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Definitions
In these Terms & Conditions:
- 'OTSB'
means Otelo Telecommunications Sdn Bhd.
- 'TDTone
Rewards Programme' is defined as the rewards Membership programme run
by OTSB.
- ‘Members’
are defined as individuals who join
TDTone Rewards Programme.
- 'Membership'
means those arrangements by which a Member agrees to participate in
TDTone Rewards Programme and receives Bonus by recruiting downlines
under these Terms & Conditions.
- ‘Bonus’
is defined as
monetary contribution by downlines recruited by Members and downlines
recruited by downlines of members in accordance to the current
prevailing TDTone Reward Plan.
- ‘TDTone
Weekly Rewards
Programme’ refers to a TDTone Rewards Programme whereby,
Members will
accumulate bonus for one calendar week beginning from Monday 12:00:01
a.m.* to Sunday 11:59:59 p.m.*
*all time period are according to OTSB’s server clock settings
- ‘Period’
is defined to be
- one
calendar week (seven days) beginning from Monday
12:00:01 a.m.* to Sunday 11:59:59 p.m.* for Members who join our TDTone
Weekly Rewards Programme.
- ‘SuperStarter’
refers to Members in their first Period of
Membership (irrelevant of which day of the Period Member joins e.g. if
Member joins on 20th January 2008, Member will be termed as a
SuperStarter
for the Period beginning 14th January 2008 to 20th January 2008, if
Member participates in our TDTone Weekly Rewards
Programme).
- ‘Level
1’ refers to the immediate Upline
of a Member; ‘Level 2’ refers to the immediate
Upline of
Level 1 and so forth.
Membership
- Membership
of TDTone is automatic when any
individual participates in either TDTone Weekly Rewards Programme. Only
individuals above 18 years may
be Members. Any individual who wishes to become a Member must agree to
be bound by these Terms & Conditions, as varied from time to
time.
Each Member will be issued with a Member ID and secret code.
- Members
will provide information via mobile short-messaging-service (SMS)
(where information such as name, identification number, address, bank
name and bank account number for bank transfer purposes, as well as
other similar personal information has been requested) or through other
communication with OTSB. Additionally, information about the Member may
be obtained through various applications including the web or
Self-Service Phone System or SMS or a poll/survey or by any other means
that OTSB may introduce from time to time. In the instance where a
Member registers, OTSB will consider that the Member is agreeable to
its Terms & Conditions, upon the first top-up.
- OTSB
may
refuse an application for Membership and reserves the right not to
disclose the reasons for such refusal. A Member must notify OTSB
immediately of any change of address or of a lost or stolen registered
sim card (the number registered by Member).
- OTSB
may
terminate a Membership of TDTone without notice and for any reason,
including if the Member fails to comply with these Terms &
Conditions:
- Supplies
any misleading information or makes any misrepresentations to OTSB or
to any Downline in connection with TDTone; or
- Abuses
any privilege accorded to the Member under the Programme; or
- Engages
in any fraudulent activities under the Programme; or
- Does
not top-up for a period of 6 months or more; or
- OTSB
reserves the right to send Bonus Summary SMS, or other
promotional SMS to a Member at its own discretion. SMS charges apply.
- Any
tax arising from a Member's participation in the Programme is the
responsibility of the Member.
Bonus
- All
Members who participate in TDTone Rewards Programme will be entitled to
overriding bonus on a Period basis.
- Upline
Members can override commission contributed by downline Members.
- TDTone
Weekly Rewards Programme
SuperStarter Members will only contribute to their immediate
Uplines’
bonuses (Level 1 only) during their first Period of Membership. (This
supersedes all materials produced or printed which state otherwise).
Contribution from a TDTone Weekly Rewards Programme SuperStarter Member
to Level 1 (the immediate upline of the SuperStarter Member) is 50%.
- Contribution
from Members to their Upline’s bonuses from their second
Period onwards
will be changed to 8 (eight) levels. Contribution to Level 1 (immediate
upline of the Member who maintained or auto maintained) is 5%, Level 2
is 5%, Level 3 is 12%, Level 4 is 12%, Level 5 is 12%, Level 6 is 2%,
Level 7 is 1% and Level 8 is 1%.
- All
Members are responsible to ensure that their reloads
(or auto-maintenance) have been done for each and every period to be
eligible for overriding bonuses.
- SuperStarter
Members who do
not have enough bonus in Period 1 for auto-maintenance of Period 2 will
be eligible for Period 2 bonus if their accumulated bonus at the end of
Period 2 is >= RM20.
- SuperStarter
Members with
accumulated bonus >=20 but <RM40 at the end of Period 2,
will
have RM20 deducted for auto-maintenance without air-time for Period 2.
This special arrangement applies only to Period 2 of TDTone Rewards
Programme Membership. If the accumulated bonus at the end of Period 2
is >= RM40 but <RM80, RM40 will be deducted as
auto-maintenance
for Period 2 (the air-time of RM40 will be added back to
Member’s total
air-time). These Members will then need to topup by themselves for
Period 3 to be eligible for Period 3 bonuses. If the accumulated bonus
at the end of Period 2 is >= RM80, an additional RM40 will be
deducted as auto-maintenance for Period 3.
- SuperStarter
Members with accumulated bonus of <RM20 at the end of Period 2
are
not eligible for auto-maintenance without air-time for Period 2 nor
overriding bonus.
- Members
who pre-register in Period 1 but
topup in Period 2 will not contribute to Upline’s Period 1
bonus.
