1. Service Description. Zed Mobile Malaysia Sdn. Bhd. ("ZED") currently provides users with access to a variety of products and services through its on-line (World Wide Web) and SMS (Short Message Service) services (the "Service"). The Service may also include access to products and services of independent third parties either directly or via links to sites operated by third parties. Where reasonably possible, ZED shall indicate the products and services provided by third parties as such. Even though they may be co-branded with ZED and so include ZED's trademarks, the contracts for products and services provided by third parties are concluded directly between you and the third party. ZED shall not be a party to, or in any way responsible for, any transaction concerning products or services made available from such third parties or for any content or information presented in connection with any such products or services.

2. Applicable terms and conditions The Service and any products and services which may be accessed through the Service are made available to you subject to these Terms of Services ("TOS"). The TOS are in addition to any ZED or third party terms and conditions applicable to products and services, which may be posted from time to time in connection with such products and services ("Specific Terms"). In case of any discrepancy between the TOS and such Specific Terms the latter shall prevail.

1. Invitations to order. Unless otherwise expressly indicated, no information presented in the Service or in connection with any products and services shall be deemed as a binding offer by ZED, but an invitation for you to order.

2. Contract for the Service. The contract for the Service between you and ZED shall be deemed concluded when ZED, upon your request (order), has provided you with access to the Service

3. Contracts for products and services purchased through the Service. In respect of contracts for the products and services of ZED and independent third parties which are made available through the Service, these shall be deemed concluded when ZED or the third party has accepted your order for the same or has provided you with the product or service pursuant to your order.

1. Equipment and Software. In order to use the Service, you must have a mobile communications subscription or otherwise have access to the Service on the network in which ZED makes the Services available ("Subscription"), and pay any service fees associated with such access.

2. Registration and Registration Data. Upon your request, ZED may register you as a user and provide you with access to the Service. The same procedure may apply to products and services made available through the Service.

3. Access without registration. ZED may provide you with access to some Services without you registering as a user. In that case your identification is based on other means of identification that ZED deems appropriate. Identification is typically based on data identifying your Subscription, such as your Subscription number or MS ISDN number provided by your network operator. You agree that such information may be collected and disclosed to ZED and used in accordance with the Terms.

1. Privacy. ZED is committed to the privacy of its customers. You acknowledge that ZED collects and processes information on your use of the Service including the personally identifiable information contained there in for the purposes detailed in its Privacy Policy. As global companies, ZED and its affiliated companies increasingly go beyond the borders of one country.

2. Submissions. Except for personally identifiable information (if any), which is covered by our Privacy Policy, all information of any kind that you transmit to ZED, including but not limited to questions, comments, suggestion, ideas, concepts, know-how, techniques or the like, shall be deemed to be non-confidential and ZED shall have no obligation of any kind to you with respect to such information and shall be free to reproduce, use, disclose, and distribute the information to others without limitation for any purpose whatsoever including but not limited to researching, developing, manufacturing, selling and marketing products or services based upon or incorporating such information.

1. Reasonable efforts to maintain the Service. ZED shall use reasonable efforts to keep the Service (or individual services supplied by ZED or third parties) available in accordance with the information that you have received about it at the date of this Agreement. ZED may suspend the Service for repair, maintenance, and/or upgrade work. In such a case, ZED shall aim at keeping the said interruption short and at causing as little inconvenience to you as reasonably possible.

2. Right to modify services. ZED shall have the right to provide the Service as it deems best but will try to ensure that the Service is of no lesser standard than as at the date these TOS were entered into. ZED reserves the right to modify or discontinue, temporarily or permanently, individual services provided by it or third parties via the Services, or the Services themselves. If a service is or the Services are to be permanently discontinued by ZED it will notify you of this fact.

3. Service Upgrades. If any upgrade in a service requires changes in your equipment or software, you must effect these changes at your own expense. ZED shall inform you of any such alterations in the Service in advance. Unless explicitly stated otherwise, any new or additional features that augment or enhance the current Services, including the release of new services, shall be subject to the TOS.

1. NO WARRANTIES OTHER THAN TOS the service (and any services available through zed's services) are offered to you on an "as is", "with all faults" and "as available" basis without warranties of any kind save as provided in these tos and as required by the law applicable to these terms of service. Your use of the services and/or any information, data, text, software, music, sound, photographs, graphics, video, messages or other materials transmitted through or made available using the service ("content") is at your own risk and the use by you of the services must comply with instructions given by zed from time to time.

