mobile phone or other device; and personally use the Software through your individual CMI.Travel. For the avoidance of doubt,
(a) IT administrators working on behalf of a company may download and install the CMI Software onto personal computers or other devices used by personnel of such company; and
(b) you are permitted to use the Software at a university or other educational institution, or at work. CMI reserves all rights not expressly granted to you under these Terms.
10.2 Restrictions. You may not and you agree not to.
(a) sub-license, sell, assign, rent, lease, export, import, distribute or transfer or otherwise grant rights to any third party in the Software;
(b) undertake, cause, permit or authorize the modification, creation of derivative works or improvements, translation, reverse engineering, decompiling, disassembling, decryption, emulation, hacking, discovery or attempted discovery of the source code or protocols of the Software or any part or features thereof (except to the extent permitted by law);
(c) remove, obscure or alter any copyright notices or other proprietary notices included in the Software;
(d) use the Software or cause the Software (or any part of it) to be used within or to provide commercial products or services to third parties. The foregoing shall not preclude you using the Software for your own business communications, subject to paragraph 10.1 above;
(e) other than for the purposes of download and installation, use the Software except through your User Account.
10.3 Third Party Technology. If you are using Software pre-loaded on, embedded in, combined, distributed or used with or downloaded onto third party products, hardware, software applications, programs or devices (“Third Party Technology”), you agree and acknowledge that:
(a) you may be required to enter into a separate license agreement with the relevant third party owner or licensor for the use of such Third Party Technology;
(b) some Products and/or functionality may not be accessible through the Third Party Technology and
(c) CMI cannot guarantee that the Software shall always be available on or in connection with such Third Party Technology.
11. USE OF THE SOFTWARE AND PRODUCTS AND CMI.TRAVEL WEBSITES
11.1 Equipment. In order to use the Software and the Products you will need an Internet broadband connection. You are responsible for providing all equipment required to access the Internet or enable communications such as headsets, microphones and webcams.
11.2 Use of Your Equipment. The Internet Communications Software may use the processing capabilities, memory and bandwidth of the computer (or other applicable device) you are using, for the limited purpose of facilitating the communication and establishing the connection between Internet Communications Software users. If your use of the Internet Communications Software is dependent upon the use of a processor and bandwidth owned or controlled by a third party, you acknowledge and agree that your license to use the Internet Communications Software is subject to you obtaining consent from the relevant third party for such use. You represent and warrant that by accepting these Terms, you have obtained such consent.
11.3 Updates to the Software. It may automatically check your version of the CMI.Travel Software. You may be required to enter into an updated version of these Terms to be able to download or otherwise take advantage of any Updates. CMI has no obligation to make available any Updates. However, CMI.Travel may require you to download and install Updates. These updates are required to maintain software compatibility, provide security updates or bug fixes, or offer new features, functionality or versions. You agree to receive such updates from CMI.Travel in order to continue using the CMI.Travel Software and you agree to accept such Updates subject to these Terms.
11.4 Suspension, technical improvement and maintenance. From time to time, CMI may need to perform maintenance on or upgrade the Software, Products or CMI.Travel Website or the underlying infrastructure that enables you to use the Software, Products or CMI.Travel Website. This may require CMI to temporarily suspend or limit your use of some or all of the Software, Products or CMI.Travel Website until such time as this maintenance and/or upgrade can be completed. You will not be entitled to claim damages for such suspension or limitation of the use of any Software, Product or CMI.Travel Website.
