terms and conditions
VALUE ADDED SERVICES - TELCO TERMS & CONDITIONS
TERMS OF SERVICE
1. INTRODUCTION
1.1 Welcome to the Experience Education Malaysia Portal (the “Portal”). These Terms of Service govern your access and use of the Portal and the use of any services, information and functions made available by us at the Portal (“Services”). Before using this Portal or the Services, you must read carefully and accept these Terms of Service and all other terms and conditions and policies pertaining to the use of the Portal and/or the Services (collectively referred to as “EMGS Terms and Conditions”) and you must consent to the processing of your personal data as described in the Privacy Policy set out at https://educationmalaysia.gov.my/privacy-policy/. By accessing the Portal and/or using the Services, you agree to be bound by EMGS Terms and Conditions and any amendments to the foregoing issued by us from time to time. If you do not agree to EMGS Terms and Conditions and the Privacy Policy, do not access and/or use this Portal and/or the Services.
1.2 The Terms of Service stated herein constitute a legal agreement between you and Education Malaysia Global Services. (Company No.: 986610-U), a company incorporated in Malaysia and having its registered address at No 43-2, Plaza Damansara, Jalan Medan Setia 1, Bukit Damansara 50490, Kuala Lumpur (“EMGS”, “we”, “us” or “our”).
1.3 EMGS reserves the right, to change, modify, add, or remove portions of these Terms of Service and/or EMGS Terms and Conditions at any time. Changes will be effective when posted on the Portal with no other notices provided and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the Portal.
1.4 If you are under the age of 18 or the legal age for giving consent hereunder pursuant to the applicable laws in your country (the “legal age”), you must obtain permission from your parent(s) or legal guardian(s) to open an account on the Portal. If you are the parent or legal guardian of a minor who is creating an account, you must accept and comply with these Terms of Service on the minor's behalf and you will be responsible for the minor’s actions, any charges associated with the minor’s use of the Portal and/or Services or purchases made on the Portal. If you do not have consent from your parent(s) or legal guardian(s), you must stop using/accessing this Portal and/or Services.
2. USE OF THE PORTAL AND/OR SERVICES
2.1 We grant you a non-transferable and revocable license to use the Portal and/or Services, subject to these Terms of Service, for the purpose of purchasing items and services sold on the Portal. Commercial use or use on behalf of any third party is prohibited, except as explicitly permitted by us in advance. Any breach of these Terms of Service shall result in the immediate revocation of the license granted herein without notice to you.
2.2 Content provided on this Portal is solely for informational purposes. Product representations expressed on this Portal are those of the vendor and are not made by us. Submissions or opinions expressed on this Portal are those of the individual posting such content and may not reflect our opinions.
2.3 Certain services and related features that may be made available on the Portal may require registration or subscription. Should you choose to register or subscribe for any such services or related features, you agree to provide accurate and current information about yourself, and to promptly update such information if there are any changes. Every user of the Portal is solely responsible for keeping passwords and other account identifiers safe and secure. The account owner is entirely responsible for all activities that occur under such password or account. Furthermore, you must notify us of any unauthorized use of your password or account. EMGS shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.
2.4 We may, from time to time and without giving any reason or prior notice, upgrade, modify, suspend or discontinue the provision of or remove, whether in whole or in part, the Portal or any Services and shall not be liable if any such upgrade, modification, suspension or removal prevents you from accessing the Portal or any part of the Services.
2.5 We reserve the right, but shall not be obliged to:
(a) monitor, screen or otherwise control any activity, content or material on the Portal and/or through the Services. We may in our sole and absolute discretion, investigate any violation of these Terms of Service contained herein and may take any action it deems appropriate;
(b) prevent or restrict access of any an authorised student to the Portal and/or the Services;
(c) report any activity it suspects to be in violation of any applicable law, statute or regulation to the appropriate authorities and to co-operate with such authorities; and/or
(d) to request any information and data from you in connection with your use of the Services and/or access of the Portal at any time and to exercise our right under this paragraph if you refuse to divulge such information and/or data or if you provide or if we have reasonable grounds to suspect that you have provided inaccurate, misleading or fraudulent information and/or data.
