Last updated: 25th April 2020
- Applicable Terms and Conditions
1.2 All orders and purchases made through the Website are subject to the Online Purchase Terms & Conditions set out herein. The Online Purchase Terms & Conditions may be updated or amended from time to time at any time without notice. You are responsible for regularly reviewing these Online Purchase Terms & Conditions posted on the Website. By continuing to use the Website, You agree that You understand the updates and/or amendments and agree to be bound by them.
1.3 All prices listed on the Website are in Ringgit Malaysia and all charges will be processed in Ringgit Malaysia.
2.1 These Online Purchase Terms & Conditions, unless inconsistent with the context or otherwise specified, the following definitions will apply:-
“Account Validity Period” means the relevant account validity period in which You may access and use the Yes Service as provided under the terms and conditions of the respective Service Plan.
“Billing Cycle” means the monthly cycle between billings as generated from Our billing system.
“you” refers to the customer that enters into and purchases the product in the website, and “your” shall be construed accordingly.
“Business Days” is defined as Monday to Friday excluding all Saturdays, Sundays, Malaysia Public Holidays (which may include certain gazetted State Holidays).
“On-Site Support Service” refers to the technical support in relation to the Products, Service Plans and/or Yes Services made available by YTLC on the Website.
“Products” means the products and accessories (including those products with the “Yes” brand name) made available by YTLC on the Website.
“Service Plan/(s)” means a set of services which may or may not include a device that is offered as a package to the Yes Subscriber upon certain specific terms in relation to the provision of Yes Service and “Service Plans” shall mean two or more types of Service Plan.
”Website” means the website operated under the URL [ www.yes.my] and any other sites or portals owned or operated by YTLC containing the Products for Your placement of orders in accordance with these Online Purchase Terms & Conditions.
“Yes Services” means the services provided by Us to You over Our networks, including postpaid, prepaid and broadband services, which may include voice calls, SMS, Internet access and any value-added services in accordance with Your Service Plan.
“YTLC”, “Our”, “Us” and “We”, refers to YTL Communications Sdn Bhd.
“You” refers to the customer who offers to purchase the Product, including user of this Website, and
“Your” shall be construed accordingly.
- Contract between YTLC and you
3.1 When You place an order to purchase Products and/or the On-Site Support Service on the Website it will be construed as an offer by You to purchase the Product(s) and/or On-Site Support Service from Us. Once payment is successful and accepted by the Website, it will constitute an acceptance by Us of Your offer and thereby resulting in a binding contract between You and Us for the purchase of the Product(s) and/or On-Site Support Service subject to these Online Purchase Terms & Conditions.
3.2 In the event the payment to purchase the:-
3.2.1 Products is successful, an order confirmation will appear on the screen. Your order will be processed and a consignment note number will be generated and forwarded to Your e-mail notifying You of the courier consignment note number to enable You to track delivery of the Products on the courier company’s Website; and
3.2.2 On-Site Support Service is successful, an order confirmation will appear on the screen.
3.3 For clarity, please take note that if You are a new subscriber subscribing to our Service Plan through the purchase of the Product or as a result of the purchase of the Product, your Service Plan is changed or varied, then the Billing Cycle or Account Validity Period, whichever that is applicable, as a result of such purchase, change or variation of the Service Plan (and all accompanying obligations for payment associated therewith) will commence immediately upon notification by us that the online purchase by You is successful, notwithstanding the time taken for the purchased Product (if any) to be delivered and/or to arrive at its designated point of delivery or the date of it being received/accepted.
4.1 When you access the website, we may collect the following information:
a. anonymous web statistics collected as you browse the website;
b. personal information you knowingly provide us.
4.2 Certain parts of the Website may require that You provide Your personal information. Personal information refers to all and any information relating to You (including, but not limited to Your name, contact number, email address and mailing address) obtained by us via Your access to or use of this Website.
