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This Tune Talk mobile communication service (“TUNE TALK Service”) is provided to you by Tune Talk Sdn. Bhd. (Company number: 720957-V) (“TUNE TALK”) as a co-branded product under a co-branding program with Winner Venture Sdn. Bhd. (Company number: 1285421-A) (WINNER) (collectively referred to as the “Co-Branded Product”) subject to the terms and conditions appearing herein (“Halo Telco Service Subscription Terms and Conditions” or “Terms and Conditions”).

TUNE TALK has appointed WINNER as its agent to represent TUNE TALK in this Terms and Conditions with you.

Please read this Terms and Conditions where upon subscription of Co-Branded Product, you are deemed to have read this Terms and Conditions and agree to be bound by them.

Additional terms and conditions specific to our value-added services are set out in the User Guide in customer’s starter pack and on the HaloGo Partner Application at https://app.halogo.my. These, including amendments to them, are hereby incorporated as an essential part of these Terms and Conditions, all of which are collectively referred to as “Terms and Conditions.”

    • 1.1 You acknowledge that you have read and fully understood all the Terms and Conditions. Your use of the Co-Branded Product, upon activation, constitutes unconditional acceptance to be bound by additional terms specific to various value-added services and these Terms and Conditions including its amendments. You confirm that you are competent to accept these Terms and Conditions. You confirm that you are at least 18 years of age. The information you provided for registration is valid and accurate.
    • 1.2 By registering and activating your Co-Branded Product, you agree to:
      • a. Be a TUNE TALK subscriber of TUNE TALK Service under Co-Branded Product Program with WINNER;
      • b. Update us of your registration information should there be any changes;
      • c. 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;
      • d. Bear responsibilities for all charges incurred to the mobile number you purchased;
      • e. 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.
      • f. Obtain the necessary compatible hardware communication device, i.e. mobile GSM, 2G, 3G, 4G or LTE phone to access the TUNE TALK Service;
      • g. 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
      • h. Allow TUNE TALK to access your account information, including usages to respond to service or technical issues and marketing activities.
    • 2.1 “Co-Branded Product” means the TUNE TALK mobile telecommunication services co-branded 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 HaloGo Partner Application from time to time. Co-Branded Product is offered on an “as is” and “as available” basis with no warranties of any kind.
    • 2.2 Tune Talk and WINNER reserve the right to terminate your subscription or use of the Co-Branded Product at any time without notice in the event that you are found to be conducting the activities below:
      • a. providing inaccurate and/or incomplete registration information;
      • b. conducting improper and/or abusive usage pattern; and/or
      • c. using the Co-Branded Product for any other purposes not related to telecommunications.
    • 2.3 Pursuant to clause 2.2 (c) above, the circumstances shall include but not be limited to:
      • a. using the Co-Branded Product for SMS and/or call spamming purposes;
      • b. using the Co-Branded Product to create multiple social networking sites’ accounts and/or email accounts for any fraudulent purposes and activities; and/or
      • c. using the Co-Branded Product for any fraudulent activities related to the registration or use of the Co-Branded Product.
    • 2.4 TUNE TALK and 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 reserves the right to add, change or terminate any of our or Co-Branded Product promotions, services, rates and charges without prior notice.
    • 2.5 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 WINNER reserves the right to charge you at prevailing rates or suspend/terminate the services in accordance with this Agreement.
    • 3.1 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.
    • 3.2 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:
      • a. for any unlawful purposes or for any purpose which is against public interest, public order or national harmony;
      • b. to publish defamatory, infringing, obscene or other unlawful material;
      • c. 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;
      • d. in a way that is prejudicial to TUNE TALK and/or WINNER’s interest; and/or
      • e. 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.
    • 3.3 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.
    • 4.1 All SIM Cards must be activated either by performing a top-up transaction, placing a call or sending a message within seven (7) days of registration and in Malaysia only. SIM Cards which have not been activated within seven (7) days from registration date will not be useable. TUNE TALK and/or WINNER is not liable for refunding or compensating such expired SIM Cards.