2.6 Third Party Vendors: You acknowledge that parties other than EMGS (i.e. Third Party Vendors) list and sell Products on the Portal. Whether a particular Product is listed for sale on the Portal by EMGS or a Third Party Vendor may be stated on the webpage listing that Product. For the avoidance of doubt, each agreement entered into for the sale of a Third Party Vendor’s Products to a Customer shall be an agreement entered into directly and only between the Third Party Vendor and the Customer. You further acknowledge that Third Party Vendors may utilise paid services offered by EMGS to occupy certain product listings slots within your search results on the Portal.
3. TRADEMARKS AND COPYRIGHTS
3.1 All intellectual property rights, whether registered or unregistered, in the Portal, information content on the Portal and all the website design, including, but not limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software (collectively referred to as “Intellectual Property”) shall remain our property or where applicable, our affiliates or third party intellectual property owners. The entire contents of the Portal also are protected by copyright as a collective work under Malaysia copyright laws and international conventions. All rights are reserved.
3.2 No part or parts of the Portal may be reproduced, reverse engineered, decompiled, disassembled, separated, altered, distributed, republished, displayed, broadcasted, hyperlinked, mirrored, framed, transferred or transmitted in any manner or by any means or stored in an information retrieval system or installed on any servers, system or equipment any Intellectual Property without our prior written permission or that of the relevant Intellectual Property owners. No party accessing the Portal shall claim any right, title or interest therein. Permission will only be granted to you to download, print or use the Intellectual Property for personal and non-commercial uses, provided that you do not modify the Intellectual Property and that we or the relevant copyright owners retain all copyright and other proprietary notices contained in the Materials.
4. Our limitation of responsibility and liability
4.1 The Portal and all data and/or information contained therein and/or the Services are provided on an “as is” and “as available” basis without any warranties, claims or representations made by EMGS of any kind either expressed, implied or statutory with respect to the Portal and/or the Services, including, without limitation, warranties of non-infringement of third party rights, title, merchantability, satisfactory quality or fitness for a particular purpose. All data and/or information contained in the Portal and/or the Services are provided for informational purposes only.
4.2 Without limiting the foregoing, EMGS does not warrant that the Portal and/or the Services or the functions contained therein will be available, accessible, uninterrupted, timely, secure, accurate, complete or error-free, that defects, if any, will be corrected, or that this Portal and/or the server that makes the same available are free of viruses, clocks, timers, counters, worms, software locks, drop dead devices, trojan-horses, routings, trap doors, time bombs or any other harmful codes, instructions, programs or components.
4.3 EMGS and all of its respective officers, employees, directors, agents, contractors and assigns shall not be liable to you for any losses whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly in connection with:
(a) any access, use and/or inability to use the Portal or the Services;
(b) reliance on any data or information made available through the Portal and/or through the Services. You should not act on such data or information without first independently verifying its contents;
(c) any system, server or connection failure, error, omission, interruption, delay in transmission, computer virus or other malicious, destructive or corrupting code, agent program or macros; and
(d) any use of or access to any other website or webpage linked to the Portal, even if we or our officers or agents or employees may have been advised of, or otherwise might have anticipated, the possibility of the same.
4.4 Any risk of misunderstanding, error, damage, expense or losses resulting from the use of the Portal and/or Services is entirely at your own risk and we shall not be liable therefore.
5. HYPERLINKS
5.1 For your convenience, we may include hyperlinks to other websites or content on the Portal that are owned or operated by third parties. Such linked websites or content are not under our control and we are not liable for any errors, omissions, delays, defamation, libel, slander, falsehood, obscenity, pornography, profanity, inaccuracy or any other objectionable material contained in the contents, or the consequences of accessing, any linked website. Any hyperlinks to any other websites or content are not an endorsement or verification of such websites or content and you agree that your access to or use of such linked websites or content is entirely at your own risk.
6. APPLICABLE LAW AND JURISDICTION
6.1 These Terms of Service and/or other EMGS Terms and Conditions shall be interpreted and governed by the laws in force in Malaysia. Subject to the section on Arbitration below, you hereby agree to submit to the jurisdiction of the Courts of Malaysia.
