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TMNET
STREAMYX TERMS AND CONDITIONS
(TO BE READ AND FORM AS PART OF NETMYNE E-TRAVEL SUBSCRIPTION
AGREEMENT)
PLEASE
READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE YOU SIGN
UP FOR THE tmnet streamyx SERVICE. BY INDICATING YOUR ACCEPTANCE
OF THE TERMS AND CONDITIONS CONTAINED HEREOF, YOU ARE DEEMED TO
ACKNOWLEDGE AND AGREE TO BE BOUND BY ALL THE FOLLOWING TERMS AND
CONDITIONS FOR THE USE OF tmnet streamyx SERVICE PROVIDED BY TM
NET SDN. BHD., WHICH IS INVOLVED IN THE PROVISION OF MULTIMEDIA
PRODUCTS AND SERVICES. TM NET RESERVES THE RIGHT TO UPDATE OR
REVISE THE TERMS AND CONDITIONS FROM TIME TO TIME. NOTICE OF AMENDMENT
MAY BE GIVEN BY TM NET TO THE CUSTOMER IN SUCH A MANNER AS TM
NET DEEMS APPROPRIATE. CONTINUATION IN THE ACCESS OR USE OF THE
tmnet streamyx SERVICE SIGNIFIES ACCEPTANCE OF THE CHANGES TO
THE TERMS AND CONDITIONS WITH REGARD TO THE tmnet streamyx SERVICE.
1.
THE SERVICES
TM
Net, a company which is involved, amongst others in the provision
of multimedia products and services is desirous at the request
of the Customer to provide to the Customer, tmnet streamyx Service
on TM Netıs network, which will allow the Customer the access
to Internet on the terms and conditions set forth herein, as may
be amended from time to time by TM Net (hereinafter referred to
as "the Service"). The Service together with other services provided
under Netmyne e-travel Services (hereinafter defined) shall form
a bundled product and service called "Netmyne e-travel Services".
2.
DEFINITIONS
"Agreement"
means the completed Application Form (hereinafter defined)
and its attachment(s) (if any) and the terms and conditions set
forth herein. This Agreement together with the terms and conditions
of the other services provided under Netmyne e-travel Services
shall form an integral part of Netmyne e-travel Subscription Agreement.
"Application
Form" means the Netmyne e-travel application form to which
these terms and conditions are attached requesting particulars
from an applicant offering to become a Customer and furnishing
the required and genuine information. Such application form and
these terms and conditions including but not limited to the terms
and conditions of the other services provided under Netmyne e-travel
Services together shall form an integral part of Netmyne e-travel
Subscription Agreement.
"Commencement Date" means the date on which TM Net Sdn.
Bhd. assigns the User ID and Password to the Customer enabling
the Customer to access and use of the Service.
"Customer"
means [BU, if this service is meant for corporate body, then this
part should be deleted] [BU agree] a corporate body, partnership,
associations, company, government and/or non-government organization
whose application to enter into this Agreement is accepted by
TM Net and shall include his successors and permitted assigns
and is synonymous with the term "subscriber" or "applicant" wherever
used in other correspondence or documents.
"Commencement
Notice" means the notice issued by TM Net to the Customer
specifying the date of commencement of the Service. The Commencement
Notice shall also contain the Customer's Internet Protocol (IP)
address or login name and password, as the case may be.
"ITPM"
means ITP TECHNOLOGIES (MALAYSIA) SDN BHD (Company No. 606574-P)
(formerly known as Feltwell Corporation Sdn. Bhd.), an authorised
licensee of the software known as ITP Software which facilitates
and enables online reservations via the Internet such as flights,
lodging house/ hotel rooms/ accommodation and other travel related
products that may be available from time to time, provided by
third party suppliers; whereby TM Net collaborate with ITP to
bundle their products including but not limited to tmnet streamyx
and corporatemail Plus known as Netmyne e-travel Service.
"Leased
Equipment" means the equipment leased from TM Net for the
provision of the Service to the Customer.
"Minimum
Subscription Period" means the minimum period for subscription
of the Service by the Customer as specified in Clause 3 herein.
"Netmyne
e-travel Services" means a bundled product and service that
consist of other TM Netıs product and services including but not
limited to tmnet streamyx Services 512kbps/128kbps with modem,
one (1) account of Netmyne CorporateMail Plus Services and Netmyne
e-travel booking engine to which the Customer can have a complete
online travel booking application solution that gives him the
flexibility to build and deploy web-based travel services for
his businesses.
