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General
Provisions of general applicability governing all users, customers, subscribers and purchasers of Yes™ devices, including casual and/or temporary (i.e. non-subscribing) users and customers of the Yes 4G service, without exception.
Terms of Use of Website
Effective Date of these Online Terms Of Use: 10 November 2009
These Online Terms of Use govern your access to web sites controlled by YTL Communications Sdn Bhd ("YTL Communications), including its subsidiaries and affiliates (together referred to as "YTL Communications Group), which link to these Online Terms of Use (together referred to as "YTL Communications Web Sites"). These Online Terms of Use do not apply to third-party web sites to which YTL Communications Web Sites may link save as otherwise provided herein. Your use of YTL Communications Web Sites is subject to these Online Terms of Use and the Privacy Policy.

Without prejudice to your rights under applicable law, YTL Communications reserves the right to amend these Online Terms of Use to reflect technological advancements, legal and regulatory changes and good business practices. If YTL Communications changes these Online Terms of Use, an updated version of these Online Terms of Use will reflect those changes and we will notify you of such changes by updating the effective date at the top of these Online Terms of Use. By accessing or using YTL Communications Web Sites, you agree that you have read, understand, and agree to be bound to the current version of these Online Terms of Use which you may view when accessing YTL Communications Web Sites. If you disagree with these Online Terms of Use, or are dissatisfied with YTL Communications Web Sites, your sole and exclusive remedy is to discontinue using this YTL Web Site.
 
DISCLAIMERS
You acknowledge and agree that:
a. Although we strive to provide on YTL Communications Web Sites the latest developments relating to our products and services, and other information about YTL Communications, we do not warrant the accuracy, effectiveness and suitability of any information contained in YTL Communications Web Sites. Each person assumes full responsibility and all risks arising from the use of YTL Communications Web Sites. The information is presented "AS IS" and may include technical inaccuracies or typographical errors. YTL Communications reserves the right to make additions, deletions, or modifications to the information contained on YTL Communications Web Sites at any time without any prior notification.
b. YTL COMMUNICATIONS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WITH RESPECT TO THE INFORMATION OR CONTENT POSTED ON YTL COMMUNICATIONS WEB SITES. YTL COMMUNICATIONS HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, CREATED BY LAW, CONTRACT OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. IN NO EVENT SHALL YTL COMMUNICATIONS BE LIABLE FOR ANY DAMAGES OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL (INCLUDING LOSS OF PROFIT) CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE EXISTENCE OR USE OF YTL COMMUNICATIONS WEB SITES, AND/OR THE INFORMATION OR CONTENT POSTED ON YTL COMMUNICATIONS WEB SITES, REGARDLESS OF WHETHER YTL COMMUNICATIONS HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.
c. YTL Communications is not responsible, and provides no warranty whatsoever, for the accuracy, effectiveness, timeliness and suitability of any information or content obtained from third parties, including any hyperlinks to or from third-party sites. Except as otherwise provided on YTL Communications Web Sites, YTL Communications will not edit, censor or otherwise control any content provided by third parties on any bulletin board, chat room or other similar forums posted on YTL Communications Web Sites. Such information should, therefore, be considered as suspect and is not endorsed by YTL Communications.
 
YOUR USE
You understand, acknowledge, and agree to the following:
a. By using YTL Communications Web Sites, you agree not to disrupt or intercept our electronic information posted on YTL Communications Web Sites or on any of our servers. You also agree not to attempt to circumvent any security features of YTL Communications Web Sites, and to abide by all applicable, local, state, federal and international laws, rules and regulations.
b. Except as expressly stated and agreed upon in advance by YTL Communications, no confidential relationship shall be established in the event that any user of YTL Communications Web Sites should make any oral, written or electronic communication to YTL Communications (such as feedback, questions, comments, suggestions, ideas, etc.). If any YTL Communications Web Site requires or requests that such information be provided, and such information contains personal identifying information (e.g., name, address, phone number, email address), YTL Communications shall obtain, use and maintain it in a manner consistent with our Privacy Policy. Otherwise, such communication and any information submitted therewith shall be considered non-confidential, and YTL Communications shall be free to reproduce, publish or otherwise use such information for any purposes whatsoever including, without limitation, the research, development, manufacture, use or sale of products incorporating such information. The sender of any information to YTL Communications is fully responsible for its content, including its truthfulness and accuracy and its non-infringement of any other person's proprietary or privacy rights.
 
INTELLECTUAL PROPERTY
The information, documents, and related graphics published in YTL Communications Web Sites (the "Information") are the sole property of YTL Communications, except for information provided by third-party providers under contract to YTL Communications. Permission to use the Information is granted, provided that (1) the above copyright notice appears on all copies; (2) use of the Information is for informational and non-commercial or personal use only; (3) the Information is not modified in any way; and (4) no graphics available from this YTL Communications Web Site are used separate from accompanying text. YTL Communications is not responsible for content provided by third-party providers, and you are prohibited from distribution of such material without permission of the owner of the copyright therein. Except as permitted above, no license or right, express or implied, is granted to any person under any patent, trademark or other proprietary right of YTL Communications.

No use of any YTL Communications trademark, trade names, and trade dress in YTL Communications Web Sites may be made without the prior written authorisation of YTL Communications, except to identify the product or services of the company.
 
PRIVACY AND SECURITY
YTL Communications is committed to safeguarding your privacy online. We understand the importance of privacy to our customers and visitors to YTL Communications Web Sites. Our use of personally identifiable information is governed by our Privacy Policy and by accessing and using YTL Communications Web Sites, you agree to be bound by that Privacy Policy.

You recognise and agree that when submitting your personally identifiable information to YTL Communications Web Sites, while YTL Communications has safeguards in place to prevent unauthorised access or interception, there is no absolute guarantee of security. IN THE UNLIKELY EVENT OF AN INTERCEPTION OR UNAUTHORISED ACCESS DESPITE OUR EFFORTS, YTL COMMUNICATIONS SHALL NOT BE RESPONSIBLE FOR SUCH INTERCEPTIONS OR UNAUTHORISED ACCESS, OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) SUFFERED BY A CUSTOMER OR USER. EVEN IF YTL COMMUNICATIONS HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, YTL COMMUNICATIONS DOES NOT WARRANT, EITHER EXPRESSLY OR IMPLIED, THAT THE INFORMATION PROVIDED BY ANY CUSTOMER SHALL BE FREE FROM INTERCEPTION OR UNAUTHORISED ACCESS, AND DOES NOT PROVIDE ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EACH CUSTOMER IS RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF HIS OR HER OWN PASSWORD.
 
LIMITATION OF LIABILITY
YTL Communications does not assume any liability for the materials, information and opinions provided on, posted to, or otherwise available through YTL Communications Web Sites. Reliance on these materials, information and opinions is solely at your own risk. YTL Communications disclaims any liability for injury or damages resulting from the use of YTL Communications Web Sites, or the content contained thereon.

YTL COMMUNICATIONS WEB SITES, THE SITE CONTENT, AND THE PRODUCTS AND SERVICES PROVIDED ON OR AVAILABLE THROUGH YTL COMMUNICATIONS WEB SITES ARE PROVIDED ON AN "AS IS AND "AS AVAILABLE BASIS, WITH ALL FAULTS. IN NO EVENT SHALL YTL COMMUNICATIONS OR ITS VENDORS, OR THEIR RESPECTIVE DIRECTORS, EMPLOYEES OR AGENTS (HEREINAFTER "YTL COMMUNICATIONS PARTIES) BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE YTL COMMUNICATIONS WEB SITES, THE SITE CONTENT, ANY SERVICES PROVIDED ON OR THROUGH YTL COMMUNICATIONS WEB SITES OR ANY LINKED SITE, INCLUDING ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN YTL COMMUNICATIONS WEB SITES OR THE SITE CONTENT, WHETHER OR NOT THERE IS NEGLIGENCE BY YTL COMMUNICATIONS AND WHETHER OR NOT YTL COMMUNICATIONS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

You agree that regardless of any applicable law to the contrary, you cannot file a claim or cause of action arising out of or related to YTL Communications Web Sites or these Online Terms of Use more than one (1) year after such claim or cause of action arose.

PLEASE BE AWARE THAT ADDITIONAL LEGAL NOTICES, DISCLAIMERS, AND OTHER TERMS AND CONDITIONS MAY APPLY TO YTL COMMUNICATIONS WEB SITES.
 
