Product Terms and Conditions
Yoodo is an independent mobile service owned and operated by Celcom Mobile Sdn Bhd (Company No. 27910-A) ("Celcom").
The Service(s) under Yoodo are made available by Celcom subject to the Terms and Conditions herein. You acknowledge that you have read and fully understood these Terms and Conditions. Your use of the Service, upon Activation, constitutes unconditional acceptance of these Terms and Conditions (as may be amended from time to time). You must ensure that any person you allow to use the Service complies with these Terms and Conditions.
In the event of any inconsistency between the English version and the Bahasa Malaysia version of these Terms and Conditions, the English version shall prevail.
Part A: General Terms and Conditions ("GTC")
Definitions
For the purpose of these Terms and Conditions, the following terms shall, unless the context otherwise requires, have the meanings as defined below. All other terms not defined shall have the meaning as accepted within the industry based on the context used herein:
Account | means an account opened for you with Celcom upon subscription to the Service. |
Activation or Activated | means the point in time when the Service is activated in Celcom's System. |
Addendum | means any addendum(s) executed by you and accepted by Celcom for value added, supplemental or additional Services. |
Agreement | means the completed Online Registration Form and these Terms and Conditions including any addendum or subsequent amendments or variations. |
Celcom's System | means the telecommunication system utilised by Celcom in providing the Service. |
Content | means any contest, java games, information, text, sound, music, software, photographs, videos, graphics, data messages or other materials received by you including but not limited to VAS. |
Wallet | means an electronic device, website, software system, or database that facilitates commercial transactions by storing a consumer's credit. |
Donor Network Operator or DNO | means a mobile service provider from which a Mobile Number has been or is to be ported out. |
Mobile Device | means a wireless device together with accessories for the use of the Service. |
Mobile Number | means the mobile number assigned to you by Celcom. |
Mobile Number Portability or MNP | means your ability to change from one mobile service provider to another and retain your Mobile Number. |
Principal User | refers to you or in the case of a company, any person nominated by the company to be the Principal User. |
Recipient Network Operator | means a mobile service provider to which a Mobile Number has been or is to be ported in. |
Registration Form | refers to the Online Registration Form completed by you and approved by Celcom. |
Service(s) | means mobile telecommunication services to be provided by Celcom to you pursuant to the Agreement. |
SIM Card | means the microprocessor card provided by Celcom which is inserted into the Mobile Device and contains a personal identification number (PIN) for access into the Service. |
SKMM | means Suruhanjaya Komunikasi dan Multimedia Malaysia also known as the Malaysian Communications and Multimedia Commission, established under the Communication and Multimedia Commission Act 1998. |
Supplementary SIM Card | means the Supplementary SIM Card which has been issued at the Principal User's request to a third party approved by Celcom. |
Supplementary User | means any third party approved by Celcom to be a supplementary user of the Service at your/Principal User's request. |
Terms and Conditions | means the general terms and conditions and the specific terms and conditions of each Service as may be varied or modified from time to time at Celcom's sole discretion. |
Value Added Service or VAS | means additional functions, features or facilities which are currently available or will be made available by Celcom from time to time and may be subscribed to and/or used by you in connection with the Service to enable you to access and use information, data, content, WAP and other interactive applications and/or services over the internet and/or intranet. |
You or Your | refers to the person aged eighteen (18) years and above and authorised to use the Service subject to these Terms and Conditions. |
Period of Agreement
This Agreement shall take effect from the Activation date of the Service and shall continue to be in force until terminated in accordance with these Terms and Conditions.
Your Responsibility
Celcom's Rights
- Celcom reserves the right to make any alteration or changes to the Service, or any part thereof, or suspend the Service without any prior notice and Celcom shall not be liable for any loss or inconvenience resulting therefrom.
- Celcom reserves the right to vary, add or amend these Terms and Conditions. Any variation, addition or amendment shall be published on Celcom's website. Your continued use of the Service after the effective date of any variation, addition or amendment shall constitute your unconditional acceptance of the same.