11.5 Notice and Take-Down. If CMI receives any notification that any material that you post, upload, edit, host, share and/or publish on the CMI.Travel Website or through the Software (excluding your private communications) (“User Submission”) is inappropriate, infringes any rights of any third party, or if CMI wishes to remove your User Submission for any reason whatsoever, CMI reserves the right to automatically remove such User Submission for any reason immediately or within such other timescales as may be decided from time to time by CMI in its sole discretion. The User Submission shall be taken down without any admission as to liability and without prejudice to any rights, remedies or defenses, all of which are expressly reserved. You acknowledge and agree that CMI is under no obligation to put back such User Submission at any time. If User Submissions infringe, or if you believe that User Submissions infringe any of your rights (including intellectual property rights) or are unlawful, please contact us immediately. CMI reserves the right to ask for verification of your identity and to seek further information to verify your complaint. You agree that you are solely responsible for the consequences resulting from your complaint (including but not limited to removal or blocking of the User Submission) and you acknowledge and agree that any complaint may be used in court proceedings. Any false, misleading or inaccurate information provided by you may result in civil and criminal liability.
11.6 Quality. CMI cannot guarantee that the Software, Products or CMI.Travel Website will always function without disruptions, delay or errors. A number of factors may impact the quality of your communications and use of the Software, Products (depending on the Products used) or CMI.Travel Website, and may result in the failure of your communications including but not limited to: your local network, firewall, your internet service provider, the public internet, the public switched telephone network and your power supply. CMI takes no responsibility for any disruption, interruption or delay caused by any failure of or inadequacy in any of these items or any other items over which we have no control.
11.7 Changes to Products. CMI's constantly improving the Software and Products and may also need to change technical features from time to time in order to comply with applicable regulations. Accordingly, you acknowledge and agree that the Products and functionality of the Software may vary from time to time. Technical requirements for use of Products and Software and feature descriptions are available on the CMI.Travel Website. If you do not agree with any changes to Software and Products you may terminate your relationship with CMI accordance with paragraph 11. You may need to upgrade to a new version in order to enjoy the benefit of certain Products. In addition, you acknowledge and agree that certain Products may be subject to usage limits or geographical restrictions, which may vary from time to time. Please check the CMI.Travel Website for details of the most up-to-date usage restrictions that apply to the Products that you are using.
11.8 Unsolicited Ideas. CMI does not consider or accept unsolicited proposals or ideas, including without limitation ideas for new products, technologies, promotions, product names, product feedback and product improvements (“Unsolicited Feedback”). If you send any Unsolicited Feedback to CMI through the CMI.Travel Website or otherwise, you acknowledge and agree that CMI shall not be under any obligation of confidentiality with respect to the Unsolicited Feedback.
11.9 Reports. Certain parts of the CMI.Travel Website or the Software may ask for written suggestions or problem reports such as using our contact form or problem report form (“Reports”). Please read carefully any specific terms, which govern those Reports. The Reports shall be deemed the property of CMI. CMI shall exclusively own all now known or hereafter existing rights to the Reports throughout the universe in perpetuity and shall be entitled to use the Reports for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Reports. Any Reports you send to CMI will not be treated as confidential and CMI shall not be liable for any disclosure of the Reports.
11.10 Linking. You may link to the CMI.Travel Website from another website owned by you, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement by CMI where none exists. You may not frame the Site on any other site.
12. YOUR OBLIGATIONS
12.1 User Account. Prior to your first use of the CMI Software, you will be asked to create a User Account by inputting your name, mobile number, email address, correspondence address and password. We recommend that you choose a password that is hard to guess and consists of letters, numbers and symbols. You may only use the Software through your User Account. You are solely responsible and liable for all activities conducted through your User Account. To prevent unauthorized use, you shall keep your password confidential and shall not share it with any third party or use it to access third party websites or services. If you suspect that someone else knows your password, then you shall immediately change it in order to protect the security of your User Account. It is your responsibility to ensure that you do not respond to any unsolicited requests for credit card details, passwords or other data. CMI takes no responsibility for your failure to comply with the obligations in this paragraph 12.1.
12.2 Lawful Use. You must use the Software, Products and CMI.Travel Website in accordance with the laws of where you are located. In some countries there are restrictions on the download and use of the Software, Products and/or CMI.Travel Website. It is your responsibility to ensure that you are legally allowed to use the Software, Products and/or CMI.Travel Website where you are located.