7. ARBITRATION
7.1 Any controversy, claim or dispute arising out of or relating to these Terms of Service and/or other EMGS Terms and Conditions or the breach, termination or invalidity thereof shall be referred to and settled by arbitration in accordance with the Arbitration Rules of the Asian International Arbitration Centre (“AIAC”) held in Kuala Lumpur, Malaysia. The arbitral tribunal shall consists of a sole arbitrator who is legally trained and who has experience in the information technology field in Malaysia and is independent of either party. The place of arbitration shall be Malaysia. Any award by the arbitration tribunal shall be final and binding upon the parties.
7.2 Notwithstanding the foregoing, EMGS reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
8. TERMINATION
8.1 In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate or revoke any or all of your rights granted under these Terms of Service and/or other EMGS Terms and Conditions. Upon any termination of these Terms of Service and/or other EMGS Terms and Conditions, you shall immediately cease all access to and use of the Portal and/or Services and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Portal and/or Services in whole or in part. Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. You furthermore agree that EMGS shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the Portal and/or Services or with any terms, conditions, rules, policies, guidelines, or practices of EMGS, in operating the Portal and/or providing Services, your sole and exclusive remedy is to discontinue using the Portal and/or the Services.
TERMS AND CONDITIONS OF SALES & SERVICES
1. Interpretation
1.1 In these T&C:
"Student", “you”, “user” or “customer” means the person who purchases telecommunication prepaid starter pack or sim pack, top up prepaid credits, prepaid plan or package on the Portal;
"T&C" mean these Terms and T&C of Sales & Services;
"Contract" means the contract formed when Seller accepted the order placed by Student on the Portal for the purchase of Items sold by Seller;
"Starter Pack" means the prepaid sim pack made available for sale on the Portal, including any parts for them;
“EMGS” “we”, “us” or “our” means Education Malaysia Global Services (Company No.: 986610-U), a company incorporated in Malaysia and having its registered address at No 43-2, Plaza Damansara, Jalan Medan Setia 1, Bukit Damansara 50490, Kuala Lumpur;
“EMGS Terms and Conditions” means these Terms and Conditions of Sales & Services and all other terms and conditions and policies pertaining to the use of the Portal and/or the Services;
“Portal” means the Experience Education Malaysia Portal;
“Vendor” means a telecommunication provider which uses the Portal and/or Services to sell items & services to the Student, and includes a Third Party Vendor. EMGS may also be a “Seller” for selected items;
“Services” means the use of any services, information and functions made available by EMGS at the Portal;
“Third Party Vendor” means a service provider which uses the Portal and/or Services to sell services to the Student, and excludes EMGS; and
"Writing" includes electronic mail facsimile transmission and any comparable means of communication.
1.2 Any reference in these T&C to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.
1.3 Any references to “EMGS” in these T&C refer to both EMGS’s actions on its own behalf as Seller and/or as the operator of the Portal and/or as the agent of Third Party Vendors as Sellers in respect of each and every Contract.
1.4 The headings in these T&C are for convenience only and shall not affect the interpretation of any parties.
2. Basis of the Contract
2.1 The Portal provides a place and opportunity for the sale of Items between the Student and the Seller (collectively “Parties”). The identity of the Seller for a particular Items listed for sale on the Portal, be it EMGS or a Third Party Vendor, may be stated on the webpage listing such Items.
2.2 Where the Student has placed an order on the Portal for the purchase of Items sold by EMGS and EMGS has accepted the same, this shall constitute a Contract entered into directly between the Student and EMGS. On the other hand, where the Student has placed an order on the Portal for the purchase of Items sold by a Third Party Vendor and the said Third Party Vendor has accepted the same, this shall constitute a Contract entered into directly between the Student and the Third Party Vendor. Where the Contract is entered into directly between the Student and a Third Party Vendor, EMGS is not a party to the Contract or any other Contract between the Student and Third Party Vendor and accepts no obligations in connection with any such Contract. Parties to such contracts shall be entirely responsible for the Contract between them, the listing of Items, warranty of purchase and the like.
2.3 Any typographical clerical or other error or omission in any quotation, invoice or other document or information issued by EMGS in its website shall be subject to correction without any liability on the part of EMGS.