- Celcom may extract any Short Message Service (SMS) details or Personal Information or any other data which is required to be used as evidence in court and/or when necessary in the event of a suspected and or proven misuse of the Service.
Personal Information
By executing the Online Registration Form or by using the Services, you have consented for the collation of your Personal Information to be used and/or disclosed in accordance to Celcom's Privacy Notice as posted on our website at www.yoodo.com.my and Personal Data Protection Act 2010. You are advised to read Celcom's Privacy Notice to understand your rights with regards to your Personal Information.
Disclaimer
The Service is provided on an "as is" and "as available" basis. Celcom disclaims all liability and makes no express or implied representation or warranties of any kind in relation to the Service including but not limited to:
- availability, accessibility, timeliness and uninterrupted use of the Service; and
- sequence, accuracy, completeness, timeliness or the security of any data, Content or information provided to you as part of the Service.
Notwithstanding Clause 6.1, above, the availability and speed of the Service shall be subject to the following:
- Celcom's network availability;
- the Mobile Device and WiFi enabled device capability, including but not limited to the coverage, location, use of the WiFi enabled device, Celcom's network traffic and the type of data being transmitted by you;
- the traffic and the volume of users using the Service; and
- your connection to the Service by using a WiFi enabled device.
Celcom's Liability
- Celcom shall not be liable for any costs, loss or damages (whether direct or indirect), loss of revenue, loss of profits and/or any consequential loss whatsoever as a result of your usage of the Service under this Agreement.
- Celcom's entire liability in contract or tort (including negligence or breach or statutory duty) except for death or personal injury caused by Celcom's negligence, shall not at any time exceed the sum of RM500.00 or the total of your charges in the three (3) months preceding the relevant event(s), whichever is lower.
Content
The Content provided by Celcom via VAS may be provided by Celcom or third parties. Celcom does not filter or edit the Content. You acknowledge that Celcom is under no obligation to censor the Content or information provided even if it is co-branded or promoted by Celcom. By using VAS, you acquire no rights or interests to the Content and you agree not to distribute the Content to third parties.
SIM Card
- The SIM Card shall remain the property of Celcom at all times. Celcom grants you the right to use the SIM Card for the purposes of the Service. The SIM Card must be returned to Celcom as and when demanded. Any risk associated with the SIM Card shall automatically be passed to you upon the execution of this Agreement.
- The Service and/or features to be provided under the SIM Card will depend on the products subscribed and/or type of Mobile Equipment used.
- You must not transfer the SIM Card to any other person without Celcom's prior written consent.
- In the event of loss, defective SIM Card, theft, cloning and/or unauthorised use of the SIM Card, you are entitled to free replacement of SIM Card subject to standard delivery charges upon purchase of Yoodo
Mobile Number Portability (if applicable)
Billing
- You shall be responsible for all usage of and charges for the Service in accordance with this Agreement.
- You shall be charged for the Service in accordance with Celcom's prevailing pricing plan or applicable packages ("Plan") chosen by you in the Online Registration Form. Upon the expiry of the plan we will pre-deduct the Plan amount as selected by you or you may choose to discontinue the service
- Celcom may introduce other mode of billing from time to time by giving you prior notice.
- Payment of the services must be made upon the activation of the plan via credit card ordebit card.
- Unless otherwise stated in the bill or elsewhere, all charges are payable in Ringgit Malaysia.
- Celcom shall at its sole discretion vary the amount of deposit, fees and any other charges for the Services or part thereof, without the need to inform you.
- If any supply made under these Terms and Conditions is a taxable supply to which the applicable tax (including but not limited to the Malaysian Goods and Services Tax ("GST") would apply ("Applicable Tax"), then Celcom reserves the right to levy the Applicable Tax at the prescribed rate and you agree to pay the amount of the Applicable Tax.