    • 4.2 TUNE TALK and/or WINNER reserves 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.
    • 5.1 The validity period for each top up denomination is printed on the voucher and listed in the HaloGo Partner Application. TUNE TALK and/or WINNER reserves the right to change or modify the validity period without prior notification. You will be notified via text message of the top up amount, total available credit and new validity period upon each successful top up. TUNE TALK and/or WINNER is not responsible for, nor do we refund lost, stolen, misused, or damaged top up vouchers or PINs. 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. In addition, TUNE TALK and/or WINNER is not liable for any loss or damage due to top up errors caused by the user of the coupon. Top up coupons and e-voucher PINs which have passed the expiry dates will not be usable. TUNE TALK and/or WINNER is not liable for refunding or compensating expired top up coupons or e-voucher PINs.
    • 6.1 Introduction
      • 6.1.1 By registering, using and accessing any communication services (“Services”) made available by Winner Venture Sdn. Bhd. (201801023401 (1285421-A)) (“Winner Venture”, “Halo Telco”, “HaloGo”, “us”, “we”, or “our”), the Subscriber hereby agrees to be bound and subject to this Fair Usage Policy (“Policy”) as contained herein. This Policy is supplementary to the Halo Telco Service Subscription and any other additional terms and conditions for any of HaloGo’s plans, campaigns and promotions.
    • 6.2 Definitions
      “Services” Shall include but not be limited to HaloGo’s voice, messaging, mobile internet, SIM card, airtime, web, mobile application access and/or any other services which may be provided by HaloGo from time to time.
      “Subscribers” or “You” Refer to the person subscribing to the Services, whether as an individual, a sole proprietorship, partnership, body corporate or agencies of any kind.
    • 6.3 Purpose
      • 6.3.1 This Policy is designed to ensure fair usage of the Services are experienced by the Subscribers. In order to do so, HaloGo monitors and detects extremely high usage and abuse by a number of Subscribers and take preventive and punishable actions against the related Subscribers.
      • 6.3.2 HaloGo shall continuously monitor its network performance and may take the necessary actions to control the identified heavy usage Subscribers.
    • 6.4 Volume Allocation
      • 6.4.1 All Services are allocated to each Subscriber with a specific quota allowance depending on the plan subscribed. Once Subscriber has exceeded his allocated allowance, he will automatically be charged for any further use of the Services and/or the Services will be capped at a certain limit until he subscribes to another plan. Therefore, we encourage the Subscribers to regularly check and monitor their usage of the Services to avoid any inconveniences to the enjoyment of the Services.
      • 6.4.2 HaloGo reserves the right to review, amend and/or vary the volume allocation of all the Services provided at any time. In the event that HaloGo has decided to do so, HaloGo will notify you of any changes to the volume allocation via any suitable communication means.
    • 6.5 Prohibited Use
      • 6.5.1 The list below is a non-exhaustive list of the actions that are prohibited while using and accessing any of HaloGo’s Services:
        • • Sending or uploading unsolicited electronic messages sent through various means including but not limited to SMS, MMS, email and/or cross-platform messaging, of which messages includes malicious program, content and/or data where there is no prior relationship between the sender and the recipient, regardless whether the content is commercial or non-commercial, advertising or promotional materials, offers to sell any goods or services, or conducting or forwarding surveys, contests or chain letters;
        • • Abusing or misusing the Services or otherwise use any of the Services not in accordance with the guidelines and restrictions provided by HaloGo or this Policy;
        • • Using the Services for commercial gains or purposes for himself or others without HaloGo’s prior written consent, other than for Subscriber’s own personal communications and/or corporate Subscribers;
        • • Using the Services in connection with a device, software or applications which reroutes calls or allows the sending of bulk SMS to or from HaloGo’s network or other network suppliers;
        • • Setting up switch devices which could keep a line open potentially for hours and limiting the ability for other Subscribers to access HaloGo’s network;
        • • Sending bulk messages (except for corporate Subscribers);
        • • Using unusual calling patterns inconsistent with normal, individual plan use; and
        • • Using the Services in a manner which is against the law, guidelines, regulations, restrictions and/or any codes applicable at the time as enforced by the government or any regulatory bodies.