2. CONTENT You understand that the content is the sole responsibility of the person from whom such content originated. Unless explicitly stated to the contrary, zed does not control the content posted via or made available using the service and does not warrant the accuracy, availability, integrity, or quality of such content. Zed will not be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, otherwise transmitted via or made available using the service

3. SERVICES ZED makes no warranty that (i) the results that may be obtained from the use of the service (or any services available through zed's services) will be accurate or reliable, (ii) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations based on the information available to you in connection with the service at the date of accepting these TOS, and (iii) any errors in the software will be corrected;

4. DOWNLOADING OF CONTENT Any content 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 or loss of data that results of the download or use of such material;

5. SECURITY MEASURES ZED shall use reasonable efforts to secure any information that you transmit or store through the service in order to prevent unauthorised access by third parties. You acknowledge, however, that zed is unable to exercise full control over the security of information passing over the network utilised by the services or via the service, and zed hereby excludes all liability of any kind for unauthorised access to information passing over the network or via the service.

6. GENERAL WARRANTIES (a) The services are internet and sms message driven and ZED is not able to control efficiency of all networks in their entirity over which the services (and individual ZED or third party services) are supplied. Therefore ZED assumes no responisibility for any disruption to the services/individual ZED services provided that it will use all reasonable efforts to rectify any such disruption as soon as reasonably practicable. Further ZED makes no representation or warranty and assumes no responsibility for the delays in provision of the services/individual ZED services, distortion, misdelivery or failure to store any content, communications or personalised settings or the equipment used by you in relation to the services or individual ZED services;(b) When using the internet services you may find from time to time sites and addresses which you wish to visit have been disconnected or cannot be found. ZED is not responsible for maintaining any site or address other than our own and cannot guarantee the continuned availability of any other person's site or address. ZED shall not be liable to you or to any third party for any modification, suspension or discontinuance of the service or any part thereof not within our reasonable control;(c) No non-fraudulent advice or information, whether oral or written, obtained by you from ZED or through or from the service shall create any warranty not expressly stated in the TOS save any terms expressed to be able to be varied in these TOS.

1. Nothing in this agreement limits or excludes either zed's or your liability for personal injury or death caused by our or our employee's or your negligence, or any other liability which cannot be limited or excluded by applicable law.

2. ZED shall not in any circumstances be liable under these tos for any indirect, incidental, special, consequential or exemplary damages for losses including (without limit) for loss of business contracts, savings, anticipated savings, profits or goodwill, loss of data however these may arise or for any other unusual losses.

3. Exclusions and Limitations. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that ZED may not, as a matter of applicable law, disclaim any liability or implied warranty, the scope and duration of such warranty shall be the minimum permitted under such applicable law.

1. The nature of content. Neither the Services, nor any of the information transmitted through or made available using the Service, is intended to supply tax, accounting or legal advice, advice regarding the suitability or profitability of any security or investment, any health or medical advice, or any other advice of a personal or private nature. Although the Services may provide access to information and recommendations and research about the foregoing topics, ZED does not guarantee that such recommendations are suitable to you or for any other person. You shall make your own independent evaluation of the suitability of such recommendations. You assume full responsibility and liability for any and all tax, accounting, legal, investment, medical, health, or other personal decisions made by you.

2. Responsibility for Content provided by you. You shall be responsible for any Content delivered through your account. In particular, you are responsible for that any Content sent by you or through your account does not cause interference to the network, infringe copyrights or other rights, or violate good practice (including so-called SPAM mass deliveries), legislative provisions or regulations issued by the authorities.

3. Responsibility for the use of the Service. You are fully responsible for all activities under your account or through your Subscription. That responsibility includes, but is not limited to, the responsibility for any fees for the use of the Service or any products and services made available through the Service. You agree to (a) immediately notify ZED in case you become aware of or suspect unauthorised use of your account or Subscription or any other breach of security, and (b) ensure that you exit from your account at the end of each session. ZED cannot and will not be liable for any loss or damage arising from your failure to comply with this Terms.

4. Prohibited activities. You agree not to use the Service or services available via the Services to: a) upload, make available, send or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable b) harm minors in any way; c) impersonate any person or entity, including, but not limited to, a ZED official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; d) upload, make available, send or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party or any Content that you do not have a right to transmit under applicable law or under contractual or fiduciary relationship (such as information disclosed as part of employment relationships or under nondisclosure agreements);e) upload, send or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, "junk mail", "Spam", chain letters, pyramid schemes, or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose; f) upload, post, email or otherwise 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; org) "stalk" or otherwise harass another. You agree not to: a) manipulate identifiers in order to disguise the origin of any Content transmitted through the Service; b) intentionally or unintentionally violate any applicable local, state, national or international law; c) 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.