4.4 Any information disclosed by You in the public areas of the Website (such as social networking links, comments columns and forums) becomes public information. We do not control information published in these public areas or in their associated links and You are advised to exercise caution when disclosing information in these areas.
- Prices and Payment
5.1 Prices and any additional related charges (where applicable) are as published on the Website for the Product(s) and/or the On-Site Support Service on the date of Your order.
5.2 Sales tax and/or service tax (“SST”), and delivery charges, if any, will be added to Your order at current rates unless stated otherwise.
5.3 You agree that the details which You are providing in the order are true, accurate, current and complete and that the details of any credit or debit card used are correct and Your own.
5.4 Confirmation of Your payment will be displayed on screen followed by an e-mail once it has been authorized and accepted. If payment has been withheld by the banks/payment gateway for whatever reasons, even if the transaction was successful, we will have the discretion to defer the delivery or cancel the order, in which case You will be notified by email and telephone call from our customer care centre (“YesCare“).
5.5 We assume no liability if a payment is refused or declined by the bank and/or credit/debit card supplier for any reason whatsoever.
5.6 We will make every effort to ensure that all Products and/or the On-Site Support Service published on the Website are correctly priced. However, if as a result of any mistake or clerical error which causes the Product and/or On-Site Support Service being incorrectly priced, we will notify such inadvertent purchasers accordingly and we will NOT have an obligation to provide the Product(s) and/or the On-Site Support Service with incorrect price provided always that We may at Our sole and absolute discretion decide on the method to be adopted to resolve such matters accordingly.
5.7 We will make every effort to ensure that all products and/or services published on the website are correctly priced. However, if a mistake or typographical error results in a product or service being incorrectly priced, we will notify inadvertent purchasers accordingly and we will NOT have an obligation to provide the product(s) and/or the On-Site Support Service at such incorrect price. In such instances, reasonable discretion will be used to resolve such matters.
5.8 We accept no liability for any loss or damage, arising directly or indirectly, as a result of a payment being refused or declined.
- Delivery of Product(s)
6.1 Subject to Clause 5.5. herein, Your order will be fulfilled within five (5) Business Days after successful clearance of Your payment for the purchase of the Products and/or On-Site Support Service unless otherwise specified or the Product(s) You ordered is temporarily unavailable, in which case You will be notified through email and/or telephone by our YesCare personnel. If You do not receive the Product within the stipulated period mentioned hereinbefore, You are advised to contact YesCare in accordance with Clause 6.4 herein.
6.2 Products ordered shall be delivered by our authorised courier agent to the address provided by You in the order. Please note that to minimize the likelihood of mistaken delivery and/or theft, You MUST be available to accept personal delivery and sign acknowledgement of the delivery for the order, which delivery shall be subject to production of the identification documents stated in clause 6.7 below.
6.3 If the Products, including the replacement Products mentioned in Clause 6.7, is not delivered on the first delivery attempt, our authorised courier agent will leave a note for You to make arrangements for a second delivery or to collect the purchased Products at such time and place as mentioned therein.
6.4 If You do not collect the Products from our authorised courier agent within five (5) days from the date of the delivery attempt (“The Collection Period“), the purchased Product(s) will be returned to our central storage facility and You can, in the succeeding 90-day period (“The Holding Period“) make an appointment via email to YesCare and thereafter, collect the purchased Product(s) personally at our Yes Store at Lot 10, G18 (Ground Floor), Lot 10 Shopping Centre, 50 Jalan Sultan Ismail, Bukit Bintang, 50250 Kuala Lumpur. Any packages remaining uncollected at the expiry of the Holding Period will no longer be made available for delivery or collection.
6.5 A fee may be imposed on You if additional delivery is required, whether requested by You or otherwise, for any reason following an unsuccessful delivery attempt by YTLC. No changes to the delivery address and/or delivery dates shall be entertained once an order has been made by You on the Website.