"Netmyne
e-travel Subscription Agreement" means the completed Application
Form and its attachment(s) (if any) and the terms and conditions
including but not limited to the terms and conditions of all the
services provided under Netmyne e-travel Services.
"TM
Net means TM NET SDN. BHD.means TM Net Sdn. Bhd. a company
incorporated under the laws of Malaysia with its business address
at TM IT Complex, 3300 Lingkaran Usahawan Satu Timur, 63000 Cyberjaya,
Selangor.
"tmnet
streamyx Service" (or the "Service") means a high speed access
service which provides connection to the internet with speed up
to 2Mbs. Under the Service, the Customer shall use the Leased
Equipment leased by TM Net to be connected to the Customer's telephone
line to establish connection to TM Net.[BU, how about wireless
streamyx?] [It should be the same because wireless is just another
medium to access to Internet and we always refer to it as Customer's
telephone line as well]
"User Account" means an account under the name of the Customer
in relation to the Service subscribed by the Customer.
Word
and expressions donating the singular include plural numbers and
word and expressions denoting the plural shall include the singular
number unless the context otherwise require. Word denoting natural
persons include bodies corporate, partnerships, sole proprietorship,
joint ventures and trusts. The expression "him" or any other expressions
appear herein shall be deemed to include the masculine, feminine,
plural thereof where the context so admits.

3.
Commencement of Service
The Service shall commence and this Agreement will become effective
upon approval and execution by TM Net. The minimum subscription
period for Service is one (1) year from the date of commencement
of Service.
4.
Application for the Service
4.1
The Customer hereby warrants that it has the required corporate
authority to enter, execute and be bound by the terms and conditions
of this Agreement.
4.2
The Customer is required to submit accurate, current and complete
information of the Customer for the purpose of subscribing to
the Service and the Customer hereby undertakes to update such
information in the event of any change thereto.
4.3
Supporting documents accompanying the Customer's application for
subscription of the Service shall be required to be submitted
to TM Net together with the Application Form. The required supporting
documents are as follows:
(a) For Malaysian:
(i) Sole proprietor or partnership - a copy of either the Customer's
business license, Forms D, B or A;
(iii)
Company - a copy of Form 9, Form 49, Form 24 or Form 13. (b)
For foreign:
Company
- a copy of either the Customer's Form 79 , 80, 80A or 83. 4.4
All supporting documents must be duly certified by the Authorized
Representative of the Customer.

5.
Fees
i. The fees for the Service shall be at the applicable rate
indicated in the TM Netıs pricing pamphlets and/or the Application
Form or such rates as may be prescribed by TM Net from time
to time.
ii.
Payment of the Fees shall accrue from the Commencement Date.
The Customer shall be liable for and shall promptly pay on demand
all charges, fees, rentals, cost or other amounts whatsoever
as shown in TM Net's bill.
iii.
The Customer shall pay the Fees in advance upon submission of
the Application Form and thereafter upon receipt of TM Net's
bill on monthly basis.
iv. In the event that the Customer terminates the Service prior
to the expiry of a "the Minimum Subscription Period, the total
Fees for the remaining Minimum Subscription Period shall be
imposed on and payable by the Customer notwithstanding such
early termination.
v. TM Net reserves the right to suspend the Service pending
the settlement of overdue payment by the Customer.
vi.
In the event that the amount stated in TM Net's invoice or any
part thereof remains unpaid after the due date, TM Net reserves
the right to charge interest on the sum that remain unpaid as
aforesaid at the rate specified in TM Net 's bill from the due
date to the date of settlement.
vii.
The Customer hereby acknowledges that non-receipt of Statement
Of Account, bill, statement or any correspondence in relation
to the Service subscribed is not a valid reason for the Customer
to hold back or delay any outstanding Fee for the Service.
6.
Payment
6.1
In the event the amount stated in TM Net 's bill or any part thereof
remains unpaid after the due date, TM Net reserves the right to
charge interest on the sum that remains unpaid as aforesaid at
the rate to be specified in TM Net 's bill from the due date to
date of full payment.
6.2
The billing date will commence from the date the Service is rendered
to the Customer.