Matters Beyond Celcom's Control
- Without limiting the generality of any provision in these Terms and Conditions, Celcom shall not be liable for any failure to perform its obligations herein caused by an act of God, insurrection or civil disorder, military operations or act of terrorism, all emergency, acts or omission of Government, or any competent authority, labour trouble or industrial disputes of any kind, fire, lightning, subsidence, explosion, floods, acts or omission of persons or bodies for whom Celcom has no control over or any cause outside Celcom's reasonable control.
- Notwithstanding Clause 12.1 above, you shall remain liable to pay all fees and charges which are outstanding and/or due and payable to Celcom in accordance with the Agreement.
- The Service may occasionally be affected by interference caused by objects beyond Celcom's control such as buildings, underpasses and weather conditions, electromagnetic interference, equipment failure or congestion in Celcom's System or telecommunication systems. In the event of such interference, Celcom shall not be responsible for any inability to use or access, interruption or disruption of the Service.
Severability and Effect of these Terms and Conditions
If any of the provision of these Terms and Conditions should be invalid, illegal or unenforceable under any applicable law, the legality and enforceability of the remaining provisions shall not be affected or impaired in any way and such invalid, illegal or unenforceable provision shall be deemed deleted.
Governing Law
The Agreement shall be governed and construed in accordance with the laws of Malaysia and parties agree to submit to the exclusive jurisdiction of Malaysian courts. This Agreement is subject to the Communications and Multimedia Act 1998 and any applicable subsidiary legislation, rules, regulations, directives and/or orders.
Notices
Assignment
- You shall not assign or novate any or part of your rights or obligations under the Agreement to any party, without Celcom's prior written consent.
- Celcom may assign or novate all or part of the Agreement to any third party by notice to you without your prior consent.
Indulgence and Waiver
Any failure by Celcom to enforce any terms herein, or any forbearance, delay or indulgence granted by Celcom to you will not be construed as waiver of Celcom's rights provided under this Agreement.
Suspension and Termination
Miscellaneous
- No rule of construction or interpretation shall apply to prejudice the interest of the party preparing the Agreement.
- In the event of a conflict or inconsistency between the Online Registration Form, the Terms and Conditions and the Addendums, such inconsistency shall be resolved by giving precedence in the following order: Addendums, the Terms and Conditions and the Registration Form.
- The Agreement constitutes the entire agreement between the parties and shall supersedes all previous agreements, understanding, proposals, representations and warranties relating to that subject matter.
- The clauses which by their nature would survive the termination of the Agreement shall so survive.
- Time wherever referred to in this Agreement shall be of the essence.
- The Agreement shall be binding on and shall inure for the benefit of each party's permitted assigns, successors in title, personal representatives, executors and administrators.
Part B: Specific Terms and Conditions for Yoodo
Fair Usage Policy Terms and Conditions
Yoodo is an independent mobile service owned and operated by Celcom Mobile Sdn Bhd (Company No. 27910-A) (“Celcom”).
The Service(s) under Yoodo are made available by Celcom subject to the Terms and Conditions herein.
Introduction
By registering, using and accessing Celcom's Services regardless of it being subscribed through a post-paid or prepaid plan and/or package, the Customer hereby agrees to be bound and be subject to these terms and conditions as contained herein.
Definitions
“Customer” and “You” refer to the person subscribing to the Services or any other person authorised to use the Services subject to the Terms and Conditions herein and/or an entity of whatsoever description including but not limited to a sole proprietorship, a partnership, a body corporate or otherwise governmental bodies and agencies of any kind established under the laws, rules and/or regulations for the time being in force and which may come in force more particularly described in the Registration Form.
“Commercial Gain” means any form of profits earned and/ or gained by the Customer directly and/ or indirectly arising from usage/utilisation of the Services with any unauthorised device or any other ways in any manner whatsoever which unfairly exploit the Services or spamming activities for the purposes of unauthorised reselling as stipulated in this Fair Usage Policy (“Policy”).
“Services” means Celcom's Voice Service, Celcom Messaging Service and Mobile Internet and/or any other services which may be provided by Celcom from time to time. “Service” refers to each of the aforementioned, respectively.
