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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.

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.


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
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.
User Name:
Password:
SMS Marketing
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