6.3
The Customer hereby acknowledges that non-receipt of statement
of account, bill, statement or any correspondence in relation
to the Service subscribed shall not be a valid reason for the
Customer to hold back or delay any outstanding payment for the
Fees

7.
Alteration/Modification
Any
alteration to the Service configuration, and/or relocation of
the Service based on Customer's request is chargeable to the Customer
at a rate to be specified by TM Net from time to time.
8.
Change of Service Package Plan
Any
request by the Customer for upgrades or downgrades of his package
plan shall be subject to TM Netıs approval. For any allowable
upgrades or downgrades in the Service package plan, installation
and activation fees will be charged to the Customer at a rate
as specified by TM Net from time to time.
9.
Customer's Responsibilities
The Customer shall:
A.
Not resell or sublet the Service to any third parties without
prior written consent from TM Net;
B.
Be responsible for the set-up or configuration of his own equipment
for access to the Service;
C.
Comply with all notices or instructions given by TM Net from time
to time in respect of the use of the Service;
D.
Be Solely responsible for obtaining, at his own cost, all licenses,
permits, consents, approvals, and intellectual property or other
rights as may be required for using the Service;
E.
Comply with the rules of any network to which the Customer has
access through the Service;
F.
Conform to Internet etiquette that is required by the electronic
forums including the TM Net 's Conditions of Use (a copy of which
is attached);
G.
Be solely responsible for all information retrieved, stored and
transmitted by the Customer through the use of the Service;
H.
Obtain TM Net 's prior approval before making any changes to the
network configuration and interconnecting the private network
to any public network;
I. Be responsible for ensuring that the Custome's personal computer
is equipped with network card;
J.
Provide basic infrastructure for installation of the Leased Equipment
including but not limited to internal wiring;
K.
Pay and settle all Fees and any other charges due to TM Net in
accordance with this Agreement;
L.
Provide accurate and complete information in the Application Form
and when requested by TM Net;
M.
Abide and adhere to the terms and condition of this Agreement;
N.
Not use the Service in any manner, which in the opinion of TM
Net may adversely affect the use of the Service by other Customers
or efficiency or security as a whole;
O.
Be responsible to maintain in good condition any equipment leased
by TM Net. In the event TM Net 's Leased Equipment is faulty due
to Customer's negligence, Customer will have to bear the cost
of the Leased Equipment according to its depreciated value which
will be determined by TM Net.

10.
Prohibited Use
A.
To comply with and not to contravene with all applicable laws
of Malaysia relating to the Service;
B.
Not to use the Service for any unlawful purpose including and
without limitation criminal purposes;
C.
Not to use the Service to send or receive any message which is
offensive on moral, religious, racial or political grounds or
of any anxiety to any person including a company or a corporation;
D.
Not to compromise any computer virus to all systems;
E.
Not to infringe any intellectual property rights;
F.
Not to gain unauthorized access to any computer system connected
to the Internet or any information regarded as private by other
person including a company or corporation; and
G. Not to share the Service with any person including a company
or corporation without the prior written approval of TM Net and
shall use the Service only for the purpose for which it is subscribed.
11.
Security and Other Features
A.
The Customer shall take all such measures as may be necessary
to protect his own system and network.
B.
The Customer shall be responsible for maintaining the confidentiality
of his passwords, if any, (including without limitation changing
his passwords from time to time) and shall not reveal the same
to any other person. Where a user identification is necessary
to access the Service, the Customer shall use only his user identification.
C.
The Customer shall inform TM Net within twenty four (24) hours
if the User Account, user identification or password is stolen
or lost. Until such report has been made, the Customer shall be
responsible for all transactions and access using the User Account,
user identification or password by any third party and TM Net
shall not be held responsible for any prohibited and/or unauthorized
use of the Service as provided in this Agreement.

12.
Leased Equipment
In
connection with any Leased Equipment that may be provided by TM
Net for use of the Service:
A.
The Customer shall take appropriate measure to safeguard the Leased
Equipment;
B.
The Customer shall properly maintain and keep the Leased Equipment
at a safe place;
C.
The Customer shall adhere to all instructions and notice (written
or otherwise) given by TM Net from time to time regarding the
use of such Leased Equipment;
D.
The Customer shall be responsible for all costs of repairs incurred
in relation to the equipment in the event TM Net determines that
any fault in such equipment is caused by the Customer;
E.
