P1 - beyond broadband

TERMS AND CONDITIONS FOR PRE-PAID SERVICES

These terms and conditions govern all services related to the pre-paid services which include voice and broadband services and any other services that may be offered from time to time, if any, whereby online payment shall be made via e-voucher and the usage of credit card, (collectively known as “Service?, provided by Packet One Networks (Malaysia) Sdn. Bhd. (571389-H) (“Service Provider? to you (“Subscriber?.

(each of Service Provider and Subscriber are hereinafter collectively referred to as “Parties?and individually as “Party?.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE SIGNING UP FOR THE SERVICE. BY ACCEPTING AT THE END OF THESE TERMS AND CONDITIONS, SUBSCRIBER CONFIRMS ACCEPTANCE OF THESE TERMS AND CONDITIONS. SERVICE PROVIDER RESERVES THE RIGHT TO UPDATE OR REVISE THESE TERMS AND CONDITIONS FROM TIME TO TIME. SERVICE PROVIDER MAY GIVE NOTICE OF AMENDMENT TO SUBSCRIBER IN SUCH A MANNER AS SERVICE PROVIDER DEEMS APPROPRIATE. CONTINUATION IN THE ACCESS OR USE OF THE SERVICE SIGNIFIES ACCEPTANCE BY SUBSCRIBER OF CHANGES TO THESE TERMS AND CONDITIONS.

Definitions and Interpretation

The following words have the following meanings in this Agreement, unless the contrary intention appears:

“Activation Date?/b> means the date when the Service commences, as more particularly described in Clause 3.3;
“Designated Address?/b> means Subscriber’s designated address as stated in Subscriber’s Application Form (as more particularly described in Clause 5.1);
“Packet One?/b> means Packet One Networks (Malaysia) Sdn. Bhd. (571389-H), or any of its related companies (as defined in the Companies Act 1965);
“Packet One Network?/b> means equipment, software and facilities operated by Packet One to enable the provision of the Service to Subscriber;
“Registration Date?/b> has the meaning ascribed to it in Clause 3.1;
“Service?/b> is defined to include all services as set forth in the service specific schedule attached hereto;
“Terms?/b> has the meaning ascribed to it in Clause 2.
“E-Voucher?/b> means a P1 prepaid value voucher which can be purchased over counters via cash only at designed P1 Hot Zone Preferred Partners (“PHP? locations. The E-Vouchers are available in denominations of RM5, RM10 and RM20.
“Particulars?/b> means Subscriber’s credit card details, status, credit rating, personal details and other details which may relate to the Subscriber’s credit card.

Provision of Services

Service Provider agrees to provide and Subscriber agrees to use the Service subject to these terms and conditions, including any schedules and exhibits, as amended by Service Provider from time to time (“Terms?.

Commencement of Service

3.1 These Terms shall become effective on the date on which Service Provider accepts Subscriber’s application for the Service (“Registration Date? and, subject to contrary provisions provided herein, shall continue to be effective until all Service provided hereunder has expired or duly terminated.

3.2 Service Provider reserves the right to decline any application without assigning any reason thereto.

3.3 The Service (as defined below) shall commence on the date on which the Service is ready to be activated by Subscriber (“Activation Date?.

Application for the Service by On-line Registration

4.1 Subscriber shall ensure that all information and particulars submitted to Service Provider for the purpose of subscribing to the Service are accurate, current and complete and Subscriber undertakes to inform Service Provider of any updates to such information in accordance with Clause 14 below.

Service Availability

5.1 Availability of the Service shall only be at areas and premises designated ready to receive the Service.

Account Activation

6.1 For on-line account activation Subscriber shall pay via the on-line payment channel available by topping up on the Subscriber’s e-Wallet by using any acceptable methods including credit cards and/or savings and current account.

6.2 For off-line account activation Subscriber shall purchase via off-line payment channel available whereby a PIN number shall be allocated with the Subscriber’s purchase.

6.3 Validity period of the activation of the e-Wallet shall be as stipulated in the schedule in www.p1.com.my.

6.4 New validity period of e-Wallet is based on the longer of the newly calculated date versus the previous date

Charges

7.1 In the event of suspension or early termination of the Service at any time during the subsistence of this Agreement, except where such suspension or termination arises from Service Provider’s breach or fault or an event of Force Majeure :

no refund of any sums remaining on the unused portion of the Subscriber’s pre-payment shall be refunded.

