Last updated: 11 January 2022
The Service is subject to these Prepaid Service Terms and Conditions and all other applicable terms and conditions relating to provision on the Service found @ www.yes.my/tnc. By subscribing to the Service, You acknowledge that You have read and understood these Service Terms and Conditions and all the other applicable terms and conditions, and agree that these shall form a binding agreement (“Agreement”) between You and Us.
- Provision of the Service
1.1 Acceptable Use Policy
You and any persons who uses the Service shall at all time comply with Our Acceptable Use Policy available @ www.yes.my/tnc.
1.3 Risk on Data Transmitted
You hereby agree and acknowledge that you shall be responsible and accept all risks and liabilities associated with transmission of any information and data, including Personal Data, through the use of the Service.
1.4 Scope of Service
The Service is made accessible to You through Our Network in such locations or areas within Our Network coverage. The Services provided from Our Network are for voice, SMS and data and accessible via Our SIM Card only. You may use the Service upon subscription of the SIM Card Pack and successful registration of the same.
1.5 Yes User ID
Please take note that upon successful registration of the Service, a unique Yes User ID will be created for You. You are responsible to keep the Yes User ID confidential and secure. You must ensure that the Yes User ID is not revealed to any third party and You shall be fully responsible and liable for any use of the Service, including purchase of any of Our products and/or services by You and or any persons, whether or not such person/(s) is authorised by You.
1.6 Network Coverage Information
For network coverage information, please log on to www.yes.my/support/coverage .
The service coverage map provided on the website is only an indicator of the Service availability in the respective locations. Please take note that the actual Service availability in the respective locations within a coverage area may differ due to various reasons, including nature of radio-waves, any blind spots within the coverage area, low signal levels in certain areas due to factors such as surrounding terrains, obstacle from high-rise buildings, distance from the base station and the placement of the Device inside a building.
1.7 Promo T&Cs
If the Service is provided to You as part of a promotion or bundled plan, the terms and conditions under the relevant promotion and/or bundled plan (“Promo T&Cs”) shall be applicable in addition to these Service Terms and Conditions.
The Service is provided to You on an “as is” and “as available” basis. The Service speeds, if stated, are optimum speeds which reflect the capability of Our networks in an ideal situation only. The actual speed attainable for data service may vary depending on many factors including but not limited to technical and environment.
We shall not be liable for and make no express or implied representations or warranties of any kind in relation to the Service including but not limited to:
(i) availability, accessibility, timeliness or uninterrupted use of the Service;
(ii) sequence, accuracy, completeness, timeliness or the security of any information and data, including Personal Data transmitted by use of the Service or provided to You as part of the Service; and
(iii) the data speed or congestion of the data service for any reason whatsoever.
1.9 IP Address
Unless otherwise expressly stated by Us in writing, provision of Internet access under the Service shall be based on private IP address. Nothing herein obligates Us to provide a specific public IP address (static or dynamic) under the Service. Any provision of public IP address shall be considered on a case to case basis upon application by the relevant customer and if it is approved by Us will be subject to additional charges.
1.10 SIM Card
1) Please take note that ownership of both the SIM Card and the Mobile Number shall remain with Us and shall not at any time pass, be transferred or assigned to You. Upon activation of Your SIM Card, You are granted the right to use the SIM Card and Mobile Number to access the Service for personal use only.
(2) The SIM Card must be inserted into a compatible Device in order for You to access the Service.
(3) You must not use the SIM Card and/or the Mobile Number to make bulk voice calls and/or to send bulk SMS for commercial purposes or for generating profit or otherwise use the same for bureau services to others.
(4) You must not:-
(a) change the SIM Card with any other person/(s); or
(b) transfer the SIM Card to any other person
without obtaining Our prior written approval.
(5)You shall bear full responsibility on the use of Your SIM Card. As such, You shall bear any charges incurred as a result of any such usage of Our Service by You and/or any persons whether such person/(s) is authorized or unauthorised by You.