GENERAL
You agree that these Online Terms of Use and the Privacy Policy describe the entire agreement between us with respect to its subject matter. If a court of competent jurisdiction finds that any provision of these Online Terms of Use is invalid or unenforceable, you agree that the other provisions of these Online Terms of Use will remain in full force and effect.
Privacy Policy
Personal Data Protection Notice for YTL Corporation Berhad Group

YTL Corporation Berhad ("YTL") together with its subsidiaries, affiliates, related and associated companies (collectively "YTL Group" and any reference to "we", "us" or "our" shall include any member of the YTL Group) respects and is committed to the protection of your personal data and your privacy. This Personal Data Protection Notice ("Privacy Notice") explains how the YTL Group collects and handles your personal data in accordance with the Personal Data Protection Act 2010 of Malaysia. Please note that YTL may amend this Privacy Notice at any time without prior notice and will notify you of any such amendment via our website or by such other means of communication as deemed suitable by YTL.

(1) Personal Data

1.1 Type of personal data


Personal data means any information which relates to you (or in the case of a third party as authorized by such third party) and which was collected or provided to the YTL Group for any of the purposes stated in Section (2) below ("Purposes").

Your personal data may include, but is not limited to, your name, NRIC number, passport number, contact details, financial and banking account details, occupation, citizenship, information in audio and/or video format (including voice, video recording, closed-circuit television ("CCTV") or security recording), images (including photographs) and location tracking/global positioning system ("GPS") information.

1.2 Source of personal data

  1. Customer or potential customer: The YTL Group, whether directly or through our authorized agents and representatives, collects your personal data whether directly from you or indirectly from third parties such as our authorised agents, dealers or representatives, your legal representatives, agents (e.g. travel agents), credit reference agencies and/or your employer when you whether directly or through your legal representatives, agents and/or employers provide your personal data to the YTL Group in any manner in connection with any transaction, arrangements and/or enquiries made with the YTL Group including when you send us completed enquiry, application and/or registration forms via various means, including online and physical hardcopies at public venues or in any of our premises. Your personal data may also be collected from cookies through the use of our website.
  2. Vendor, supplier, tenant or service provider: The YTL Group, whether directly or through our authorized agents and representatives, collects your personal data directly from you or indirectly from third parties such as your employer, authorized agents or credit reference agencies when you enter into any transactions or arrangements with the YTL Group, including in connection with the supply or proposed supply of products or services, when you send us completed enquiry and/or credit application forms via various means, including online and physical hardcopies. Your personal data may also be collected from cookies through the use of our website.
1.3 Obligatory personal data

All information requested for in the relevant forms and documents is obligatory to be provided by you unless stated otherwise.

Should you fail to provide the obligatory information, we may be unable to process your request and/or provide you with relevant services and products.

(2)Purposes of collecting and further processing (including disclosing) your personal data

  1. Customer or potential customer: Your personal data is collected and further processed by the YTL Group as required or permitted by law and to give effect to your requested commercial transaction, including the following:
    • to assess and process your request for our products and services;
    • to establish your identity and background;
    • to facilitate your participation in, and our administration of, any events including contests, promotions or campaigns;
    • to administer and communicate with you in relation to our products, services and/or events;
    • to process any payments related to our products and services requested by you;
    • to conduct credit reference checks and establish your credit worthiness, where necessary, in providing you with the requested products and services;
    • for insurance purposes;
    • to apply for relevant travel visas in the event of overseas travelling;
    • to operate our premises in a manner which is physically safe, secure and befitting of health and safety requirements;
    • for internal investigations, compliance, audit or security purposes including without limitation for crime detection, prevention and prosecution;
    • to conduct research for internal marketing analysis and analysis of customer patterns and choices;
    • to better manage our business and your relationship with the YTL Group;
    • to respond to your enquiries and to resolve any issues and disputes which may arise in connection with any dealings with the YTL Group;
    • to protect or enforce our rights under any agreements which the YTL Group is a party to;
    • to transfer or assign our rights, interests and obligations under any agreement entered into with the YTL Group;
    • to comply with the YTL Group's legal and regulatory obligations in the conduct of its business including to meet any disclosure requirements of any law binding upon the YTL Group;
    • to contact you and/or provide you with information regarding our products, services, upcoming events, promotions, advertising, marketing and commercial materials which may be of interest to you;
    • to ensure that the contents on our website are presented in the most effective manner for you and for your computer and/or device;
    • for the YTL Group's internal records management; or
    • for any other purpose that is required or permitted by any laws, regulations and guidelines including the requirements of any governmental or regulatory authorities.

    Where you have indicated your consent to receiving marketing or promotional updates from the YTL Group, you may opt-out from receiving such marketing or promotional material at any time. You may select the "unsubscribe" option provided in our email blasts or you may contact YTL Group at the contact details provided in Section (6) below.

  2. Vendor, supplier, tenant or service provider: : Your personal data is collected and further processed by the YTL Group as required or permitted by law and to give effect to your requested commercial transaction, including the following:
    • to assess and process your credit account application;
    • to assess your credit worthiness and conduct credit reference checks;
    • to administer and give effect to your commercial transaction (such as tender award, contract for service, tenancy agreement);
    • to process any payments related to your commercial transaction;
    • for insurance purposes;
    • for internal investigations, compliance, audit or security purposes (including without limitation for crime detection, prevention and prosecution);
    • to better manage our business and your relationship with the YTL Group;
    • to respond to your enquiries and to resolve any issues and disputes which may arise in connection with any dealings with the YTL Group;
    • to protect or enforce our rights under any agreements that any YTL Group member is a party to;
    • to transfer or assign our rights, interests and obligations under any agreement entered into with the YTL Group
    • to comply with the YTL Group's legal and regulatory obligations in the conduct of its business including to meet any disclosure requirements of any law binding upon the YTL Group;
    • to contact you and/or provide you with information regarding our products, services, upcoming events, promotions, advertising, marketing and commercial materials which may be of interest to you;
    • to ensure that the contents on our website are presented in the most effective manner for your and for your computer and/or device; and
    • for the YTL Group's internal records management.
Where you have indicated your consent to receiving marketing or promotional updates from the YTL Group, you may opt-out from receiving such marketing or promotional material at any time. You may select the "unsubscribe" option provided in our email blasts or you may contact YTL at the details provided in Section (6) below.

(3)Disclosure or transfer of personal data (within or outside of Malaysia)

3.1 Entities within YTL Group


Your personal data provided to us is processed by entities (within or outside of Malaysia) within the YTL Group (including related companies, subsidiaries, holding companies, associated companies and outsourcing partners).

The YTL Group will ensure that:
  • access to your personal data is restricted to staff who are required to process your personal data in accordance with their respective job requirements; and
  • only necessary information is released to the relevant employees.
3.2 Classes of third parties

Your personal data may be disclosed or transferred to relevant third parties (within or outside of Malaysia) as required under law, pursuant to relevant contractual relationship (for example, where we appoint third party service providers) or for the Purposes (or purposes directly related to Purposes).

In the event of a potential, proposed or actual sale/disposal of business or interest, acquisition, merger, re-organisation or funding exercise relating to any member of the YTL Group (Transaction), your personal data may be required to be disclosed or transferred to a third party as a result of the Transaction. You hereby acknowledge that such disclosure and transfer may occur and permit the YTL Group to release your personal data to such third parties and their advisers/representatives.
  1. Customer or potential customer: Your personal data may be disclosed to the following classes of third parties:
    • Third parties appointed by us to provide services to us or on our behalf (such as banks or financial institutions, auditors, lawyers, company secretaries, printing companies, information technology (IT) system / software vendors, contractors, conference/training/event organiser, other advisers, travel agencies and insurance companies);
    • Our business partners or affiliates who may jointly provide the service requested for (such as third party hotels or resorts, shopping mall tenants or applications resellers);
    • Foreign embassies (including agencies appointed by foreign embassies to carry out their services) if the YTL Group assists you in your visa application as part of your requested travel services;
    • Any financial institutions, merchants and credit card associations in connection with your use of any credit or debit card in any transactions made with us;
    • Law enforcement agencies including courts, tribunals or authorities, whether governmental or quasi-governmental having jurisdiction over the YTL Group;
    • Relevant governmental agencies, statutory authorities, management corporations, joint management bodies, industry regulators and local councils; and
    • Any persons, authorities or regulators to whom the YTL Group is permitted or required to disclose to under the laws of any country.
  2. Vendor, supplier, tenant or service provider: Your personal data may be disclosed to the following classes of third parties:
    • Third parties appointed by us to provide services to us or on our behalf (such as banks or financial institutions, auditors, lawyers, company secretaries, printing companies, IT system / software vendors, contractors, conference/training/event organisers, other advisers, travel agencies and insurance companies);
    • Any financial institutions, merchants, credit card associations in connection with your use of any credit or debit card in any transactions made with us;
    • Law enforcement agencies including courts, tribunals or authorities, whether governmental or quasi-governmental having jurisdiction over the YTL Group;
    • Relevant governmental agencies, statutory authorities, industry regulators and local councils; and
    • Any persons, authorities or regulators to whom the YTL Group is permitted or required to disclose to under the laws of any country.
(4) Websites

4.1 Links to other sites


Content in any website of the YTL Group (YTL Websites) may include links to third party websites. The YTL Group is not responsible for the content on such linked third party websites and users should observe the separate privacy policies applicable to the respective third parties website.