7.2 Service Provider may from time to time revise the pre-paid fee. Service Provider may decrease the fees without providing advance notice. Increases to the fees for the Service are to take effect on such effective dates as may be specified by Service Provider provided that such effective dates shall be no sooner than thirty (30) days after Service Provider posts them on the website www.p1.com.my

Subscriber's Responsibilities

8.1 Subscriber shall:

be responsible for the set-up or configuration of his/her/its own equipment for access to the Service;
comply with all notices or instructions given by Service Provider from time to time in respect of the use of the Service;
be solely responsible for obtaining, at his/her/its own cost, all licences, permits, consents, approvals as may be required for using the Service;
comply with the rules of any network to which Subscriber has access through the Service;
comply with and not contravene any and all applicable laws and regulations of Malaysia, whether relating to the Service or otherwise including but not limited to the Communications and Multimedia Act 1998;
be solely responsible for all information retrieved, stored and transmitted by Subscriber through the use of the Service;
obtain Service Provider's prior approval before making any changes to the network configuration and interconnecting the private network to any public network;
be responsible for ensuring that Subscriber’s personal computer is equipped with the necessary network card;
provide basic infrastructure for installation of the Subscriber Premise Equipment including but not limited to internal wiring;
pay and settle all fees and any other charges due to Service Provider in accordance with these Terms;
abide and adhere to these Terms;
and comply with the provisions of all access agreements executed between Service Provider and third parties.

Prohibited Use

9.1 Subscriber shall:

not use the Service, any equipment, relevant technology and intellectual property rights for any unlawful purpose including without limitation for any criminal purposes;
not use the Service to send unsolicited electronic messages or any message which is obscene, threatening or offensive on moral, religious, racial or political grounds to any person including a company or a corporation;
not disrupt the normal use of the Service for other subscribers;
not compromise or infect any systems with computer viruses or otherwise;
not infringe any intellectual property rights of Service Provider, its related companies and subsidiaries or any third party;
not gain unauthorised access to any computer system connected to the Internet or any information regarded as private by any person including a company or corporation;
not share the Service with any person including a company or corporation without the prior written approval of Service Provider and shall use the Service only for the purpose for which it is subscribed;
not resell or sublet the Service to any third parties;
not modify, reverse engineer, translate, disassemble or decompile the Service and Subscriber Premise Equipment, or otherwise to attempt to derive the source code of the software that enables the Service and not use the Service in any manner, which in the opinion of Service Provider may adversely affect the use of the Service by other subscribers or efficiency or security as a whole.

9.2 In respect of the Terms under Clause 9.1 hereinabove Subscriber shall indemnify and keep the Service Provider indemnified against all costs, expenses, loss and damages that may arise out of Subscriber’s non-adherence thereof.

Security

10.1 Subscriber shall take all such measures as may be necessary to protect his/her/its own system and network.

10.2 Subscriber shall be responsible for maintaining the confidentiality of his/her/its passwords, if any, (including without limitation changing his/her/its passwords from time to time) and shall not reveal the same to any other person.

10.3 Service Provider shall not be liable for any loss Subscriber suffers as a result of not keeping his/her/its password and other security information confidential.

10.4 Subscriber acknowledges that Service Provider shall not be liable for the security of Subscriber’s data or passing over the Service or the Service Provider Network and that Service Provider shall have no obligation to ensure, and makes no representations or warranties concerning the security of such data. Subscriber shall be solely responsible for the data retrieved, stored or transmitted through the Service or the Service Provider Network.

10.5 Subscriber agrees that Service Provider is not liable for any unauthorised access to Subscriber’s data even where the access occurs as a result of a fault in the Service Provider Network or any other equipment or software owned, operated or supplied by Service Provider.

Suspension of Service

11.1 Without prejudice to any other rights or remedies and notwithstanding any waiver by Service Provider of any previous breach by Subscriber, Service Provider may suspend all or any of the Service for a period determined by Service Provider in its sole discretion in the event that:

Subscriber fails to comply with these Terms;
there is reasonable suspicion of fraudulent or illegal activity by Subscriber;
a legal authority requests Service Provider to do so;
any scheduled or unscheduled outages occur which cause interruption to the Service, including but not limited to maintenance of Service Provider’s equipment or systems and/or,
if the validity period of the e-Wallet has expired and Subscriber has not renewed and/or topped-up the e-Wallet as per the schedule in www.p1.com.my.