3. Orders and Specifications
3.1 The Student may purchase Items by placing and completing the order form on the Portal and shall be responsible for ensuring the accuracy of the order. All orders shall be subject to Seller’s acceptance in their sole discretion and each order accepted by the Seller shall constitute a separate Contract and shall be deemed to be irrevocable and unconditional upon transmission through the Portal. EMGS shall be entitled (but not obliged) to process such orders without further consent from the Student. Nevertheless, you may request to cancel or amend the order which EMGS shall endeavour (but not obliged) to give effect to on a commercially reasonable effort basis.
3.2 Order acceptance and completion of the Contract between the Student and Seller will only be completed upon the Student’s arrival at KLIA or Klia2 or at the designated point of collection, collect sim pack, register & activate sim pack and/or top up prepaid credits. For the avoidance of doubt, EMGS shall be entitled to refuse or cancel any order without giving any reasons for the same to the Student prior to issue of the confirmation of purchase. EMGS shall furthermore be entitled to require the Student to furnish EMGS with contact and other verification information, including but not limited to address, contact numbers, facial recognition prior to issuing a confirmation of purchase.
3.3 No concluded Contract may be modified or cancelled by the Student except with prior written consent from EMGS and on terms that the Student shall indemnify EMGS in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by EMGS as a result of the modification or cancellation, as the case may be.
4. Price
4.1 The price of the Items shall be the price stated on the Portal at the time which the Student places and completes the order form on the Portal. The price includes any applicable sales and services tax, value added tax or similar tax which the Student shall be liable to pay to EMGS in addition to the price,
4.2 In the event that a Items has been mispriced on the Portal, the Seller reserves the right to terminate the Contract, in which EMGS shall, on behalf of Seller (where Seller is a Third Party Vendor), notify the Student of such cancellation by giving three days’ notice. The Seller shall have such right to terminate the Contract notwithstanding that payment has been charged to Student.
5. Terms of Payment
5.1 The Student shall be entitled to make payment for the Items using the various payment methods made available on the Portal. When Student places an order on the Portal, actual payment shall be only charged upon Seller’s acceptance of Student’s order and the formation of a Contract. All payments shall be made to EMGS, either accepting payment in its own right or as Seller’s agent (where Seller is a Third Party Vendor). Student acknowledge that EMGS is entitled to collect payments from Student on behalf of Third Party Vendors.
5.2 The terms and conditions applicable to each type of payment, as prescribed by EMGS on the Portal, shall be applicable to the Contract. The payment methods may also be subject to the following terms:
5.2.1 Credit Card
Credit card payment option is available for all Students. EMGS accepts all Visa and MasterCards credit cards and is 3D Secure enabled (verified by Visa and secured by MasterCard). All credit card information of Students are protected by industry leading encryption standards.
Please take note that additional charges may be incurred if Student is using a non-Malaysian issued card due to foreign exchange rates.
5.2.2 Debit Cards
EMGS accepts all Malaysian Visa and MasterCard debit cards, subject to bank availability. All debit card numbers shall be protected by industry leading encryption standards.
5.2.3 Online Banking
By choosing this payment method, the Student shall transfer the amount of the total purchase price for the Items purchased by Student to an EMGS account (including any applicable taxes, fees and other costs). The transaction must be payable in Ringgit Malaysia. EMGS, in its sole discretion, may refuse this payment option service to anyone or any student without notice for any reason at any time.
6. Method of Delivery
6.1 Upon prior online purchase of sim pack and top up amount, the product shall be delivered at ISAC (International Student Arrival Centre) Counter located at KLIA 1 & KLIA 2 Airport. Sim pack registration, activation and credit prepaid top up will be assisted by ISAC personnel.