4.2 Cookies

The YTL Group may collect information about your visits to the YTL Websites without you actively submitting such information. Unidentifiable information may be collected using various technologies, such as cookies, and web beacons. Cookies are small text files that are transferred to your computer's hard disk by a website. Web beacons (also referred to as GIF files, pixels or Internet tags) help the YTL Group recognise a unique cookie on your browser. Your internet browser automatically transmits to the YTL Group some of this unidentifiable information, such as the URL of the web site you just visited and the browser version your computer is operating.

Passive information collection technologies can make your use of the YTL Websites easier by allowing the YTL Group to provide better service, customise the YTL Websites based on consumer preferences, compile statistics, analyse trends, and otherwise administer and improve the YTL Websites. Certain features of the YTL Websites may not work without use of passive information collection technologies. Information collected by these technologies cannot be used to identify you without additional identifiable information and the YTL Group will not collect additional identifiable information with information collected through the use of such tracking technologies.

(5)Right to access and correct personal data

You have the right to access and correct your personal data held by us subject always to certain exemptions and payment of the prescribed fee. We will make every endeavour to ensure your personal data is accurate and up to date and therefore we ask that if there are changes to your information you should notify us directly at the contact details set out in Section (6) below and identify the relevant entity/division within the YTL Group with whom you have dealing.

If you would like to access your personal data, please complete our data access form available at here and send us the completed form or query to the contact details in Section (6) below.

(6)Limiting the processing of personal data, further enquiries and complaints

If:
  • you would like to obtain further information on how to limit the processing of your personal data;
  • you have any further query; or
  • you would like to make a complaint in respect of your personal data,
you may contact the following:

Designation : Personal Data Compliance Officer
Tel : +603 - 2117 0088 / 2142 6633
Email Address : legal@ytl.com.my
Fax : +603 - 2142 4378 / 2141 2703

Please state the nature of your relationship with the relevant entity/division within the YTL Group in your communications with us to facilitate the processing of your request.

(7) Conflict

In the event of any conflict between this English language Privacy Notice and its corresponding Bahasa Malaysia Privacy Notice, the terms in this English language Privacy Notice shall prevail.


Fair Usage Policy
1. Introduction
This Fair Usage Policy governs the manner in which We will manage Our broadband data capacity provisioning to customers. The objective is to ensure that Our customers will be able to enjoy the best Internet connectivity from Our broadband services. While 4G broadband service is considerably faster than 3G broadband service, the actual speed may be affected by certain factors which includes location of the user within the 4G cell coverage, the access device and software applications used by the user. Whilst We cannot dictate the type of devices or software applications You may use for Internet access We will however, ensure optimum bandwidth speed for Our broadband service subject to Our Fair Usage Policy.

This Fair Usage Policy supplements the Yes Service terms and conditions available at www.yes.my/tnc.
2. Data Capacity Allocation
In accordance with the service plan or service package subscribed by You, a fixed Data Capacity Allocation will be provided to Your Yes Service account monthly (for Postpaid Service) or for a fixed period (for Prepaid Service). If Your usage exceeds the Data Capacity Allocation, We will manage the bandwidth for Your Service. In the case of Postpaid Service, You will still be able to access the Internet but at a reduced bandwidth speed. In the case of Prepaid Service, You will be barred from accessing the Internet. You may purchase Data Add-ons (Postpaid) or reload (Prepaid) to restore optimum speed or to restore the Service, as the case may be. In this respect, we support and encourage Our customers to be in control of their own usage and practise traffic management voluntarily by Our "pay as you use" policy.
3. Monitoring Your own Data Capacity Allocation Balance
You are advised to constantly monitor Your own usage allowance to ensure that You have sufficient data capacity for usage. To help You keep track of Your usage, You may access Your account at www.yes.my to view Your actual usage and the balance remaining of Your Data Capacity Allocation.

Further, We will send You advisory emails and/or SMSes to Your latest email address and/or mobile phone number in Our records when You reach 80% and 100% of Your Data Capacity Allocation respectively. Whilst We may provide such advisory notification emails and/or SMSes, failure to receive any notification as aforementioned, will not exempt You from our right to throttle the speed of the broadband service upon 100% usage of Your Data Capacity Allocation. As such, you must take the necessary measures to constantly monitor Your own usage. You must submit Your latest email address and mobile phone number for Our records to ensure that You receive the above mentioned advisory notifications.
4. Traffic Prioritization
As the available bandwidth is shared by all customers active at the same time, the connection speed for each user will differ depending on the number of active users at that time. A few high bandwidth users may congest the network thus affecting the bandwidth speed for the majority of the other users using the bandwidth at the same time. To be fair to all users and to avoid one or more heavy or excessive user/s taking up excessive bandwidth at the expense of others and slowing down the connectivity for other customers We reserve the right at Our absolute discretion to manage the bandwidth of heavy users. In this respect, We will identify the extremely heavy users and may restrict their bandwidth during peak hours. Further, to protect the performance of Our network and to ensure the best experience for all users of Yes Service, at peak times We may manage the speed of non-time critical applications such as peer to peer (P2P).
5. Calculation of data usage
ALL usage of bandwidth resulting from any activity via Your Yes Service account shall be taken into account for the calculation of data capacity usage, whether those activities are of Your own doing or otherwise, knowingly or unknowingly including but not limited to the following which may consume considerably large amount of bandwidth.
  • Software and applications use to send, receive, or for uploading and/or downloading of files.
  • Software upgrades.
  • Peer-to-peer software/applications such as BitTorrent, eDonkey, Gnutella or file sharing software such as Limewire which demand a significantly huge amount of bandwidth.
  • Additionally, excessive depletion of bandwidth may be caused by spamming, virus activities, spy wares, malware and/or other computer contaminants which may be known or unknown to You. Your computer is constantly at risk from infection by such activities.
Therefore, you must take all precautions and rightful action to ensure that the above activities are controlled and minimized at all times.
6. Unlawful Activities
In using Yes Service, You must conform to the laws of Malaysia and will not knowingly permit any illegal use or such use that will discredit YTLC. You are further subject to Our Acceptable Use Policy available at www.yes.my/tnc which sets out the prohibited activities in connection with the use of Yes Service.
7. Variation and Amendments
We reserve the right to vary the terms of this policy from time to time with or without notice to You and You shall be bound by such variation and changes. If YTLC changes the terms of this policy, an updated version of the policy reflecting those changes will replace the current version and be uploaded on Our website at www.yes.my.
8. Prevailing Terms
If there is any inconsistency between this policy and the terms and conditions of the Yes Service, the terms and conditions governing the Yes Service as posted at www.yes.my/tnc will prevail.
9. Definitions
 
