DEFINITION OF M3BLAST
M3 Blast website means the website located at http://www.m3blast.com
including any page, part or element thereof, as owned and operated
by M3Tech.
M3Tech means M3 Technologies (Asia) Bhd, registration number
482772-D , a company incorporated in Malaysia with its principal
office located at Unit 707, Block A, Pusat Dagangan Phileo 2,
Jalan 16/11, 46350 Petaling Jaya.
1.
THE SERVICE
The Service consists of a browser interface, message application,
SMS gateway access, data access and data storage. The User is
responsible for obtaining and maintaining all computer hardware,
software and communications equipment needed to access the Service.
These costs will be displayed during the registration process.
All fees are payable upfront, prior to credits being activated.
M3Tech makes no guarantees as to the continuous availability
of the service or any specific feature(s) of the service. M3Tech
reserves the right to change or terminate the service and/ or
alter the terms and conditions of this Agreement at any time
with on 14 days notice. All fees paid to M3Tech when such termination
occurs are addressed in the sections below.
Messages shall be deemed to have been delivered when M3Tech
has delivered/sent the messages to the immediate destination
that M3Tech 's software is programmed to do, including SMTP
servers, Mobile telephone networks, or any other intermediary
server or API that is deemed to be the point of dispatch of
the message. M3Tech does not guarantee delivery on behalf of
Mobile telephone networks.
M3Tech lays no claims to its network coverage. Although focuses
on providing extensive coverage aggregation services, mobile
networks may choose from time to time to not be part of M3Tech
or its service providers' networks. This may result in messages
not being delivered.
The service is offering a three (3) various package.
Basic, Business and Corporate Package with 1 year duration.
Details as below:
Basic Package: RM120.00, 1,000 SMS, 2 IDs
Business Package: RM550.00, 5,000 SMS, 5 IDs
Corporate Package: RM2,000.00, 20,000 SMS, 10 IDs
Account shall expired within the durations above. Should customer keen to continue use the account, user shall activate the account by top up for any packages.
M3Blast giving out a free twenty (20) SMS for every trial account. User will need to register for this Trial account for using the service. User will be provided with twenty (20) SMS credits, a set of Login ID and Password as per user wishes in enjoying the features of service functions. Expiry of free trial account is seven (7) days upon account activation.
2. MEMBER ACCOUNT, PASSWORD, AND SECURITY
To open an account for usage of the service, the user must complete
the registration process by providing M3 Blast with current,
complete and accurate information as prompted by the registration
details. Inaccurate details will result in suspension. The user
will also choose a password and an account name will be assigned.
The user is entirely responsible for maintaining confidentiality
with regard to its password and account information. Furthermore,
the user is entirely responsible for any and all activities
that occur under its account. M3Tech will not be held liable
to any third party claims and/or actions taken with respect
to services offered.
The user agrees to notify M3Tech immediately of any unauthorized
use of its account or any other breach of security.
3. MEMBER PRIVACY
It is M3Tech's policy to respect the privacy of the user. M3Tech
will not monitor, edit, or disclose any personal information
about the user or the user's M3Tech account, including its contents,
without the user's prior permission unless M3Tech has a good
faith belief that such action is necessary to:
| (1) |
Conform to legal requirements or comply
with legal process; |
| (2) |
Protect and defend the rights or property of M3Tech; |
| (3) |
Enforce this Service Agreement or protect M3Tech’s
business or reputation, including without limitation upon
termination, cancellation or suspension of this Agreement
by M3Tech; |
| (4) |
Respond to request for identification in connection
with claim of copyright or trademark infringement by the
User, or a claim by a third party that the user is using
the service in connection with an infringing, illegal
or improper activity; |
| (5) |
Act to protect the interests of the user or others.
M3Tech’s service transmits the bulk ID number i.e.
66600 as a sender ID with each message that the end-user
sends.
The user agrees that M3Tech may access its account, including
its contents, as stated above or to respond to service
or technical issues. |
THE USER HEREBY GRANTS M3TECH THE RIGHT TO SEND THE USER COMMUNICATION
VIA E-MAIL OF ANY UPDATES, UPGRADES, NOTICES, OR OTHER INFORMATION
THAT M3TECH DEEMS IMPORTANT FOR THE USER TO KNOW, RELATING TO
THE SERVICE.
