HALO TELCO SERVICE SUBSCRIPTION TERMS AND CONDITIONS

Updated on 13 December 2024

1. RESPONSIBILITY AND , CONFIRMATION.
   1. This Terms of Use & Access of Halo Telco Website (“Terms of Use”) govern your access and use of the Halo Telco’s website and, unless otherwise stated, to your use of any of other Halo Telco’s services or application.(collectively referred as the “Platform”).
   2. By registering and activating the Co-Branded Product, you agree to:
      1. be a Tune Talk subscriber of Tune Talk Service under Co-Branded Product Program with Winner;
      2. update us of your registration information should there be any changes;
      3. allow Tune Talk and/or Winner to verify the information provided for the registration and activation of your Co-Branded Product with third parties where necessary;
      4. bear responsibilities for all charges incurred to the mobile number you purchased;
      5. fully indemnify Tune Talk and/or Winner for any fraud, misrepresentation, unauthorized or unlawful usage of the Co-Branded Product through your mobile number which resulted in loss, damage, costs or expenses to Tune Talk or Winner;
      6. obtain the necessary compatible hardware communication device, i.e. mobile GSM, 2G, 3G, 4G, 5G or LTE phone to access the Tune Talk Service;
      7. view and listen to Tune Talk and/or Winner advertisements to enable Tune Talk and/or Winner to continue providing attractive packages for the Co-Branded Product; and
      8. allow Winner and Tune Talk to access your account information, including usages to respond to service or technical issues and marketing activities.
2. CO-BRANDED PRODUCT
   1. “Co-Branded Product” means the Tune Talk mobile telecommunication services co- brandinged with Winner’s product, services and brand; which apart from Winner’s product and services (solely under Winner’s responsibility), includes voice, SMS and other features and services made available by Tune Talk as posted on the Halo TelcoGo Application from time to time. Co-Branded Product is offered on an “as is” and “as available” basis with no warranties of any kind.
   2. Tune Talk and/or Winner WINNER reserve the right to terminate your subscription or use of the Co-Branded Product at any time without prior notice at their own discretion in the event that you are found to be conducting the activities below:
      1. providing inaccurate and/or incomplete registration information;
      2. conducting improper and/or abusive usage pattern; and/or
      3. using the Co-Branded Product for any other purposes not related to telecommunications.
   3. Pursuant to clause 2.2 (c) above, the circumstances shall include but not be limited to:
      1. using the Co-Branded Product for SMS and/or call spamming purposes;
      2. using the Co-Branded Product to create multiple social networking sites’ accounts and/or email accounts for any fraudulent purposes and activities; and/or
      3. using the Co-Branded Product for any fraudulent activities related to the registration or use of the Co-Branded Product.
   4. Tune Talk and/or Winner reserve the right to terminate your subscription or use of the Co-Branded Product at any time without providing any reason or notification if you breach any of the Terms and Conditions or provided inaccurate/incomplete registration information. Tune Talk and/or Winner reserve the right to add, change or terminate any of the Co-Branded Product promotions, services, rates and charges without prior notice.
   5. Co-Branded Product is subjected to Fair Use Policy. Under this policy, you may use the Co-Branded Product within reasonable limits. If we judge that your use is excessive and unreasonable, we may inform you and impose any measures to moderate your usage. Tune Talk and/or Winner reserve the right to charge you at prevailing rates or suspend/terminate the services in accordance with this Terms and Conditions.
3. USE OF CO-BRANDED PRODUCT
   1. You are solely responsible for all acts or omissions that occur when using the Co- Branded Product. In addition, you agree to abide by the Malaysian Communications and Multimedia Commission regulations governing the use of mobile services, available at www.skmm.gov.my including but not limited to, agreeing that the Co-Branded Product may only be used for lawful purposes. You agree that you will not use the Co-Branded Product in a manner which will result in any criminal or civil liability for Tune Talk, Winner and/or their related corporations.
