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Terms of Service
Last modified: March 2014

Acceptance of Terms

Welcome to MOL. www.mol.com portal provides its service to you, subject to the following Terms of Service ("ToS"), which may be updated by us in our sole discretion from time to time without prior notice. You agree that your continued use of the Service (as defined below) after such update will constitute your acceptance of an agreement to be bound by the updated ToS. In addition, when using particular MOL’s services, you and MOL shall be subjected to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the ToS. MOL also may offer other services from time to time that are governed by different Terms of Services. These ToS do not apply to such other services.

Description of Service

MOL currently provides users with access to a rich collection of online resources, including, various communications tools, online forums, shopping services, personalized content and branded programming through its network of properties through MOLPoints (the "Service"). You may reload MOLPoints through our various Payment Channels . Unless explicitly stated otherwise, any new features that augments or enhances the current Service, including the release of new www.mol.com portal properties, shall be subjected to the ToS. You understand and agree that the Service is provided on "As-Is Basis" and that MOL assumes no responsibility for the timeliness, currency, deletion, undelivered or failure to store any user communications or personalization settings.

In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. You acknowledge that MOL is not responsible or liable in any way for your access to the World Wide Web. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. You acknowledge that you are solely responsible for the set-up, configuration or compatibility of the hardware, software and other equipment used by you for obtaining access to the Service.

Your Registration Obligations

In consideration of the Service being made available to you, you agree to sign up for a free MOL Account and provide: (a) true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or MOL has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, MOL has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) without any liability to you. MOL is concerned about the safety and privacy of all its users, particularly children. For this reason, parents of children under the age of 13 who wish to allow their children access to the Service must provide proper guidance. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Services and/or Content is appropriate for your child.

You understand and acknowledge that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted via the Service, are the sole responsibility of the person from which such Content originated. This means that you and not MOL are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Service. MOL cannot and does not control or monitor the Content posted via the Service and, as such, cannot and does not guarantee the accuracy, integrity or quality of such Content. You understand and acknowledge that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will MOL be liable in any way for any Content, including, but not limited to, any exposure to offensive, indecent or objectionable Content, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Service.

You agree to not use the Service to:

  • upload, post, email or otherwise make available or transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
  • harm minors in any way;
  • impersonate, or falsely state or otherwise misrepresent your affiliation with, any person or entity, including, but not limited to, a MOL official, forum leader, guide or host;
  • forge headers or otherwise manipulate identifying information in order to disguise and/or with the effect of disguising the origin of any Content transmitted through the Service;
  • upload, post, email or otherwise make available or transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • upload, post, email or otherwise make available or transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
  • upload, post, email or otherwise make available or transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as, but not limited to, shopping rooms) that are designated for such purpose;
  • upload, post, email or otherwise make available or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
  • interfere with or disrupt the Service or another person's use of the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
  • intentionally or unintentionally violate any applicable law, statute, regulation, rule or code, including, but not limited to, any regulations or rules of any regulatory body, governmental agency or national or other securities exchange;
  • "stalk" or otherwise harass another person; or
  • collect or store personal data about any other user.

You acknowledge that MOL cannot and does not pre-screen Content, but that MOL and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, MOL and its designees shall have the right to remove any Content (whether or not provided by you) that violates the ToS or is otherwise objectionable in their sole opinion, without being liable to you in any way for any loss or damage arising from such removal. You agree that you must and will evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not and will not rely for any purpose on any Content created by MOL or submitted to MOL, including without limitation information in MOL sites, and in all other parts of the Service.

You acknowledge and agree that MOL may in its sole discretion preserve any Content, and disclose any Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the ToS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of MOL, its users and the public.

You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) modifications to conform and adapt to technical requirements of connecting networks or devices.

MOL AccessPortal Berhad Privacy Policy

Registration Data and certain other information about you are subject to our Privacy Policy which is incorporated by reference into and made a part of this ToS. By giving the Registration Data and certain other information about yourself to MOL, you agree and acknowledge that MOL may release such information to third parties as specified in the Privacy Policy, and that you give consent to such disclosure.

Member Account, Password and Security

You will receive a password and account designation upon completing the Service's registration process. All information provided must accurate and required for account verification purposes. MOL Account cannot be transferred and will solely belong to the NRIC or passport holder. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account and shall ensure that you exit from your account at the end of each session. MOL cannot and will not be liable for any loss or damage arising from your failure to comply.

Lost or Stolen MOLPoints

You agree to immediately notify MOL by contacting our Customer Care Support in the event there is any fraudulent or unauthorized use of your password or account or any other breach of security. Our Customer Care Support shall immediately suspend your account and investigate your complaint however MOL shall not be liable to compensate your loss as it is your duty to take the necessary precautions to safe guard your password.

If your MOLPoints have been stolen, lost, misplaced, damaged or malfunctions, you shall immediately notify our Customer Care Support and provide us with the receipt or any proof of purchase of the MOLPoints and the Serial Number/PIN. In the event the MOLPoints have not been utilised, our Customer Care shall block the Serial Number/PIN and refund the unutilised amount of MOLPoints to your account however if the MOLPoints have been utilised, MOL shall investigate and upon you to lodging a report with the relevant government authorities, MOL shall assist the authorities by providing the relevant information to accommodate the investigation however MOL shall not be liable to compensate your losses.

