POSTPAID PLAN (GENERAL) TERMS & CONDITIONS

 

INTERPRETATION

“Account” – means an account opened for the Subscribers with XOX, subscribing to the Service where we record your credit, charges, and personal details.

“Active” – means the point in time when the said Service is activated in the XOX System and Subscribers may continue to use the Service up to the value of the airtime credit in your Account and your Account will be maintained until the expiry date.

“Agreement” – means the completed registration Form submitted by the Subscriber for Service and accepted by XOX including any Addendum, subsequent supplements issued by XOX in accordance with these Terms and Conditions, and these Terms and Conditions.

“Amount Due” – refers to the amount payable to XOX.

“Approved Use” – means the warranted, approved and/or sanctioned use of the Services.

“Barred” – refers to the status of Subscribers’ Account, where they can receive incoming calls and SMS, but unable to access data Service and/or make outgoing calls and/or send SMS.

“Blocked” – refers to the status of Subscribers’ Account, where they are unable to access data Service, make/receive outgoing/incoming calls and send/receive SMS except for automated SMS from XOX.

“Content” – means information, data, communications, images and sounds, software or any other material contained on or available through the Services.

“Charges” – any amount due and payable to XOX.

“Deposit” – means the refundable account deposit payable by the Subscriber as security for the payment of Monthly Charges and/or any part thereof.

“Device”, “Devices” –refers to any mobile device used by the Subscriber to access the Service for personal voice, text and mobile data usage and excludes any device or equipment not intended for mobile communication use such as but not limited to modems, routers, MIFI devices, desktop devices, customer-premise equipment (“CPE”), and any similar fixed or semi-fixed devices or equipment of a similar nature.

“Embedded SIM”, “eSIM” – an embedded SIM in a Device, where information is updated wirelessly enabling a MSISDN without the need of a physical SIM Card.

“Fair Usage Policy” or “FUP” - means XOX’s Fair Usage Policy as published on XOX’s official website, as amended from time to time, which forms an integral part of this Agreement.

“Form” – refers to the template to obtain personal and relevant information from the Subscribers to XOX signed by the Subscribers and accepted by XOX including all unilateral amendments, variations, additions and/or deletions.

“Force Majeure Event” - means any event that is beyond the reasonable control of a Party, including without limitation any labour controversy (including but not limited to threatened or actual lockout, boycott or strike), governmental or quasi-governmental legislation, action, regulation or order, ruling by any judicial body, decision by any other relevant authority (including without limitation any sports federation or events rights holder), riot, civil disturbance, war or armed conflict (or threats thereof), terrorist act or threat of terrorism, period of mourning as a result of the death of the reigning monarch, act of God, accident, earthquake, heavy rain leading to flooding, fire, unusual or adverse atmospheric conditions, unfavourable transmission conditions, disease, epidemic or pandemic (including without limitation H1N1 swine flu, H5N1 bird flu, SARS-CoV-2 or other similar virus), explosion, casualty, delay or failure of any transport provider, delay or failure or loss of any utilities or facilities provider or any other event similar or dissimilar to the foregoing for a continuous period of three (3) months.

“Intellectual Property Rights”, “IP Rights” – refers to the general term for the assignment of property rights through patents, copyrights, and trademarks.

“Materials” means all promotional, marketing, advertising, branding, sales and point-of-sale materials relating to the Products and Services, whether in physical or digital form, including POSM, advertisements, social media content, visuals, logos, communications and any other materials approved or issued by XOX from time to time.

“MCMC” – means the Malaysian Communications and Multimedia Commission established under the Malaysian Communications and Multimedia Commission Act 1988 including any amendments thereto.

“Mobile Station International Subscriber Directory Number” or “MSISDN” – refers to the number used for the international identification of mobile phone numbers.

“Network” – means the mobile telecommunications system and/or network facilities run by us to enable the provision of the Service to Subscribers.

“Network Management” – means the practices or measures taken by XOX to manage network allocation, including but not limited to traffic prioritisation, speed management, data staging, and congestion control.

“Plan(s), “Postpaid Plan” – refers to Subscribers’ Postpaid plan from the plans available.

“Port”, “Porting” – refers to the transfer of the Subscriber’s mobile number from one mobile service provider to another.

“Promotion” – means any promotional package, bundled deal, rebate, incentive, discount, campaign, special offer, or value-added benefit offered or made available by XOX from time to time, whether directly or in collaboration with third parties, and subject to such specific terms and conditions as may be expressly issued or approved in writing by XOX

“Quota” – refers to the monthly Service entitlement of the Subscriber’s Postpaid plan.

“Services” – refers to the mobile telecommunication services including calling, texting and data service, or any other product or services under XOX Postpaid rendered XOX at this current time or in the future and includes, where applicable, the value-added services.

“Subscriber Identification Module Card” or “SIM Card” – means the microprocessor card provided by XOX which is inserted in the mobile Device and contains a Personal Identification Number (PIN) access into the Service. The definition of SIM Card will include Supplementary SIM Card(s) where applicable.