   2. You are solely responsible for the content which you post or transmit through the Co- Branded Product and you acknowledge that Tune Talk, Winner and/or their related corporations are only the conduit for posting, distribution and transmission of data. By way of example and not as a limitation, you agree not to use Co-Branded Product as follows:
      1. for any unlawful purposes or for any purpose which is against public interest, public order or national harmony;
      2. to publish defamatory, infringing, obscene or other unlawful material;
      3. in connection with the infringement of the copyright, patent, trademark, trade secret or other proprietary rights of any third party or rights of publicity or privacy;
      4. in a way that is prejudicial to Tune Talk and/or Winner’s interest;
      5. to post or transmit through the Service unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, privacy invading sexual/racially offensive or otherwise objectionable material of any kind or nature; and/or
      6. mass transmitting of (content/voice/mms/email/sms) either for personal or for any commercial purposes.
   3. In the event that you are found to be conducting any of the prohibited activities as mentioned in clause 3.2 above, Tune Talk and/or Winner reserve the right to terminate your subscription or use of the Co-Branded Product with immediate effect without prior notice.
4. CO-BRANDED PRODUCT MOBILE NUMBER AND SIM CARDS
   1. There are two types of SIMs available in Halo Telco which is the numbered SIM card and the Blank SIM card. The mobile number and SIM cards of the numbered SIM are always the property of Halo Telco. However, the mobile number of the Blank SIM card is assigned and belongs to Tune Talk but the physical SIM card belongs to Halo Telco. Halo Telco and/or Tune Talk grants you to use the mobile number and SIM cards for the purpose of accessing and using the Co-Branded Product. Tune Talk and/or Winner may officially cancel the mobile number if the mobile number has expired or the Co-Branded Product is terminated, or you breach the provisions of this Terms and Conditions. Tune Talk and/or Winner has the absolute discretion to deal with your mobile number after the expiry of the same or termination of the Co-Branded Product.
   2. All SIM Cards must be activated either by performing a reload transaction, placing a call or sending a message within fourteen (14) days of registration and in Malaysia only. SIM cards which have not been activated within fourteen (14) days from registration date will not be useable. Tune Talk and/or Winner is not liable for refunding or compensating such expired SIM cards.
   3. One (1) individual can register a maximum of five (5) SIMs under a single NRIC/Passport. Malaysian citizen is required to register using NRIC only.
   4. Tune Talk and/or Winner reserves the right to charge up to RM1,000 (by billing, top-ups, or service subscriptions in kind) for reactivation or ownership transfer requests. All such requests will be considered on a case-to-case basis and subject to Tune Talk's policies.
   5. Tune Talk and/or Winner reserve the right to impose a charge for SIM Card replacement. Your SIM Card is not transferable without a written consent from Tune Talk and/or Winner. You will be liable for all the Terms and Conditions herein until Tune Talk and/or Winner confirmed your transfer with a written notice.
5. PORT-OUT
   1. In order to conduct port-out, your current mobile should be active. Once your transaction is complete, your existing Co-Branded Product credit balance and Tune Talk points in the Halo Telco App will be forfeited.
6. CO-BRANDED PRODUCT TOP-UP AND VALIDITY
   1. Co-Branded Product prepaid subscribers are required to purchase airtime credit via top- up vouchers to ensure their account is active in order to use the Co-Branded Product. As a subscriber, you may reload your service subscription via any Halo TelcoGo Platforms or by purchasing valid Co-Branded Product top-up vouchers from any Co-Branded authorised dealers or sale outlets.
   2. The validity period of your account is determined by the value of the credit you buy via the top-up voucher available in certain retail store as displayed on the voucher, app and/or listed on https://www.halotelco.com/. Tune Talk and/or Winner reserve the right to change or modify the denominations or validity period without prior notification.
   3. Upon successful top up purchase, you will be notified via text message of the top up amount, total available credit and new validity period. Tune Talk and Winner are not responsible for, nor do we refund lost, stolen, misused, or damaged top up vouchers or PINs.
   4. All top up purchases are final and non-refundable, regardless of who actually uses or possesses the vouchers or PINs, with or without your consent.
   5. You are only allowed to have a maximum airtime credit of Ringgit Malaysia One Thousand (RM1,000/-) only (“Maximum Airtime Credit Limit”) at any one time during your subscription to Co-Branded Product service and upon reaching the maximum airtime credit limit. Any attempt to top up will be disallowed.
   6. In addition, Tune Talk and Winner are not liable for any loss or damage due to top up errors or mistake caused by the user of the voucher.