Member must topup in Period 1 to be eligible for contribution to
Upline’s Period 1 bonus even though the date of joining is
considered
the date of pre-registration. These Members will not be considered as
“SuperStarter” Members. In the Period (Period 2)
that they topup for
the first time, it is considered their Period 2; therefore they will be
contributing to 8 (eight) levels instead of 3 levels (SuperStarter).
- Bonus
commission payments are calculated at the end of every Period. Payment
for bonuses will be made to your bank account via bank transfer.
- OTSB
will, at best effort, send the bank transfers
instruction on the 4th day of the next Period for TDTone Weekly Rewards
Programme Members* *OTSB makes no
explicit or implicit warranty on the date that the
transaction will arrive at Member’s bank account, including
but not
limited to incorrect account information, holidays, banking delays etc.
- RM40
will be deducted from your current Period accumulated
bonus automatically for auto-maintenance of the next Period before the
bonus is paid to you. You must have accumulated at least RM100 (net of
SMS charges and bank transfer charge of RM5) bonus before a bank
transfer is made.
- Disputes
arising over bonus calculation
must be notified to OTSB within one month from the date of the relevant
bonus calculation. Members are requested to provide supporting
documents wherever applicable to assist OTSB settle the dispute. The
bonus calculation will otherwise be taken to be correct and binding on
the Member. OTSB's decision on any such dispute is final and binding.
- OTSB
may also deduct from the Bonus balance in a Member's Account, given the
following circumstances: -
- Any
Bonus suspected to be fraudulently recorded; or
- Any
Bonus recorded in error; or
- Any
Bonus relating to a transaction which is cancelled
*OTSB reserves the right to deduct any such bonus as stated above
without notifying the Member.
m-Services
- Standard
operator charges will apply for each
request made via SMS. In addition each successful response received
from OTSB will be charged RM0.30, each invalid or erroneous SMS,
including session timeout messages and any error messages sent by OTSB
will incur a charge of RM0.15.
- After
receiving Members'
requests for any particular service via SMS as described above, OTSB
will send a response to the given telephone number. If the Members'
data request via SMS is insufficient or incorrect or if OTSB for any
other reason considers it necessary, OTSB has the right to decline to
send a response without any notice to Member.
- OTSB
shall not
be liable in any way for failures, defects or delays in the delivery of
a response for any reason whatsoever. The Member is responsible for all
charges incurred if the Member accidentally erases, replaces or deletes
any of the responses by receiving another response or otherwise.
General
- The bonus is on
the Members to ensure that their
maintenance for each and every Period is done. Any member who does not
maintain at any one Period will have his / her account suspended.
- Membership
will be suspended for a maximum period of six (6) months; thereafter,
the Membership will be terminated. All their downlines will be
compressed to their immediate upline. Member has another six (6) months
to request for a refund of his / her bonus; failure to do so will
result in his / her bonus being forfeited.
- Call time will be
kept for three (3) months and returned to them if they maintain at any
time during the initial three (3) months of Membership suspension.
- Call
rates are subject to change without notice. One-off connection charges
and charging blocks may apply to certain destinations.
- Members
are not allowed to solicit or conduct any other businesses with TDTone
members within the premises of TDTone business previews &
seminars
and OTSB offices, other than TDTone business.
- Members are
not allowed to add additional charges on top of TDTone topup purchase
value and misrepresent to other members as collection due to OTSB. A
RM40 reload must be sold at RM40; OTSB will not collect any additional
charges.
- Contents of our
SMS command set are copyright ©2006-2008 of Otelo
Telecommunications Sdn. Bhd.
- While
OTSB always ensure the best services possible, OTSB makes no explicit
warranty as to the quality and merchantability of the services offered
under TDTone.
- Otelo©
Telecommunications Sdn Bhd has the
right to suspend / terminate the membership of any members who does not
adhere to the above Terms & Conditions.
- Terms &
Conditions on usage of this service and reward scheme are subject to
change without notice. Members agree that the continued usage,
participation or acceptance of reward payments indicate a
Member’s full
acknowledgement and agreement to the prevailing terms and conditions as
set out by OTSB for TDTone Rewards Programme. Members agree to abide by
the announcements and Terms and Conditions listed in our web-site www.otelo.com.my.
OTSB will attempt to notify Members of any changes
- A
notice shall be deemed to be given by OTSB to a Member if it is sent by
SMS to registered mobile number of the Member appearing in the OTSB
records or published in the media or on TDTone's website at www.otelo.com.my.
- These
Terms and Conditions, as may be amended from time to time pursuant to
Clause 11 above, shall prevail over any provisions or representations
contained in any other promotional materials or advertising of TDTone.
- In
the event where there is any inconsistency(ies), conflict(s),
ambiguity(ies) or discrepancy(ies) between English and Bahasa Malaysia
or Chinese versions of these terms and conditions, the English version
of these terms and conditions, which shall be posted in OTSB HQ, shall
prevail.
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OTSB
is not liable under the following circumstances:
- Any
delay in replacing a secret code or for any unauthorized use of
Membership;
- Any
unauthorized redemption of Bonus;
- Any
unauthorized use of Bonus or unauthorized sale of Bonus;
- Any
failure to notify Members of any changes in these Terms &
Conditions, Partners, qualifying goods and services and/or the amount
of Bonus
- The
suspension and/or termination of the Programme;
- Any
technical failure of system, including Topup (Internal and Third Party)
OTSB's website, Callback System and mobile short-messaging-service
system (SMS) which may impede a Member's transaction
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