5. ZED's right to refuse Content.You acknowledge that ZED does not monitor Content, but that ZED may (without any obligation to do so), at its sole discretion, refuse or remove any Content that you or any third party make available via the Service. Without limiting the effect of this clause, ZED shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree to evaluate, and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

6. ZED's right to disclose information. You acknowledge and agree that ZED may preserve Content and may also disclose 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 ZED, its users and the public.

7. Without ZED's prior permission, you agree not to display or use in any manner, the trademarks, trade names or logos used in connection with the Service.

8. Tariffs. The tariffs and terms of payment are made available at ZED web Site. You shall pay ZED for the Services and the use thereof in accordance with the price lists in force from time to time. Unless otherwise indicated, the charges shall be invoiced on your mobile operator's bill (i.e. on the bill related to the use of the mobile subscription with which you have accessed the Service).

9. Price changes. ZED reserves the right to change the tariffs for the Service by posting details of such changes on its web site or in other publicity materials.

1. Termination of the Service.(a) You agree that ZED, at its sole discretion, may terminate your use of the Service or you can terminate the subscription by sending STOP ALL to 32882.

2. Deletion of account information on termination. You agree that on any termination of your access to the Service under any provision of this TOS ZED may immediately deactivate and/or bar any further access to the Service. Further, you agree that ZED shall not be liable to you for any termination of your access to the Service.

3. Changes to TOS. ZED reserves the right to change these terms and conditions from time to time on ZED website. Changes in this manner shall be deemed to have been accepted if you continue to use the Service.

4. Reasonable Control ZED will not responsible for non-compliance with the terms of these TOS where such non-compliance results from matters beyond ZED's reasonable control.

5. The TOS and the relationship between you and ZED shall be governed by the Malaysian Laws without regard to its conflict of law provisions. The failure of ZED 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 endeavor to give effect to the parties' intentions as reflected in the provision to the fullest extent permitted by law, and the other provisions of the TOS remain in full force and effect. zed Mobile Malaysia Sdn Bhd. (608819-U) is a company incorporated in Malaysia (Company No: 608819-U) whose registered address is at 18th Floor, Wisma Sime Darby, Jalan Raja Laut, 50250 Kuala Lumpur, Malaysia

Zed Mobile Malaysia Sdn Bhd - Privacy Policy

We want you to feel confident about the collection and processing of your personal information while using the products, services or web-pages (the "Services") offered by Zed Mobile Malaysia Sdn Bhd (608819-U) and its affiliated companies ("ZED"). In this policy you will find information on how we handle your personal information as you make use of our diverse product offerings.

By using the Services or sending us a request for Services you consent to the processing of your personal data in accordance with this Privacy Policy.

This policy may change from time to time so please check back periodically. If you wish, you may be notified of changes to the policy by sending an e-mail to service@zed.com.my.

What personal data does ZED collect from you?

ZED collects information in several ways when you use the Services. Your data (eg: MSISDN) may be stored in our systems based on your use of the Services (such as data on products and services you order and information regarding your enquiries to our customer service).

For what purposes is your personal data collected?

We collect and use personal data for the purposes of offering and producing the Services and developing and marketing current and future Services and other services provided by ZED.

ZED respects the privacy of your personal e-mail accounts and mobile phone numbers. Unless otherwise indicated in this Policy, your e-mail address and mobile phone number details will not be passed on to any organizations beyond ZED without your explicit permission. We will not send to your e-mail address or your mobile phone information regarding the Services and/or information regarding the products or services of ZED's partners if you so request. To opt out from receiving the aforesaid information, send an e-mail to service@zed.com.my or write to us at the address below. Please allow some time for your request to be processed

In addition, we may collect information on your use of the Services for the purposes of market research and service statistics and development. Unless we inform you otherwise, such information will be processed and used in a way in which individual users are not identifiable.

   

With whom does ZED share your information?

You agree that on termination of these TOS ZED may immediately deactivate or delete your account, all related information and files in your account and/or bar any further access to such files or the Services. Further, you agree that ZED shall not be liable to you or any third party for any loss caused by the termination of your access to the Services.

Before disclosing personal data we first ascertain, to our reasonable satisfaction, whether the third party provides at least the same level of privacy protection as that described in this Privacy Policy.

