Please read and understand these Terms & Conditions to various products and services
TUNE TALK FAIR USAGE POLICY
By registering, using and accessing to any communication service (“Service”) made available by Tune Talk Sdn Bhd (200601001210) ("Tune Talk") the Subscriber hereby agrees to be bound and be subject to this Fair Usage Policy (“Policy”) which is supplemental to Tune Talk Service Subscription Terms and Conditions (“Service T&C”) and any other additional terms and conditions for any Tune Talk’s plans, promotions, boosters and freebies.
Tune Talk’s “Subscribers” shall include Tone Excel and Tone Plus subscribers and any other Tune Talk co-branded subscribers. Tune Talk ‘s “Service” shall include (and not limited to) voice, sms, data, wireless broadband, internet access, sim card, e-sim, airtime, web or mobile application access, plans, promotions, loyalty Points, benefits and/or add-ons.
This Policy is designed to ensure Tune Talk Service that is subscribed by the Subscribers are not severely affected due to heavy usage and abuse by certain numbers of Subscribers.
Tune Talk may, from time to time and without notice, change, amend or update this Policy, which will be posted on Tune Talk’s official website at www.tunetalk.com. Subscribers are advised to regularly visit Tune Talk’s official website to be updated on any changes to this Policy. Subscribers continued use of the Service constitutes Subscribers’ unconditional acceptance, acknowledgement and agreement to be bound by such Policy.
All of Tune Talk’s services, plans, promotions, campaigns are subjected to this Policy including specific terms as provided in each of their listed terms and conditions.
Subscribers shall not use the Service with any unauthorised device(s) (including modems, SIM boxes or any similar apparatus), programs or applications or in any other manner which unfairly exploit the Service for the purposes of bypassing product policies, unauthorised reselling, commercial gain or use beyond the limit of normal or allowed use. In the event Subscribers are suspected or identified of breach of the Fair Usage Policy, upon providing notice Tune Talk reserves the right to:
apply further charges to the Subscriber’s account;
register the Subscriber under another plan;
interrupt or throttle usage; and/or
exclude or bar Subscriber from the Service either temporarily or indefinitely, with no further notice.
Tune Talk shall continuously monitor and optimize its Service performance and shall take the necessary actions to control any Subscribers deemed in breach of the FUP.
Subscribers are not allowed to:
Call or send SMS to generate income for his/herself or others, other than for Subscribers’ own individual communications;
Use Tune Talk Service, airtime minutes, SMS' or data wholesale on Tune Talk’s Network;
Use the Service in connection with a device, software or applications which reroutes calls or allows the sending of bulk SMS' to or from Tune Talk’s Network or the network of any supplier;
Set up switch devices which could keep a line open potentially for hours and limiting the ability for other Subscribers to access to Tune Talk’s network;
use unusual calling patterns inconsistent with normal, individual plan use, for example, regular calls of short duration or calls to multiple numbers in a short period of time;
Use the Service or any part thereof, for commercial purposes, except with prior written arrangement or authorization with Tune Talk;
Send or upload unsolicited electronic messages through various communication modes, not limited to, e-mails, SMS’ or instant messaging services where there is no prior relationship between the sender and the recipient, whether or not 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;
Excessive usage of the Service including usage of certain software applications which may cause network congestion and negatively impair other Subscribers' usage including without limitation sending or receiving files containing very large amounts of data (including without limitation traffic from peer-to-peer software or applications) or using file sharing software; and
Any repeated, unusual or abusive patterns involving change or manipulation of rate plans or recurring Internet data plan, boosters or passes which will be disallowed.
In using the Tune Talk Service Subscribers shall conform to and not violate any laws, particularly the laws of Malaysia, any order, regulation or industry code of practice and not permit any illegal use such as:
sending, receiving, publishing, posting, distributing, disseminating, encouraging the receipt of, uploading, downloading or using any material which is offensive, abusive, defamatory, indecent, obscene, unlawful, harassing or menacing or a breach of the copyright, trademark, intellectual property, confidence, privacy or any other rights of any person;
knowingly or negligently transmitting or uploading any electronic material(s) or SMS or messages (including, without limitation, files that contain viruses, corrupted files, or any other similar software or programs) which is known or likely to cause, interrupt, damage, destroy or limit the functionality of any part of Tune Talk’s Network not limited to computer software, hardware or telecommunication equipment or any other internet user or person;
allowing activities that invade another's privacy or cause annoyance or inconvenience to any person;
allowing activities in breach of any other third party's rights, including downloading, installation or distribution of pirated software or other inappropriately licensed software, deletion of any author attributions, legal notices or propriety designations or labels in any file that is uploaded, falsification of the origin or source of any software or other material;
allowing anything that may disrupt or interfere with Tune Talk Service or causes a host or any part of Tune Talk Service or Network to crash;
launching "denial of service" attacks, "mail-bombing" attacks, "spamming" or "flooding" attacks against any part of Tune Talk’s Service or Network;
making excessive use of, or placing unusual burdens on Tune Talk’s Service or Network, e.g., by sending or receiving large volumes of emails or SMS’ or messages or excessively large mail attachments;
circumventing the user authentication or security process of a host, Tune Talk’s Service or Network;
creating, transmitting, storing or publishing any virus, Trojan, corrupting programme or corrupted data.
Subscriber shall ensure that:
Subscriber’s User ID and/or password, be kept and remain confidential to Subscriber at all times. Tune Talk may request Subscriber to change his/her User ID and/or password if deemed necessary;
not to disclose Subscriber’s User ID and/or password to any third party, or use the same for any purpose connected with the improper use of the Tune Talk network including accessing or attempting to access other parts of the Service for which Subscribers do not have access rights;
Subscribers be responsible and take all reasonable steps necessary to prevent a third party from obtaining access to the Tune Talk Service or Network;
Subscribers immediately inform Tune Talk if he/she becomes aware of any violation or suspected violation of the provisions of this Policy.
be responsible for the set-up and security of Subscriber’s computer and or any device.
Subscriber protects his/her computer and/or device with legitimate anti-virus software.
not run port-scanning software on any of Tune Talk Service;
not attempt to gain unauthorised access to any computer system;
not undertake any activity that has an adverse effect on any part of Tune Talk Service;
not resell or otherwise charge others for the use of Subscriber’s internet connection. The Service is for recreational, residential, personal use only and may not be used for operations of an internet service provider unless authorised by Tune Talk;
If Subscriber violates or Tune Talk has reasons to believe that Subscriber violates any part of this Policy, Tune Talk may, at its sole option and discretion, provide notice and take immediate action including, but not limited to, having the Subscriber’s bandwidth managed, alter, change or limit Subscriber’s Service plan, have the Service suspended or terminated (with or without notice as Tune Talk considers appropriate).
If Tune Talk reconnects Subscriber’s Service at its discretion, Subscriber may be charged with a reconnection fee.