The Customer shall return and surrender the Leased Equipment to
TM Net in the same condition as and when it is provided to the
Customer, normal wear and tear excepted, upon termination of the
Service.
13.
Customer's Equipment Installation
A.
The Customer shall prepare all applicable Customer's equipment
in accordance with any specifications TM Net may provide to the
Customer in relation to the Service. The Customer shall further
ensure that the said Customer's equipment are in good condition
and has proper set-up for purposes of installation of additional
configuration and installation of software to the said Customer's
equipment by TM Net.
B.
The installation of the configuration and software for the Customer's
equipment can be conducted by the Customer themselves as per TM
Net's guidelines. The Customer acknowledges that such installation
shall be at the Custome's own risk.
C. TM Net 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 the Customer
and/or TM Net.

14.
Lawful Purpose
The
Customer shall only use the Service for lawful purposes. Transmission
of any material in violation of any international, Federal, State
or Local laws and regulation is prohibited. These include, but
shall not be limited to copyrighted material, material legally
judged to be threatening or obscene, pornographic, profane, or
material protected by trade secrets. These also include links
or any connection to such materials. Customer also warrants that
Customer has the right to use any applicable trademarks which
are featured in Customer's web site.
15.
Suspension of Service
15.1
Without prejudice to any other rights or remedies and notwithstanding
any waiver by TM Net of any previous breach by Customer, TM Net
may suspend the Service for a period at TM Net's discretion in
the event that:
i. any fee and/or payment due hereunder for the Service provided
is not settled in full on due date;
ii.
in the event the Customer fails to comply with the terms of
this Agreement;
iii. for maintenance of TM Net's equipment and telecommunication
systems; iv. scheduled or unscheduled outages which causes interruption
to the Service.
15.2
For suspension of the Service due to Clause 15.1(i) and Clause
15.1(ii), TM Net may if it deems appropriate at it sole discretion
and upon such terms, as it deems proper reconnect the Service,
in which event this Agreement shall continue as if the same has
not been suspended. TM Net shall have the right to impose on the
Customer a reconnection fee at a rate as specified by TM Net form
time to time.
16.
TERMINATION
16.1
Without prejudice to any other rights or remedies of the parties
under this Agreement or at law, either party may terminate this
Agreement, if the other:
(a)
breaches any term, condition, undertaking or warranty under
this Agreement and such breach shall remain unremedied for a
period of thirty (30) days after receipt of the written request
to remedy the same;
(b) becomes bankrupt or enters into any composition or arrangement
with or for the benefit of creditors or either party or allow
any judgment against either party to remain unsatisfied for
the period of twenty-one (21) days; (c) fail to perform its
obligation under this Agreement hereunder due to an event of
Force Majeure which continues for a period of more than sixty
(60) days.
16.2
Without prejudice to any other rights or remedies of TM Net under
this Agreement or at law, TM Net may terminate this Agreement
by giving the Customer fourteen (14) days notice, in writing,
if the Customer:
(a)
fails to comply with TM Net's policy(ies) and/or instruction(s)
communicated to the Customer, in writing;
(b)
is in breach of any provision under Communication and Multimedia
Act, 1998 or any other rules, regulations, by-laws, acts, ordinances
or any amendments to the above.
16.3
Notwithstanding the above, TM Net may terminate the Service under
this Agreement immediately, without penalty, if:
(i)
the Customer fails to make payment of Fees, Charges and/or any
sum due to TM Net within the stipulated time;
(ii)
the Customer fails to comply with the terms of this Agreement,
and TM Net, in its sole discretion is of the opinion that such
breach shall not be tolerated and shall not fall under provision
of Clause 16.1 (a) above;
(iii)
the Customer provided false or incomplete information to TM
NET;
(iv)
upon termination of the agreement in relation to Netmyne e-Travel
Service between TM Net and ITPM ("the Collaboration Agreement").
16.4
Such termination, as hereinbefore mentioned in Clauses 16.2 and
16.3, shall not prejudice the right of TM Net to recover all charges,
costs, and interests due and any other incidental damages incurred
thereto.
16.5
In the event of termination due to an event referred to in sub-clause
16.3 (iv) abovestated, the Customer shall be given a minimum notice
of Thirty (30) days upon termination and/or prior to expiration
of the Collaboration Agreement thereof. The notice may be served
on a Customer through e-mail, postage service or any other reasonable
mode of delivery so as to ensure effective distribution of the
notice.