Purpose
The Services are designed as a shared service and Customer's activities will impact on other users using and sharing the same network. To ensure fairness of usage and experience to all the Celcom's subscribers, Celcom has introduced and implemented this Policy. This Policy is designed to ensure that the Services received by the vast majority of the Customers are not negatively impacted because of extremely heavy usage and abuse by the minority of the Customers. The Customers shall not use the Services with any unauthorised device or any other ways which unfairly exploit the Services for the purposes of unauthorised reselling or Commercial Gain. In the event the Customers use the Services excessively and/or use the Services for Commercial Gain and/or goes beyond the limit of normal/allowed use, Celcom shall reserves the right to inform the Customer that s/he are close to the limit set out and then, if such limit is surpassed, Celcom reserves the right to apply further charges and/or register the Customer under another plan and/or interrupt the subscription and/or exclude him/her from the Services/offer and/or from the Celcom's network, either provisionally or indefinitely, with no further notice
Celcom shall continuously monitor the Celcom network performance and may control the identified heavy usage Customers.
Fair Usage Policy
Mobile Internet
Voice
Celcom Messaging Service
- Utilisation of Celcom Messaging Service, which includes but is not limited to short messages system (SMS) and multimedia message service (MMS), is conditional on fair usage in accordance with this Policy and/or other related terms and conditions governing the Celcom Messaging Service.
- For personal plan/package Customers, you are only to use Celcom Messaging Service for personal and non-commercial purposes and it shall not be used for Commercial Gain.
- You may not abuse or misuse Celcom Messaging Service or otherwise use any of the Celcom Messaging Service in breach of any other applicable restrictions on your use of Celcom Messaging Service under Celcom's Terms and Conditions including but not limited to this Policy.
In subscribing to any Celcom Messaging Service or any plan/package which contains Celcom Messaging Service, you agree not to use Celcom Messaging Service:
- to send unsolicited electronic messages sent through various communication modes including but not limited to email, SMS regardless of existence of prior relationship between the sender and the recipient and regardless of content whether commercial, non-commercial or messages including malicious program and/or content and/or data including unsolicited messages, videos, advertising, marketing or promotional materials (“Spam”); or
- for Commercial Gain purposes; or
- for or to provide for bulk messaging and that you further agree that Celcom Messaging Service shall be used only for “person-to-person” communication; or
- to deliver messages originating from third parties to any person; or
- to send any messages which are against public interest, public order or national harmony; or
- to send, publish, post, distribute, disseminate, encourage 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; or
- for any improper, unlawful, fraudulent or unauthorised purpose or to cause any injury, offence or annoyance to any person; or
- to use or distribute any software applications designed to harvest mobile number or email addresses or personal information or data of the recipient or any third party; or
- to host any device or provide or enable the provision of any service that allows SMS to be sent by third parties using the mobile number allocated to you or service provided by Celcom; or
- for any purpose which violates or infringes any applicable laws, regulations, regulatory requirements, standards or codes; or
- for activities that will adversely affect the ability of users or systems to use Celcom Messaging System; or
- for any other reason that in our sole discretion violates our policy of providing the Celcom Messaging Service for individual use.
You shall use reasonable best endeavours to secure any device or network within their control against being used in breach of your obligations under this Policy by third party software that is intended to damage or disable computers and computer systems (Malware), including where appropriate:
- the installation and maintenance of antivirus software;
- the installation and maintenance of firewall software; and
- the application of operating system and application software patches and updates.
You can reduce the amount of Spam received if you:
- do not open SMS or MMS from dubious sources;
- do not accept Spam-advertised offers;
- report any Spam received; and
- avoid becoming an accidental Spammer by replying the SMS and/or MMS or clicking on dubious links.
Violation of the Policy
Volume Allocation
- You will enjoy the Services depending on the plans or package you purchased.
- Notwithstanding the above, if you fail to receive any notification from Celcom, Celcom will still proceed to manage your Services if you have exceeded your volume allocation. Therefore, you must take the necessary measures to constantly monitor its usages in addition to the volume when accessing and using the Services.