    • 6.6 Illegal Use
      • 6.6.1 The list below is a non-exhaustive list of the actions that would be considered as illegal uses of the Services:
        • • Publishing, posting, distributing, sending, uploading, downloading or using any materials which are defamatory, obscene, unlawful, offensive, indecent or infringing the intellectual property or any other rights of any person;
        • • Purposely transmitting, uploading or distributing materials and/or files that contains virus, Trojan horse, worm and/or logic bomb which is known to interrupt, damage, destroy or limit the functionalities of any software, hardware or telecommunications equipment owned by HaloGo or any other entity;
        • • Allowing activities which cause inconvenience, annoyance, irritation and invades the individual’s privacy;
        • • Allowing or conducting any activities which may disrupt or interfere with HaloGo’s network or services;
        • • Using the Services excessively which may cause network congestion and affect other Subscriber’s experience with HaloGo’s network, including but not limited to sending and/or receiving large files; and
        • • Launching “denial of service” attacks, “mail bombing” attacks, “spamming” or “flooding” attacks against a host, HaloGo’s network or any other parties’ network.
    • 6.7 Security
      • 6.7.1 Subscriber must ensure that they keep their personal information and account credentials confidential at all times.
      • 6.7.2 Subscriber shall not use their account and/or the Services to access other parts of the Services which they do not have the rights to access.
      • 6.7.3 Subscriber shall not share their account credentials to any other third parties at any time.
      • 6.7.4 Subscriber shall immediately inform HaloGo if they believe that their account has been compromised.
    • 6.8 Violation of the Policy
      • 6.8.1 In the event that any of the Subscribers use the Services excessively and/or has exceeded the permitted limitations, HaloGo at our sole discretion, may take any actions against the Subscriber without notice, including but not limited to:
        • • impose further charges to the Subscriber’s account;
        • • register the Subscriber under another plan;
        • • reducing or throttling the internet speed (where applicable);
        • • interrupt the Subscriber’s subscription; and/or
        • • terminate and/or bar the Subscriber from using, accessing and subscribing to HaloGo’s Services, either temporarily or permanently, with no prior notice.
      • 6.8.2 If you discover any illegal, unlawful or unacceptable use of the Services by any person, please contact our customer service via email at [email protected] to report the matter.
    • 6.9 Variation and Amendments
      • 6.9.1 HaloGo reserves the right to vary the terms and conditions of this Policy at any time with or without notice to the Subscriber and the Subscriber shall be bound by the amended Policy. Upon continued use of the Services, Subscriber is deemed to accept the variation and amendments of the Policy. Subscriber shall visit HaloGo’s website, HaloGo Application or any other applicable communication means to determine and be aware of any amendments to this Policy.
    • 7.1 In addition to the Terms and Conditions contained herein, information published from time to time on https://app.halogo.my/, 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:
      • a. matters beyond our control, such as but not limited to, act of God, mandate from regulatory authority, war, national emergency, strike, accident, fire, lightning, equipment and electrical failure and/or malfunction;
      • b. any act, omission, error, default or negligence by TUNE TALK or our business partners; and
      • c. unauthorized access or usage of Co-Branded Product by third party.
    • 7.2 These Terms and Conditions will be governed by the laws of Malaysia.
    • 7.3 The Terms and Conditions herein are subject to change without prior notice and at TUNE TALK and/or WINNER’s discretion.
    • 7.4 WINNER’s branch, 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.
    • 7.5 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 or by other reasonable means. It is your responsibility to regularly check the website to determine if there have been changes to the terms and conditions and to review such changes. Should you be dissatisfied with any terms or conditions, you may terminate this agreement by providing thirty (30) day written notice under the agreement failing which you shall be deemed to have consented to the terms and conditions of the agreement as modified and/or varied from time to time.
    • 7.6 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 terms and conditions of the agreement.