(6) You shall take all precautions to prevent loss, theft and cloning and/or unauthorised use of the SIM Card. In the event of loss, theft, cloning and/or unauthorised use of the SIM Card, You shall immediately notify Us. Replacement of a SIM Card is subject to such payments as may be prescribed by Us.
(7) If Your SIM Card is defective within seven (7) days from the date of activation and such defect is proven to Our satisfaction to have arisen from the manufacturer’s fault, We will replace the defective SIM Card at no cost to You. (9)We reserve the right to withdraw or change the Mobile Number provided to You if it is required under any applicable laws, directions, determinations and/or instructions of the relevant authorities.
1.11 IDD Service
The IDD Service for voice calls and SMS is a value added service provided to You as part of the Service upon successful activation of Your SIM Card subject always that You may only use the IDD Service upon completion of successful verification either in any of Our Yes Stores or through the electronic Know Your Customer apps (eKYC). The applicable IDD Service rates is available @ www.yes.my/roaming.
- Prepaid Account
2.1 You are required to activate the Service before the expiry date stated on Your SIM Card Pack, failing which the SIM Card Pack shall become invalid.
2.2 Upon Your successful registration of the Service, You will be able to use the Service during the Account Validity Period subject to the available airtime in Your Yes Credits and/or the data tonnage purchased by You.
2.3 Subject to Clause 2.4 herein, in the event Your Account Validity Period has expired, Your Service will be inactive, and You will not be able to make any voice calls and/or send SMS and Your data services will be limited to Internet access on white listed webpages only to enable You to purchase any of the available Yes Reload and/or Data Add-On rate offerings. In order to ensure continuous use of the Service, You are advised to top up Your Service account with Yes Reload and/or Data Add-On before expiry of the Account Validity Period.
2.4 if the Account Validity Period:
(i) has expired but the Service is within the Grace Period, You may reactivate Your Service by purchasing any of the available Yes Reload and/or Data-Add-On. In such instance, Your Account Validity Period will commence on the date of successful purchase of such Yes Reload and/or Data Add-On.
(ii) has expired and You did not purchase any Yes Reload and/or Data Add-On within the Grace Period, at the expiry of the Grace Period, Your Service account will be terminated and any balance Yes Credits and data in Your Service account will be forfeited and Your Mobile Number will be withdrawn with immediate effect.
2.5 Please take note that if You purchase multiple Yes Reloads and/or Data Add-On, it may result in two or more overlapping Account Validity Periods. In such instance, Your Account Validity Period will be extended based on the last successful purchase of the Yes Reload and/or Data Add-On. For example, if Your Account Validity Period ends on 30 April 2020, and You purchased two (2) Kasi Up 30Days 10GB _RM15 Data Add-Ons – one on 25 April 2020 and again the other on 28 May 2020. Your Account Validity Period will be extended to 26 June 2020 based on the Kasi Up 30Days 10GB _RM15 Data Add-On purchased by You on 28 May 2020.
2.6 You may use the balance airtime in the Yes Credits and Data Add-Ons purchased at any time during the Account Validity Period.
2.7 Switching Service Plan
2.7.1 You may switch from Your existing Prepaid Service to another Prepaid Service or a Postpaid Service Plan. . In the event You choose to switch from a Prepaid Service to a Postpaid Service Plan, You will be subjected to the Postpaid Service Terms and Conditions and all other related terms and conditions applicable to the Postpaid Service. Please refer to https://site.yes.my/tnc/products-services-tnc for further details on the related terms and conditions of the Postpaid Service.
2.7.2 You may be subjected to certain charges when You switch Your existing Prepaid Service to a new Prepaid Service.. Please refer to www.yes.my for further details on the applicable charges.
2.7.3 You may switch Your existing Prepaid Service to another Prepaid Service via the following channels:
(B) at Our YES Stores; or
(C) send Us an email at email@example.com
2.7.4 If You choose to switch from Your existing Prepaid Service to any of the new Prepaid Service, all unused voice calls, internet data and any other service offerings provided to You under Your existing Prepaid Service will be forfeited, save and except for any remaining YES Credit which can be used under the new Prepaid Service.