   7. Top up vouchers which have passed the expiry date imprinted on them will not be usable and/or returnable.
   8. Tune Talk and Winner are not liable for refunding or compensating expired top up voucher PINs. All top up or reload purchase including online top up are final and not refundable.
   9. Tune Talk and Winner shall not be liable for any loss sustained by subscriber for any unsuccessful top up transaction done through any online or offline platforms caused by any technical disruptions. All queries pertaining to the above top up should be directed to Halo Telco customer’s Care from 8am to 9pm daily at 03-58703107.
   10. Please ensure you reload before the top up validity expires or you will only be able to receive incoming calls and SMS for a grace period of 45 days. During the grace period, you will not be able to perform any outgoing calls, outgoing SMS, and any other Services that we may determine until you top up your account. After the grace period ends, service will then be terminated. Unused credit and Tune Talk Points will be forfeited and the mobile number cannot be reactivated.
7. THIRD PARTY SERVICES OR PRODUCTS
   1. The Personal Accident Insurance plan offered as part of your subscription is underwritten by Tune Protect and therefore subjected to their terms and conditions as published in https://www.halotelco.com/. Tune Talk and Winner are not responsible or liable for any third-party services or products which you access, use or acquire through Co-Branded Product services.
8. GENERAL
   1. In addition to the Terms and Conditions contained herein, information published from time to time on https://www.halotelco.com/, relevant to your continued use of Co-Branded Product, shall be construed as and shall immediately be read as being part of these Terms and Conditions. Tune Talk and/or Winner is not liable for any loss, damage, cost, personal injury or expenses suffered by you or any third party while utilizing Co-Branded Product as a result of the following:
      1. matters beyond our control, such as but not limited to, act of God, mandate from regulatory authority, war, national emergency, pandemic, strike, accident, fire, lightning, equipment and electrical failure and/or malfunction;
      2. any act, omission, error, default or negligence by Tune Talk, Winner or our business partners; and
      3. unauthorized access or usage of Co-Branded Product by third party.
   2. These Terms and Conditions will be governed by the laws of Malaysia. Any dispute between user and Winner and/or Tune Talk regarding this Terms and Conditions will be subject to the exclusive jurisdiction of the courts located in Malaysia and you expressly waive all defenses to jurisdiction.
   3. The Terms and Conditions herein are subject to change without prior notice and at Tune Talk and/or Winner's discretion.
   4. Winner’s marketing centres, authorized partners and/or dealers have respectively entered into agreements with or otherwise shall be deemed to have so entered with Winner and thereby granted the rights to market and sell Co-Branded Product. Tune Talk and/or Winner further reserves their rights to alter or otherwise vary these Terms and Conditions at any time and shall provide you notice thereof by electronic mail or by publishing the change of terms on our website, application or by other reasonable means. It is your responsibility to regularly check the website and/or application to determine if there have been changes to the Terms and Conditions and to review such changes.
   5. Tune Talk and/or Winner further reserves their rights to alter or otherwise vary these Terms and Conditions at any time and shall provide you notice thereof by electronic mail or by publishing the change of terms on our website, application or by other reasonable means. It is your responsibility to regularly check the website and/or application to determine if there have been changes to the Terms and Conditions and to review such changes.
   6. Your continued use, marketing and sale of the Co-Branded Products or involvement thereof after notice of any change to the terms and conditions shall also be deemed to be your agreement to the amended provisions of this Terms and Conditions.
   7. Time is the essence
      8.7.1
      Time, whenever mentioned, shall be of the essence of this Terms and Conditions.
   8. Data Privacy and Personal Data Protection Policy
      8.8.1
      Halo Telco collects and processes Personal Data in accordance with its Privacy Notice. The Privacy Notice applies to all of Halo Telco’s products and services and its terms are made a part of this Terms and Conditions by this reference.
      8.8.2
      Where applicable, you agree and consent to Halo Telco, its subsidiaries, any of its affiliate companies and authorised personnel collecting, using, processing and disclosing Personal Data as further described in our Privacy Notice.

BY USING THE CO-BRANDED PRODUCT YOU AGREE THAT YOU HAVE READ THESE TERMS AND CONDITIONS AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.