User Agreement

  1. INTRODUCTION
    The GetFi Mobile Prepaid Mobile Service ("the Service") is brought to you by GetFi Network Sdn Bhd (1187953-K). The Service is subject to all the terms and conditions provided by GetFi Mobile ("the Terms") which may be found on GetFi Mobile's official website at www.GetFi.com.my or in any other form or manner as and when provided by GetFi Mobile. The Terms are subject to amendments, revocations, variations or modifications at anytime and in whatsoever manner by GetFi Mobile without any reason or any prior notice. By your subscription and/or use of the Service, you acknowledge, represent and agree that you have at all times read, fully understood, accepted and agreed to be bound by the Terms. Further, you undertake to review GetFi Mobile's website or any materials provided by GetFi Mobile on a regular basis for any amendments.

  2. COMMENCEMENT
    Your agreement with GetFi Mobile commences from the date of activation of the SIM card and Your Account. The provisions on activation of the SIM card and Your Account is contained in Clause 4 below.

  3. YOUR OBLIGATIONS AND UNDERTAKINGS
    The Service is available and provided to you only when you shall have complied with obligations and undertakings below at all times:-
    1. AGE. You are not below the age of 12 for purpose of registration as end-user under Clause 3.2 below.
    2. REGISTRATION. You are successfully registered as end-user of prepaid public cellular services under the provisions and guidelines issued by Malaysian Communications and Multimedia Commission ("MCMC"). You have provided valid and accurate information for registration and shall update GetFi Mobile immediately on any changes to the information you have provided. You have also consented to GetFi Mobile to verifying the information you have provided with any third party without any prior notice.
    3. TERMS. You have at all times acknowledge and represent that you have read, fully understood, accepted and agreed to be bound by the Terms and that GetFi Mobile has the right and discretion to amend, revoke, vary and modify the Terms at any time and in whatsoever manner. Further, you undertake to review GetFi Mobile's website or any materials provided by GetFi Mobile regularly for any amendments, revocations, variations or modifications of the Terms made by GetFi Mobile at anytime and in whatsoever manner.
    4. DEVICE. You shall obtain and use compatible devices to access to the Service.
    5. CHARGES. Your subscription and use of the Service is subject to charges and/or any rates chargeable there under as provided at GetFi Mobile's official website. You are liable to account for all the  charges, rates chargeable and government taxes levied and applicable arising from your subscription and/or use of the Service, including any use, whether with or without your authorization or your knowledge. GetFi Mobile reserves all rights to change, vary, revoke or suspend any charges or rates under the Service.
    6. MOBILE NUMBER. In accordance with the provision issued by MCMC, you shall not obtain any proprietary rights in the mobile number provided by GetFi Mobile to you. Therefore, you shall not charge, sell, auction, trade any mobile number provided to you by GetFi Mobile. Any request on transfer or assignment of mobile number from you to another third party within the Service is subject to the consent by the receiving third party in addition to he consent and requirements imposed by GetFi Mobile. Further, GetFi Mobile is under no obligation to accept a request for transfer or assignment without providing any reason whatsoever. GetFi Mobile reserves all rights to cancel and suspend the mobile number provided to you by GetFi Mobile due to your breach of the Terms or for purposes of complying with the laws or decisions of MCMC. 
    7. SIM CARD. GetFi Mobile is the owner of the SIM card granted to you at all time. You shall take responsible and care over use of the SIM card. There shall be charges for any replacement of damaged or loss SIM card. The SIM card shall not be transferred or assigned to any third party except with consent of GetFi mobile.
    8. ACTIVATION. You shall activate the SIM card granted to you by GetFi Mobile upon subscription and within the period prescribed by GetFi mobile. 
    9. USE. You shall subscribe and use the Service for your own and personal use only. Further, you shall use the Service responsibly and in compliance with the Terms. You shall not transfer or assign your rights to use of the Service except with consent from GetFi Mobile. You shall not authorize use of the Service to third party except under your care, supervision and control.
    10. CONTENT OF COMMUNICATION. You shall not transmit or disseminate or cause to be published through the Service any content which is indecent, obscene, violent, false, menacing or offensive in character with intent to annoy, abuse, threaten or harass any person and ensure that any such content does not include anything which is unlawful; inciting or perpetrating an unlawful purposes; against public interest, public order and national harmony; or in breach of any Intellectual Property Rights, confidential rights or any other rights of any person. You shall solely and exclusively be responsible and liable for any content transmitted or disseminated or caused to be provided through your use or any manner deemed use by you of the Service. 
    11. LAWS. You shall observe and comply at all times and in all manner, any laws of Malaysia. 
    12. OUR INSTRUCTION AND DIRECTION. You shall observe and comply with all instructions, notices and directions issued by GetFi Mobile from time to time.
    13. INDEMNITY. You shall indemnify or caused to be indemnified GetFi Mobile against any loss, damage, costs, expenses or personal injury arising from your use of the Service or your breach of the Terms including but not limited to any actions taken by GetFi Mobile to enforce the Terms against you. 
    14. NOTIFY US. You shall report to GetFi Mobile or lodge a police report with a certified true copy report duly provided to GetFi Mobile should you discover and know of any conduct which is in nature a criminal, unlawful, infringement, fraudulent, defamatory, unauthorized acts or omissions committed or carried out through use of Your Account under the Service. 