2.7.5 If FREE monthly data allocation is provided to You under a certain programme/ campaign for use during the programme/campaign period under Your existing Prepaid Service, You will only be allowed to switch to a new Prepaid Service upon expiry of such programme/campaign period.
2.7.6 The SIM Card under your existing Prepaid Service may not be compatible with the new Prepaid Service subscribed when You switch Your Prepaid Service. In the instance where a new SIM Card is required as a result of such switch of Prepaid Service, We will deliver to You at Your delivery address registered with Us a new SIM Card once You have successfully switched to the new Service Plan. You are required to activate the new SIM Card before enjoying the service offerings under the new Prepaid Service You have switched to.
- Fair Usage Policy
In ensuring that Our Network is not adversely affected through excessive or heavy usage and/or abuse by a small number of users at the expense of the many, We have adopted a Fair Usage Policy (available at www.yes.my/tnc). You agree to be subjected to the said Fair Usage Policy.
- Yes Credits
4.1 Your must have sufficient Yes Credits in Your Service account in order to make voice calls and send SMS. We will deduct from Your Service account an amount equivalent to the value of Services used by You based on Our applicable rates @ www.yes.my.
If the Yes Credits in Your Service Service account is insufficient, You will be unable to make voice calls and send SMS.
4.2 In the event of termination of Your Service, any balance airtime in the Yes Credits and data which remains unutilised shall be automatically forfeited. We shall not be liable to reimburse You for any such forfeited Yes Credits and data or for any damages, cost, loss or expenses suffered by You as a result of such termination.
- Fees & Surcharges
Unless expressly waived by Us, You agree to pay Us the following Fees:
5.1 All relevant charges payable by You for the provision of the Services;
5.2 An administrative fee to retrieve and transfer, on Your request, the Personal Data to You;
5.3 any applicable taxes and duties payable on the Service including without limitation the service tax;
5.4 stamp duty;
5.5 a re-connection fee if Your Service account is suspended pursuant to Clause 8.1(i); and
5.6 any other fee or surcharges that may be imposed from time to time by Us.
- Yes Rebates
6.1 We may, at Our absolute discretion, provide You with Yes Rebates pursuant to any promos and/or campaigns organised by Us from time to time.
6.2 The Yes Rebates may be used for such prescribed services as notified by Us.
6.3 The Yes Rebates is personal to You and is not transferrable, assignable and/or be converted to cash or in kind.
6.4 Yes Rebates provided to You do not have an expiry date however You shall not be entitled to utilise the Yes Rebates in the event of barring or suspension of the Services. In the event of termination, the Yes Rebates will be automatically revoked.
- Service Barring, Suspension and Restoration
7.1 Service Barring and Suspension: We may bar or suspend Your Service account for such duration as We deem fit if :
(i) You breach the terms of this Agreement and such breach is not remedied within thirty (30) days from the time that You are requested by Us to do so (suspension may apply);
(ii) We are instructed by any federal or statutory agency or regulatory body;
(iii) You misuse the Service or use the Service in contravention of the applicable laws and regulations, especially sections 211, 231, 232, 233 of the Communications and Multimedia Act 1998;
(iv) We suspect any misuse, fraudulent or illegal practices of Your Service account; or
(v) You contravene Our Acceptable Use Policy.
During the barring period You will not be able to make any calls, send SMS, or access the Internet but may receive calls and SMS, and make emergency calls only. During the suspension period, You will, in addition to the foregoing prohibition, not be able to receive calls or SMS.
7.2 Service Restoration: Restoring the Service to Your barred or suspended Service account requires You to have first remedied to Our satisfaction the ground entitling Us to bar. In the event Your Service account is suspended, in addition to the foregoing, You may be required to pay a prescribed re-connection fee.
8.1 You may terminate Your Service account with Us at any time by notifying Us via telephone, mail, or e-mail (receipt of which must be confirmed by email reply from Us). A porting out of Your Mobile Number from Us is deemed to be termination of Your Service account by You.