6.6 You agree that there will be no refund for the purchase of the Product(s) and we shall not be held responsible in any way in the event that we are not able to deliver to You or You are unable to collect the Product(s) due to any of the following reasons:
a. you are unavailable to accept personal delivery of the product(s) at the time agreed;
b. you failed to collect the product(s) at the designated time and place;
c. the address that you have provided cannot be located;
d. you are not contactable by means of the contact numbers provided by you; or
e. the information disclosed by you is inaccurate, untrue or false.
6.7 Please take note that:-
a. Upon delivery of the Product(s) to You and in the presence of our authorised courier agent, You are required to produce Your NRIC, passport or any other identification document for verification of identity and inspect the Product(s) to verify that the Product(s) is complete with the necessary accessories, does not have any cosmetic defects and is capable of its basic functionality;
b. If You discover, upon a cursory visual inspection or examination, that the Product(s) is damaged and which damage is not merely superficial or visibly trivial damage, then You may reject the Product(s) by informing YesCare immediately and returning the Product(s) to us within three (3) days from the date of receipt, and we shall replace the Product(s) which are in accordance with this Online Purchase Terms and Conditions within five (5) business days from the date we receive the same from You.
c. Due acceptance will be deemed to have occurred upon the lapse of three (3) days from the date of delivery. Once accepted, YTLC shall not be responsible for any defects save and except for such issues covered under the terms of our Limited Warranty.
d. Except for genuine cases falling under the ambit of our Limited Warranty, all purchases are deemed to be final and not subject to refund, return or exchange once due delivery has been effected.
6.8 We may ask for additional Personal Data, if reasonably necessary, for the purposes of verification of your identity or fraud prevention purposes.
6.9 Uncollected Products remaining with our duly authorised courier company after the 5-day Collection Period will be transferred to our central storage facility and You will thereafter be required to personally make arrangement with YTLC via email (YesCare) for Your order collection at Yes Store at Lot 10, G18 (Ground Floor), Lot 10 Shopping Centre, 50 Jalan Sultan Ismail, Bukit Bintang, 50250 Kuala Lumpuror request for another delivery (delivery charges will apply) within the applicable Holding Period. Any Products that remains uncollected at the expiry of the Holding Period will be forfeited.
- Content and Related User Conduct
7.1 You understand that you are responsible for any content that you post or transmit on or through the website.
7.2 You agree not to cause, nor knowingly allow others to cause, any disruption, nuisance, annoyance, or inconvenience, whether to YTLC or any of its customers or users of the website by any means.
7.3 You agree to use the website in a manner consistent with all applicable laws and regulations.
7.4 You shall ensure that the content You post or transmit on or through the Website does not:-
a. contains any advertising and promotional message;
b. violates or infringes any laws, regulatory requirements or codes;
c. infringes or violates any copyright, trademark or any other intellectual property, personal or proprietary rights of any person, or violates any obligation of confidence or any other proprietary right;
d. contains any obscene, offensive, defamatory or otherwise actionable material;
e. undermines the security or integrity of the website, including without limitation by importing any viruses, Trojan horses, time bombs or other disabling devices/items intended to detrimentally interfere, damage, surreptitiously intercept or expropriate such equipment, systems or networks;
f. contains any errors, whether technical or otherwise; or
g. contains any material in any form that would otherwise render YTLC liable or expose YTLC to any proceedings whatsoever.
- Postings by Third Parties and Hyperlinks to Third Party Websites
8.1 This Website may contain hyperlinks to other Websites which are neither maintained nor controlled by YTLC, or may contain content posted on or via the Website by third parties. Therefore, YTLC shall not be responsible for any errors or omissions in any content in the Website, or the content, Products or services of any hyperlinked Website or any hyperlink contained in a hyperlinked web site, nor for the privacy and security practices employed by these other Website, and shall not be liable for any loss or damage of any kind incurred as a result of the use of any content posted or contained in e-mails or otherwise transmitted or displayed via the Website, or arising from access to those Websites. Use of the Website and any hyperlinks and access to such hyperlinked Websites are entirely at Your own risk.