11.2 In the event of any suspension of the Service by Service Provider in accordance with Clause 11.1(i) and Clause 11.1(ii) hereof, Service Provider may if it deems appropriate at it sole discretion and upon such terms, as it deems proper reconnect the Service, in which event the Service and these Terms shall continue in effect as if the Service had not been suspended.

Change of Subscriber’s Details

Subscriber undertakes to update all information on-line of any change of Subscriber’s information provided earlier to Service Provider. Failure by Subscriber to notify Service Provider of such changes shall be a waiver of Subscriber’s right including the right to be notified under these Terms as the case may be.

Activation Period

13.1 This Agreement shall commence on the Service Activation Date and continue for as long as there is credit in the Subscriber’s e-Wallet.

13.2 Notwithstanding Clause 13.1, Service Provider may at any time discontinue the Service or any part thereof or terminate the Agreement without having to give any reason by giving thirty (30) days written notice to Subscriber. Service Provider shall have no liability to Subscriber for discontinuance of the Service or any part thereof or termination of the Agreement pursuant to this Agreement.

Termination

14.1 Without prejudice to any other rights or remedies of Service Provider under these Terms or at law, Service Provider may terminate any or all Service immediately, in the event:

Subscriber breaches any term, condition, undertaking or warranty hereunder and such breach shall remain unremedied for a period of thirty (30) days after receipt of the written request to remedy the same;
any event of Force Majeure occurs as specified in Clause 27 hereof, which continues for a period of more than sixty (60) days;
Subscriber fails to comply with Service Provider’s policy(ies) and/or instruction(s) communicated to Subscriber on-line and such non-compliance shall remain unremedied for a period of thirty (30) days after receipt of the written request to remedy the same;
Subscriber is in breach of any provision under Communication and Multimedia Act, 1998, Malaysian Communication and Multimedia Commission Act, 1998 or any other rules, regulations, by-laws, acts, ordinances or any amendments to the above; or
Service Provider has suspended any Service to Subscriber pursuant to Clause 11.1(i), 11.1(ii), 11.1 (iii) and/or 11.1(iv) for sixty (60) days or longer.

14.2 Subject to Clause 3, Clause 7.3, Clause 13.3, Clause 14.2 and any relevant provisions in Schedule 1, Subscriber may terminate any Service upon providing thirty (30) days written notice to Service Provider.

14.3 Service Provider shall not be liable to Subscriber for any claim for damages or costs of any nature whatsoever arising out of discontinuance of the Service due to the termination or expiration of any Service or these Terms in accordance with its term including but not limited to any claim for loss of profits or prospective profits or for anticipated loss.

Disclaimer

15.1 15.1. The Service is provided on an "as is" basis. Service Provider disclaims all warranties and representations of any kind, express, implied, or statutory including without limitation the implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Service Provider does not warrant that any of the Service will meet Subscribers?specific requirements or will be uninterrupted, timely, and secure or error free.

15.2 Service Provider shall not be liable to Subscriber for any direct and incidental loss, cost, claim, liability, expenses, demands or damages whatsoever (including any loss of profits, loss of savings or incidental or consequential damages), arising out of Subscriber’s use, misuse, or failure or inability to use Service provided by Service Provider hereunder. Service Provider’s liability (if any) is limited to restore the Service if Service Provider decides that the Service is not up to par and not due to Subscriber’s act or omission.

15.3 Service Provider shall not be liable in any way whatsoever for any loss or damage to any property or injury to any person howsoever caused, whether negligent or otherwise arising out of any installation and/or configuration where such task is conducted by Subscriber.

15.4 While every care is taken by Service Provider in the provision of the Service, Service Provider shall not be liable for any loss of information howsoever caused whether as a result of any interruption, suspension, or termination of the Service or otherwise, or for the contents accuracy or quality of information available, received or transmitted through the Service.

15.5 Subscriber shall be solely responsible, and Service Provider shall not be liable in any manner whatsoever, for ensuring that in using the Service all applicable laws, rules and regulations for the use of any telecommunications systems, service or equipment shall be at all times complied with.

Indemnity

16.1 Subscriber undertakes and agrees to indemnify, save and hold harmless Service Provider at all times against all actions, claims, proceedings, costs, losses and damages whatsoever including but not limited to libel, slander or infringement of copyright or other intellectual property rights or death, bodily injury or property damage howsoever arising which Service Provider may sustain, incur or pay, or as the case may be, which may be brought or established against Service Provider by any person including a company or corporation whomsoever arising out of or in connection with or by reason of the operation, provision or use of the Service and/or equipment under and pursuant to there Terms and which are attributable to the act, omission or neglect of Subscriber, his servants or agents. This paragraph shall survive termination of these Terms and the Service.