“Subscriber”, “Subscribers”, “his”, “her”, “they”, “their”, “you”, “your”, “yours” – means the person authorised for using the Service subject to the terms and conditions herein and/or an entity of whatsoever description including, but not limited to, a sole proprietorship, a partnership, a body corporate or otherwise governmental bodies and agencies of any kind established under the laws, rules and/or regulations of its domicile for the time being in force and which may come in.

“Terminate” or “Terminated” – means the status where the Subscriber’s Account is no longer active. The Subscriber will not be able to obtain the same mobile number (MSISDN) and any remaining credit, data, Talk Time, SMS, XOX Wallet credit and any other service or benefit or applicable freebies remaining and/or relating to the account shall be forfeited.

“Terms and Conditions” – refers to these terms and conditions.

“XOX”, “we”, “us”, “our(s)”, “its” – means XOX DIGITAL Sdn Bhd (Registration No. 200701005355 (763354-U)) and includes its respective affiliates, subsidiaries, parent companies, and any other entities within their corporate group.

“XOX Online Store” – refers to XOX’s Official Online Store at XOX Online Store.

“XOX Service Centre”, “Service Centre” – refers to XOX’s Official Service Centres.

“XOX Self Care”, “Self-Care” – refers to the XOX Official Self-Care Portal at XOX Self Care.

 

GENERAL

1.1.    The Services are made available to the Subscriber(s) by XOX subject to these general terms and conditions and the specific terms and conditions of each Service. Upon activation of the Service, the Subscriber is deemed to have read, unconditionally accepted, and be bound by these Terms and Conditions which are made available on XOXs official website.

1.2.    XOX reserves the right to change, vary, amend and/or add portions of the terms and conditions from time to time. Where such changes materially affects usage of the Service including but not limited to charges, usage entitlements or service restrictions, XOX will endeavour to provide reasonable notice to the Subscribers. Please visit   XOX’s official channels at https://onexox.my/ periodically to determine any changes, variations, amendments and/or additions made to this terms and conditions.

1.3.    Where the Terms and Conditions are translated into a language other than the English Language, in the event of any inconsistencies, conflicts or discrepancies between the terms and conditions set out in the English Language version and that of the other language(s), the English Language version shall prevail.

1.4.    XOX reserves the right to assign, transfer, or otherwise novate its rights and obligations under these Terms and Conditions to any entity within XOX Group, without the prior consent of the Subscriber. Such assignment shall not affect the Subscriber’s rights or obligations under this agreement. Subscribers continued usage, after such notice on you will be deemed as consent to continue with the Service after such novation and Subscribers agree to be bound as instructed in such or any further notice. XOX shall not be liable for any cost, lost or damage (whether direct or indirect), loss of profits or any consequential loss as a result of the Subscriber’s use of the Service.

1.5.    The Subscriber acknowledges that only representations, advertisements or materials issued or expressly approved by XOX form part of this Agreement. XOX shall not be liable for any representations, promises or statements made by dealers, agents or third parties that are inconsistent with these Terms and Conditions.

1.6.    In the event of any inconsistency or conflict between these General Terms and Conditions, any Fair Usage Policy, any plan-specific terms and conditions, letters of authorisation, promotional materials or other documents, the following order of precedence shall apply:

(a)      The relevant plan-specific Letter of Agreement and its related terms and conditions;

(b)     Postpaid Plan (Specific) Terms and Conditions;

(c)      these General Terms and Conditions;

(d)     the Fair Usage Policy; and

(e)      any other documents or materials.

1.7.    To the maximum extent permitted by law, XOX shall not be liable for any indirect, incidental, consequential, special or punitive damages, including loss of profits, loss of data, loss of business or loss of use, arising out of or in connection with the Services.

1.8.    This Agreement shall be governed by and construed in accordance with the laws of Malaysia. The courts of Malaysia shall have exclusive jurisdiction.

1.9.    Failure by XOX to enforce any provision shall not constitute a waiver of its rights.

 

1.10. In the event any provision is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

 

2.        PROVISION OF SERVICE

2.1.    Subscribers agree and acknowledge that the quality and availability of Service may vary from place to place, and from time to time. XOX does not represent and/or guarantee and/or warrant in any way that the Service will be free from any fault, error, or interruption. The Service is not fault free and may be affected by factors outside XOX’s control, including but not limited to physical obstructions, geographic and atmospheric conditions, radio interference, governmental or regulatory authority and faults on other telecommunications systems connected to XOX’s network. In spite of such events, Subscribers agree to pay all fees and charges which are outstanding and/or due and payable to XOX under the Agreement.

2.2.    Any speeds, coverage or performance described in marketing materials are indicative only and do not constitute a guarantee. XOX does not warrant any minimum speed, latency or quality of service.

2.3.    XOX’s Network and the Services may from time to time require upgrading, modification, maintenance and/or other work, which may result in partial or complete non-availability of Service.

2.4.    XOX does not guarantee or warrant the availability of the data usage, and the Subscriber acknowledges and agrees that the data usage is provided on and “as is” basis. Data speed rendered is subject to the availability of 5G coverage in the Subscriber’s location. Should 5G coverage be limited or unavailable, speed rendered may drop to 4G or the next available network tier. makes no guarantee regarding specific network performance or continuous 5G access.

2.5.    To experience 4G LTE / 5G speed, Subscribers must use a 4G/5G compatible device, and the data service is used in an area with 4G/5G network.