4. MESSAGE AND OTHER LIMITATIONS
M3Tech assumes no responsibility for the deletion or failure
to store information. M3Tech has set no limit on the number
of messages the user may send through the service apart from
how many units are left in the user's account; however, M3Tech
reserves the right, at its sole discretion, to determine whether
or not the user's conduct is consistent with the letter and
spirit of the Service Agreement and may terminate the service
if the user's conduct is found to be inconsistent with the
Agreement. Please see point 6 below for more information on
procedure at termination of the service. M3Tech may, in the
future, with prior notification, limit the amount of storage
space available to each Member.
Although M3Tech prides itself on speedy delivery of messages,
messages may be delivered late due to queuing or network traffic.
This will still result in the message being seen as "delivered".
5. MEMBER CONDUCT
Any unauthorized commercial use of the service, is expressly
prohibited. The user agrees to abide by all applicable local,
national and international laws and regulations and is solely
responsible for all acts or omissions that occur under its account
or password, including the content of any transmissions through
the service. By way of example, and not as a limitation, the
user agrees not to:
| i. |
Use the service in connection with junk
SMS messages, spamming or any unsolicited messages (commercial
or otherwise);
|
| ii. |
Harvest or otherwise collect information about others,
including email addresses, without their consent; |
| iii. |
Transmit through the service, associate with the service
or publishing with the service unlawful, harassing, libelous,
abusive, threatening, harmful, vulgar, obscene or otherwise
objectionable material of any kind or nature; |
| iv. |
Transmit any material that may infringe the intellectual
property rights or other rights of third parties, including
trademark, copyright or right of publicity; |
| v. |
Libel, defame or slander any person, or infringe upon
any person's privacy rights; |
| vi. |
Transmit any material that contains viruses, trojan
horses, worms, time bombs or any other harmful or deleterious
programs; |
| vii. |
Interfere with or disrupt networks connected to the
service or violate the regulations, policies or procedures
of such networks; |
| viii. |
Attempt to gain unauthorized access to the service,
other accounts, computer systems or networks connected
to the service, through password mining or any other means;
|
| ix. |
Interfere with another user's use and enjoyment of
the service or another entity's use and enjoyment of similar
services; or |
| x. |
Engage in any other activity that M3Tech believes could
subject it to criminal liability or civil penalty or judgment.
|
6. FEES, PAYMENT AND YOUR RIGHT TO CANCEL
Fees.
In consideration for the use of M3 Blast’s services,
the user shall pay to M3Tech a transaction (as appropriate)
for messages delivered or partially delivered using any
available delivery method, at the applicable rate then in
effect.
All fees are payable upfront. Failure to purchase credits
upfront will result in suspension of the services. Upfront
payment refers to a payment that is made within a reasonable
time so as to allow M3Tech to add the SMS credits to the
user's account in fourty-eight (48) hours normal working
days.
Payment.
Transaction fees are due and payable at the time of or before
M3Tech delivers a message to the user's recipients, via
every method of delivery based upon the packages selected
by M3Tech. Payment shall be deemed to have been made as
soon as the fee is available in M3Tech’s bank account.
Credit Card Payment.
If the User has selected to pay for the service by credit
card (online), and M3Tech does not receive payment from
the credit card issuer, the user agrees to pay all amounts
due, immediately upon demand by M3Tech. All amounts are
pre-paid and the user agrees to payment and the Terms and
Conditions of such payment, when such payment is made. M3Tech
reserves the right to come to other payment arrangements
on a case-by-case basis. (Agreements with the credit card
issuer govern use of the user's credit card, and the user
must refer to that agreement to ascertain its rights and
liabilities as a cardholder.) The user is charged in Ringgit
Malaysia. The final purchase amount is the amount reflected
on the Credit Card holder's statement.
Termination or Cancellation by the User.
The User is free to terminate or cancel this Agreement at
any time, and for any reason; provided, however, for such
termination or cancellation to be effective, the user must
carry out such termination in accordance with the policies
and procedures established by M3Tech, which will be posted
in the Billing Information section or similar location within
the M3Tech web site. Any questions concerning the appropriate
method by which to cancel this Agreement should be addressed
to sales@m3tech.com.my.
Should there be a cost increase AFTER the User has purchased
message units from M3Tech; M3Tech will give the user 14
days' notice of such an increase, which will be applicable
to such credits that are still in the user's message unit
account. Within this notification period the user may decide
to continue with the service and the said increase, or to
suspend the service upon which M3Tech will ref und the user
to the value of any message unit credits that may be left
over in the user's account.