8.2 Your Service account will also be terminated if Your account remains inactive as a result of the event mentioned in Clause 2.4(ii) herein.
8.3 We may terminate Your Service account if either:
(i) have acted fraudulently or misleadingly;
(ii) do not adhere to Our Acceptable Use Policy;
(iii) fail and/or neglect to pay Us amounts owed;
(iv) are adjudicated bankrupt;
(v) are in breach of any of the terms of this Agreement;
(vi) use the Service in breach of the Communications and Multimedia Act 1998 and its statutory instruments or in contravention of any written law, or
(vii) are subject to blacklisting by any other service provider with whom We have bilateral and/or contractual obligations.
(2) We are instructed or directed by MCMC to do so;
(3) It is in the public interest; or
(4) Due to the existence of a declared public emergency.
8.4 A notice of termination will be electronically transmitted to such mobile number or email address provided to Us during registration of Your Service or as updated by You during the provision of the Service.
8.5 The effective date of termination will be:
(a) in the case of termination by Us, as specified in the notice issued to You; or
(b) in the case of termination by You, as specified in the notice issued by You in accordance with the terms and conditions herein.
8.6 Upon termination, Your Service account will be closed accordingly and You will no longer be able to use the Service.
- Effect of termination
9.1 Upon the termination of Your Service account:
a) Any unused Yes Credits and/or Data Add-Ons in Your Service account will be forfeited;
b) Any Yes Credits and/or Data Add-Ons which remains unutilised on the date of termination will be forfeited;
c) Your access to the Service shall cease;
d) All unused Yes Rebates shall expire immediately;
e) The Mobile Number shall revert to Us; and
f) We shall not be liable to reimburse for any damages, costs, loss or expenses suffered by You.
- Customer Complaints
If You are dissatisfied with the Service, You can send an email to firstname.lastname@example.org or get the MyYes app and manage your account anywhere with our Selfcare app.
- Data Protection
- Limitations On Liability
12.1 We shall not be liable for any loss or damage whether direct, indirect, consequential, special, incidental, punitive, aggravated or exemplary, including, without limitation, loss of profit, lost savings and loss of revenues suffered by You or any third party or any injury caused to or suffered by a person or damage to property arising from or occasioned by:
(i) Your use or inability to use the Service;
(ii) any malfunction or unauthorised use of the Service for whatever reasons; and
(iii)any act, omission, error, default or delay by Us, our officers, employees or agents in relation to the Service; (collectively, the “excluded damages”), whether or not in tort, contract, or other theory of liability, even if We have been advised of the possibility of or could have foreseen any of the excluded damages, and irrespective of any failure of an essential purpose or a limited remedy.
12.2 Without limiting the generality of Clause 12.1 above, We shall not be liable for any claim for libel, slander, infringement of any intellectual property rights arising from the transmission and receipt of material in connection with the Service and any claims arising out of Your act or omission in relation to the Service or any part thereof.
12.3 If for any reason a court or arbitrator holds or finds Us liable to You or any third party authorised by or claiming through You, our liability to You for breach of this Agreement or a breach of any statutory duty or implied guarantee, if any, is limited to Ringgit Malaysia Five Hundred (RM500) only.
- Variation of the Terms
13.1 We reserve the right at Our absolute discretion, from time to time, to vary, add to or amend these Service Terms and Condition or any part thereof, including any other terms applicable to this Agreement, without prior notice to You. 13.2 Your continued use of the Service shall constitute Your acceptance of the variations, additions or amendments upon which the variation, addition or amendment shall be effective and binding on the parties.
- Novation & Assignment
14.1 We may assign and/or novate this Agreement to any third party which We deem appropriate, which shall be effective upon an email or other electronic notice to You.