2.6.    XOX may vary the technical specification of Service from time to time.

2.7.    XOX may modify, suspend or withdraw any part of the Services where required to comply with applicable laws, regulatory directives, governmental requirements or instructions from relevant authorities, without liability to the Subscriber.

 

3.        SUBSCRIBERS’ RESPONSIBILITIES AND OBLIGATIONS

3.1.    In the use of the Service, Subscribers agree: -

a.        To be responsible for the use of the Services and to accept full risks in doing so;

b.        That XOX shall not be liable to the Subscriber or any third party authorised or claiming on behalf of the Subscriber for any loss, damage, consequential or loss of business, expenses incurred, loss of revenue or profits suffered by the Subscriber and or injury caused or suffered by a person and or damage to property whether direct or indirect arising from or due to any act of omission, error, default, or delay by XOX in relation to the services provided;

c.        To fully indemnify and keep XOX indemnified at all times against all claims, losses, liabilities, demands, costs and expenses including legal fees which may result or which XOX may sustain in connection with or arising from the provision of the services to the Subscriber or the Subscriber’s use or misuse of the Services, including any breach of these Terms and Conditions or the Fair Usage Policy;

d.        That any renewal or extension by the Subscriber shall be made in the form as stated by XOX and all such renewal requests shall be sent to the address provided in the Form and/or by fax to the number provided by XOX and shall be deemed an original document taken together to constitute the Terms and Conditions. The Subscriber agrees to be bound by its facsimile signature and such facsimile received and acknowledged by XOX shall be deemed accepted, binding on the Subscriber from the date of receipt and shall form part of the Agreement;

e.        To be fully responsible for any voice or message or data transmitted by the Subscriber or persons using the Subscriber’s Device(s);

f.         Unless expressly permitted under a specific plan, the Services are intended for use on mobile Devices only and shall not be used with modems, routers, tethering devices or for machine-to-machine communication or continuous high-volume data transmission.

g.        To comply with all applicable laws of Malaysia relating to the service, including without limitation to the Communication and Multimedia Act 1998, other acts, statutes, by laws, rules and regulations issued by relevant government and regulatory agencies which may be amended from time to time;

h.        To take all reasonable steps to prevent fraudulent, improper, or illegal use of the service. The Subscriber agrees to report immediately to XOX upon the discovery of any fraud, theft, loss or unauthorised usage or any occurrence of unlawful acts in relation to the Device and Services and agrees to lodge a police report whenever instructed by XOX and to give XOX a certified copy of such report. XOX may extract any message details or personal information of the Subscriber, or any data provided by the Subscriber in the event such information is necessary in the event of a suspected and/or proven misuse of the Service;

i.         For any excessive usage, or on suspicion of fraud, any illegal practice or unusual activity in respect of the Subscriber’s account with XOX, XOX at its sole and absolute discretion reserves the right at any time without being liable to the Subscriber or any third party to discontinue, disconnect, interrupt, bar or suspend the service for period of time as XOX shall deem fit;

j.         To comply with all instructions, notices or directions issued by XOX;

k.        Where data services are provided under the Plan, to be bound by the Terms and Conditions and the Fair Usage Policy available on the website at www.onexox.com.my and may be modified from time to time by XOX;

l.         That XOX may monitor, analyse and assess usage patterns for the purposes of network management, fraud detection, enforcement of the Fair Usage Policy and compliance with applicable laws.

m.      XOX may send the Subscribers notifications relating to promotional and marketing activities from time to time. The only exception is when XOX receives a written notification from the Subscriber requesting otherwise.

 

3.2.    Subscribers agree not to use or allow any part of the Service to be used: -

a.        To advertise, transmit, store, post, display or otherwise make available materials which may be defamatory, offensive, indecent or illegal or improper or otherwise violate any applicable lawsTo advertise, transmit, post, facilitate or solicit any Content, product or service that contains harmful, damaging or destructive programmes;

b.        To disrupt or undermine the security of various networks and systems that are connected to the Service directly or otherwise;

c.        To violate any party’s rights or affect other users’ enjoyment of access to any Services or cause annoyance, harassment, irritation, inconvenience or anxiety to anyone;

d.        To infringe an individual’s privacy or personal rights;

e.        To engage in any activity that XOX determine to be harmful including but not limited to our customers, operations, reputation, goodwill or customer relations;

f.         To be resold or otherwise be provided to third parties;

g.        To be used for any activity which would generate Network traffic in excess of reasonable usage or cause congestion; and

h.        To cause any disruption, interference, interruption or degradation in the Network or Services.

 

4.        SUBSCRIBER IDENTIFICATION MODULE (“SIM”) CARD AND/OR eSIM

4.1.    The SIM Card s provided solely for use in connection with the subscribed Plan and Services.

4.2.    Subscribers must not interfere with or destroy the SIM Card and/or eSIM for any reason or allow it to be handed over to any other carrier (without XOX’s prior written consent).

4.3.    XOX shall provide Subscriber a SIM Card and/or eSIM on the condition that the SIM Card and/or eSIM shall remain our sole property and shall be returned to us upon a request from us or anyone authorised to act on our behalf.