16.6
A Customer may decide to terminate the Service. In this case the
Service shall be discontinued with immediate effect upon receipt
of Customer's corresponding response. The Customer is then required
to make full payment for the Minimum Subscription Period of the
Service as contracted under the Subscriberıs Terms & Conditions
for the use of the Service.
16.7
In the case where a Customer choose to continue with the Service,
then the same shall cease to be a subscriber to the Netmyne e-Travel
Service but continue to be a subscriber of the Service and will
continue to be billed accordingly by TM Net.
16.8
Should situation arises that there is no response from a Customer
upon expiry of the notice period then the Service will be discontinued/
suspended until the expiry of the Minimum Subscription Period
for the Service and thereafter the full amount for the Minimum
Period of the Service as contracted under the Subscriber's Terms
& Conditions for the use of the Service shall be payable.
16.9 In any case, a Customer's choice of the available options
shall be deemed as final and conclusive.
16.10
In the event that the Customer terminates the Service during the
Minimum Subscription Period, the Customer acknowledges and agrees
that:
(i)
Any discount given to the Customer during the Minimum Subscription
Period, shall be chargeable to the Customer and be payable to
TM Net, in full or in part, to be determined by TM Net.
(ii)
Pursuant to (i) above, the amount chargeable shall be the difference
between the annual discount offered throughout the Minimum Subscription
Period and the annual discount that would otherwise be offered
up to termination, multiplied by the number of years the Customer
actually used the Service. For avoidance of doubt, for the purpose
of this Clause, a fraction of a year shall be considered as
one (1) year of Service.
(iii)
In addition to (i) above, the Customer shall pay to TM Net a
full year Subscription Fee for the year in which the Agreement
is terminated, at full rate or a discounted rate, if any, to
be determined by TM Net.
16.11
Upon termination of the Agreement, all monies owing by the Customer
to TM Net shall immediately become due and payable and the Customer
shall upon demand by TM NET settle all amounts stipulated by such
demand.
16.12
Any Fee and/or Charge paid shall not be refundable upon termination
of the Service by the Customer.
16.13
TM Net shall not be liable to the Customer for any claim for damages
or costs of any nature whatsoever arising out of discontinuance
of the Service or termination or expiration of this Agreement
in accordance with its term including but not limited to any claim
for loss of profits or prospective profits or for anticipated
loss.

17.
Disclaimer
A.
The Service is provided on an "as is" basis. TM Net makes no warranty
of any kind, either expressed or implied, including, but not limited
to, warranties of accuracy and expressly disclaims all implied
warranties, including, but not
limited to warranties of merchantability or fitness for a particular
purpose. B. TM Net gives no warranty in respect of any Leased
Equipment that is provided to the Customer and shall not be liable
to the Customer for any costs, claims, liabilities, expenses,
demands or damages whatsoever (including any loss of profits,
loss of savings or incidental or consequential damages), arising
out of the Customer/s of or inability to use such Leased Equipment,
even if TM Net or any of its authorized representative has been
advised of the possibility of such damages, or for any claim by
any other person including a company or corporation whomsoever.
C.
While every care is taken by TM Net in the provision of the Service,
TM Net 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.
D.
The Customer shall be solely responsible, and TM Net 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.
18.
Indemnity
A.
The Customer undertakes and agrees to indemnify, save and hold
harmless TM Net 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 TM Net may sustain, incur or pay, or as the case
may be, which may be brought or established against TM Net 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, by reason of or
pursuant to this Agreement and which are attributable to the act,
omission or neglect of the Customer, his servants or agents.
B.
TM Net shall not be liable for any loss or any damages sustained
by reason of any disclosure, inadvertent or otherwise in any information
concerning the Customer's account particulars. Neither shall TM
Net M be liable for error, omission, loss or inaccuracy whether
or not due to TM Net's neglect.
C.
TM Net shall use its best endeavour 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 neglect of TM Net. Notwithstanding
the aforementioned, the extent of TM Net's liability shall be
limited to correcting the failure of the Service.

19.
Confidential Information
Except
with the prior written consent of TM Net, the Customer shall not
at any time communicate to any person any confidential information
disclosed to him for the purpose of the provision of the Service
or discovered by him in the course of the provision and performance
of the Service.
