
| WiTalk | |
| “Service” means the fixed telecommunication service provided on Extiva’s network that allows you to make and /or received calls. It also includes the other features and service outlined in the user guide and/or may be added from time to time in the future. | |
| Extiva reserves the right to modify/terminate/suspend/add services in whole or in any time without prior notice. | |
| You are responsible for equipping yourself with all the necessary and compatible software required to utilize any of the service offered. | |
| Extiva may at any time suspend, terminate your WiTalk and bar your access to the Service in the event there is a breach of any term and condition under these Terms and Conditions by you or any other reason whatsoever. | |
| WiTalk | |
| The serial number and PIN of each WiTalk not exchangeable or transferable. | |
| A non-started WiTalk that has passed the expiry date imprinted on it will not be usable and/pr returnable. | |
| ALL WiTalk must be started within Malaysia before the expiry date printed on the WiTalk. | |
| The WiTalk service/account will still be valid for up to 90days upon the expiration of the credit validity period. A Top Up credit must be performed in order to utilize the full service. If no Top Up credit is performed during this 90-day period, the WiTalk service/account shall be terminated after the 90th day and any remaining credit for talktime or any other service or benefit relating to the WiTalk service/account shall be forfeited. | |
| Billing and Charges | |
| You may dial Extiva access number for the latest information about your talktime credit. Extiva shall not be liable for any loss/damage/cost or expenses arising from your failing to do so | |
| Extiva reserves the absolute right to alter any part of the service and/or the pricing structure of the services at any time without prior notice. | |
| WiTalk Prepaid Top-Up Calling Cards | |
| The Top-Up validity of the talktime credit is the period of time between the date of reloading and the stipulated validity period stated on the website whereby you are granted access to the Service. Note: The validity period of Top-Up calling cards purchased from alternate Top-Up channels will be the same as the regular Top-Up calling cards. Every time you top up, your WiTalk will compare the remaining validity period of your existing talktime credit with the validity period of your new Top-Up. The higher of the two validity periods will take effect. |
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| Top-Up calling cards that have passed the expiry date printed on then will not be usable and/or returnable | |
| Top-Up calling cards are not refundable. Any value that has been reloaded is not transferable or refundable. Extiva will not be liable for any loss or damage due to reloading errors caused by the user of the Top-Up calling cards. | |
| Extiva reserves the right to forfeit any remaining talktime credit after the expiry period of the respective validity period | |
| Any Top-Up performed using any of the alternate Top-Up channel outlined in this user guide or via any other channel which may be added from time to time will be subjected to their own respective terms and conditions that are not governed by Extiva. | |
| Value-added Services and Other Benefits/Services/Features | |
| Entitlement for the benefits of programmes requiring registration will be subject to your successful application. | |
| Please ensure that you find out all the terms and conditions of the value-added service/programmes/benefits/features by visiting our website at www.witalk.com.my . Your usage of any part of the Service implies your acceptance of all the terms and conditions of the services, which may be changed from time to time without any prior notice. | |
| General | |
| By providing personal information, you hereby authorize Extiva to utilize and exchange the information at it absolute discretion. | |
| By activating the WiTalk, you shall be deemed to have agreed to these terms and conditions | |
| You shall indemnify and hold Extiva harmless against all claims, proceedings, actions, demands and losses which may arise as a result of you using the Service or any of actions or omissions. | |
| All application taxes, levies and/or duties are payable by you. You must reimburse Extiva on demand for any such expenses, when it is obliged to pay on your behalf. | |
| Any information stipulated in this user guide/ website or any medium, which may be referred to from time to time, will be considered part of the Terms and Conditions as contained herein. | |
| Extiva is not liable to reimburse or compensate you for any damage, cost, expense or loss arising from expiration or the termination of the Top-Up calling cards or WiTalk. | |
| Extiva shall not be liable to you, any third party and/or authorized person claiming through you for any loss caused, damaged incurred whether direct, indirect, special or suffered by any person or any personal property arising from: i) the provision of the Service by Extiva and/or the quality of the Service; ii) the use of the Service by you or by any person authorized by you to use the Service; iii) any interruption to and/or suspension of the Service. |
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Extiva and its offices, employees, agents and subsidiaries shall not be liable for any loss, damage, cost personal injury or expense suffered by you or any third party that arises directly or indirectly as a result of the following: Any act, omission, error, default or negligence on the part of Extiva or its business partners which shall not be limited to partners involved in providing/administering Extiva’s alternate Top-Up channels Any loss, distortion or mutilation of data Unauthorized access or usage of the Service by any third party The unavailability of any part of the Service as a result of communication devices, inter-network or data format incompatibility, or as a result of any issue pertaining to network coverage, the unavailability of the Internet or any other medium related to or required to access or use the services or as a consequence of any other reason whatsoever. The nature, quality and/or effect of the service and/or the related content |
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| Extiva makes no warranty, guarantee or representation, expressed or implied regarding the condition, merchantability, availability or fitness of any part of the Services, any service/equipment provided by any third party that is necessary for the access and/or use of the services or for the Extiva network or that of any other telecommunication service provider. | |
| Any notice which may be given under this Agreement shall be in writing and deemed duly given to the other party if delivered by hand or sent by an ordinary post as, the address of which is communicated to be the other party of his last known address or by electronic means which include sms, email and fax and shall be deemed to have been served at the time when it is delivered by hand and in the ordinary course of post it would have been so delivered by post and if by electronic means it would have been so delivered at the date and time sent. | |
| You agree to fully indemnify Extiva if any fraud, misrepresentation and/or unauthorized or unlawful use of the Service by you, your agents, representatives or employees resulting in any loss, damage, cost or expense to Extiva. | |
| You shall not use, permit or caused to be used the Service improperly or for any activity which breaches any law, infringes a third party’s right or breaches any directive, content requirement or code promulgated by any relevant authority including activities which will require Extiva to take remedial action under any applicable industry code or in a way which interferes with other users or defames, harasses, menaces, restricts/inhibits any other user from using or enjoying the Service. | |
| The laws of Malaysia will govern these Terms & Conditions. | |
| Information is correct at time of printing | |
| In the event of any discrepancies of these terms and conditions in other languages, the version in English shall prevail | |
| Should the Terms and Conditions be updated, please refer to www.witalk.com.my |