12.3 Prohibited Use. You may not:
(a) intercept or monitor, damage or modify any communication which is not intended for you;
(b) use any type of spider, virus, worm, trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage, emulate or disassemble the Software, Products, CMI.Travel Website, communication or protocols;
(c) send unsolicited communications (also referred to as ‘SPAM’, ‘SPIM’ or ‘SPIT’) or any communication not permitted by applicable law or use the Software, Products or CMI.Travel Website for the purposes of phishing or pharming or impersonating or misrepresenting affiliation with another person or entity;
(d) expose any third party to material which is offensive, harmful to minors, indecent or otherwise objectionable in any way;
(e) use the Software, Products or CMI.Travel Website to cause or intend to cause embarrassment or distress to, or to threaten, harass or invade the privacy of, any third party; or
(f) use any material or content that is subject to any third party proprietary rights, unless you have a license or permission from the owner of such rights; or
(g) collect or harvest any personally identifiable information, including account names, from the Software, Products or CMI.Travel Website;
(h) impact or attempt to impact the availability of the Software, Products or CMI.Travel Website for example, with a denial of service (DOS) or distributed denial of service (DDoS) attack;
(i) use or launch any automated system, including without limitation, robots, spiders or offline readers that access the Software, Products or CMI.Travel Website. Notwithstanding the foregoing, you agree that CMI grants to the operators of public search engines permission to use spiders to copy materials from the CMI.Travel Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. CMI reserves the right to revoke these exceptions at any time.
12.4 User Submissions. Please exercise respect when participating in any features of the CMI.Travel Website or Software such as forums, blogs, email functions, video hosting, sharing and/or publishing or any other function on the CMI.Travel Website or of the CMI Software which allows you to post, upload, edit, host, share and/or publish content. You acknowledge and agree that:
(i) by using the CMI.Travel Website and/or Software you may be exposed to content that you may find offensive or indecent and you do so at your own risk;
(ii) you are solely responsible for, and CMI has no responsibility to you or any third party for any User Submissions that you create, submit, post or publish on the CMI.Travel Website or through the Software;
(iii) CMI does not guarantee any confidentiality with respect to User Submissions, whether or not they are published
(iv) CMI is not responsible for any User Submissions that you may have access to through your use of the CMI.Travel Website or Software and all User Submissions are the responsibility of the person from whom such User Submissions originated. CMI does not endorse any User Submissions or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with User Submissions.
In connection with your User Submissions, you represent and warrant that you
(a) own or have the necessary licenses, rights, consents, and permissions to use and authorize CMI to use all copyrights, trademarks, trade secrets, patents and other intellectual property or proprietary rights in and to any and all User Submissions in accordance with these Terms; and
(b) you have the written consent, release and /or permission of each and every identifiable individual person in the User Submission to use the name and/or likeness of each and every such individual in the User Submission, to enable inclusion and use thereof in the manner contemplated by these Terms. You shall not copy, post or use text, photos, pictures, music, sounds, images or any other content from any third party or source (“Third Party Content”) without specific permission from the owner. Such Third Party Content may be protected by intellectual property laws and the owners of the intellectual property rights in such content may object to its use. You must not use any Third Party Content without first obtaining the permission of the owner of the intellectual property rights in such content.
You may not submit or publish through the CMI.Travel Website or Software any User Submissions that are libellous, defamatory, pornographic, harassing, hateful, an invasion of privacy, obscene, abusive, illegal, racist, offensive, harmful to a minor or an infringement of any intellectual property rights or a trade secret of a third party, or would otherwise violate the rights of any third party or give rise to civil or criminal liability. Furthermore, you may not submit or publish User Submissions that contain falsehoods or misrepresentations, solicit funds or services, contain advertising, promotional materials, junk mail, spam, chain letters or any form of solicitation, impersonate others or include programs that contain viruses or any other programs designed to impair the functionality of any computer. You agree not to solicit, for commercial purposes, any users of the CMI.Travel Website or Software with respect to their User Submissions. You agree not to circumvent, disable or otherwise interfere with the security related features of the CMI.Travel Website or Software or features that prevent or restrict the use of any content thereof.