16.2 Service Provider shall use its best endeavours to ensure the continuity and efficiency of the Service at all times but shall not be liable for any loss, damage, consequential or otherwise, arising out of any failure of the Service caused unless such default, error, omission or loss is due to the wilful neglect or fault of Service Provider. Notwithstanding the aforementioned, the extent of Service Provider’s liability shall be limited to correcting the failure of the Service only.

Confidential Information

Subscriber shall at all times maintain the confidentiality of all information imparted to him/her/it pursuant to these Terms and/or in connection with any Service. Subscriber shall not disclose or give to any third party any such information without the prior written consent of Service Provider.

Entire Agreement

18.1 These Terms comprise the complete on-line registration and activation process for each Service submitted by Subscriber to Service Provider, represent the entire understanding, and constitute the whole agreement, in relation to its subject matter and supersedes any previous agreement between the Parties with respect thereto, and, without prejudice to the generality of the foregoing, excludes any warranty, condition or other undertaking implied at law or by custom.

18.2 In the event of a conflict between terms and conditions set forth in the main body of these Terms and the terms in a service specific schedule, the terms in the service specific schedule shall govern.

Severability

If any provision herein contained should be invalid, illegal or unenforceable under any applicable law, such provision shall be fully severable and these Terms shall be construed as if such illegal or invalid provision had never comprised a part of these Terms and the legality and enforceability of the remaining provisions of these Terms shall not be affected or impaired in any way.

Assignment

Subscriber shall not assign any of his/her/its rights or obligations under these Terms to any other person whatsoever. Service Provider may assign and/or novate these Terms to any third party and consent for the abovementioned is hereby deemed given by Subscriber.

Indulgence and Waiver

21.1 No delay or indulgence by Service Provider in enforcing any term or condition of these Terms or granting of time by Service Provider to Subscriber shall prejudice the rights or powers of Service Provider under these Terms or at law.

21.2 Failure by Service Provider to exercise any part or all of its rights under these Terms or any partial exercise shall not act as a waiver of such right nor shall any waiver by Service Provider of any breach constitute a continuing waiver in respect of any subsequent or continuing breach.

Notice

Service Provider may give notice by way of posting a notice on its website or by e-mail or other communication coordinates. All notices, requests or other communications required or permitted to be given or made hereunder by Subscriber to Service Provider shall be in writing and delivered either by hand, or sent by prepaid registered post addressed to Service Provider’s registered office address (or such other address as Service Provider may revise from time to time). Such notices, requests or other communications shall be deemed to have been given by facsimile or e-mail immediately after transmission thereof or if sent by post (including posting on the website by Service Provider), forty-eight (48) hours after posting.

Force Majeure

23.1 Service Provider shall not be liable for any breach of these Terms arising from cause beyond its control, including but not limited to:

war, whether declared or not, civil war, civil violence, riots and revolution, acts of piracy, acts of sabotage;
natural disasters and Acts of God, such as violent storms, cyclones, earthquakes, tidal waves, floods, destruction by lightning;
explosions, fires, destruction of machines, of factories and of any kind of installations;
boycotts, strikes and lock-outs of all kinds, go-slows, occupations of factories and premises, work stoppages, embargo, labour shortages or disputes, failure of the internet; and
acts of authority, whether lawful or unlawful.

23.2 Service Provider may terminate any Service by giving written notice to Subscriber, in the event that the Force Majeure event which has occurred prevents Service Provider from performing and/or continuing its obligations for more than a period of fourteen (14) days.

Governing Law and Forum

These Terms shall be governed and construed in accordance with the laws of Malaysia and the Parties hereby irrevocably submit to the non-exclusive jurisdiction of the Malaysia courts. These terms and conditions shall also be subjected to the directives, determinations and regulations as set by Malaysian Communications and Multimedia Commission (“MCMC Directives? from time to time. In the event of conflict between the terms and conditions and MCMC directives, the MCMC Directives shall prevail and supersede in respect of the conflict only.

Taxes

Where any Goods and Services Tax (“GST?, Value Added Tax (“VAT?, Government tax or equivalents thereof, is applicable to Service Provider as the supplier under these Terms, Service Provider is entitled to charge Subscriber the GST, VAT and/or equivalents thereof payable to the government.