  4. PREPAID MOBILE PLAN
    1. TIME TO ACTIVATE SIM CARD AND ACCOUNT. Your account will be activated and maintained by GetFi Mobile in respect of your use of the Service ("Your Account") from the date of your application for registration as end-user ("Activation"). The Activation of the SIM card simultaneously activates Your Account. 
    2. ACTIVE ACCOUNT. Your Account shall be active for 30/45 days from the date of Activation, according to the tariff plan of the SIM Card. 
    3. AIRTIME USE AND RELOAD. During the period when Your account is Active, you may use the airtime available in Your Account and Reload airtime, as and when as you wish. 
    4. EXTENDING YOUR ACTIVE ACCOUNT. You may extend and maintain Your Account as active account by performing reloading of Airtime. 
    5. INACTIVE ACCOUNT. If you do not Reload the Airtime under your account before of credit validity period, your account will automatically be rendered "inactive" for 30 days. An inactive account is however not a "terminated account" since an account is not terminated until and unless in accordance with Clause 4.8 below. During this period, you will still be able to receive calls and SMS on Your account.
    6. REACTIVATING WHEN ACCOUNT IS INACTIVE. When Your Account is inactive by reason stated in Clause 4.5 above, you may reactivate Your Account by Reloading the Airtime at any time during the 30 days period when Your Account is inactive.
    7. SUSPENDED ACCOUNT. If you fail to Reload during the period when Your Account is inactive, Your Account will be suspended for 15 days. During this period, you will not be able to receive any calls or SMS with Your Account. If you do not reactive Your account during this period, it will be automatically terminated.
    8. TERMINATION OF ACCOUNT. If you fail to Reload during the period when Your Account is suspended, Your Account will automatically be terminated upon expiry of the 15 days period of Your Suspended Account. 
    9. CONSEQUENCE OF TERMINATION. Upon termination of Your Account, 
      1. all unused Airtime shall be forfeited and there shall be no refund or redeemable for cash or any other means for any unused Airtime. 
      2. any terminated account cannot be reactivated or reinstated. If you wish to continue use of the Service provided by GetFi mobile, you may subscribe for a fresh account with GetFi mobile. 
    10. RELOAD VOUCHER. All Reload Vouchers are issued with an individual and separate expiry date. No Reload Voucher or the value there in shall have any effect or useable or returnable or redeemable for cash upon expiry. Further, no Reload Voucher or the Airtime thereof shall be refundable, transferable or redeemable for cash. GetFi Mobile shall not be liable for any loss or damage due to errors in Reloading or misuse or damage of the Reload Voucher caused by you. 
    11. USE OF YOUR INFORMATION. By your provision of your personal information to GetFi mobile, you have given consent to GetFi Mobile to collect, record, hold, store and disclose your personal information which is incidental, necessary or related to provision of the Service to you, including those for commercial, technical and operational purposes under the Service in accordance with our Privacy Policy found on GetFi mobile's official website. 
    12. CHARGES, RATES AND TAXES. You are agreeable and liable to all the charges, rates and government taxes levied and applicable arising from your subscription and/or use of the Service, including any use, whether with or without your authorization or knowledge. GetFi Mobile reserve all rights to amend, vary, revoke or suspend any charges or rates under the Service.