4.4.    Risk and responsibility for the SIM Card shall pass to the Subscriber upon delivery or deemed delivery, including activation by the Subscriber or an authorised dealer. For the avoidance of doubt, “delivery” of the SIM occurs upon physical handover to the Subscriber, or delivery to the address nominated by the Subscriber; and “deemed delivery” shall occur where the SIM Card has been delivered in accordance with the Subscriber’s instructions, including where delivery is recorded by XOX or its appointed logistics provider, whether or not the Subscriber actually receives, collects, or acknowledges receipt of the SIM Card.

4.5.    All SIM Cards and/or eSIM must be activated within Malaysia and before the expiry date printed on the SIM Pack. Any non-activated SIM Card and/or eSIM which has passed the imprinted expiry date will not be usable, refundable, exchangeable and/or returnable.

4.6.    The Subscriber shall take all reasonable steps to safeguard the SIM Card. The Subscriber may be required to pay XOX for the replacement, exchange, or repair of any SIM Card and/or eSIM that is lost, stolen or damaged (through no fault of XOX or the manufacturer). Any SIM Card and/or eSIM found defective due to faulty workmanship or design may be replaced free of charge once returned to and accepted by XOX.

4.7.    The Subscriber shall ensure that the SIM Card is used strictly in accordance with the Postpaid Plan Terms and Conditions, the Fair Usage Policy, and applicable laws. 

4.8.    Subscriber may be required to pay for all service charges up to the time Subscribers notify us of the loss or theft of their SIM Card and/or eSIM and their SIM Card and/or eSIM is deactivated.

4.9.    The Subscriber shall not:-

a.        sell, assign, transfer, sub-license, or commercially exploit the SIM Card;

b.        copy or modify or allow any other person to copy or modify any pre- programmed data of any SIM Card and/or eSIM;

c.        use or allow the SIM Card to be used for fraudulent, unlawful, or prohibited purposes;

d.        use the SIM Card in a manner inconsistent with the permitted use of the Plan, including use with unauthorised devices or equipment.

4.10. Subscribers must notify XOX immediately upon discovery of any fraud, theft, loss, unauthorised usage, or any other unlawful acts in relation to their SIM Card and/or eSIM and agrees to lodge a report to Polis Diraja Malaysia (PDRM) whenever instructed by XOX and to give XOX a certified copy of such report. Until XOX receives such notification and processes the request for suspension or replacement, the Subscriber shall remain fully liable for all Charges and usage incurred.

4.11. XOX may require the return of the SIM Card upon termination of the Services or upon demand for regulatory, security, or operational reason.

4.12. XOX may deactivate or block the SIM Card without notice where required by law, regulation, or direction of MCMC or any competent authority, or where misuse, fraud, or breach of the Plan is suspected.

 

5.        MOBILE NUMBER PORTABILITY (MNP)

5.1.    MNP is the ability of the Subscriber to change from one mobile service provider to another mobile service provider without changing their mobile number subject to the terms and conditions herein appearing. A Subscriber who wishes to port is required to submit a ‘port in’ request to XOX and is subject to XOX’s existing terms and conditions for new registration and to existing geographical numbering requirements.

5.2.    Subscriber must satisfy these prerequisite conditions for a successful porting:

a.        The current mobile number must be active at the time of the request;

b.        Subscriber must provide valid identifications including, but not limited to, Identification card, Armed Forces Identification Card and/or passport;

c.        Subscriber must not have any outstanding and/or overdue amounts/contractual obligations with the current mobile service provider;

d.        The mobile numbers must be in the range of mobile numbers as approved by Malaysian Communication and Multimedia Communication time to time;

e.        Upon request, the Subscriber must provide all other information as required from XOX;

f.         Subject always to XOX’s terms and conditions prevailing at the time of the request as stipulated on XOX's official website.

5.3.    Subscribers who wish to port in must adhere to the terms and conditions including the procedures and processes prevailing at the time of request to port in as outlined by XOX which can be found in oneXOX's Official Website at https://onexox.my/ from time to time. Any port in shall be treated as a new application and is subject to XOX’s terms and conditions herein contained and represent a notice to terminate any agreement that the Customer has with the current mobile service operator.

5.4.    XOX shall not be responsible and/or liable for any interruption and/or delay in approving and/or providing the Service to the Subscriber caused by the Customer's current mobile service operator.

5.5.    Any failed MNP port in will be refunded to Subscribers after they submit inquiries to XOX Customer Service.

5.6.    All services associated with the ported-out mobile number provided by XOX will be terminated when the SIM card is deactivated.

5.7.    Any call(s) or SMS or MMS or any other means of communications initiated by the Subscriber to the mobile number(s) that have ported out from XOX will be charged as per XOX's standard charges applicable to inter-network communications.

5.8.    You must settle all outstanding bills, including billed and unbilled charges or penalty fees, prior your request for porting out. Failure to do so may result in interruptions to your MNP request.

5.9.    Any fees imposed by XOX for the porting request are not refundable in any event whatsoever.

5.10. Porting out shall be deemed a termination of the Subscriber’s Agreement.

 

6.        TERMINATION AND REFUND

6.1.    The Subscriber may terminate the subscription by contacting XOX’s careline or by completing the termination form and forwarding the same to XOX within seven (7) working days before the Subscriber’s next billing cycle. Termination form may be sent to XOX via email to enquiries@xox.com.my or at any authorised XOX centres.