- You must submit accurate and updated personal details to Celcom, which includes the mobile phone number, e-mail address and other information deemed necessary by Celcom to receive the above said notifications.
- Celcom reserves the right to review upwards or downwards the volume allocation depending on the plans without prior notice. Nevertheless, such reduction or restrictions will not limit or stop your activities or usages of the Services.
- The Internet volume calculation shall take into consideration of ALL activities carried out by you including those knowing or unknowingly done under the Services.
Unlawful Activities
In using the Services, you must comply with all applicable laws of Malaysia, including the Communications and Multimedia Act 1998 and any other requirements, codes, notices or restrictions issued by the government, regulatory agencies and/or Celcom or other mobile service providers and will not knowingly permit any illegal use or such use that will discredit Celcom. Celcom reserves the right to release any information if it is required to do so by any law, regulatory body or court of law.
Termination and Suspension
Intellectual Property Rights
You are reminded that any download of illegal content by law is an infringement of intellectual property rights and rightful owners of such intellectual property rights may take measures to prosecute against the individual subscriber. Please be reminded each Customer's download and or upload can be traced back to the Customer's account with Celcom. It is also against this Policy for the Customers carrying out activities which are in breach of any other third party's rights, including downloading, installation or distribution of pirated software or other unlicensed software, deletion of any author attributions, legal notices or proprietary designations or labels in any file that is uploaded, falsification of the origin or source of any software or other material.
Variation and Amendments
Celcom reserves the right to vary the terms and conditions of this Policy from time to time with or without notice to the Customer and the Customer shall be bound by such variation and changes. Please visit the Celcom web page at www.yoodo.com.my periodically to determine any changes to this Policy.
Prevailing Terms
- This Policy is supplemental and shall be read together as an integral part of terms and conditions of governing the Services and its relevant addendum. If there is any inconsistency between the Policy and the terms and conditions (and addendum, if any) of the Services, the latter as shall prevail.
- In the event of any inconsistency between the English version and the Bahasa Malaysia version of this Policy, the English version shall prevail.
Disclaimer
This Policy shall only be applicable to the usage of Services by the Customer and shall not in any way be applicable and enforceable against Celcom in so far as the law of Malaysia permits.
Web Usage Terms & Conditions
Yoodo is an independent mobile service owned and operated by Celcom Mobile Sdn Bhd (Company No. 27910-A) (“Celcom”).
The Service(s) under Yoodo are made available by Celcom subject to the Terms and Conditions herein.
Below are the general Terms and Conditions governing your access and use of Celcom's web sites and WAP sites (collectively "Sites"). If you do not agree with them, you should not proceed any further on the Sites or with registration. By continuing to use the Sites and/or any of the services shown on the Sites, you agree to be bound by these Terms and Conditions.
Definitions
For the purpose of these Terms and Conditions, the following terms shall, unless the context otherwise requires, have the meanings as defined below. All other terms not defined shall have the meaning as accepted within the industry based on the context used herein:
Access Information | means the access information that we require from you before entering certain parts of the Sites for which you have registered, it may be a username, password, your mobile phone number or other similar recognition device. |
Celcom Network | means the telecommunications system (including fixed line, cellular radio, internet and WAP sites) operated by Celcom or its Group of Companies. |
Content | means all data, information, material and content, including but not limited to text, pictures, photographs, software, video, music, sound and graphics. |
Functionalities | means the services offered on or via the Sites, which may include (but is not limited to) chat, discussion group or bulletin board services or email, SMS or voice messaging services, online transactions, search engines and e-commerce facilitators. |
Services | has the meaning given to it in Clause 2.1 |
Terms and Conditions | means the contract between Celcom and you incorporating these terms and conditions. |
Trade Marks | means the word or marks belongs to Celcom or its Group of Companies. |
Customer care
If you have a general enquiry about Yellow's products and services, you can contact us via email support@yoodo.com.my or via livechat.