12.5 Your Information. From time to time, CMI may request information from you for the purpose of supplying the Software or Products to you. You shall ensure that any such information is complete, up-to-date and accurate. Some of the information shall include: Name, Email, Mobile Number, Address and GDSim ICCID Number.
12.6 No Reselling. The Software and Products are for your individual use. You shall not resell or commercialise the Software and/or Products to any third party.
12.7 Export Restrictions. The Software may be subject to international rules that govern the export of software. You shall comply with all applicable laws that apply to the Software as well as end-user, end-use, destination restrictions issued by governments or similar bodies, and restrictions on embargoed country. CMI is making the Software available to you for download only on the condition that you certify that you are not such a person or entity and that the download is not otherwise in violation of any relevant export control and sanctions regulations.
13 PROPRIETARY RIGHTS
13.1 The Software, Products and CMI.Travel Website contain proprietary and confidential information that is protected by intellectual property laws and treaties.
13.2 The content and compilation of content included on the CMI.Travel Website, (excluding User Submissions) such as sounds, text, graphics, logos, icons, images, audio clips, digital downloads and software, are the property of CMI, its affiliates or licensors and are protected by the applicable copyright laws. Such copyright protected content cannot be reproduced without CMI’s express permission. CMI reserves all rights not expressly granted in the CMI.Travel Website.
13.3 CMI and/or its licensors retain exclusive ownership of the Software, Products and CMI.Travel Website and all intellectual property therein (whether or not registered and anywhere in the world). You will not take any action to jeopardize, limit or interfere with CMI’s intellectual property rights in the Software, Products and/or CMI.Travel Website.
13.4 “CMI.Travel”, associated trademarks and logos are trademarks of CMI. CMI has been registering and filing applications to register its trademarks in many countries worldwide. CMI.Travel’s trademarks and trade dress may not be used in connection with any product or service that is not CMI’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits CMI. All other trademarks not owned by CMI or any of its related companies that appear on this site are the property of their respective owners. You are not permitted to and shall not register or use any trade name, trademark, logo, domain name or any other name or sign that incorporates any of CMI’s intellectual property (in whole or part) or that is confusingly similar thereto.
14.1 Charges for other Paid For Products. The charges for other Paid For Products will be confirmed to you before you complete a purchase from CMI. CMI may change the charges payable for the purchase of such Products at any time without any notice to you. The new charges will apply to your next purchase after the new charges have been published.
14.2 Promotional Offers. From time to time, CMI may offer Paid-For Products for free for a trial period. CMI reserves the right to charge you for such Products (at the normal rate) in the event that CMI determines (in its reasonable discretion) that you are abusing the terms of the offer, including if you are using any service, proxy or other devices or anonymous IP address that prevents us from locating you.
14.3 Tax. CMI reserves the right to apply value-added tax, sales and service tax, digital tax or any other taxes at the appropriate rate as per applicable tax rules by the relevant authorities at the time of purchase.
14.4 Third Party Charges. Using the Software on mobile applications will use some of the data allowance available on the data package to which you have subscribed with your mobile network operator. Out-of-country usage may lead to significantly higher costs than regular usage, and you are solely responsible for keeping yourself informed and paying for possible roaming and other applicable charges levied by your mobile network operator.
15 ENDING YOUR RELATIONSHIP WITH CMI
15.1 You may terminate your relationship with CMI at any time and without recourse to the courts by requesting closure of your User Account, ceasing to use the Software, Products and/or CMI.Travel Website and cancelling any recurring payments.