6.2.    Upon termination, XOX reserves the right to forfeit all unused subscription which includes but not limited to unused credit, data, Talk Time, SMS and/or loyalty points.

6.3.    The Subscriber may clear the payment settlement by utilizing their overpaid balance in the billing system. If any overpayments remain after the Subscribers have settled their bills, Subscribers must contact XOX Customer Service to request for a refund.

6.4.    The overpayment in the Subscriber’s account can be used to clear the bill. Subscribers may request for a refund if there is still a balance after paying the bill.

6.5.    In the event of termination, any amount from Advance Payment shall be forfeited. There is no cash refund for Advance Payment.

6.6.    The Subscriber may request for a refund of Deposit (if any) a day after the termination of the subscription and within THIRTY (30) days with the provision of his/her Bank account. XOX is not liable for any charges imposed by Banks that are not registered in Malaysia. There is no cash refund for Deposit.

6.7.    XOX reserves the right to utilize the Deposit to offset any amount due from the Subscriber to XOX including but not limited to any outstanding charges under any of your Accounts.

6.8.    Subject to the above, any balance Deposit will be returned to the Subscriber within fourteen (14) working days from the date of the refund request.

6.9.    In the event the Subscriber’s subscription is terminated due to overdue unpaid charges, XOX shall not be liable for any payment or refund of unused subscription, credit and/or monies upon termination of the Agreement. In such event and with no prior notice, the Subscriber loses all rights and/or entitlement previously accumulated including but not limited to unused credit, monies, data, Talk Time, SMS, loyalty points, XOX Wallet credit under the Subscriber’s subscription.

6.10. Upon line termination, XOX reserves the right to use Subscriber’s XOX Wallet balance to reduce/settle any outstanding amount/balance. Any reduction made from XOX Wallet balance shall not be deemed as full and final settlement of any outstanding amount/balance. Subscriber shall still be responsible and liable to settle any amount owing and due to XOX.

6.11. Termination shall be without prejudice to any existing rights and/or claims that XOX may have against the Subscriber and the Subscriber shall continue to fulfil his/her obligations including full payment of all outstanding charges prior to the date of termination.

6.12. XOX may, without any liability to the Subscriber, terminate and suspend all or any part of the Service  where XOX reasonably determines that:-

a.        the Subscriber has breach of these Terms and Conditions, Fair Usage Policy or or any applicable plan-specific term;

b.        the Subscriber has misuse of Services including use of the Services in a manner that is excessive, fraudulent, illegal, abusive or harmful to the Network or other Subscribers; or

c.        the Service is used in contravention of any applicable laws or regulatory requirements

d.        such termination or suspension is necessary for Network Management, security, maintenance or regulatory compliance.

6.13. For the avoidance of doubt, Suspension is a temporary restriction of Services and does not affect the Subscriber’s obligation to pay Charges or the continuity of any contract or Commitment period, unless expressly stated otherwise. Termination is a permanent cessation of Services.

6.14. Beginning 1^st January 2020, in the event Postpaid Subscribers fail to clear their outstanding payment, XOX reserves the right to share their information with Credit Rating Agencies, at any time without referring to the Subscriber. This may affect the Subscriber’s credit standing and eligibility in obtaining financial products moving forward.

7.        ELECTRONIC KNOW YOUR CUSTOMER (e-KYC)

7.1.    e-KYC is a digital Subscriber identification process that involves the scanning of proof of address and identification card for the purposes of identity and verifying the Subscriber’s identity when signing up with or switching to XOX.

7.2.    Subscribers may be eligible for a refund from XOX if the e-KYC scan fails to scan their Identification Card or if they have a problem completing the registration process, which may cause the e-KYC process to be unsuccessful.

7.3.    If the e-KYC is unsuccessful and Subscribers do not wish to proceed, they may contact XOX Customer Service to request for a refund. After they provide their bank details, the process may take seven (7) to fourteen (14) working days.

7.4.    For more information and updates on e-KYC, please refer to the e-KYC Terms and Conditions on the oneXOX Official Website.

7.5.    If a potential Subscriber fails to meet the minimum e-KYC requirements, XOX may refuse to open an account for him/her.

8.        FAIR USAGE POLICY

8.1.    By accepting the XOX Terms and Conditions for Service, Subscribers agree to be bound by the FUP.

8.2.    The Fair Usage Policy shall be read together with and form an integral part of the Postpaid Plan (General )Terms and Conditions and any applicable plan-specific terms and conditions and shall prevail over any promotional or marketing materials.

8.3.    The Fair Usage Policy is intended to ensure that Subscribers do not use XOX Services in an excessive, unreasonable, or fraudulent manner. Such usage may impact the quality or reliability of XOX Services.

8.4.     The Fair Usage Policy applies to all Services, including XOX WIFI and XOX WIFI+ or plans marketed or described as “unlimited”.

8.5.    Subscribers are prohibited from using the Services which can compromise the security or tamper with XOX system resources or accounts on XOX systems, or at any other site accessible via XOX systems.