Security precautions

Keeping your personal information private is vitally important to us. ZED shall take all reasonable efforts to prevent any unauthorized access to your personal data.

When you register details with us, we use to the extent reasonably feasible a secure transmission technology in order to protect personal data from: unauthorized access, improper use or disclosure, and unlawful destruction or accidental loss.

All our employees and data processors whose have access to and are engaged in the processing of personal data are obliged to respect the confidentiality of your personal data.

No data transmission over the Internet or WAP can be 100% secure. Although our goal is to protect your personal information, we cannot ensure or warrant the security of any information you transmit to us or from our online products or services, and you do so at your own risk. Once we receive your transmission, we make all reasonable efforts to ensure its security on our systems

Contact us

Please write to the following address: Zed Mobile Malaysia Sdn Bhd, Menara See Hoy Chan - Suite 7.04, No. 374 Jalan Tun Razak, 50400 Kuala Lumpur, Malaysia or send an e-mail to service@zed.com.my.

11.1 Notices. You may send any notices related to these TOS by email to ukinfo@zed.com or to the following address: ZED UK Ltd. Charta House 30-38 Church Street Staines TW18 4EP, UK. VAT number GB760999967. ZED shall serve notices related to these TOS on you by posting them on the Website or by sending them to your address or e-mail address, or as a text message to your mobile phone number. Notices sent by mail shall be deemed received seven (7) days after they were sent. Notices posted on the Website, sent by e-mail or as a text message shall be deemed received on the weekday following the day when they were posted or sent.

11.2 Changes to TOS. ZED reserves the right to change these TOS from time to time. Changes shall be notified to you by posting them on the Website or by sending you a notice pursuant to Clause 11.1. Changes shall be deemed to have been accepted if you continue to use the Services after fourteen (14) days from the date of posting on the Website or the notice being sent unless you send us notice to terminate these TOS within fourteen (14) days of receipt of notification of the changes in which case you will not be bound by the changes and these TOS will terminate according to Clause 10.1.

11.3 Reasonable Control. ZED is not responsible for non-compliance with the terms of these TOS where such non-compliance results from matters beyond ZED's reasonable control.

11.4 Competitions: From time to time we may run competitions and/or other promotions on the website. These will be subject to additional terms and conditions that will be made known to you at the relevant time.

11.5 Entire Agreement. Except that neither you nor ZED excludes liability for fraud, these TOS contain the entire agreement between you and us. You agree that you have not entered into these TOS in reliance on any statement or representation of any person other than as expressly incorporated in these TOS.

11.6 These TOS and the relationship between you and ZED shall be governed by the laws of England and Wales without regard to its conflict of law provisions. The failure of ZED to exercise or enforce any right or provision of these TOS shall not constitute a waiver of such right or provision. If any provision of these TOS is found by a court of competent jurisdiction to be invalid, the parties agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision to the fullest extent permitted by law, and the other provisions of the TOS remain in full force and effect. Zed UK Ltd. is a company registered in England and Wales under number 3917203 whose registered office is at Zed (UK) Ltd Charta House, 30-38 Church Street, Staines, Middlesex TW1 4EP, UK. VAT number GB760999967

· This free prize draw is open to all UK residents aged 16 or over except for employees of Zed UK Limited, their families, agencies or any other company directly connected with the administration of this promotion, who enter the free prize draw by 1st March 2007. You do not need to buy anything to enter.

· Entry completion is based on the supply of your mobile phone number & mobile network. All entries must be received by 1st March 2007, to be valid entries in the draw.

· Email entry of your mobile number or receipt of a mobile text request will ensure automatic entry into the prize draw.

· Email entries should be sent to ukinfo@zed.com  and marked clearly as prize draw entry. Only one entry per person and each entry must include your mobile number & mobile network. Third party registrations will not be accepted.

· The draw will be made on 16th March 2007.

· There are fifty prizes of CD’s to be won.

· The winner will be drawn independently and at random from all valid entries received and will be notified by mobile message within 72 hours of the actual draw date.

· No alternative prize is available and the prize is not transferable.

· For winner's details please send an email to: ukinfo@zed.com within 28 days of the draw date.

· The winner may be asked to participate in non paid publicity accompanying or resulting from this draw.

· By entering the free prize draw, entrants agree to be bound by the rules and to receive related offers by mobile message.

This Terms of Service were last updated on January 2nd 2007 and shall be effective immediately. Any changes made to this Policy will automatically be effective 30 days after they are posted on this page.