Special Admonitions for International Use

Recognizing the global nature of the Internet, you agree to comply with all applicable laws, statutes, regulations, rules and codes in your country of origin regarding online conduct and acceptable Content.

Indemnity

You agree to indemnify and hold MOL, and its subsidiaries, affiliates, officers, agents, co-branders or other partners and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of Content you submit, post to, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the ToS, your violation of any rights of any other person, or your breach of any applicable law.

No Resale of Service

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

General Practices Regarding Use and Storage

You acknowledge that MOL may in its sole discretion establish general practices and limits concerning use of the Service, including without limitation the manner in which the Service may be used. You acknowledge that MOL reserves the right to terminate and/or delete accounts that are inactive for an extended period of time. You further acknowledge that MOL reserves the right to modify these general practices and limits at any time, in its sole discretion, with or without notice, and you agree that your continued use of the Service after such modification will constitute your acceptance of an agreement to be bound by the modified general practices and limits.

Modifications to Service

MOL reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that MOL shall not be liable in any way to you or to any third party for any modification, suspension or discontinuance of the Service.

Termination and Refund

You agree that MOL in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if MOL in its sole opinion believes that you have violated or acted inconsistently with the letter or spirit of the ToS. You agree that MOL may in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You also agree that any termination of your access to the Service under any provision of this ToS may be effected without prior notice and acknowledge and agree that MOL may in its sole discretion immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that MOL shall not be liable in any way to you or any third-party for any termination of your access to the Service.

You may at any time discontinue the use of the Service by contacting our Customer Care Support who shall assist you with the refund of unutilised MOLPoints balance in your account subject to the terms and conditions determined by MOL. MOL shall at its sole discretion confirm the unutilised MOLPoints balance in your account and refund monies due to you within 30 days from receiving a duly completed Refund Form together with the relevant documents made available to you through your registered email by our Customer Care Support.

Dealings with Third Parties

Your correspondence or business dealings with, or participation in promotions of, other parties found on or through the Service (including without limitation advertisers and other users of the Service), including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such other party. You agree that MOL shall not be responsible or liable in any way for any loss or damage of any sort incurred as the result of any such dealings with such other parties, as the result of the presence of such other parties on the Service, or as the result of the use of the Service in any way by such other parties.

Links

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that MOL has no control over such sites and resources, and that MOL is therefore not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that MOL shall not be responsible or liable in any way for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

MOL’s Proprietary Rights

You acknowledge and agree that the Service and any necessary software/system used in connection with the Service contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by MOL or advertisers, you agree not to modify, adapt, rent, lease, loan, sell, distribute or create derivative works based on the Service, the Software or the Content (excluding Content owned by you), in whole or in part.

MOL grants to you a personal, non-transferable and non-exclusive right and license to use the object code of its Software/system on a single computer; provided that you do not (and do not allow any third party to) copy, modify, adapt, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software/system. You agree not to modify the Software/system in any manner or form, or to use modified versions of the Software/system, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by MOL for use in accessing the Service.

Disclaimer of Warranties

You expressly understand and agree that:

  • Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. MOL expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement (other than any warranty the exclusion of which is not lawful).
  • MOL makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the software/system will be corrected.
  • Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
  • No advice or information, whether oral or written, obtained by you from MOL or through or from the service shall create any warranty not expressly stated in the ToS (save for any fraudulent misrepresentation by MOL).

Exclusion of Liability

You expressly understand and agree that MOL shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if MOL has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service. However nothing in this ToS shall limit MOL’s liability to refund all unutilised amount of MOLPoints to you which shall not exceed the balance in your account in the event MOL becomes insolvent.

Disclaimers and Exclusions

You acknowledge that the disclaimers and exclusions of liability represents a fair and reasonable allocation of the risks and benefits of the agreement between MOL and you, taking all relevant factors into consideration, including without limitation the value of the consideration provided by you to MOL and the availability and costs of insurance with respect to the said risks. You further agree that these disclaimers and limitations shall be enforceable to the fullest extent permitted by applicable law.

Notice

Notices to you may be made via users’ registered email or regular mail. The Service may also provide notices of changes to the ToS or other matters by displaying notices or links to notices, to you generally on the Service. You agree that such notices by email or regular mail, and such display of notices or links to notices to you generally on the Service, will constitute sufficient and adequate notice to you of the matters contained therein.

All notices, requests and/or other communications from you to MOL under these ToS shall be communicated to our Customer Care Support.

Intellectual Property Rights

MOL respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright, trade mark or other intellectual property infringement, please provide MOL Customer Care Support, the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property interest;
  • a description of the intellectual property right that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the site;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the intellectual property right owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the intellectual property right owner or authorized to act on the intellectual property right owner's behalf.

General Information

The ToS constitute the entire agreement between you and MOL and govern your use of the Service, superseding any prior understandings and agreements between you and MOL and any previous statements or representations from either party to the other party. You also may be subjected to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The ToS and the relationship between you and MOL shall be governed by the laws of Malaysia without regard to its conflict of law provisions. You and MOL agree to submit to the non-exclusive jurisdiction of the courts of Malaysia. The failure of MOL to exercise or enforce any right or provision of the ToS shall not constitute a waiver of such right or provision. If any provision of the ToS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision and to construe such provision to the maximum extent permitted by law so as to render that provision valid and enforceable and that the other provisions of the ToS shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the ToS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in the ToS are for convenience only and have no legal or contractual effect.