(a) "Data Add-ons" means the additional volume of bandwidth offered for sale by YTLC in various capacity packaging which customers may purchase separately and distinct from customers’ Yes Service plan or package for additional bandwidth volume and/or to restore optimum speed.
(b) "Data Capacity Allocation" means the available bandwidth volume provided by YTLC for customer’s data usage under a Yes Service plan or package.
(c) "Our", "We", "Us" or "YTLC" means YTL Communications Sdn Bhd including its subsidiaries and affiliates.
(d) "You" or "Your" means the customer or subscriber of Yes Service.
(e) "Yes Service" or "Service" means the 4G Wimax broadband service provided by YTLC under its service plan or package.
(f) "Prepaid Service" means YTLC’s prepaid Yes Service.
(g) "Postpaid Service" means YTLC’s postpaid Yes Service.
Acceptable Use Policy
The details of the Acceptable Use Policy, a contravention of which may result in your Service being barred, suspended or terminated as per Clauses 9(v), 10(a)(v) or 11(b)(1)(i) of the Customer Subscription Agreement, are as follows.
You are not to use the Service to:
1. disseminate, download or upload, any content that may be construed or regarded as offensive, fraudulent, objectionable, inaccurate, defamatory or erroneous.
2. reproduce (including use) any third party's intellectual property rights ("IPR") without such IPR owner's consent, e.g. downloading music or movies;
3. disseminate any content that is in contravention of the owner's intellectual property rights;
4. communicate or transmit by means of YTLC's Network or the Service, any comment, request, suggestion or other communication which is obscene, indecent, false, menacing or offensive in character, or to otherwise use Our Services for any illegal or unlawful purpose;
5. misuse the Service by making prank calls to the emergency services or to any third party thereby annoying the called party,
6. hack our systems or any third party systems or networks, introduce virus, malicious code, to our system or any third party system using the Service, introduce, use or launch any "sniffer" software to collect personal data including financial information of third parties, or spoofing;
7. promote, use, send or disseminate any email or instant message or any fictitious email or instant message to defraud or cheat any person, including phishing, spamming, mail-bombing or such other activities that promote a criminal intent/activity;
8. commit fraud, theft, or any criminal activity, including using the Service to commit a crime under the Computer Crimes Act 1997 or any written law;
9. upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, subversive, hateful, or racially, ethnically or otherwise objectionable or contrary to public interest, public order or national harmony in all relevant jurisdictions;
10. harm minors in any way;
11. impersonate any person or entity, including, but not limited to, our servant, agent, employee or official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
12. forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service or forge the IP addresses assigned for you to use the Service;
13. upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
14. upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
15. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose;
16. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any other party's computer, software, hardware or telecommunications equipment;
17. disrupt or cause the disruption of the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
18. interfere with or disrupt the Service or another person's use of the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
19. violate any applicable law, statute, ordinance, regulation, rule or code, including, but not limited to, any regulation, rule, notice, instruction or directive of any regulatory body or authority, governmental agency or national or other securities exchange (whether intentionally or otherwise);
20. "stalk" or otherwise harass another person;
21. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs above; and/or
22. cache, hyperlink to, and frame the whole or any part of any websites comprised of in the Service without our prior written permission.
Rebates & Rewards Scheme
Introduction

This sets out the rebates, rewards and bonus plan that YTL Communications ("YTLC") offers its subscribers. This plan may change from time to time and such change will be published at this web address. Specific promotions that provide bonuses to customers, with their entitling conditions will be issued from time to time. All rebates, bonuses or rewards are in the form of fully-paid up usage credits that a customer can use to discount the total liability of the customer for the service, and which will be credited into the subscriber's account with YTLC.
 
Definitions

These words have the following meanings:
Rebate means the provision of a recurring and variable value, usually in the form of usage time, that is credited to the Subscriber by YTLC upon the Subscriber satisfying the eligibility criteria;
Bonus means the provision of a one-time specified value by YTLC to the Subscriber either because of the Subscriber meeting the specified promotion conditions;
Reward means provision of either benefits in kind or usage credits that are accorded to the Subscriber at the discretion of YTLC from time to time;
Scheme means the customer reward plan by which YTLC will provide discounts to eligible Subscribers as may be changed from time to time;
 
Eligibility Criteria or Promotion Conditions

The eligibility criteria or promotion conditions for each category are set out below:
Category Eligibility Criteria or Promotion Conditions
Rebate 1. An account that is not barred or suspended;
2. Subscriber has used the Service for data; and
3. Such data usage is paid for by the Subscriber.
Bonus Promotion conditions are as specified in the promotion documents as may be provided from time to time.
Reward None. Currently at the discretion of YTLC.
 
Calculation

The following is the method of calculating the Bonus, Reward and/or Rebate.
Title Method of calculating
Rebate Based on Subscriber data consumption:

3 tier rebate @ 2.5GB (RM 9 @ 12%), 3GB (RM 22.50 @ 25%), > 4GB (30% @ RM 9 / GB) and maintain maximum rebate thereafter

Data does not include voice or SMS or any free data usage in that month.

Quantity of GB is determined by Subscriber download only.
Bonus As per specific promotion documents.
Reward Given at the discretion of YTLC
 
Other Terms
  • All Rebates shall be credited into the Subscriber's account in the month following the month in which it is earned.
  • Every month, Rebates are achieved once specific data consumption targets are met and will be credited into the following month' balance. Earned rebates will only be based on actual monthly data usage minus the free data rebate in that given month;
  • Bonus and Rewards are credited into the Subscriber's account in the month when the bonus or reward is granted.
  • All Bonuses, Rewards or Rebates shall not expire, except when the account is terminated.
  • All Bonus, Rewards and/or Rebates are not convertible into cash, nor can be used to purchase any goods or products whether of YTL Communications or any third party. It can only be used as a discount of the usage charges for the Services including the monthly Minimum Usage Requirement fee.
  • All Rebates, Bonuses and Rewards are not transferable or assignable to any other person and are personal to holder.
  • YTL Communications may change, revise or update the Scheme but all existing Bonus, Rewards and/or Rebates will continue to be valid and subsisting.
Limited Warranty for Products and Devices
1. Device. The term "Device" means any electronic or communication device carrying the YES™ trademark or any logo, design or brand duly owned by or in which proprietorship is in the process of being registered to YTL Communications Sdn Bhd (793634-V) ("YTLC") and sold by any agent, distributor, reseller or any such similar entity duly authorised to do so by YTLC.
2. Free from defects. YTLC warrants that all Devices sold will be free from manufacturer's defects in material and workmanship and will operate in accordance with its specifications when used under normal conditions for the duration of the Warranty Period (as defined below). Difference in specifications or features between differing Devices or different versions of Devices shall not constitute "defects" under this Warranty.
3. Variations in Warranty Periods. The Devices may include and/or comprise parts, components or features which may be subject to warranty periods that are independent or different from those covering the Device as a whole. The different warranty periods (collectively referred to as "Warranty Period") for the Device and all related parts and/or components therein shall be as follows:
 
3.1 Twelve (12) months warranty for the working Device as a whole;
3.2 Six (6) months warranty for any consumables, e.g. batteries, bulbs and/or chargers etc;
3.3 Ninety (90) days for any media upon which software is provided and bundled together with the Device, e.g. CD-ROM, memory cards etc
4. Post Warranty Period. There shall be no warranty and YTLC shall not be responsible for any defects or damage discovered or manifesting itself after the Warranty Period. This does not, however, preclude a purchaser of Devices from obtaining chargeable repairs or replacements of parts for Devices from YTLC's authorised service centres.
5. Registration & Commencement of Warranty Period. The relevant Warranty Period for the Device and each respective component and/or part thereon shall commence from the date of the Device being duly registered on YTLC's online product registration page at www.yes.my/activation. It shall be an express obligation upon you as the purchaser of a Device to register online within seven (7) days from the date of purchase of the Device to activate and enjoy the Warranty. Failure to effect registration within the period stipulated may result in the affected Device not being covered by the Warranty.
6. Exclusions to the Warranty. Notwithstanding anything to the contrary, this Warranty and the extent of its coverage does NOT extend to and will NOT apply where the Device:
 