Subscriber’s Warranties and Acknowledgement

26.1 Subscriber hereby warrants that:

he/she/it has the legal capacity to enter into these Terms and is not a minor; and
if Subscriber is a body corporate, it has the required corporate authority to enter, execute and be bound by these Terms.

26.2 Subscriber acknowledges that:

he/she/it has read and fully understood all the terms and conditions herein upon accepting these Terms and agrees to be bound by the same upon Service Provider accepting the application; and

26.3 Subscriber further acknowledges and agrees that:

It is Service Provider’s policy to use Subscriber’s data and personal information acquired through the registration process or through Subscriber’s use of Service Provider’s products and services for its business purposes.
Service Provider may use and/or share with its licensors Subscriber’s personal information for the purposes of customising advertisements and content on the website(s) and Service Provider’s partner sites, providing information to Subscriber of other products and services available from Service Provider, its licensors and its affiliate, processing and fulfilling Subscriber request for products and services, responding to Subscriber enquiries, conducting research for improvement of the Service and relevant technology and products, and statistical analysis and the general operation and maintenance of the Service and its related website(s).
Service Provider will disclose Subscriber’s personal information if required to do so by law or in good faith, if such action is necessary to:

comply with any legal authority, law enforcement agency, court orders or legal process; and/or
protect and defend the rights or property of Service Provider, its licensors and its users.

Schedules Integral to this Agreement

For the avoidance of doubt, the Parties agree and understand that the contents of the schedules to this Agreement shall be deemed to form and be construed as an integral part of this Agreement and shall be binding upon them.

Promotions

28.1 Where the Subscriber’s subscription is made pursuant to a promotion, the Subscriber agrees that upon Service Provider’s acceptance of the Subscriber’s application to subscribe to the Service pursuant to a promotion, the Subscriber shall be subject to such additional terms and conditions as may be attached as conditions to the said promotion. Such additional terms and conditions shall be read as supplementary to the terms and conditions in this Agreement. Service Provider expressly reserves the right to withdraw any promotions subscribed to by the Subscriber at any time without assigning any reasons for such withdrawal.

28.2 In the event that the promotion involves a licensed financial institution as defined in the Banking and Financial Institutions Act 1989 (hereinafter referred to as the “Financer?, the Subscriber shall in addition to the sub Clause above comply with all requirements imposed by the Financier and further acknowledges that Service Provider has reserved the right to take any action as requested by the Financier to protect the Financier’s interests or as deemed fit for Service Provider’s own interests and credit control purposes and management of the Subscriber’s account(s).

Data

The Subscriber shall, upon executing this Agreement, consent and permit Service Provider to use/disclose the Subscriber’s personal data for purposes including but not limited to data matching, transborder transfer of data, Call Line Identification Presentation (CLIP), credit checking and/or for any purpose deemed to be in the interest of Service Provider and for the compliance of any laws and regulations.

SCHEDULE 1: SERVICE SPECIFIC SCHEDULE EXHIBIT: PRE-PAID INTERNET ACCESS SOLUTION POWERED BY SERVICE PROVIDER

Terms and conditions specific to this service:

Service Description:

Internet access which applies to pre-paid services and any other services that the Service Provider may decide to provide, at its sole and absolute discretion, to Subscriber. The service is offered on a best effort basis and on a shared basis; however Service Provider shall endeavour to provide best possible services to subscribers.

Licence:

Service Provider grants a non-exclusive, non-transferable licence to Subscriber to use this service (including the licence to use all necessary software in connection with this service), such licence shall be automatically revoked once the term of the service expires or once the service is terminated for whatever reason.

SCHEDULE 2: FAIR USAGE POLICY

Introduction

1.1 This Fair Usage Policy (“Policy? sets out an acceptable level of conduct between the service provider and its subscribers using the Service.

1.2 A very small number of customers use Peer to Peer or file sharing software, which constantly sends and receives video and other very large files, throughout the day. This type of activity uses a lot of bandwidth and can significantly reduce the speed at which other customers can access the internet during peak hours. Approximately 1% of customers use more than 30% of the available bandwidth during peak hours. We don't believe this is fair to the vast majority of our customers.

1.3 This Policy automatically identifies the very small number of extremely heavy users and manages their bandwidth only, to protect the service for all our other customers.

1.4 The service provider may, from time to time, change this Policy without further notice to its subscribers. Please visit the www.p1.com.my web page periodically to determine any changes to this Policy.