Use of content
- The services that we are providing to you via the Sites consist of the Content and the Functionalities available on the Sites or as a result of your use of the Sites ("t
- You acknowledge and agree that you are only permitted to use the Sites and the Services as expressly set out in these Terms and Conditions.
- You agree that the Sites and the Services are for your own personal use only on a single computer or device.
You shall not:
- copy, disclose, modify, reformat, display, distribute, licence, transmit, sell, perform, publish, transfer or otherwise make available any of the Services or any information learned by you whilst using the Services or accessing the Sites.
- remove, change or obscure anything on the Sites and/or the Services or otherwise use any material obtained whilst using the Sites and/or the Services except as set out in these Terms and Conditions.
- reverse engineer or decompile (whether in whole or in part) any software used in the Sites and/or the Services (except to the extent expressly permitted by applicable law).
- copy or use any material from the Sites and/or the Services for any commercial purpose, remove, obscure or change any copyright, trade mark or other intellectual property right notices contained in the original material or from any material copied or printed off from the Sites or obtained as a result of the Services.
- Any use of caching, http accelerators such as or similar technology is permitted, however, you have the responsibility of ensuring you are viewing the most recent version of the web-page or content.
- You may establish a link or "deep link" to the Sites from your site, provided that you have obtained Celcom's prior written consent and that in Celcom's sole discretion, the context is relevant and the link or its description is not detrimental to Celcom.
- Users who are not Celcom's subscribers acknowledge that access to the Sites and/or the Services may be restricted at Celcom's sole discretion in the interest of Celcom's subscribers.
Your obligations:
Access information
Your information
Celcom's usage of your personal information is governed by the Celcom Group's Privacy Notice, which forms part of these Terms and Conditions.
Proprietary rights
- All Trade Marks used on the Sites and/or the Services belong to Celcom and/or one of the Celcom Group of companies. You shall only make fair use of the Trade Marks and will not use the Trade Marks, whether design or word marks: (1) as or as part of your own trademarks; (2) in a manner which is likely to cause confusion; (3) to identify products to which they do not relate; (4) to imply endorsement or otherwise of products or services to which they do not relate; or (5) in any manner which does or may cause damage to the reputation of Celcom and/or the Trade Marks.
- You acknowledge and agree that the Services and the Sites or any part thereof, whether presented to you by Celcom, advertisers or any third party are protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. All rights are expressly reserved.
- You are only allowed to use the Sites and the Services as set out in these Terms and Conditions and nothing on the Sites and/or the Services shall be construed as conferring any licence or other transfer of rights to you of any intellectual property or other proprietary rights of Celcom, any member of the Celcom Group or any third party, whether by estoppel, implication or otherwise.
Costs
- Celcom reserves the right to charge for access to part or all of the Sites in the future, subject to giving you clear notice when entering any part to which charges apply. Some Services may be chargeable as indicated on the Sites and in any accompanying terms and conditions.
- You will need to provide all equipment necessary to access the Sites and the Services on the Internet and be liable for payment for your local telephone call charges at the rates published by the telephone operator with whom you make your local calls or any other Internet access charges to which you may be subject. If your equipment does not support relevant technology including but not limited to encryption you may not be able to use certain Services or access certain information on the Sites.
Liability for content
- It is your sole responsibility to satisfy yourself prior to using the Sites and the Services in any way that they are suitable for your purposes. The Services and in particular, prices are periodically updated and you should check the Sites and the Services regularly to ensure that you have the latest information. You should also refresh your browser each time you visit the Sites and the Services to ensure that you download the most up to date version of the Sites and the Services.
- The Sites and the Services are provided on an "as is" basis. Although every effort has been made to provide accurate information on these pages, neither Celcom, nor any of its employees, nor any member of the Celcom Group, their suppliers, nor any of their employees, make any warranty, expressed or implied, or assume any legal liability (to the extent permitted by law) or responsibility for the suitability, reliability, timeliness, accuracy or completeness of the Services or any part thereof contained on the Sites or in the Services.