14.2 This Agreement is personal to You, and cannot be assigned by You without Our prior approval in writing.
- Intellectual Property Rights
Subject to the terms of this Agreement, We hereby grant You a limited, personal, non-commercial, non-exclusive, non-sub-licensable, non-assignable, free of charge license to download and use the Service on Your Device for Your personal use only together with any other applications that may be explicitly provided by Us.
15.2 No Granting of Rights to Third Parties
You will not sell, assign, rent, lease, distribute, export, import, act as an intermediary or provider, or otherwise grant rights to third parties with regard to the Service or any part thereof.
15.3 No Modifications
You will not undertake, cause, permit or authorise any modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Service or any part thereof.
15.4 Third Party Software or Technology
Any and all other third party software or technology that may be distributed together with the Service will be subject to You explicitly accepting a license agreement with that third party.
15.5 Exclusive Ownership
Any content provided under the Service is protected under applicable copyright law. All copying, modification, distribution, publication or other use by You, or by a third party via Your Service account, of any such content is prohibited, unless expressly permitted by the holder of the applicable IPRs. Any and all IPRs in the Service, the Yes online material, the Yes logo and the Yes promotional materials shall remain Our exclusive property and/or Our licensors. Nothing in this Agreement intends to transfer or vest any such IPRs in or to You. You are only entitled to the limited use of the IPRs granted to You in this Agreement. You will not take any action to jeopardise, limit or interfere with Our IPRs. Any unauthorised use of Our IPRs is a violation of this Agreement as well as a violation of intellectual property laws and treaties, including without limitation copyright laws and trademark laws. All title and IPRs in and to any third party content that may be accessed through the use of the Service, is the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties.
15.6 Indemnification You shall indemnify and keep Us indemnified from and against any losses, damages, claims, liabilities or expenses arising from any claims for libel, invasion of privacy, infringement of IPRs including without limitation licenses, copyrights, trademarks and patents, breach of confidentiality and privilege or breach of any law or regulation arising from the material transmitted, received or stored via the Service or part thereof and from all other claims arising out of Your act or omission or any unauthorized use or exploitation of the Service or part thereof.
- Customer Access Equipment
16.1 You shall maintain and operate suitable and fully compatible Device required to access the Service. WE MAKE NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING THE USE OF SUCH DEVICE. It is Your responsibility to ensure that Your Device intended for use with Our Service is compatible with Our Network. We shall not be liable to You in anyway whatsoever if Your Device is not compatible for use with Our Network.
16.2 Any Device provided by Us to You under a specific service or purchased separately by You from Us will be warranted in accordance with the terms and conditions set out in Our Limited Warranty For Products and Services available @ www.yes.my/tnc . Please read our warranty terms and conditions make available to You at the web address or request for a copy of the warranty terms and conditions from Our sale personnel or reseller.
- Mobile Number Portability
(a) within the range of mobile numbers approved by MCMC from time to time;
(b) an active mobile number i.e. not suspended, terminated, blacklisted and/or barred by any other service provider at the time of such request by You;
(c) You must not have any outstanding or overdue amount /or any contractual obligations with the DNO (as defined below)
17.2 Further, please take note that Mobile Number Portability is subject to existing geographic numbering requirements.
17.3 In order to carry out this port in request, You hereby provide Your consent to Us in disclosing Your information, including Personal Data, to other telecommunications service provider.
17.4 Please take note that pending successful completion of Your port in request to Our Network, We will provide to You a Prepaid SIM. Clause 2 of these Service Terms and Conditions will be applicable to the mobile number under the Prepaid SIM.
17.5 You confirm and agree as follows:
(a) that Your request to port Your mobile number is a notice to terminate Your subscription with the DNO (as defined below). We will not be responsible or liable for any unsuccessful or failure to port in to Us.
(b)that Your services associated with the mobile number provided by the Donor Network Operator (“DNO”), including value added services, charges and fees will be terminated when the SIM Card of Your DNO is deactivated upon successful porting to the Recipient Network Operator (“RNO”) and activation of Your Yes SIM Card.
