In respect of your purchase of / subscription to the Smart Security Services, you will be subject to the terms in this SSTC and the Smart Security Service Additional Terms (available at https://www.secomsmart.com.my/cms-service-agreement-terms-and-conditions/ and in Appendix 1 hereto).
Your Acknowledgement
You accept and acknowledge to Maxis that:
You are accountable for the use and safety of the Smart Security Equipment during the SSS Term. Nothing in this SSTC shall be construed as transferring the title or ownership of the Smart Security Equipment to you unless expressly stated otherwise. You shall not directly or indirectly give or allow another person to give any interest in or lien over the Smart Security Equipment. You shall promptly, at your own costs and expenses, take all such actions as may be necessary to duly discharge or eliminate any such liens over the Smart Security Equipment upon obtaining actual knowledge thereof;
the Smart Security Equipment and the Smart Security Services do not cause and cannot eliminate occurrences of the events they are intended to detect or avert, including but not limited to fires, floods, burglaries, robberies, criminal intrusion, medical problems or other emergency services. Maxis makes no guarantee that the Smart Security Equipment and the Smart Security Services provided will detect or avert such incidents or their consequences. Maxis does not undertake any risk that you may be subject to any injury or loss if such an event occurs. You agree to release, waive, discharge and promise not to sue or bring any claim of any type against Maxis for loss, damage or injury relating in any way to the Smart Security Equipment and the Smart Security Service, unless the loss, damage or injury is directly caused by Maxis due to its breach of any terms of the Agreement; and
this SSTC and/or Agreement is not intended as a policy of insurance nor a substitute for an insurance policy.  Nothing in this SSTC and/or Agreement shall constitute Maxis as an insurer. If you want to be insured against any risk or loss at your Premises, you shall purchase such insurance from a licensed insurer. In the event that any such loss, damage or injury arises for which you are insured, you will look exclusively to your insurer and not to Maxis for any compensation. You release and waive all subrogation and other rights to recover against Maxis arising as a result of the payment of any claim for such loss, damage or injury for which you are insured.
Liability
You agree with, and acknowledge to, Maxis that:
the Smart Security Services are provided by SECOM Smart. In such situations, Maxis excludes any liability related to it and is not responsible for any loss, damage, injury, liability or expenses arising from any claims whatsoever including but not limited to cyber terrorism, invasion of privacy, infringement of intellectual property rights or breach of any law or regulation arising from the use of the Smart Security Service, whether by you or any other third party; and
the Smart Security Service may be subject to limitations, delays and other problems inherent in communication facilities and network, including the internet. Therefore, Maxis shall not be responsible for any delays, delivery, failures or other damage or loss resulting from such problems.