The user acknowledges that M3Tech is dependant on various
telecommunications networks and institutions for the delivery
of its messages and that M3Tech may adjust its prices and
offering, should the prices be adjusted due to reasons which
are not in M3Tech’s control. M3Tech undertakes to
notify the User of such adjustments in writing, prior to
implementing such adjustments. Should the User's account
not have any credits left, the said account will automatically
expire. The account will be re-activated upon payment for
new message units. Any message units purchased must be used
up within 120 days from the date on which it had been purchased.
M3Tech may extend this period on a case-by-case basis at
its sole discretion.
Refunds for SMS message credits.
The user can request a refund of amount paid to M3Tech within
7 days of making any purchase of SMS message credits from
M3Tech, provided that there are enough credits in the user's
account to be subtracted by M3Tech, i.e. all messages sent
will be subtracted from the user's account. Further to that
the user will receive back the amount which fits in with
the corresponding volume-option - i.e. on the cost-scale
equivalent to the amount of message units sent. There is
a 10% charge on all refunds.
Refunds for branding fees, licenses, monthly administration
fees, and any other fee that the User pays to M3Tech, which
excludes all SMS message credit fees: no refunds will be
made for any fees which are not related to SMS message credits.
7. MODIFICATION OF TERMINATION AND SUSPENSION
Termination And Suspension by M3Tech.
This Agreement and the license granted here under may be
terminated, canceled and/or suspended by M3Tech at any time
if, in M3Tech's sole discretion, the user breaches these
Terms of Service. Such termination, cancellation and/or
suspension by M3Tech shall be effective immediately upon
notification by M3Tech to the user in any reasonable manner,
including but not limited to, notification by e-mail. Upon,
during, and/or after any such breach, M3Tech may elect to
suspend, terminate and/or cancel this Agreement and/or recover
any and all damages from the user arising from or relating
to the event(s) giving rise to the suspension, termination
or cancellation. M3Tech reserves the right to suspend the
user's service at any stage for any reason it may deem necessary
to continue to provide any of its services in a way that
may be hindered by the user's status as being a M3Tech Client,
financial status of the user or the content of the messages
originating from the user.
In the event that M3Tech receives complaints from recipients
or third parties with respect to the use of the service,
M3Tech additionally reserves the right, in its sole discretion,
to disclose any and all information to the recipient, applicable
authorities or any other party with regard to its clients
and application Users.
Termination or Cancellation by the User.
The User is free to terminate or cancel this Agreement at
any time.
Obligations Upon Termination and/or Cancellation.
Upon any termination, cancellation and/or suspension of
this Service Agreement, the user is responsible for any
obligations then accrued including, but not limited to,
payment of any costs or charges that may arise in connection
with such termination, cancellation and/or suspension, and
payment of all outstanding transaction fees for use prior
to said termination, cancellation and/or suspension occurs.
Payment and other obligations under this Service Agreement
are not suspended, stayed, or otherwise affected by a suspension
of access to/or use of M3Tech (in whole or in part) where
said suspension arises from the User's failure to comply
with, or violation of, the terms of this Service Agreement
or of any law or legal obligation. Upon termination and/or
cancellation, for any reason, the User agrees to immediately
cease using M3Tech and remove all M3Tech software and applications
on any computer, database, server (local or remote) in your
possession or under its control. M3Tech shall have no obligation
to the User after any termination or cancellation of this
Service Agreement.
Obligations of M3Tech upon Termination and/or Cancellation.
The suspension or expiry or termination of this T&C
for any reason, shall not release M3TECH or the Client from
any liability which at the time of such suspension or expiry
or termination has already accrued to the other Party or
which thereafter may accrue in respect of any act or omission
by M3TECH or the Client prior to such suspension or expiry
or termination.