6.2 Student is required to download U Mobile phone application in order to complete the process.
6.3 User Prepaid Sim pack and prepaid top up process overview:
6.3.1. User to choose your mobile sim pack plans, prepaid top up amount and desired phone number on Experience Education Malaysia Portal (https://experience.educationmalaysia.gov.my/);
6.3.2. User to purchase and make payment online;
6.3.3. Upon user’s arrival at KLIA 1 or KLIA 2 Airport, to redeem / collect sim pack at ISAC (International Student Arrival Centre) Counter located at KLIA 1 & KLIA 2 upon arrival;
6.3.4. User to register, activate sim pack and top up prepaid credits with our ISAC Personnel's assistance. You may refer to the following link for the Guidelines on Registration of End-Users of Prepaid Public Cellular Services:-
https://www.mcmc.gov.my/skmmgovmy/media/General/pdf/Prepaid-Registration-Guidelines-MCMCG0117.pdf
6.3.5. User to be connected and start using the service.
6.2 EMGS has the right at any time to sub-contract all or any of its obligations for the sale/delivery of the Items to any other party as it may from time to time decide without giving notice of the same to the Student.
6.3 The time for collection/performance shall not be of the essence, and EMGS shall not be liable for any delay in collection or performance howsoever caused.
7 Risk and property of the Items
7.1 Risk of damage to or loss of the Items shall pass to the Student at the time of collection or if the Student wrongfully fails to collect the Items, the time when EMGS has tendered collection of the Items.
7.2 Until such time as the property in the Items passes to the Student, the Student shall hold the Items as EMGS's fiduciary agent and bailee and shall keep the Items separate from those of the Student.
7.3 The Student shall indemnify EMGS against all loss damages costs expenses and legal fees incurred by the Student in connection with the assertion and enforcement of EMGS's rights under this condition.
8. Termination, Cancellation and Refund
8.1 Student may terminate the Contract by Request Cancellation, under the situation where as below:
8.1.1 Arrival delayed due to Malaysia immigration Department policy changes; and
8.1.2 Student not able to redeem / collect sim pack at sim pack point of collection.
8.2 Such cancellation request will be subject upon to EMGS jurisdiction on timeline and approval discretion. Upon approval or decline on of the cancellation request, Student will receive an email notification or alternatively, Student may login and to the Portal to check their status in the portal.
8.3 In the event when a cancellation request is approved, refund request process will start where after Student will be required to fill in and submit a refund application form to EMGS. Such refund request will be subject upon to EMGS jurisdiction on timeline and approval discretion. Student might may be contacted by EMGS to provide any further documentations and proof during the process. Upon approval or decline on the cancellation request, student will receive email notification or student may login and check status in the Portal.
8.4 Refund payment will may take up to 45 working days upon refund request approved by EMGS approval and will be subjected to local bank’s procedures processing time.
8.5 Refund charges (if any) shall be borne by student.
8.6 For unsuccessful cancellation or refund request, student may submit the cancellation or refund application form again. Alternatively student may contact EMGS at experience@educationmalaysia.gov.my for further assistance.
8.7 Student who failed to update the accurate arrival information when clicking on ‘Confirm Travel’ button in the Experience Education Malaysia (the Portal), in not less than 24 hours prior to arrival; or
8.8 Collection sim pack after the student pass expiry date; or
8.9 Student fail to adhere to any government policy/regulations and EMGS requirements.
9 DISCLAIMER
9.1 Students are required to, at all times update their latest and accurate flight and arrival details on Experience Education Malaysia Portal (https://experience.educationmalaysia.gov.my/) in not less than 24 hours prior to actual arrival. EMGS will not be responsible and liable for any unsuccessful sim pack collection, registration and activation due to inaccurate arrival details provided by customers.
9.2 All sim pack numbers are subject to availability and subject to change by the telecommunication providers, and EMGS reserves the right to make adjustments at all times.
9.3 All product promo and pricing are subject to change by the telecommunication providers, and EMGS reserves the right to make adjustments to promo/product and service pricing at all times for reasons including, but not limited to, changing market conditions, promo / product discontinuation, restricted product / promo availability, telecommunication providers price changes and errors in advertisements. All orders are subject to promo / product availability upon sim pack collection, registration and activation at the designated point of collection and EMGS will not be liable for any delays associated with product availability.
9.4 These T&C should be read together as an integral part of prepaid service terms and conditions of telecommunications service providers and its relevant addendum as per link below:
a) For UMobile : https://www.u.com.my/en/personal/support/terms-conditions/prepaid