- You acknowledge that Celcom is unable to exercise control over the security or subject matter of Content passing over the Celcom Network, the Sites or via the Services and Celcom hereby excludes all liability of any kind for the transmission or reception of infringing Content of whatever nature.
Liability for third party content
- The Sites contains links to web sites, web pages, products and services also operated by Celcom or the Celcom Group. You agree that your use of each web site, web page and service is also subject to the terms and conditions, if any, contained within each website or webpage or attached to any products or services. These Terms and Conditions shall be deemed to be incorporated into each set of terms and conditions. In the event that there is any conflict, the terms and conditions contained within the relevant website or webpage or attached to the relevant products or services shall prevail over these Terms and Conditions.
- Celcom assumes no responsibility for and does not endorse unless expressly stated, Content created or published by third parties that is included in the Sites and the Services or which may be linked to and from the Sites.
- The Sites and/or the Services may be used by you to link into other websites, resources and/or networks worldwide. Celcom accepts no responsibility for the Content, services or otherwise in respect of these and you agree to conform to the acceptable use policies of such websites, resources and/or networks.
- Subject to Clause 13, you agree that Celcom does not generally and is not required to monitor or edit the use to which you or others use the Sites and the Services or the nature of the Content and Celcom is excluded from all liability of any kind arising from the use of the Services, and in particular but without limitation to the foregoing, the nature of any Content. Notwithstanding the foregoing, Celcom reserves the right to edit, bar or remove any Services and/or Content, at any time as Celcom in its sole discretion believes to be necessary in order to prevent any breach of these Terms and Conditions or any breach of applicable laws or regulations.
Exclusion of liability
- Nothing in these Terms and Conditions shall act to limit or exclude Celcom's liability for death or personal injury resulting from Celcom's negligence, fraud or any other liability, which may not by applicable law be limited or excluded.
- Celcom shall use its reasonable endeavours to ensure the maintenance and availability of the Sites and the Services but availability may be affected by your equipment, other communications networks, volume of access or Internet connection at the same time or other causes of interference and may fail or require maintenance without notice.
Neither Celcom nor any member of the Celcom Group shall be liable for any special, indirect or consequential damages or any damages whatsoever, whether in an action of contract, negligence or other tortuous action, arising out of or in connection with the performance of or use of Services available on the Sites and in particular, but without limitation to the foregoing, Celcom specifically excludes all liability whatsoever in respect of any loss arising as a result of:
- use which you make of the Sites and the Services or reliance on Services or any loss of any Services or your Content resulting from delays, non-deliveries, missed deliveries, or service interruptions; and
- defects that may exist or for any costs, loss of profits, loss of your Content or consequential losses arising from your use of, or inability to use or access or a failure, suspension or withdrawal of all or part of the Sites and the Services at any time.
- All conditions or warranties which may be implied or incorporated into these Terms and Conditions by law or otherwise are hereby expressly excluded to the extent permitted by law.
- Your only remedy under these Terms and Conditions is to discontinue using the Sites and the Services.
- Celcom makes every effort to ensure the security of your communications. You are however advised that for reasons beyond our control, there is a risk that your communications may be unlawfully intercepted or accessed by those other than the intended recipient. For example, your communications may pass over third party networks over which we have no control. The Internet is not a secure environment. Unwanted programs or material may be downloaded without your knowledge, which may give unauthorised persons access to your mobile phone and the information stored on your mobile phone. These programs may perform actions that you have not authorised, possibly without your knowledge.
Variation
- Celcom reserves the right to modify the Sites and/or the Services or suspend or terminate the Sites and/or the Services or access to part or all of them at any time.
- Celcom reserves the right to revise these Terms and Conditions at any time. Such variations shall become effective two weeks after being posted on the website. By continuing to use this website you will be deemed to have accepted the varied Terms and Conditions.
Indemnity
- You hereby agree to fully indemnify and to hold Celcom harmless from and against any claim brought by a third party resulting from the use of the Sites and the Services or the provision of Content to Celcom by you and in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered or incurred directly or indirectly by Celcom in consequence of such use of the Sites and the Services or provision of Content or your breach or non-observance of any of these Terms and Conditions.