8.2 You acknowledge that YTLC has no control over and excludes all liability for any material on the Internet which can be accessed by using the Website. Neither can we be deemed to have endorsed the content.
- Hyperlinks from Third Party Websites
9.1 You agree that caching, hyperlinking to, and framing of the website or any of the contents are strictly prohibited.
- Cancellations and Refunds
10.1 Once the purchase contract is made upon the acceptance of the payment by the Website, the order is firm and there shall not be any cancellation of the order except as expressly provided in this Online Purchase Terms and Conditions
10.2 Notwithstanding the foregoing, we reserve the right to cancel any order of the Product(s) and/or On-Site Support Service, before or after the acceptance of the payment for the Product(s) under the following circumstances: –
a. your credit line is not sufficient to cover the payment amount;
b. we are unable to take payment from your credit/debit card;
c. order details including your personal information are not fulfilled or wrong or suspected to be forged or fake;
d. the manufacturer of the product(s) ceases production of the product(s) or stops taking orders;
e. the product(s) is out of stock;
f. if in the opinion of YTLC, the ability of YTLC to render the On-Site Support Service is impaired by circumstances beyond its reasonable control (i.e. out of coverage); or
g. any other reasons that YTLC is unable to supply the Products and/or provide the On-Site Support Service You ordered.
10.3 In such case where the order has been cancelled by us we will notify You by email and You are entitled to a refund, if any. Such refund, if any, will be made to You by GIRO within thirty (30) days from the date of customer providing the full bank details.
- Warranty of Product(s)
11.1 The limited warranties applicable to the Product(s) is made available at https://www.yes.my/tnc
12.1 You agree to indemnify, defend and hold harmless YTLC, its directors, officers, employees, suppliers, licensors, agents, and any third party content providers, from and against any losses, damages, claims, costs, expenses, demands, and actions, due to or arising out of Your use of the Website, Your access or connection to the Website, Your violation of these Online Purchase Terms & Conditions, or Your violation of any rights of another. These obligations will survive any termination of Your relationship with YTLC or Your use of the Website. YTLC reserves the right to assume the defence and control of any matter subject to indemnification by You, in which event You will cooperate with YTLC in asserting any available defence.
12.2 YTLC shall not be liable in any way to You whether in contract, tort (including negligence or breach of statutory duty) or otherwise for any loss, damage or liability incurred or sustained by You caused by or as a result of:
a. any failure, delay, interruption to or disruption of the website in the transmission or reception of any data through the website, howsoever caused or arising;
b. any malfunction, failure or defect whatsoever from any device or equipment (which shall include all hardware and software) used to connect to the website or any of the services offered;
c. any loss, corruption or deletion of any data or information transmitted to or stored in any system or equipment, howsoever caused or arising;
d. any event the occurrence of which YTLC is unable to control or avoid by the use of reasonable diligence, including but not limited to the failure, shortage or interruption of electrical power or supply, riots or civil commotion, strikes, lock outs or trade or labour disputes or disturbances, plague, epidemic or quarantine, fire, flood, drought or acts of any government or sovereign, change in any Law, acts of war or terrorism (whether real or perceived), inclement or extreme weather conditions and acts of God;
e. the disclosure and/or publication by YTLC of any information or data relating to You, howsoever caused or arising;
f. the use in any manner and/or for any purpose whatsoever by any person at any time whatsoever and from time to time of any information or data relating to You through the use of the Website;
g. any error, omission or inaccuracy in any information provided by YTLC whether to You or any person and whether in any publication or as part of or in connection with the Website or otherwise.
- Disclaimer of Warranties
13.1 You expressly understand and agree that:
(i). You assume total responsibility and risk for Your use of the Website and the Internet. YTLC does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or non-infringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the Website, any merchandise, information or service provided through the Website or on the Internet generally, and YTLC shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. The Website and any software made available on the Website are provided on an “as is, as available” basis.