8.6.    XOX’s Network is a shared resource, and Subscribers agree to use the Services, in a considerate manner, which must not unfairly exploit the usage, affect the experience of other Subscribers, or cause us loss – for example, but not limited to, the Services for reselling purposes, unreasonable bandwidth consumption, or accessing services which are prohibited under the Terms and Conditions for Service or using unauthorized devices.

8.7.    Subscribers will be held responsible for the security of devices that are directly or indirectly connected to XOX network.

8.8.    For XOX Data Plan, Subscriber’s total usage per month shall NOT exceed from the allocated data volume transmitted (total upload and download usage). This is to ensure that no Subscriber can congest the bandwidth at all times.

8.9.    If Subscribers are found to be in violation of this policy, we may, at XOX’s option and discretion manage Subscriber’s bandwidth, suspend, or terminate the Services (with or without notice as XOX may consider appropriate).

8.10. To report any illegal or unacceptable use of the Services, please send an email to enquiries@xox.com.my.

8.11. This Policy forms as an integral part of terms and conditions of governing the Services and its relevant addendum. If there is any inconsistency between the Policy and the terms and conditions of the Services, the terms and conditions governing the Services posted on the website will prevail.

8.12. For the avoidance of doubt, the calculation that XOX uses to calculate the kilobytes for the Internet data quota is as follows:

a.        1GB = 1,024MB

b.        1MB = 1,024KB

c.        1GB = 1,048,576KB

 

9.        MOBILE DATA USAGE

9.1.    XOX does not guarantee or warrant the availability of the data usage, and the Subscriber acknowledges and agrees that the data usage is provided on an “as is” basis.

9.2.    To experience 4G LTE / 5G speed, Subscribers must use a 4G/5G compatible device, and the data service is used in an area with 4G/5G network.

9.3.    Software and applications which are used by Subscribers to send and/or receive, for uploading and/or downloading of files can contain very large amounts of data. These software and applications demand a significantly huge amount of bandwidth which will negatively impact the speed and cause network congestion. As a result, a vast majority of Subscribers will be affected from degradation of the quality of Service, and as such is deemed as excessive usage. Excessive usage can also be caused by spamming, virus activities, spy wares and/or other malwares which may reside in Subscribers’ Devices. These activities may be known or unknown to Subscribers and normally operates in the background of the Devices’ operations. Therefore, Subscribers must take all precautions and rightful actions to ensure that the above activities are controlled and minimized at all times. XOX reserves the right to implement and enforce this Mobile Data Usage Policy at its sole discretion upon an occurrence of such activities.

9.4.    The data volume calculation shall take into consideration of ALL activities carried out by Subscribers including those knowingly or unknowingly done under the Service.

9.5.    XOX does not impose speed caps based on data volume, however XOX may implement network management measures during a billing cycle, including but not limited to data staging, traffic management or other technical controls in accordance with the Fair Usage Policy to ensure network integrity and fair access for all Subscribers. Such mechanisms may result in variable speeds and performance.

9.6.    Data speeds and performance may vary during a billing cycle based on network conditions, usage patterns and XOX’s Network Management practices.

9.7.    All Services, including any plans marketed as “unlimited” or “high-speed data”, are expressly subject to the Fair Usage Policy, which forms an integral part of this Agreement and may result in speed reduction, data staging, suspension or termination of Services.

9.8.    Subscribers will not be able to use the data service if their account is in Barred and/or Blocked status. Subscribers may only continue to use the Internet Service once they perform a reload by the end of the Blocked period.

9.9.    Where data services are provided under the Plan, the Subscriber agrees to be bound by Specific Prepaid & Postpaid Terms and Conditions, the Fair Usage Policy, and any other applicable laws.

9.10. The data usage, at all times, is for personal use only and not applicable to commercial usages as well as other non-legitimate purpose to be determined by XOX.

9.11. The data usage, at all times, is not for reselling/rental purpose for profit or huge and continuous information transfer that affects the other XOX Subscribers. For any excessive usage, or on suspicion of fraud, any illegal practice or unusual activity in respect of the Subscriber’s account with XOX, XOX at its sole and absolute discretion reserves the right at any time without being liable to the Subscriber or any third party to discontinue, disconnect, interrupt, bar or suspend the service for such period as XOX shall deem fit.

9.12. Unless expressly permitted under a specific plan, the Services are intended for use on mobile Devices only and shall not be used with modems, routers, tethering or for machine-to-machine communication, or continuous high-volume data transmission.

9.13. For any use that falls within Prohibited Use or Excessive Use, or Abnormal Use (as defined in the Fair Usage Policy), XOX reserves the right, at its sole and absolute discretion, to take such action where such usage is inconsistent with personal, non-commercial use or adversely impacts the Network or other Subscribers.

 

10.     CALL USAGE

10.1. Usage of Talk Time is not applicable to call to special numbers such as 1300, 1700, 1800, TM100, or any other toll-free numbers. The charging rates for toll-free numbers are stated below:

 

10.2. Subscribers will not be able to use the call service if their account is in Barred or Blocked status. Subscribers may only continue to use the call service once they have paid their bills/perform top-up by the end of the Blocked period.