6.1 suffers scratches, cracks, or other cosmetic damage as a result of normal wear and tear and/or accident or abuse;
6.2 is used with any equipment, hardware, products or software not licensed or authorised by YTLC (including but not limited to adaptors and power supply sources) or which are otherwise not compatible;
6.3 is used for or in relation to any commercial purposes (including rental or lease);
6.4 is damaged by Acts of God, power surge, misuse, abuse, negligence, accident, wear and tear, mishandling, misapplication, intrusion of or exposure to liquids, or other causes unrelated to defective materials or workmanship;
6.5 has its serial number or MAC ID or IMEI number (whichever may be applicable) defaced, altered, or removed;
6.6 is damaged by third party programs, data, viruses, or files;
6.7 is not used in accordance with the accompanying documentation and use instructions;
6.8 is opened, disassembled, repaired, modified, tampered or altered by other than a YTLC authorized personnel or repair centre; and
6.9 is purchased from non-authorized dealers or any non-legitimate sources.
7. Limitation to the Warranty. To the maximum extent permitted by law, and except as expressly set forth in the Warranty contained herein, YTLC makes no warranty or representation and there are no conditions, express or implied, statutory or otherwise, of any kind whatsoever with respect to the Device, including but not limited to the merchantability of the product or its fitness for any particular purpose or use, design, condition, quality, or performance of the product, or workmanship of the product or the components contained therein. Nothing contained in the user/instruction guide/manual shall be construed to create an express warranty of any kind whatsoever with respect to the Device. In addition, no other information, whether verbal or written from any other party, whether or not an employee or agent or representative of YTLC shall create or expand upon the scope the Warranty described herein. No warranties, whether express or implied, will apply after the relevant Warranty Period has expired.
8. Warranty Remedies. In the event of any defect or damage to a Device that is validly covered by the Warranty described herein, then upon the defective/damaged Device being brought to an authorised YTLC service centre, such defective/damaged Device shall either be replaced or repaired by YTLC at its absolute discretion.
9. Incidental, consequential losses etc. YTLC is not liable for any damages or loss of profit or loss of data or privacy or confidentiality of any kind resulting from the purchase, use, or misuse of, or inability to use the Device or arising directly or indirectly from the use or loss of use of the Device or from the breach of the express warranty, including incidental, special, consequential or similar damages, or loss of anticipated profits or benefits, or for damages arising from any tort (including negligence) or fault committed by YTLC, its agents or employees, or for any breach of contract or for any claim brought against you by any other party even if YTLC has been advised of the possibility of, or could have foreseen, any of the excluded damages.
10. Claiming under the Warranty. The defective Device is to be deposited with or taken to an authorised YTLC retail or service centre, together with the relevant proof of purchase. Provided the Device is still covered by the Warranty, YTLC shall at its absolute discretion and upon conducting the requisite diagnostics, decide if the damage and/or defect affecting the Device is covered by the Warranty and if so, whether the Device should be repaired, replaced or the purchaser compensated (which compensation shall be subject to any applicable deduction for depreciation at YTLC's discretion). YTLC shall not be responsible for loss of content, data or any issues relating to infringement of privacy or confidentiality whilst undertaking repair or replacement of the Device. Any replacement parts will be new or refurbished and warranted for the remainder of the original Warranty Period.
11. Uncollected Devices. Any Device deposited for repairs and remaining uncollected for a period of ninety (90) days shall be deemed to be unwanted and YTLC shall have the right to dispose of such uncollected Device or to deal with it in any manner as YTLC shall deem fit, without the need for notice.
Terms and Conditions of Sale of Chromebook
PLEASE READ THE FOLLOWING TERMS CAREFULLY, AS PURCHASING THE RELATED DEVICES INDICATES AGREEMENT WITH, AND ACCEPTANCE, OF THESE TERMS.

THESE ARE THE CURRENT TERMS AND CONDITIONS OF SALE ("TERMS") OF YTL COMMUNICATIONS SDN BHD AND/OR ITS AFFILIATES (COLLECTIVELY, "YES"), WHICH APPLY TO ANY SALE OF CHROMEBOOK. YOU REPRESENT AND WARRANT THAT YOU HAVE AUTHORITY TO ACCEPT, AND HAVE READ, UNDERSTOOD AND AGREED TO, THESE TERMS. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, ANY ACCEPTANCE BY YOU OF THE CHROMEBOOK SHALL CONSTITUTE AN IRREVOCABLE ACCEPTANCE OF THESE TERMS.
1. Device Warranty
Each Chromebook delivered under a sale shall be subject to the manufacturer's limited warranty terms as stipulated in the Chromebook literature enclosed in the packaging solely during the manufacturer's warranty period applicable to the Chromebook, parts, and consumables, which periods (if any) are expressly identified in the Chromebook literature and/or, in the case of consumables, on the label attached thereto (each such period, as applicable, the "Warranty Period"). For any issues relating to Chromebook, part or consumable and/or warranty claims relating to defective Chromebook, part or consumable, the customer is required to go to any of the manufacturer's customer service centres which are listed at www.samsung.com/my/support/location/supportServiceLocation.do?page=SERVICE.LOCATION. Proof of ownership of such defective Chromebook, part or consumable by producing the receipt of purchase (or any other means as may be determined by the manufacturer's sole and absolute discretion) will be required by the manufacturer. The valid warranty claim hereunder shall be the manufacturer's sole obligation and customer's sole remedy in respect thereof. No warranties, whether express or implied, will apply after the relevant Warranty Period has expired.
2. Incidental, consequential losses etc
Yes is not liable for any damages or loss of profit or loss of data or privacy or confidentiality of any kind resulting from the purchase, use, or misuse of, or inability to use the Chromebook, part or consumable or arising directly or indirectly from the use or loss of use of the Chromebook, part or consumable or from the breach of the express warranty, including incidental, special, consequential or similar damages, or loss of anticipated profits or benefits, or for damages arising from any tort (including negligence) or fault committed by Yes, its agents or employees, or for any breach of contract or for any claim brought against the customer by any other party even if Yes has been advised of the possibility of, or could have foreseen, any of the excluded damages.
3. Refund Policy
Upon the sale of the Chromebooks, parts or consumables, Yes will not allow cancellation of the sale; or the return, refund or exchange whatsoever of the goods sold.
Fixed Wireless Internet Service