  5. MOBILE NUMBER PORTABILITY ("MNP")
    1. RECOGNITION.GetFi Mobile recognizes the mobile service user's ability to transfer from the Service provided by GetFi Mobile to services provided by other mobile service provider (porting out) and the user's ability to transfer from the services provided by other mobile service provider to the Service provided by GetFi Mobile (porting in) while retaining the existing mobile number, in either case, subject to any terms and conditions, provisions and guidelines provided by MCMC.
    2. PORTING OUT. If you are porting out from the Service provided by GetFi mobile, you are required to make a porting request with your new mobile service provider and shall subject amongst others to the following:-
      1. you are the valid registered holder of the mobile number in which you are making the porting out request;
      2. the mobile numbers must be in the range of mobile numbers as approved by MCMC from time to time; 
      3. the Mobile Numbers eligible for porting is an active number and have not been suspended, terminated, blacklisted on the defaulter's database and/or barred. 
      4. satisfaction of existing terms and conditions for registration with your new prospective mobile service provider; 
      5. satisfaction of all the terms and conditions, provisions and guidelines issued by MCMC or any bilateral agreement between GetFi Mobile and your prospective new mobile service provider (if any); 
      6. your acknowledgement and understanding that only the mobile number and not the Service may be ported; 
      7. there is no reasons or basis for GetFi Mobile to submit prescribed rejection codes (although you may receive the information regarding the rejection reason) based on incorrect information of party; non fulfilment of contact obligations; account overdue; some or all lines numbers under the porting out request do not belong to you; some or all numbers under the porting out request is not in service; non-compliance with the "port all or nothing at all" principle; Airtime limit has been exceeded; and your numbers are disconnected; 
      8. payment of non-refundable prescribed fees for Porting; 
      9. upon successful porting out, the SIM card provided by GetFi Mobile shall be deactivated and the Service provided GetFi Mobile shall be terminated; 
      10. all the consequences of termination stated in Clause 4.9 above.
    3. PORTING IN. If you are porting into the Service provided by GetFi mobile, you are required to make a porting in request with GetFi Mobile and shall subject amongst others to the following:-
      1. you are the valid registered holder of the mobile number in which you are making the porting in request;
      2. the mobile numbers must be in the range of mobile numbers as approved by MCMC from time to time;
      3. the Mobile Numbers eligible for porting is an active number and have not been suspended, terminated, blacklisted on the defaulter's database and/or barred.
      4. satisfaction of existing terms and conditions for registration with GetFi Mobile and you shall have also successfully subscribe to the Service provided by GetFi Mobile and subject to the Terms; 
      5. satisfaction of all the terms and conditions, provisions and guidelines issued by MCMC or any bilateral agreement between GetFi Mobile and your previous/current new mobile service provider(if any); 
      6. your acknowledgement and understanding that only the mobile number and not the service under your previous/current mobile service provider may be ported; 
      7. there is no reasons or basis for your previous/current mobile service provider to submit prescribed rejection codes (although you may receive the information regarding the rejection reason) based on that incorrect information of party; non fulfilment of contact obligations; account overdue; some or all lines numbers under the porting in request do not belong to you; some or all numbers under the porting in request is not in service; non-compliance with the "port all or nothing at all" principle; Airtime  limit has been exceeded; your numbers are disconnected; and
      8. payment of non-refundable prescribed fees for Porting; 
      9. upon successful porting in, the SIM card provided by your previous/current mobile service provider shall be deactivated and the service under the same shall be terminated. Such termination may result in forfeiture of your Airtime or airtime with your previous/current mobile service provider and GetFi Mobile are not responsible for any loss or damage arising for your request to port in the Service. 
      10. acknowledges that GetFi Mobile has never guarantee or warrant the success in your request to port in the Service. Further, you shall indemnify GetFi Mobile for any losses, damages, costs, expenses or personal injuries arising from your request to Port in the Service.

  6. TERMINATION
    GetFi Mobile reserves all rights to withdraw, terminate, vary, modify or revoke Your Account at any time without any reason or prior notice.

  7. MISCELLANEOUS
    1. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the Parties with respect to the subject matter hereof, supersedes all previous agreements and understandings between the Parties, and may not be varied or altered except in writing duly signed by both Parties hereto. 
    2. SEVERANCE. If any provision of this Agreement is held to be illegal or invalid under any applicable law, that provision shall be fully severable and this Agreement shall be construed as if that provision had never comprised a part of this Agreement and the remaining provisions of this Agreement shall remain in full force and effect and shall not be affected by that provision or by its severance from this Agreement. 
    3. ASSIGNMENT. The rights and obligations under this Agreement shall not be assigned to anyone unless with approval and consent from GetFi mobile. 
    4. WAIVER AND INDULGENCE. Failure or delay by GetFi Mobile to enforce at any time any provision of this Agreement or any indulgence or extension of time given by GetFi Mobile to you shall not be construed as a waiver of GetFi mobile's right to the enforcement of such provision or as a waiver of any continuing, succeeding or subsequent breach of any such provision of this Agreement or any other provision of this Agreement or as a waiver of any rights hereunder. 
    5. APPLICABLE LAW AND JURISDICTION. This Agreement shall be governed by and construed in accordance with the laws of Malaysia. Both you and GetFi Mobile submit to the exclusive jurisdiction of the Courts of law in Malaysia. 