11.     UNLIMITED CALLS USAGE

11.1. Unlimited Calls apply to the following plans:

a.        B33

b.        MySISWA35

c.        B39DB

d.        B50

e.        B88

f.         B89DB

g.        ETS38

h.        Y38

i.         Y48

11.2. You acknowledge and accept that: -

a.        Unlimited Calls may only be used for domestic mobile/fixed on-net (XOX to XOX calls) and off-net usage (calls from XOX to other Service Provider).

b.        Unlimited Calls are not applicable to video calls, call to numbers with special numbers, e.g., 1300, 1700, 1800, TM100 or any other toll-free numbers, prefix number for IDD calls. Making such aforementioned calls will incur additional charges to the Subscriber.

c.        Unlimited Calls are for standard person-to-person calls and not for any commercial and/or non-personal usage. XOX at its sole and absolute discretion reserves the right at any time without being liable to the Subscriber or any third party to discontinue, disconnect, interrupt, bar or suspend the service for such period of time as XOX shall deem fit.

d.        Unlimited Calls are not meant for multiple simultaneous calling, conference calling, re-supply, call centre usage, telemarketing, application-to-person communication, continuously call forwarding, auto-dialling, machine-to-machine communication (including by using your SIM Card in any other devices), Cellular Trunking Units (CTUs), or any other activity we consider to be non-standard usage. Refer to Clause 1 of Call Usage Policy in General Terms and Conditions for charging rates of toll-free numbers.

e.        The Unlimited Calls are NON-SHAREABLE, NON-TRANSFERRABLE, and cannot be carried forward.

f.         Subscribers will not be able to use the Unlimited Calls if their account is Barred or Blocked. Subscribers may only continue to use the Unlimited Call service once they have paid their bills by the end of the Blocked period.

11.3. Usage of the Unlimited Calls are subject to XOX Fair Usage Policy (FUP).

 

12.     VOICE CALLS USAGE

12.1. All XOX Prepaid and Postpaid Subscribers will be able to use the minutes in their Season Pass (Prepaid) or Postpaid Counter to make calls domestically to both numbers from XOX and other telecommunication service providers within Malaysia.

12.2. ‘Short Call’ is a trademark feature of XOX. All XOX Prepaid Subscribers can enjoy rates from as low as 5 sen per call for the FIRST ten (10) seconds.

12.3. The Charging Block for all XOX Prepaid and Postpaid plans is 30 sec/block from credit and 60 sec/block from Season Pass or Postpaid Counter. XOX reserves the right to adjust the Charging Block at any time without prior notice or any liability to the Subscriber whatsoever.

12.4. For plans with Unlimited Calls feature, it will be subjected to Fair Usage Policy.

 

13.     SMS USAGE

13.1. Subscribers acknowledge that SMS usage will be blocked upon reaching the allocated SMS reloaded.

13.2. XOX SMS is used solely for domestic usage which is for all networks. These SMS will not be usable to send message(s) to any international numbers or roaming outside of Malaysia.

13.3. Usage of SMS is not applicable for sending Premium SMS. Examples of Premium SMS services include, but are not limited to:

a.        Ringtones

b.        Sports Scores or Highlights

c.        Competitions

d.        Music Clips

e.        Mobile Wallpaper

f.         Games

g.        Chat Services

h.        News and Weather

i.         Financial Data

j.         Directory Enquiry Services

k.        Voting (e.g., for Reality TV Shows)

 

13.4. The SMS rates are as stated in our website.

 

14.     UNLIMITED DATA & HIGH SPEED

14.1. Any reference to “Unlimited Data” or similar expression means data usage without a fixed data cap. It refers to the maximum data entitlement within the Subscriber’s billing cycle. Such reference does not mean unrestricted, unthrottled, or uninterrupted high-speed usage.

14.2. “High speed Data” refers to data usage delivered at speeds depending on XOX’s network capability, coverage, device compatibility, and prevailing network conditions, and is not guaranteed at any minimum or constant speed.

14.3. All data usage including “Unlimited Data” and “High Speed Data”. Such data usage is subject at all times to the Fair Usage Policy, network management practices, data staging, technical limitations, device restrictions, and other applicable terms and conditions.

14.4. XOX reserves the right, at its sole discretion and without liability, to apply reasonable network management measures including speed reductions, data staging, prioritisation, bandwidth restriction, or suspension where data usage is excessive, abnormal, inconsistent with personal mobile use, or adversely affects network performance or other users.

14.5. Unless expressly stated otherwise, “Unlimited Data” plans are intended for personal mobile use on compatible devices only and are not permitted for use with modems, routers, tethering for continuous high-volume transmission, machine-to-machine communication, or any commercial purposes.

14.6. Speed variations, latency, or service quality resulting from the network management measures described above shall not constitute a defect, failure of service, or breach of contract by XOX.

 

15.     PROMOTIONS, MATERIALS AND REPRESENTATIONS

15.1. Any advertising, promotional material, plan descriptions or representations made or issued by XOX, its agents or representatives are for general information purposes only and do not form part of the contractual terms, unless expressly incorporated into the Postpaid Plan (Specific) Terms & Conditions or the Subscriber’s Agreement.