17.6 We will not be liable or responsible to You or any third party for any loss or damage whether direct, indirect, special or consequential, of for loss of business, revenue or profits or of any nature suffered by You, or any other person, by reason of termination of the DNO SIM Card and services associated with the mobile number provided by the DNO.
17.7 The Service provided to You for any Porting Number into Our networks shall be subject to Our terms and conditions for new registration.
17.8 A porting out of Your mobile number from Us is deemed to be termination of Your Service account by You and You will be subject to whatever termination consequences as may be provided in Your Agreement.
17.8 You will be subject to a non-refundable porting fee for the porting service provided to You.
18.1 Incorporation by Reference
All other applicable terms and conditions referred to herein are deemed incorporated into and form part of this Agreement. This Agreement contains the final and entire agreement between the parties and supersedes all previous and contemporaneous oral or written agreements and representations made.
18.2 Governing Law
This Agreement is governed by the laws of the Malaysia.
18.3 Stamp Duty
The stamp duty payable in respect of this Agreement shall be borne and paid by You.
If any provision in this Agreement shall for any reason be held to be unenforceable, illegal or invalid in any respect, such unenforceability, illegality or invalidity shall not affect other provisions of this Agreement and this Agreement shall then be construed as if such unenforceable, illegal or invalid provision had never been contained herein.
18.5 Links to Third Party Sites
Any links provided by Us to Internet sites operated by third parties, are for Your convenience only. We do not control such third party Internet sites, are not responsible for their content nor give any form of endorsement.
18.6 Conclusive Evidence
A certificate signed by Our authorised personnel shall, save for manifest error, be conclusive evidence of the matters stated therein including the amount You owe Us.
- Definitions & Interpretations
Unless the context otherwise requires, these words mean as follows:
“Account Validity Period” means the period within which Your Yes Credits and/or data is valid based on the Yes Reload and/or Data Add-On rate offerings purchased by You.
“Data Add-On means a prepaid voucher, whether in printed form or otherwise, of a fixed tonnage of data which You may purchase to top up Your data services in Your Service account, as more specifically described in the Prepaid Data Add-On Terms and Conditions.
“Device” means a mobile phone for the use of the Service once the SIM Card is plugged in.
“Fees” means those fees referred to in Clause 5.
“Grace Period” means the period of 50 days, or such other period prescribed by Us, from the expiry of the relevant Account Validity Period.
“ IDD Service” means International Direct Dial and the services which enables Yes Subscribers to make calls and send SMS from Malaysia to territories outside Malaysia.
“IPR” means intellectual property rights.
“MCMC” means the Malaysian Communications and Multimedia Commission.
“Mobile Number” means a unique Mobile Station International Subscriber Directory Number (MSISDN) provided to You for Your use of the Service.
“Network” means Our LTE network.
“Personal Data” shall bear the same meaning ascribed to in the Malaysian Personal Data Protection Act 2010.
“Prepaid Service” means the prepaid mobile services provided by Us to You on Our Network for voice calls, SMS, data services, Internet access and/or any value added services within Our Network coverage areas.
“Prepaid Roaming Service” means the services which enable the Yes Subscribers to automatically access third party networks of other countries with whom we have arrangement for roaming facilities to make and receive voice, send and receive SMS and/or for data services subject to the terms and conditions herein.
“Process” or “Processing” shall bear the same meaning ascribed to in the Malaysian Personal Data Protection Act 2010.
“SIM Card” means either a card or plug-in module with a microchip which contains a unique Mobile Number and all necessary information of the relevant Yes Subscriber.
“SIM Card Pack” means the Service starter kit comprising of a SIM Card and a fixed preloaded Yes Credits.
“SMS” means short messaging service.
“Us”, “We” or “Our” means YTL Communications Sdn Bhd.
“Yes Credits” means virtual and intangible representation of money or money’s worth which is used as a mechanism for the digital/electronic management of purchased credits and payment for airtime based on the applicable rates found @ www.yes.my.
“Yes Rebates” includes rewards and bonuses or of Yes Credits which We may provide to You at Our sole and absolute discretion.