Last updated: 3 May 2017

By completing and executing the Service Registration Form overleaf, whether digitally or in writing or through any other mode as may be prescribed, You (as the customer) are deemed to have accepted these terms and conditions and agree that it shall form a binding agreement (“Agreement”) between Yourself and YTL COMMNICATIONS SDN BHD (Co. No: 793634-V) for the Service and accompanying Service Plan which You have selected in the Service Registration Form.
1. Provision of the Service (a) Approval. The provision of the Service shall be at Our sole discretion and is provided to You subject to the terms and conditions herein together with any other terms relevant to the Service Plan as selected by You in the Registration Form (details of Service Plans are available at www.yes.my). (b) Acceptable Use Policy. You agree to use the Service in accordance with Our Acceptable Use Policy (available at www.yes.my/tnc). (c) Privacy Policy and Data Protection. You expressly agree to and accept the terms of the YTL Group Privacy Policy available at http://www.ytl.com/privacypolicy.asp. (d) Scope of Service. The Service enables Internet access at the Premises where the Service is provided and unless expressly provided in Your Service Plan the Service does not include voice calls, SMS, Yes Mail and Yes Life. (e)Network Coverage Information. For network coverage information, You may go to www.yes.my/coverage or contact our YesCare Center at 018-333 0000. (f) Promotion. If the Service is provided under a promotion or part of a bundled plan, then the relevant promotion and/or bundle terms and conditions shall apply in addition to or in substitution of the terms and conditions in this Agreement. (g) Disclaimer. The Service is provided on an “as is” and “as available” basis. 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 and uninterrupted use of the Service and (ii) sequence, accuracy, completeness, timeliness or the security of any data or information transmitted using the Service or provided to You as part of the Service. (h) IP Address. Unless otherwise expressly stated in your Service Plan, provision of internet access under Our 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 customers and if it is approved by Us will be subject to additional charges.
2. Service Plan (a) Service Commencement. The Service shall commence on the commencement date stated in the Registration Form or upon the completion and readiness of the Service, whichever is the later. (b) Deposit. If required, a deposit may be collected upon registration of the Service and shall be held to Your credit and repaid to You free of interest within forty five (45) days after termination subject to deduction of any amount due to Us from You. We reserve the right to deduct from the refundable deposit any amount due and payable to Us at any time and may request You to make further refundable deposit payment to maintain the required deposit amount. (c) Contract Period. Unless otherwise terminated by You in writing, the Service will continue automatically upon expiry of the Contract Period on a month to month basis. Early Termination Charges as stipulated in clause 10(b) herein shall be imposed against You if You terminate the Service or the Service is terminated by Us due to Your default before the expiry of the Contract Period. (d) Unlimited Data Usage. The Service provides unlimited access to and data usage in the Internet subject to the speed as stipulated in your Service Plan. Notwithstanding anything herein, we reserve the right to implement a data quota (if any) under Your Service Plan with prior notice at any period of time under this Agreement. We will use our reasonable endeavours to make the Service available 24 hours a day, however we will not be liable if for any reason the Service is not available at any time or for any period. (e) Restricted activities. The Service provided under Your Service Plan may restrict You from certain download activities including but not limited to use of peer-to-peer (P2P) activities (computing and networking) and file sharing programs. (f) Yes ID. You will be provided a unique Yes ID which will be Your username to access and use the Service. The Yes ID can only be used for the Service via the Yes modem device installed at the Premises and cannot be transferred to or use to access the Service with any other modem or device.
3. 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/legal). You agree to be subject to the said Fair Usage Policy and any other prohibited activities governed under Your Service Plan and any action taken in pursuance of the same.
4. Charges (a) By using or registering for the Service, You agree, where applicable, to be liable for the following: (i) one time Activation Fee upon registration; (ii) one time device deposit/s and/or advance payment/s upon registration; (iii) foreigner’s deposit upon registration; (iv) Commitment Fee to be paid monthly in advance; (iv) any relevant taxes and duties payable on the Service including without limitation service tax or goods and services tax; (v) stamp duty payable for this agreement; and (vi) any other charges as may be determined by Us from time to time and notified to You. (b) You will be charged according to the type of Service Plan subscribed by You and We will bill You monthly in accordance with the Billing Cycle relevant to Your account. (c) Additionally, if Your Service Plan is bundled with a Yes Device, You will be subject to further charges and/or payments in accordance with the relevant Service Plan. (d) We shall be entitled to revise the amount of deposit, Fees or any other charges for the Service or part thereof at anytime by notice to You. (e) You will be notified by email of Your Bill, which will be hyperlinked to enable You to view and/or print Your Bill. It shall be incumbent upon You to periodically check Your email and Our portal for Your latest Bill. However issuance of a Bill is not a prerequisite to You making payments to Us.
5. Payments (a) Bills are to be settled in full by thirtieth (30th) day (“due date”) from the date of each Bill, failing which We will be entitled to charge You a late payment penalty of RM10.00 or interest for any outstanding amounts at the rate of one point five percent (1.5%) per month calculated on daily rest from the due date until full payment, whichever being the larger sum. Additionally, We may bar or suspend the Service until full payment is made. (b) You are responsible for verifying the accuracy of Your Bill and to notify Us of any discrepancy no later than 10 days from the date of the Bill, failing which You will be deemed to have accepted the Bill as correctly rendered and final. To avoid Service suspension or termination, You shall be obliged to make prompt payment of Your Bill notwithstanding any dispute(s) or purported discrepancies. Any overpaid sums shall, upon confirmation be duly credited into Your account free of interest or any charges. (c) Further information or past itemization details about any Bill may be provided at Your request subject to imposition of administration fees which will be made known to You beforehand. If You do not agree to pay Us the said sum, Our obligation to provide You with the requested information or past itemization will be deemed to be discharged. (d) You may choose any of the following payment options for making payment on Your Bill: (i) Credit card; (ii) Direct debit; (iii) Bank cash deposit machine (CDM); (iv) Automated teller machine (ATM); or (v) cash payment (at Yes Stores/Kiosks only). Payment may be made at Yes Stores/Kiosks, Our portal at www.yes.my, participating bank portals, participating banks' ATM or such other mode of payment as may be made available by Us from time to time. The participating banks for payments of our Bills are stipulated in our portal at www.yes.my and will be updated from time to time. (e) Auto Billing facility is also available to You for automated payments of Your monthly Bills, which may be activated at www.yes.my or selected by You at the point of subscription. You are obliged to ensure sufficiency of funds in Your debit/credit account and that the Auto Billing activity can be completed. We shall not be liable to You if the Auto Billing is declined or cannot be completed for whatever reason. You acknowledge and understand that Auto Billing is only applicable for settlement of periodic Bills. All and any payments outside of the periodic Billing Cycle must be promptly settled by You in any one of the other methods mentioned above. The use of the Auto Billing facility is subject to the Auto Billing terms and conditions available at www.yes.my/tnc.
6. Password (a) Your username and password (if applicable to Your Service plan) identifies You within Our network and it is Your duty to keep Your password safe and not share it with any third parties. (b) Regardless of the identity of the party concerned, any use of the Service utilizing Your username and/or password will be deemed to be from You and You will be held responsible and liable for any data transmitted or activities conducted from such access and use of the Service through Your Service account. In such instance, our records identifying the username and/or password used to access the Service shall be deemed to be conclusive and irrefutable. (c) You may change Your password by accessing Our portal at www.yes.my/myselfcare.
7. Your Responsibilities You must, throughout the duration of the Agreement: (a) promptly pay all amounts due to Us as billed to You for all charges relating to the Service; (b) continue to be liable for any applicable charges and Fees during any period of interruption, suspension or loss of Service or part thereof from any cause whatsoever; (c) comply with all notices or directions relating to Your use of the Service which We may issue from time to time; (d) be fully responsible for any data transmitted or broadcasted by You or any person using Your Service account; (e) report to Us immediately upon discovery of any fraud, theft, loss, unauthorised usage or any other occurrence of unlawful acts in relation to Your Service account and lodge a police report whenever required by Us with regard thereto and provide Us a certified copy of such report; and (f) indemnify and keep Us indemnified from and against any losses, damages, claims, liabilities or expenses arising from Your use of the Service.
8. Service Barring and Suspension (a) We shall have the right, in our sole discretion and without notice or compensation, to bar or suspend Your account for such duration as We deem fit if : (i) Your debt to Us has been outstanding for more than thirty (30) days (barring applies); (ii) 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); (iii) We are instructed by any federal or statutory agency or regulatory body; (iv) 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 or We have reason to believe that the Service is used for purposes, which may breach any laws or regulations; (v) You contravene Our Acceptable Use Policy, Fair Use Policy or the Restricted Activities under Your Service Plan; or (vi) You use the Service or the Yes modem device in a manner not permitted under this Agreement, or determined inappropriate by Us. During the barring or suspension period You will not be able access the Internet. (b) Service Restoration: Restoring the Service to Your barred or suspended account requires You to have first remedied to our satisfaction the ground entitling Us to bar or suspend, including the settling of any outstanding amounts due to Us and any relevant interest charges for late payment. Where an account has been suspended, payment of a prescribed fee may be required for re-connection.