15.2 CMI may terminate its relationship with you, or may terminate or suspend your use of the Software, User Account(s), Products or CMI.Travel Website at any time and without recourse to the courts:
(a) if you are in breach of these Terms;
(b) if CMI reasonably suspects that you are using the Software, the Products and/or CMI.Travel Website to break the law or infringe third party rights;
(c) if CMI reasonably suspects that you are trying to unfairly exploit or misuse the refund policy, or any of our policies.
(d) if CMI reasonably suspects that you are using our Products, Software and/or CMI.Travel Website fraudulently or that your User Account is being used by a third party fraudulently;
(e) in respect of a particular Product, on thirty (30) days' notice if CMI decides to cease offering that Product;
(f) immediately, if required due to a change in laws/regulation by a regulator or authority with a lawful mandate, or by any of CMI’s partners;
(g) on thirty (30) days' notice if CMI decides to cease offering the Software to users in your jurisdiction generally.
15.3 CMI shall effect such termination by preventing your access to your User Account, the Software, Products and/or CMI.Travel Website (as applicable). We reserve the right to cancel User Accounts that have been inactive for more than one (1) year.
15.4 Consequences of Termination. Upon termination of your relationship with CMI: (a) all licenses and rights to use the Software, Products and/or CMI.Travel Website shall immediately terminate; (b) you will immediately cease any and all use of the Software, Products and/or CMI.Travel Website; and (c) you will immediately remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control.
16 EXCLUSION OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY
16.1 For the purposes of this paragraph 16, "CMI" includes its subsidiary companies and affiliated legal entities and all their directors, officers, agents, licensors and employees.
16.2 No Warranties. To the maximum extent permitted by law: the Software, Products and CMI.Travel Website are provided "as is" and used at your sole risk with no warranties whatsoever; CMI does not make any warranties, claims or representations and expressly disclaims all such warranties of any kind, whether express, implied or statutory, with respect to the Software, Products and/or CMI.Travel Website including, without limitation, warranties or conditions of quality performance, non-infringement, merchantability, or fitness for use for a particular purpose. CMI further does not represent or warrant that the Software, Products and/or CMI.Travel Website will always be available, accessible, uninterrupted, timely, secure, accurate, complete and error-free or will operate without packet loss, nor does CMI warrant any connection to or transmission from the Internet, or any quality of calls made through the Software.
16.3 Nothing in this these Terms shall exclude or restrict CMI's liability for
(a) death or personal injury,
(b) loss resulting from CMI's wilful default or gross negligence,
(c) fraud or deliberate misrepresentation, or
(d) any liability which cannot be limited or excluded by applicable law.
16.4 No Liability. You acknowledge and agree that CMI will have no liability whatsoever, whether in contract, tort (including negligence) or any other theory of liability, and whether or not the possibility of such damages or losses has been notified to CMI, in connection with or arising from your use of CMI.Travel Website, or the Internet Communications Software or other Software that is provided free of charge. Your only right or remedy with respect to any problems or dissatisfaction with such Software and/or CMI.Travel Website is to immediately uninstall such Software and cease use of such Software and/or CMI.Travel Website.
16.5 Limitation of Liability. Subject to paragraphs 16.3 and 16.4 above, CMI shall not be liable to you, whether in contract, tort (including negligence) or any other theory of liability, and whether or not the possibility of such damages or losses has been notified to CMI, for:
(a) any indirect, special, incidental or consequential damages; or
(b) any loss of income, business, actual or anticipated profits, opportunity, goodwill or reputation (whether direct or indirect); or
(c) any damage to or corruption of data (whether direct or indirect);
(d) any claim, damage or loss (whether direct or indirect ) arising from or relating to:
1. your inability to use the Software to contact Emergency Services;
2. your failure to make additional arrangements to access Emergency Services in accordance with paragraph 11.5 above;
3. the service limitations set out in paragraph 11.6;
4. your failure to provide accurate physical location information to an Emergency Services operative; or
5. conduct of third party Emergency Services operatives and calling centres to which you may be connected.