8. WARRANTIES
The Client represents and warrants to M3TECH that:-
| i. |
it has the power and authority to enter
into this T&C and to perform fully its obligations
hereunder; |
| ii. |
it is under no contractual or other legal obligation
which shall in any way interfere with its full, prompt
and complete performance hereunder; |
| iii. |
it has all the necessary rights to distribute, display,
promote and provide the Client’s Services; |
| iv. |
the Client’s Services does not and will not
infringe any intellectual property rights of any third
party and does not and will not constitute a defamation
or invasion of the rights of privacy or publicity of
any third party; and |
| v. |
it has all the necessary consents, licenses and approvals
from the relevant regulatory authorities bodies and
organizations which supervises any of the Client’s
Services and the distribution of such Client’s
Services. |
The M3TECH represents and warrants to Client as follows:- |
| i. |
it is an entity duly organised and validly existing
under the laws of Malaysia and has the power and authority
to execute and perform the terms of this T&C. |
| ii. |
this T&C constitute legal, valid and binding obligations
of M3TECH and that the execute, delivery and performance
of this T&C by M3TECH will not violate the provisions
of any laws or regulations or any order of any governmental
authority, agency or court to which M3TECH is subject
to; |
| iii. |
that is has financial, technical and all other necessary
and appropriate skills and experience to undertake to
provide the M3TECH Services; |
| iv. |
that it shall exercise due care and diligence in performance
of its duties and obligation under this T&C; and |
| v. |
all information supplied by M3TECH in relation or
pursuant to this T&C is true and correct. |
9. INDEMNIFICATION
The Client shall indemnify and hold harmless M3TECH, from
and against any and all costs, claims, demands, actions, proceedings,
damage, liability, loss or expense arising from any negligent
act or omission of the Client. M3TECH shall indemnify and
keep Client fully indemnified on demand against any claims,
losses, damages, expenses incurred, loss of or damage to or
injury to caused by any negligent act or omission or breach
of this T&C by M3TECH and/or its employees or by any
defect in services rendered pursuant to this T&C.
10. MISCELLANEOUS
This T&C including any schedules or appendices attached
to this T&C are incorporated in this T&C and embodies
the entire T&C between M3TECH and the Client relating
to the subject matter hereof. There are no promises, terms,
conditions or obligations, whether oral or written expressed
or implied other than those expressly provided in this T&C
or in subsequent variations agreed in writing by the Parties.
In the event of conflict between this T&C and any the
Clients or appendices, the terms of this T&C shall prevail.
This T&C shall be binding on the successors-in-title and
the persons deriving title under M3TECH and the successors-in-title
of the Client and the rights and liabilities created by this
T&C shall continue to be valid and binding for all intents
and purposes whatsoever. Any waiver by either Party of any
breach of any term of this T&C shall not prevent the subsequent
enforcement of that term nor shall it be deemed a waiver of
any subsequent breach. In the event that any provision of
this T&C, for any reason, is found to be illegal, invalid
or unenforceable, such illegality, invalidity or unenforceability
shall not affect the other provisions of this T&C. This
T&C shall be governed by and construed in all respects
in accordance with the laws of Malaysia.
(a) If any dispute between the Parties shall arise out of
or in connection with this T&C, the Parties shall use
their best endeavours to resolve the dispute amicably. If
such dispute remains unresolved for ninety (90) days, the
dispute in question shall be referred and finally resolved
by arbitration in Malaysia in accordance with the UNCITRAL
Rules for the time being in force, which rules are deemed
to be incorporated by reference into this Clause.
(b) Unless otherwise agreed, the tribunal shall consist of
one arbitrator to be appointed by mutual agreement in writing
between the parties to the dispute. If such parties fail to
reach an agreement within twenty-one (21) days or in the event
of the death of the arbitrator or his unwillingness or inability
to act, the Director of the Kuala Lumpur Regional Centre shall
appoint the arbitrator for Arbitration.
The relationship of the Parties is that of independent contracting
Parties. Nothing in this T&C shall be construed as creating
a partnership, agency or joint venture between the Parties.
Neither Party shall assign its rights or transfer its obligations
hereunder except with the prior written notice of the other
Party.
11. COMPANY INFORMATION
Access to the services, content, software and downloads available
from the M3Tech website may be classified as "electronic
transactions and therefore users have the rights and M3Tech
has, amongst others the duty to disclose the following information:
| i. |
The full name and legal status of the
website owner: M3 Technologies (Asia) Berhad, registration
number 482772-D |
| ii. |
Street Address: Unit 707 & 1007, Block
A, Pusat Dagangan Phileo 2, Jalan 16/11, 46350 Petaling
Jaya, Selangor, Malaysia. |
| iii. |
Postal Address: Unit 707 & 1007, Block
A, Pusat Dagangan Phileo 2, Jalan 16/11, 46350 Petaling
Jaya, Selangor, Malaysia. |
| iv. |
Website address of the Clickatell website:
http://www.m3blast.com |
| v. |
Official email address of the Clickatell
website: m3blast@m3tech.com.my |
| vi. |
About us: http://www.m3tech.com.my
|
| vii. |
Manner of payment: All products have the
following payment options available: Online payment –
Maybank2u.com, Cimbclicks.com, Hong Leong Online, RHB
iBank, Public Bank Online, Credit card (Master / Visa).