9. Termination (a) Subject to Clause 10 herein, You may terminate Your account with Us at any time by giving Us prior written notice of at least seven (7) working days. The notice must be in Our prescribed format and supported by all required relevant documents for verification. (b) We may terminate Your account if You: (i) do not adhere to Our Acceptable Use Policy, Fair Use Policy or the Restricted Activities under Your Service Plan; (ii) fail and/or neglect to pay Us amounts owed; (iii) are adjudicated bankrupt; (iv) are in breach of any of the terms of this Agreement; (v) use the Service in breach of the Communications and Multimedia Act 1998 and its statutory instruments or in contravention of any written law and regulations or We have reason to believe that the Service is used for purposes, which may breach any laws or regulations; or (vi) You use the Service or the Yes modem device in a manner not permitted under this Agreement, or determined inappropriate by Us; (vii) are subject to blacklisting by any other service provider with whom We have bilateral and/or contractual obligations; (viii) We are instructed or directed by any federal or statutory agency or regulatory body to do so; (ix) it is in the public interest; or (x) due to the existence of a declared public emergency. Notice of termination will be electronically transmitted to such mobile number or email address furnished by You in the Registration Form or as updated by You from time to time. (b) The effective date of the termination will be as specified in the notice to You or from You to Us subject to the required termination notice mentioned above (as the case may be).
10. Effect of termination (a) Upon the termination of Your account/Agreement by either party, You will be liable to Us for: (i) the Commitment Fee for the entire Billing Cycle in which the termination occurred, unless otherwise stated; (ii) any other applicable charges and other services incurred up to and including the effective date of termination; and (iii) any outstanding amount(s). (b) Before the expiry of an applicable Contract Period, if You terminate the Agreement OR if the Agreement is terminated due to Your breach or default, You shall in addition to the foregoing sub-clause (a) (ii) and (iii) be liable to pay Us the sum equivalent to the aggregate Commitment Fees for the unexpired Contract Period still remaining as at the date of premature termination (hereinafter referred to as “Early Termination Charges”). However, Early Termination Charges are excluded from instances of conversion of Service Plan where a larger value Service Plan is substituted for one of lesser value. (c) All of the above amounts stipulated in the foregoing sub-clauses (a) and (b) are deemed to be a debt due to Us and are to be paid by You immediately upon receipt of Our Bill which will be billed to you in the Billing Cycle immediately following the termination of Your account/Agreement. We have the right to set off this debt against any money due to You from Us (d) All prior payments by You, including but not limited to any deposit and/or advance payments relating to any Yes devices bundled with Your Service Plan, are wholly non-refundable where termination is due to Your default. (e) Your account will be closed on the effective date of termination and You will no longer be able to use the Service. (f) Upon termination of Your account, the Yes ID will revert to Us and we may require you to return the Yes modem device to us.
11. Rights of Redress If You are dissatisfied with Our Service You may either refer the matter to Us via email at yescare@yes.my or visit Our website at www.yes.my.
12. Data Protection You consent to our processing of Your personal data for the purposes connected to Your subscription of the Service. You confirm that You have read and agree to the terms in the YTL Group Privacy Policy available at http://www.ytl.com/privacypolicy.asp. Your personal data are retained by Us for at least 12 months after You cease to be a subscriber or seven (7) years from registration (whichever is later).
13. LIMITATIONS ON LIABILITY (a) 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; (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. (b) Without limiting the generality of sub-clause (a) 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. (c) 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 Five Hundred (RM500) only.
14. Variation of the Terms (a) We reserve the right at Our absolute discretion, from time to time, to vary, add to or amend the terms of this Agreement or any part thereof with notice to You. (b) You will be given written notice of such amendments and Your continued use of the Service after notice has been given to You shall constitute Your acceptance of the amendments upon which the variation, addition or amendment shall be effective and binding on the parties. (c) Any External T&C may be varied by Us from time to time without notice to You.
15. Novation & Assignment (a) We may assign and/or novate this Agreement to any third party which shall take effect upon notice to You by an email or other electronic notice to You. (b) This Agreement is personal to You and cannot be assigned without Our prior approval in writing.
16. Intellectual Property Rights (a) License. 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 computer/device for Your personal use only together with any other applications that may be explicitly provided by Us. (b) 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. (c) 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 except to the extent permitted by law. (d) Third Parties. The Service may be incorporated into, and may incorporate unto itself, software and other technology owned and controlled by third parties. Any such third party software or technology that is incorporated in the Service falls under the scope of this Agreement. 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. (e) Exclusive Ownership. Any content provided by 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 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 are and 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 is not contained in the Yes Life or the Yes Mail, but may be accessed through use of the Yes Life or the Yes Mail, is the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties. (f) Indemnification. You shall indemnify and keep Us indemnified from and against any losses, damages, claims, liabilities or expenses arising from any infringement of IPRs including without limitation licenses, copyrights, trade marks and patents due to Your willful or negligent act or omission.
17. Customer Access Equipment (a) You shall maintain and operate suitable and fully compatible terminal equipment and communication devices required to access the Service. WE MAKE NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING SUCH SUBSCRIBER EQUIPMENT. (b) Any Yes Device provided by Us to You under Your Service Plan 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 at 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.
18. General (a) Incorporation by Reference. All External T&C referred to herein are deemed incorporated into and form part of the 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. (b) Governing Law. This Agreement is governed by the laws of Malaysia. (c) Severability. 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. (d) 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. (e) 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. (f) Deemed Acceptance. You are deemed to have accepted the terms herein by: (i) signing the Registration Form; (ii) registering the Service with Us or Our authorised dealer/distributor; (iii) marking the check box that indicates Your agreement to these terms and conditions; or (iv) using the Service. (g) Notice. We may give notice to You by posting at Our website or email to You or SMS to Your mobile number or fax or posting to Your address as stipulated in the Registration Form or any address as may be notified in writing by You to Us from time to time. Any notice or request from You to Us must be made in writing and posted to Our registered office or such other address as We may revise from time to time. Such notices shall be deemed to be received if: (i) by post, by the third day from the date of posting; (ii) by fax, upon receipt of faxed transmission as evidenced by the transmission report; or (iii) posting on website, twenty four (24) hours from posting.
19. Definitions & Interpretations Unless the context otherwise requires, these words mean as follows:
  1. "Agreement" means the subscription agreement for the Service made pursuant to the Registration Form submitted by You and accepted by Us upon the Terms and Conditions herein.
  2. "Auto Billing" means the automated payments made from Your selected bank or credit card provider towards Your monthly Bills via an electronic payment system when You select Auto Billing as Your mode of payment.
  3. "Bill" means Your statement of account issued by Us containing Your total Fees, credits and any other charges.
  4. "Billing Cycle" means the monthly cycle between billings as generated from Our billing system.
  5. "Commitment Fee" means the monthly fixed sum to be paid by You in connection with Your Service Plan.
  6. "Contract Period" means a fixed term duration from the commencement date of the Service for which You have committed to use the Service under the Agreement.
  7. "External T&C" means those current and future documents referred to in Clauses 1(a)(b)(c)(e), 3, 12, and 17(b) herein.
  8. "Early Termination Charges" shall have the meaning assigned to it in Clause 10 (b).
  9. "Fees" means all relevant monthly charges including but not limited to the Commitment Fee to be paid by You for the Service.
  10. "IPRs" means intellectual property rights.
  11. "MCMC" means the Malaysian Communications and Multimedia Commission, the regulator for communications and multimedia service providers.
  12. "Premises" means the premises at the address as stated in Your Registration Form at which the Service is to be provided to You.
  13. "Registration Form" means a service registration form, whether in electronic mode or any other mode which is used to submit and process registration request for the Service to be provided to a customer.
  14. "Service" means the fixed wireless Internet service for Internet access, comprising both the wireless service and the fixed access terminal provided by Us to You over the WiMAX network at the designated Premises.
  15. "Service Plan" means the service plan selected by You in the Registration Form that is offered as a package upon certain specific terms in relation to the provision of Service.
  16. "SMS" means short messaging service.
  17. "“Us" "We" or "Our" means YTL Communications Sdn. Bhd.
  18. "Yes Life" means the client software developed by Us for use with certain Yes Services.
  19. "Yes Mail" means the email address provided to Our customers via the email platform service managed by Us.
  20. "You", "Your" means the named subscriber in the Registration Form.
  21. "Yes Device" means any electronic or communications device provided by Us in connection with Your Service Plan or purchased by You from Us to access to the Service.
  22. "Yes Stores/Kiosks" means Our retail outlets whose addresses are listed at www.yes.my.
  23. "Your Service Plan" means the Service Plan which You have selected during registration or any other Service Plan to which You have subsequently converted to in accordance with the terms herein for the provision of the Service by Us.
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Yes Life Web
Legal Agreement: This End-User License Agreement ("EULA") is a legal agreement between You as the licensee in this agreement and YTL Communications Sdn Bhd ("YTLC") regarding the use the two (2) software applications known respectively as Connect and Yes Life. This EULA shall be effective from the date when You indicate Your agreement to be bound to these terms in the manner specified in Clause 2 below.