(ii) YTLC makes no warranty that:
a. the Website will meet Your requirements or will always be accessible;
b. the Website will be uninterrupted, timely, secure, error-free or free from computer virus or other invasive or damaging code;
c. the results that may be obtained from the use of the website will be accurate or reliable;
d. the quality of any products, services, information, or other material purchased or obtained by you through the website will meet your expectations, and;
e. any errors in the website will be corrected.
- The Entire Agreement
- Limitation of Liability
15.1 In no event will YTLC and/or its associated companies be liable for any indirect, incidental, consequences, aggravated, exemplary on punitive damages including but not limited to economic losses, loss of goodwill on reputation or special indirect losses suffered by You or any party including third party even if YTLC has been advised of the possibility of such damages in advance, and all such damages are expressly disclaimed.
15.2 YTLC and its associated companies will not be held responsible for any delay or failure to comply with its obligations under this Online Purchase Terms and Conditions if the delay or failure arises from any cause which is beyond its reasonable control.
15.3 The maximum liability of YTLC for damages, if any, under this agreement shall not exceed the total amount paid by you for the product(s).
16.1 YTLC may change, suspend, or terminate all or any part of usage of the Website, the access or availability of the Product Website/link, at any time, with or without reason. You acknowledge that the operation of our Website may from time to time encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors and YTLC shall not be responsible to You or others for any such interruptions, errors or problems or an outright discontinuance of the Website or the specific Product link.
16.2 Cause for such termination shall include, but not be limited to:
a. requests by law enforcement or other government agencies;
b. discontinuance to the website (or any part thereof);
c. unexpected technical or security issues or interruption, disruption or congestion problems;
d. you have engaged in fraudulent or illegal activities;
e. your access or use in connection with or for the purposes of any activities which would or may cause any irritation, annoyance, embarrassment, harassment, disturbance or nuisance of any kind whatsoever to or otherwise be prejudicial to the interests of YTLC or any person;
f. you breach any of these Online Purchase Terms & Conditions;
g. you have perpetrated a fraud on the website or has conducted yourself in a manner which may result in perpetrating (or which, in the opinion of YTLC, constitutes and attempt to perpetrate) a fraud on YTLC or the website
16.3 YTLC shall not be liable to you or any third-party for any termination made in YTLC’s sole discretion.
17.1 This Online Purchase Terms and Conditions shall be governed by and construed in accordance with the laws of Malaysia and the parties shall submit to the exclusive jurisdiction of the courts of Malaysia.
17.2 YTLC’s failure to insist upon or enforce strict performance of any provision of these Online Purchase Terms & Conditions shall not be construed as a waiver of any provision or right.
17.3 If any part of these Online Purchase Terms & Conditions is held to be unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remainder will remain in full force and effect.
17.4 Any part of these Online Purchase Terms & Conditions that is invalid, unenforceable or illegal shall be enforced as nearly as possible in accordance with its terms, but shall otherwise be deemed severed and shall not affect the enforceability of any other part of the these terms, which shall continue to be valid and enforceable to the fullest extent permitted by law.
17.5 These Online Purchase Terms & Conditions are for the benefit of YTLC and its directors, officers, employees, suppliers, licensors, agents, and any third party content providers to the website. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
17.6 All product(s)s offered on the website shall be subject to their respective terms and conditions as further stipulated in www.yes.my/docs/tnc/.
17.7 YTLC reserves the right at its absolute discretion to vary, delete or add any of these Online Purchase Terms & Conditions from time to time without prior notice.
18.1 In the event of any complaint You may contact YesCare at 018 333 0000 or via email at YesCare regarding Your complaint. For Your information, YesCare operating hours: 8am-11pm daily (inclusive of weekends and Public Holidays).
YTLC reserves the right to, at any time, add to, delete, vary or amend the terms and conditions herein or change or modify any aspect of these Online Purchase Terms and Conditions, in whole or in part at any time and from time to time and at its sole discretion without notice and without liability to You.