- You shall defend and pay all costs, damages, awards, fees (including any reasonable legal fees) and judgments awarded against Celcom arising from the above claims and shall provide Celcom with notice of such claims, full authority to defend, compromise or settle such claims and reasonable assistance necessary to defend such claims, at your sole expense.
Monitoring/recording of communications
Monitoring or recording of your calls, emails, text messages or other communications may take place in accordance with the law, and in particular for Celcom's business purposes, such as for quality control and training, to prevent unauthorised use of Celcom's telecommunication systems and to ensure effective systems operation and in order to prevent or detect crime.
Processing your instructions
- You request and authorise us to rely and act upon all apparently valid communications as instructions properly authorised by you, even if they may conflict with any other instructions given at any time concerning bill or service requirements.
- An instruction will only be accepted by us if you have passed through certain security criteria.
- We will make reasonable efforts to process any instruction where you request us to do so but we shall not be liable for any failure to comply with such a request unless it is due to Celcom's failure to make reasonable efforts to do so.
- You must make sure that any instruction is accurate and complete and Celcom shall not be liable if this is not the case.
- A transaction being carried out is not always simultaneous with an instruction being given. Some matters may take time to process and certain instructions may only be processed during normal working hours even though the service may be accessible outside such hours.
- You will be responsible for all losses and payments (including the amount of any transaction carried out without your authority) if you have acted with gross negligence so as to facilitate that unauthorised transaction, or you have acted fraudulently. For the purposes of this Clause gross negligence shall be deemed to include failure to observe any of your security duties referred to in these Terms and Conditions.
Profligate use
Profligate use of the Celcom Network is prohibited. Celcom considers that any applications which transmit live video, live audio or make similar traffic demands across the Celcom Network by whatever means, unless provided by Celcom, constitutes making profligate use of the Celcom Network. Use of IP Multicast, other than by means provided and co-ordinated by Celcom is also prohibited.
Termination
- Celcom may elect to suspend, vary or terminate the Services and the Sites immediately and without prior notice at any time for repair or maintenance work or in order to upgrade or update the Sites and the Services or for any other reason whatsoever.
- Celcom may elect to terminate the Services or your access to the Sites forthwith on breach of any of these Terms and Conditions by you, including, without limitation, late or nonpayment of sums due or if Celcom ceases to offer the Sites and the Services to its customers for any reason whatsoever.
General
- Governing Law and Jurisdiction - These Terms and Conditions are governed by and construed in accordance with the laws of Malaysia and you hereby submit to the nonexclusive jurisdiction of the Malaysian courts.
- Severability - These Terms and Conditions are severable in that if any provision is determined to be illegal or unenforceable by any court of competent jurisdiction such provision shall be deemed to have been deleted without affecting the remaining provisions of these Terms and Conditions.
- Waiver - Celcom's failure to exercise any particular right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Celcom in writing.
- Representations - You acknowledge and agree that in entering into these Terms and Conditions you do not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether party to these Terms and Conditions or not) other than as expressly set out in these Terms and Conditions as a warranty. Nothing in this Clause shall, however, operate to limit or exclude any liability for fraud.
- Assignment - You in entering into these Terms and Conditions undertake that you will not assign, re-sell, sub-lease or in any other way transfer your rights or obligations under these Terms and Conditions or part thereof. Contravention of this restriction in any way, whether successful or not, will result in the Services being terminated by Celcom forthwith. Celcom may assign these Terms and Conditions in whole or in part to any third party at its discretion.
- Rights of Third Parties - Except in the case of any permitted assignment of this Agreement under Clause 17.5, a person who is not a party to this Agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 or otherwise to enforce any Clause of this Agreement.
- Force Majeure - Celcom shall not be liable in respect of any breach of these Terms and Conditions due to any cause beyond its reasonable control including but not limited to, Act of God, inclement weather, act or omission of Government or public telephone operators or other competent authority or other party for whom Celcom is not responsible.