15.2. The Subscriber acknowledges that only representations, advertisements, promotions or materials expressly approved by XOX form part of this Agreement. XOX shall not be bound by, and shall not be liable for, any representation, statement, promise, advertisement, or communication made by any dealer, distributor, agent, retailer, or third party that is inconsistent with, omits reference to, or contradicts the specific Terms & Conditions, the FUP, or any approved Materials.

 

16.     XOX WALLET

16.1. XOX Wallet is an electronic wallet that holds electronic money (e-money).

16.2. Subscribers may use XOX Wallet credit for bill payment, Season Pass and Happy Hour purchase and/or any other services to be added on by XOX from time to time.

16.3. The XOX Wallet top up is capped at Ringgit Malaysia Two Hundred (RM200) and the system will not allow the excess amount to be kept. The excess of Wallet will be converted as Airtime credit for Prepaid Subscribers. Meanwhile, the excess for Wallet will be converted as bill payment for Postpaid  Subscribers.

16.4. XOX has the discretion to utilize the Subscriber’s XOX Wallet balance to offset amounts due and payable for any XOX Products or Services which remains outstanding under the Subscriber’s account.

16.5. In the event when Subscribers want to terminate or port out from their Prepaid or Postpaid account, Subscribers may request a refund for the XOX Wallet balance amount. The Wallet balance will be refunded within fourteen (14) working days from the date of successful refund request.

16.6. Upon Subscriber’s termination of service, XOX reserves the right to use Subscriber’s XOX Wallet balance to reduce/settle any outstanding balance.

16.7. There is no fee imposed for using the XOX Wallet unless indicated otherwise.

17.     POLICIES

17.1. Subscriber’s use of the Service shall be subject to the terms and conditions of XOX Fair Usage, Voice Call Usage Policy, Mobile Data Usage Policy, Personal Data Usage Policy, and other policies which may be added from time to time (collectively, referred to as “Policy”). XOX reserves the right to manage the allocated bandwidth including but not limited to reducing Subscriber’s surf speed, suspend or terminate their bandwidth to the internet service in accordance with XOX Policy.

 

18.     PERSONAL DATA

18.1. By registering and subscribing with XOX, the Subscriber consent to the collection, use, and disclosure of the Subscriber’s Personal Data in accordance with the Personal Data Protection Act (2010) of Malaysia (the “PDPA 2010”) (As Amended) and XOX’s Privacy Notice (as detailed out in   https://xox.com.my/privacyStatement/details/). For avoidance of doubt, “Personal Data” has the same meaning as ascribed to under the PDPA 2010 and includes name, address or email address, as well as less obvious but identifiable data such as device-related data, call records, online identifiers, location data, and account activity.

18.2. The Subscriber’s Personal Data may be used for the purposes of:-

a.        To provide and maintain our Services which you subscribed to;

b.        For pre-contractual enquiry before you subscribe to any of our Services;

c.        To process your transactions and manage your account;

d.        To communicate with you regarding your account, including billing and Service updates;

e.        For compliance with legal obligations;

f.         For marketing purposes, where the Subscriber have given consent.

18.3. XOX may disclose the Subscriber’s Personal Data to:

a.        Third-party service providers engaged to assist XOX in delivering our services;

b.        Regulatory bodies or authorities as required by law;

c.        Other parties as consented by the Subscriber.

18.4. The Subscriber have the right to access and correct Personal Data at any point of time, as well as to withdraw consent for the processing of the S Personal Data. For any inquiries or requests, please contact XOX’s customer service.

18.5. XOX reserve the right to update the terms herein and/or our Privacy Notice periodically to reflect changes in our business, legal, regulatory requirements, and applicable laws. The Subscriber shall be responsible to visit XOX’s Privacy Notice regularly to stay informed about any modifications.

18.6. If XOX choose to use or disclose personally identifiable information in a manner that significantly differs from what was stated in our Privacy Notice at the time of collection, XOX will provide the Subscriber with options regarding the new use or disclosure including giving the Subscriber the opportunity to opt out.

 

19.     SURVIVAL

19.1. Clauses relating to limitation of liability, indemnity, Fair Usage Policy, suspension, termination and governing law shall survive termination of this Agreement.

 

20.     FORCE MAJUERE

20.1. In the event of a Force Majeure Event, XOX shall not be held liable for any delay, interruption, or failure in providing the Services, provided that XOX shall use reasonable efforts to restore the Services as soon as practicable.

 

21.     DISPUTE RESOLUTION

21.1. Any disputes arising from the Plan will first be attempted to be resolved through good faith negotiation between the Parties. If unresolved, the dispute may be submitted and resolved through binding arbitration administered by Asian International Arbitration Centre (AIAC) (formerly known as the Kuala Lumpur Regional Centre for Arbitration) in Kuala Lumpur. If either party refuses to participate in arbitration or if the arbitration is not feasible, the dispute may be brought before a court of competent jurisdiction. These Plan Terms and Conditions, and any dispute arising out of them, shall be governed by and construed in accordance with the laws of Malaysia.

21.2. Nothing in this clause shall prevent XOX from seeking injunctive relief or taking enforcement action where necessary.

 

Last Updated on 24^th February 2026