  8. DEFINITIONS
    1. The following word(s) in the Agreement shall have the following meaning:-
      1. "Account" means Your account, including any Airtime and your personal account details maintained by GetFi Mobile in respect of your use of the Services; 
      2. "Airtime" means the allowance granted by GetFi Mobile to the you which enable you to make calls / SMS and surf the internet; 
      3. "Active" means when your Prepaid account is able to make or receive calls / SMS and surf the internet; 
      4. "Activation" means your account has been successfully registered and changed to active status within the prescribed period; 
      5. "Inactive" means your Prepaid account is unable to make any calls / SMS and surf the internet, but able to receive calls / SMS; 
      6. "Suspended" means your Prepaid account is unable to make and receive and calls / SMS, and unable to surf the internet 
      7. "law" means any applicable laws and shall be construed to mean all laws of Malaysia (including but without limitation to primary legislations, secondary legislations, regulations, decrees, orders, directions, declarations, determination, instructions or guidelines, code of conduct as may be issued by the relevant regulatory authority in particular amongst others the Malaysian Communication and Multimedia Commission, as are applicable to the business, administration, operations, management or otherwise affairs of the Parties; 
      8. "Mobile Number" means an MSISDN associated with a SIM Card granted by GetFi Mobile to you based on the assignment granted by MCMC; 
      9. "Mobile Number Portability" means the ability for end users to change from one mobile service provider to another while retaining their Mobile Number; 
      10. "Related Corporation and Affiliates" means a direct or indirect holding company of GetFi Network, a subsidiary of GetFi Network or an subsidiary of a holding company of GetFi Network or GetFi Network group of companies; 
      11. "Reload" means when you top up Your account with Airtime for the first time or subsequent top ups, by whatever means;
      12. "Reload Voucher" means a prepaid voucher, whether in material or electronic form or otherwise, sold by GetFi Mobile or any person on our behalf to you which carries unused call Airtime; 
      13. "Service(s)" means the prepaid mobile services and all related value added, supplemental or additional Services to be provided by GetFi Mobile to you from time to time; 
      14. "SIM Card" means Subscriber Identity Module which is either a card or plug-in module with a microchip which contains all your necessary information. The SIM Card has to be inserted into the mobile phone in order for a call to be made; 
      15. "Terminate" means your Prepaid account is closed and unable to be reactivated; 
      16. "GetFi mobile" means GetFi Network Sdn Bhd (1187953-K), a company incorporated under Companies Act 1965 in Malaysia and its Related Corporations or its Affiliates; 
      17. "you" or "your" means you as the person to whom the SIM Card has been issued for the purpose of using the Service in accordance with the Terms and Conditions; 
      18. "Parties" means "you" and "GetFi mobile".
    2. In this Agreement, unless there is something in the subject or context inconsistent therewith:- 
      1. headings, subject headings, underlining and bold words are for convenience and reference only and do not affect the interpretation of this Agreement; 
      2. words importing the singular include the plural and vice versa; 
      3. a reference to any statute, statutory provision, rule, regulation, directive, order or by-law refers to the same as from time to time amended, extended or re-enacted and shall include all subsidiary instruments made thereunder; 
      4.  a party includes, wherever the context permits, that party's legal personal representatives, successors-in-title, permitted assigns, directors, officers, employees, agents and related bodies corporate;
      5.  a 'person' includes any individual, firm, body corporate, government or state, association or partnership (whether or not having a separate legal personality); 
      6. to indemnify shall mean indemnifying GetFi Mobile and keeping GetFi Mobile harmless, from all actions, proceedings, claims, demands and any other legal recourses brought against GetFi Mobile and from all liabilities, damages, losses, compensations, awards, costs, expenses, charges, fines, penalties and outgoings suffered or incurred by GetFi Mobile in respect of the subject matter in which the indemnity is given.