1.5 This Policy supplements the pre-paid services wherein payment can be made by e-voucher and/or via credit card in which the services include services which include voice and broadband services, among others) the Terms & Conditions and the General Terms and Conditions.

Fair Usage

2.1 Packet One is committed to ensuring our customers receive the best broadband performance for a competitive price. To achieve this goal we provide a contended broadband service. This means our Internet bandwidth is shared with all our subscribers at any one point in time.

2.2 The service provider reserves the right to release subscriber information pursuant to any copyright (and/or intellectual property right) infringement if it is required to do so by any law, regulatory body or court of law.

2.3 Each subscriber’s total usage per month shall not exceed 20 gigabytes of data volume transmitted (total upload and download usage).

Enforcement on Breach of Policy

3.1 In respect of the subscribers who are in violation of this Policy, the service provider may, at its option and discretion, have their bandwidth managed, service suspended or terminated (with or without notice as the service provider considers appropriate).

3.2 To report any illegal or unacceptable use of Pre-Paid Broadband service, please send an email to careline@packet-1.com

Usage of E-Voucher

4.1 Upon purchase of the Subscriber’s E-Voucher Subscriber shall be supplied a PIN which is valid for 20 days from date of purchase of the E-Voucher.

4.2 Subscriber must access P1’s website at www.p1.com and key in the PIN to activate the Services.

4.3 Service Provider shall not be liable for loss of E-Voucher and/or wrongly keyed in PIN which results in lock out from P1’s website and/or loss or reduction in the value of the E-Voucher.

4.4 Service Provider shall not be liable for any loss in the event of force majeure occurrence, including power outages or telecom services down-time that result in Service Provider being unable to access the P1 website and/or loss or reduction in the value of the E-Voucher.

4.5 Service Provider shall not be liable for any abuse, misuse, misconduct, misappropriation by the Subscriber and/or any third party, whether authorized by the Subscriber or otherwise, of the E-Voucher.

4.6 E-Vouchers sold are strictly not-refundable.

Payment via Credit Cards

5.1 Subscriber must be the legitimate holder / principal account holder of a Visa or a Master Credit Card issued to the Subscriber by a financial institution which is used to make the payment to Service Provider services.

5.2 Subscriber hereby permits Service Provider;

to release Subscriber’s particulars, including Subscriber’s information to the banks for VISA, MasterCard; and
to debit automatically Service Provider’s services payment amount to Subscriber’s credit card upon approval from the relevant issuing financial institution.

5.3 In the event the Subscriber’s credit card is rejected by the financial institution, Service Provider shall inform the Subscriber via a pop up notification screen.

5.4 Service Provider and the participating financial institution shall not be liable for any claims, demands, damages, disputes or a loss resulting from the Subscriber’s rejected credit card and payment delays.

5.5 In the event there is a disruption or interruption in the Services due to website being down while the Subscriber is making payment online, whether due to Service Provider or due to external factors and third parties?actions, omissions and negligence, Service Provider shall not be liable or be held responsible whatsoever for loss of data during transaction or for non-completion of transaction during downtime.

5.6 In the event the Subscriber inputs the wrong data in the required mandatory fields including a wrong credit card number or wrong account number, which results in wrongful payment of a third party’s account, Service Provider shall not be held liable or responsible whatsoever, for any losses Subscriber may suffer.

5.7 Service Provider has the absolute right to recover from the Subscriber the amount of a transaction and that amount will be considered a debt due owing to Service Provider if:

the credit card detail was forged or used fraudulently; or

the authentication of any transaction is disputed; or

the Subscriber refuses to make payment to the acquiring bank/issuing bank for any one transaction for any reasons whatsoever. Without prejudice to the above, the Service Provider shall have the right to hold back the payment amount which is disputed until the matter in dispute is resolved.

5.8 Service Provider shall have the right, without being liable to Subscriber or any third party whatsoever, to discontinue, interrupt, withdraw or suspend this credit card payment service or change any terms and conditions for any period of time that Service Provider considers is appropriate for any reason whatsoever without giving any notification to Subscriber.

5.9 Subscriber hereby agrees that any release by Service Provide of the particulars does not render the Service Provider liable to Subscriber for any claim, loss, damage or liability however it may arise whether in contract, negligence, or any other basis resulting from or in relation to the release or disclosure of the particulars by Service Provider; and/or the particulars being inaccurate, false, misleading; and/or reliance of the particulars.