|
| viii. |
Special terms related to certain goods and/or
services: From the main page click on the individual product
and/or services and click on the reference to associated
terms (if applicable). |
| viiii. |
Access to, saving and printing of terms:
These terms may be saved by users by clicking on the save
or print buttons on the browser/Word/Acrobat Reader Toolbar
(as the case may be). Terms specific to certain products
and/or services, may be printed and saved by opening the
web page that details the terms and clicking on the browser/Word/Acrobat
Reader Toolbar (as the case may be). |
| x. |
Dispatch and delivery: Upon the conclusion
of a transaction, a pop-up notice informs the User of
the applicable dispatch. |
| xi. |
The manner and period within which Users
may access and maintain a full record of transactions:
A full record of each transaction shall be disclosed to
the User, and Users are encouraged to print and/or save
this information. Transaction records will also be disclosed
to Users on request for a limited period from the date
of the transaction. |
| xii. |
Duration of the agreement: The minimum duration
of transactions and/or periods are detailed on the associated
product specific terms. |
| xiii. |
Alternative Dispute resolution: Subject
to urgent and/or interim relief, all disputes in connection
with, or arising from, access to M3Tech website, inability
to access the M3Tech website, the service and content
available on the M3Tech website and these terms and conditions
shall be referred to arbitration in terms of the expedited
rules of the ---- and such arbitration proceedings shall
be conducted in Kuala Lumpur and in English. The
arbitration ruling shall be final and the unsuccessful
party shall pay the costs of the successful party on a
scale as (agreed, ?) between attorney and own client.
|
| xiv. |
Cooling-off period: Users may return goods
and/or services within 7 (seven) days. |
| xv. |
Beginning of the Service: Remote activation
of goods and/or services by M3Tech shall be regarded as
consent by the User. |
| xvi. |
Time and place of contracting and nature
of information on the M3Tech website:
The time and place data messages, such as e-mail communications
between the User and M3Tech, are deemed to have been sent
and received and the location from which such data messages
originate are governed by what follows below.
The information, goods and/or services advertised on the
M3Tech website are NOT an offer, but merely and invitation
to do business;
xvii. By selecting goods and/or services and by submitting
the necessary payment and/or delivery information, the
User makes an offer to M3Tech, which may be accepted and/or
declined at M3Tech's sole and absolute discretion; |
| xviii. |
A binding agreement between the User and
M3Tech for the sale of goods, or the provision of services,
is only concluded upon M3Tech's acceptance of the User's
offer detailed above; |
| xviiii. |
M3Tech’s acceptance or refusal of
an offer will be communicated to the User within a reasonable
time from receipt of the User's offer by M3Tech;
Although the time and place of the agreement detailed
herein, are concluded and governed by what follows hereunder,
the time and place agreements for the sale of goods and/or
the provision of services (as advertised on the M3Tech
website) are governed by this clause and shall be deemed
to have been concluded in Kuala Lumpur; and
M3Tech may refuse an offer if the User, amongst others,
fails to meet the conditions of M3Tech's credit referencing
procedure.
Users may lodge complaints concerning the M3Tech website
with M3Tech at m3blast@m3tech.com.my
The User and M3Tech agree that: |
| |
i. |
the User shall be bound to these term and
conditions and such agreement is concluded in M3Tech (Malaysia)
at the time the User enters the M3Tech website for the
first time; |
| ii. |
data messages addressed by the User to M3Tech
shall only be deemed to have been received if and when
responded to, or when receipt is acknowledged. Notwithstanding
M3Tech shall not be deemed to have received a data message
if such data messages are blocked and/or filtered and/or
destroyed by M3Tech’s content filtering and virus
security systems; |
| iii. |
data messages addressed to the User by M3Tech
shall be deemed to be received by the User; |
| iv. |
data messages addressed to the User by M3Tech
shall be deemed to be sent from the location(s) |
| v. |
data messages addressed by the User to M3Tech
shall be deemed to have been created and sent by the User
from within the geographical boundaries of Malaysia; and
|
| vi. |
electronic signatures, encryption and/or
authentication are not required for valid electronic communications
between the User and M3Tech. |
|