20.
Compliance with applicable laws
The
Customer shall comply with and not to contravene all applicable
laws of Malaysia relating to the Service including but not limited
to Communication and Multimedia Act 1998 and its subsidiary legislation,
other Acts of Parliament, local by- laws, rules and regulations
issued by relevant Government Bodies and/or Authorities.
21.
Variation
TM
Net reserves the right to amend the Terms and Conditions herein
contained and/or the specific terms at any time and the Customer
shall be bound by the amended Terms and Conditions. Notice of
the amendment may be given by TM Net to the Customer in such manner
as TM deems appropriate.
22.
Severability
If
any provision herein contained should be invalid, illegal or unenforceable
under any applicable law, the legality and enforceability of the
remaining provisions shall not be affected or impaired in any
way and such invalid, illegal or unenforceable provision shall
be deemed deleted.

23.
Assignment
The
Customer shall not assign any of his rights or obligations under
this Agreement to any other person whatsoever except with prior
approval of TM Net. TM Net may assign or novate this Agreement
or any part thereof to any body corporate which is a parent company,
subsidiary or related company of TM Net and consent for the abovementioned
is hereby given by the Customer.
24.
Binding on Successors
The
terms and conditions is binding upon the successors, executors,
administrators, personal representatives and assign of the Customer
and upon the substitute and assigns of TM Net.
25.
Indulgence and waiver
A.
No delay or indulgence by TM Net in enforcing any term or condition
of this Agreement or granting of time by TM Net to the Customer
shall prejudice the rights or powers of TM Net under this Agreement
or at law.
B.
Failure by TM Net to exercise any part or all of its rights under
the terms and conditions of this Agreement or any partial exercise
shall not act as a waiver of such right nor shall any waiver by
TM Net of any breach constitute a continuing waiver in respect
of any subsequent or continuing breach.
26.
Notice
All
notices, requests or other communications required or permitted
to be given or made hereunder shall be in writing and delivered
personally or sent by prepaid registered post or legible telefax
addressed to the Party at his address set out in this Agreement
or to such other address or facsimile number as any Party may
from time to time duly notify to the other Party. Such notices,
requests or other communications shall be deemed to have been
given by facsimile immediately after transmission thereof or if
sent by post, forty-eight hours after posting.
27.
Force Majeure
TM
Net shall not be liable for any breach of this Agreement arising
from cause beyond its control including but not limited to Acts
of God, insurrection of civil disorder war or military operations,
national or local emergency, acts or omissions of government,
highway authority or other competent authority, industrial disputes
of any kind (whether or not involving TM Net employees), fire,
lightning, explosion, flood, subsidence, inclement weather, acts
or omissions of persons or bodies for whom TM Net is not responsible
or any other cause whether similar or dissimilar outside TM Net
's control.

28.
Governing Law
This
Agreement shall be governed and construed in accordance with the
laws of Malaysia.
29.
Service Restrictions
29.1
The Customer hereby acknowledges that:
a.
it has read and fully understood all the terms and conditions
herein upon signing the Application Form and agrees to be bound
by the same upon TM Net accepting the application;
b.
the details and documents provided to TM Net together with the
Application Form are true, genuine and contain the latest information
and allows TM Net to conduct independent verification of the
same with any organization or body;
c.
notwithstanding the above, TM Net reserves the right to reject
the application or requires the Customer to furnish further
details or documents as TM Net deems fit and necessary without
reserving any reason whatsoever.
29.2
The Customer further acknowledges that:
(a)
It is TM Net's policy to use the Customer's data and personal
information acquired through the registration process or through
the Customerıs use of TM Net's products and services for its
business purposes.
(b)
TM Net may use the Customer' s personal information for the
internal purposes of customizing advertisements and content
on the website(s) and TM Netıs partner sites, providing information
to the Customer of other products and services available from
TM Net and its affiliate, processing and fulfilling Customer
request for products and services, responding to Customer enquiries,
conducting research for improvement of the Service and statistical
analysis and the general operation and maintenance of the Service
and its related website(s).
(c)
TM Net will disclose the Customer's personal information if
required to do so by law or in good faith, if such action is
necessary to:
i.
comply with any law enforcement agency, court orders or legal
process; and/or
ii. protect and defend the rights or property of TM Net and
its users.
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