(e) any claim, damage or loss (whether direct or indirect) arising from or relating to:
1. any product or service provided by a third party under their own terms of service;
2. any Third Party Technology;
3. any third party website.
16.6 Subject to paragraphs 16.3, 16.4 and 16.5 above, CMI’s total liability to you under or in connection with these Terms (whether in contract, tort (including negligence) or any other theory of liability)) shall not exceed in aggregate the amount paid by you for the Products in the twelve(12)-month period immediately prior to the date of the event giving rise to the relevant claim, subject to a maximum of three thousand Malaysian Ringgit (MYR3,000) in all cases.
16.7 If any third party brings a claim against CMI in connection with, or arising out of
(a) your breach of these Terms;
(b) your breach of any applicable law of regulation;
(c) your infringement or violation of the rights of any third parties (including intellectual property rights);
(d) your User Submissions or
(e) your compliant in relation to any User Submission, you will indemnify and hold CMI harmless from and against all damages, liability, loss, costs and expenses (including reasonable legal fees and costs) related to such claim.
17. YOUR CONFIDENTIAL INFORMATION AND YOUR PRIVACY
18. HOW TO CONTACT CMI
To contact CMI in relation to the CMI Software or “CMI” branded Products, please submit a support request on CMI.Travel Website.
19.1 You agree to the use of electronic communication in order to enter into contracts, place orders, and create other records and to the electronic delivery of notices, policies and changes thereto and records of transactions with CMI.
19.2 Your correspondences with CMI is govern by all Terms in English.
19.3 These Terms constitute the entire agreement between you and CMI with respect to your use of the Software, Products and/or CMI.Travel Website and replace any prior agreements between you and CMI with respect to the Software, Products and/or CMI.Travel Website.
19.4 If any provision of these Terms (or part of it), is found by any court or administrative body of competent jurisdiction to be illegal, invalid or unenforceable, then such provision (or part of it) shall be removed from the Terms without affecting the legality, validity or enforceability of the remainder of the Terms.
19.5 The failure by CMI to exercise, or delay in exercising, a legal right or remedy provided by these Terms or by law shall not constitute a waiver of CMI’s right or remedy. If CMI waives a breach of these Terms, this shall not operate as a waiver of a subsequent breach of the Terms.
19.6 You may not assign these Terms or any rights or obligations contained in them. CMI may, without prior notice, assign these Terms or any rights or obligations contained in them to any third party.
19.7 This paragraph 19, along with paragraphs 10.2, 17 and any other provisions, which are expressed or clearly intended to survive or operate in the event of termination, shall survive termination of the Terms.
19.8 You acknowledge and agree that if CMI is unable to provide the Software, Products and/or CMI.Travel Website as a result of a force majeure event, CMI will not be in breach of any of its obligations towards you under these Terms. A force majeure event means any event beyond the control of CMI.
19.9 These Terms shall be governed by and interpreted in accordance with the laws of Malaysia and shall be subject to the exclusive jurisdiction of the courts of Kuala Lumpur, Malaysia.
19.10 Actual data transmission speed may vary due to many factors, including but not limited to: network traffic conditions, handset models, handset settings (both hardware and software), uploaded/downloaded content and other external factors, etc.
19.11 Calculation of data usage duration and volume is based on the network report of CMI. In case of dispute, the records of CMI are conclusive and adding.
YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN.
AFTER READING THE ABOVE TERMS AND CONDITIONS AND IF YOU STILL WANT TO CONTINUE TO BUY AND USE OUR SERVICES, IT IS DEEMED THAT YOU HAVE EXPRESSLY AGREE AND CONSENT TO BE BOUND BY ALL THE ABOVE TERMS AND CONDITIONS AS STATED.
© CMLINK (M) SDN BHD – Last revised: January, 2020