1. Definitions: For the purpose of this EULA, the following words shall have the meanings as indicated:
 
(a) "Device" means a WiMAX compliant mobile device, handheld phone, PDA, laptop, netbook or other substantially similar Internet appliance or Internet-connectable device that is sold by YTLC to its subscribers for use on YTLC's service network or bundled together with a service plan as part of a marketing plan or any other device as otherwise authorized for use with YTLC's service(s), as may be announced from time to time;
(b) "Yes ID" means the unique user identification given to each YTLC Subscriber which is used to sign into YTLC's service from a Device and subsequently, to enable launch and activation of the software applications;
(c) "use" (in conjunction with the Software, as defined below) means to access, install, download, copy, or otherwise benefit from using the functionality of the software applications;
(d) "YTLC's service(s)" means subscription-based converged voice and data services provided by YTLC on its WiMAX access and telecommunications network. Subscribers will each be given a unique Yes ID to enable access to and use of YTLC's services;
(e) "YTLC Subscriber" means a person over the age of 18 who has validly contracted for YTLC's services via an online/written subscription agreement (or its equivalent), is current in all fees, subscription dues whatsoever payable to YTLC and is in possession of an unexpired, unrecalled, fully operational Yes ID;
(f) "You" or "Your" means a subscriber of services provided by YTLC;
(g) "Connect" means the proprietary software owned by YTLC which enables a YTLC Subscriber to utilize a personal computer or other access device to connect to YTLC's network;
(h) "Yes Life" means the software licensed to YTLC which enables a YTLC Subscriber to utilize a personal computer or other access device connected to YTLC's network in order to make and receive voice calls, send messages, know whether contacts are on-line or connected and such other features as may be introduced from time to time by YTLC;
(i) "The Software" means collectively Connect and Yes Life as defined above.
2. Electronic acceptance: By You installing, copying, downloading or otherwise using the Software; or if acquiring the Software on-line, by clicking or checking the "I Accept/ Agree" button, You hereby agree to be bound by all terms contained herein and the terms and conditions stated in http://www.yes.my/tnc and you further agree to the use of electronic communication(s) to signify Your acceptance of and entry into this EULA. You hereby waive any rights or requirements under any laws or regulations in any jurisdictions which require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable mandatory law. You may not install, copy, download or otherwise use the Software in any way whatsoever if You disagree with the EULA or any one of its provisions.
3. Consent to processing of personal data: By clicking or checking the "I Accept/ Agree" button, You also expressly agree and consent to YTLC processing Your personal data throughout Your tenure as a YTLC Subscriber for purposes of identity validation, establishing of usage patterns, billing, content delivery or any other such purposes as may be deemed necessary by YTLC provided that such other purposes shall not extend to any criminal or illegal purpose, unauthorised disclosure to third parties or for any matter related to multi-level marketing.
4. Warranty disclaimer: The Software, its component software(s), codes etc and all other items related to or arising in respect thereof is furnished on an "as is" basis. YTLC does not and cannot warrant the performance or results You may obtain by using the Software. Except to the extent this disclaimer cannot or may not be excluded or limited by law, YTLC makes no warranties conditions, representations, or terms (express or implied whether by statute, common law, custom, usage or otherwise) as to any matter including without limitation non-infringement of third party rights, merchantability, integration, satisfactory quality, or fitness for any particular purpose.
5. Permitted Use: The Software is designed strictly to be used by YTLC's Subscribers either on YTLC's handheld Devices and/or Personal Computers (PCs) to connect to YTLC's service network only. Use of the Software in these circumstances enables the synchronization of data across various Devices, specified platforms and third party software. Provided You are a valid YTLC Subscriber, You are hereby permitted to use the Software on Your Device(s) and/or PCs meeting YTLC's service specifications for the Software and only in accordance with the terms of this EULA.
6. License: Provided You are a YTLC Subscriber and You have obtained a copy of the Software through YTLC-authorised channels or pursuant to Your subscription for YTLC services, You are hereby granted a personal, non-exclusive, non-transferable, non-sublicensable right to use the Software strictly in conjunction with the services offered by YTLC for as long as You are a valid YTLC Subscriber.
7. Use of Your Equipment: The Software may use the processing capabilities, memory and bandwidth of the PC or Device You are using, for the limited purpose of facilitating the communication and establishing the connection between YTLC's Subscribers. If Your use of the Software is dependent upon the use of a processor and bandwidth owned or controlled by a third party, You acknowledge and agree that Your licence to use the Software is subject to You obtaining consent from the relevant third party for such use. You represent and warrant that such consent have been obtained.
8. Updates to the Software: YTLC, in its sole discretion, reserves the right to add additional features or functions, or to modify or provide programming fixes, updates and upgrades, to the Software. YTLC has no obligation to make available to You any modifications, updates, support, maintenance or subsequent versions of the Software. You must agree to a renewed version of this EULA in the event You want to download, install or use any modifications, updates or new versions of the Software. You acknowledge that YTLC may automatically issue any modifications, updates or upgraded versions of the Software and, accordingly, may modify, update or upgrade the version of the Software that You are using or have installed on Your PC or Device. If You are using a "Microsoft Windows" operating system, Microsoft Corporation may automatically download updates to the Software for Windows provided You have chosen to receive Microsoft Updates. You hereby agree that Your Device or PC may automatically request and/or receive such modifications, upgrades or updates.
9. Suspension, technical improvement and maintenance: From time to time, YTLC may need to perform maintenance on or upgrade the Software or YTLC's websites or the underlying infrastructure that enables You to use the Software or YTLC's websites. This may require YTLC to temporarily suspend or limit Your use of some or all of the Software or YTLC's websites until such time as the maintenance and/or upgrade can be completed. To the extent possible and unless an intervention is urgently required, YTLC will publish the time and date of such suspension or limitation on the Software or YTLC's website in advance. You will not be entitled to claim damages for such suspension or limitation of the use of any Software or YTLC's Website.
10. Feedback: Any written reports, comments, suggestions, or feedback relating to the Software or YTLC's Services ("Feedback") submitted to YTLC shall become the property of YTLC. YTLC will have exclusive ownership of all rights to the Feedback. YTLC will be entitled to use the Feedback for any commercial or other purpose whatsoever, without any compensation to You or any other person. YTLC will not be required to treat any Feedback as confidential. You agree that You do not acquire any right in or to the Software or YTLC's Services (or any changes, modifications or corrections thereto) by virtue of any Feedback. You acknowledge that You are responsible for whatever material is submitted by You, including its legality, reliability, appropriateness, originality, and copyright.
11. Storage of Content: Subject to the terms and conditions of this EULA, YTLC will use reasonable efforts to store Your content consisting of text, sounds, audio, pictures, photos, video and/or any type of materials, information or communications ("Content"), if any, in connection with Your use of the service enabled by the Software. You retain full ownership to Your Content and YTLC will not claim any ownership to any of Your Content. You acknowledge and agree that YTLC shall have no responsibility for the loss, deletion, or destruction of any Content, including any stored Content and that YTLC shall have no obligation to preserve, provide access to or return to You any Content. In addition, You further acknowledge and agree that YTLC may delete Your Content for any reason, including technical, business or any other reasons.
12. Quality: YTLC cannot guarantee that the Software or YTLC websites will always function without disruptions, delay or errors. A number of factors may impact the quality of Your communications and use of the Software or YTLC websites, and may result in the failure of Your communications including but not limited to: Your local network, firewall, Your internet service provider, the public internet, the public switched telephone network and Your power supply. YTLC takes no responsibility for any disruption, interruption or delay caused by any failure of or inadequacy in any of these items or any other items over which YTLC has no control.
13. Obligations and Restrictions: You are only permitted to use the Software on a YTLC-compliant or YTLC-authorised Device or PC and not on any other non-PC device or with any other embedded or device version of any operating system not authorized by YTLC. You will not copy (except as permitted), share, decompile, reverse engineer, disassemble, modify, adapt or otherwise create derivative works from any portion of the Software. You will not use the Software for any illegal purpose, including but not limited to spamming, hacking, phishing, spoofing or purposes involving the circumvention of copyright or the commission of any illegal act or activity or fraud. You will not use any type of spider, virus, worm, trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage or disassemble the Software. You will not expose any third party to material which is offensive, harmful to minors, indecent or otherwise objectionable in any way. You will not use the Software to cause or intend to cause embarrassment or distress to, or to threaten, harass or invade the privacy of any third party. You may not rent, lease, sublicense, assign, or transfer Your rights in the Software, or authorize all or any portion of it to be copied onto another user's Device except as may be expressly permitted by this agreement. If YTLC finds that You have carried out any of the foregoing prohibited acts, YTLC reserves the right to suspend Your subscription and use of the Software immediately and without notice.
14. Notice and Take-Down: If YTLC receives any notification that any material that You post, upload, edit, host, share and/or publish through the Software (excluding Your private communications) ("User Submission") is inappropriate, infringes any rights of any third party, or if YTLC wishes to remove Your User Submission for any reason whatsoever, YTLC reserves the right to automatically remove such User Submission immediately or within such other timescales as may be decided from time to time by YTLC in its sole discretion. The User Submission shall be taken down without any admission as to liability and without prejudice to any rights, remedies or defenses, all of which are expressly reserved. You acknowledge and agree that YTLC is under no obligation to put back such User Submission at any time. You agree that You are solely responsible for the consequences resulting from Your complaint (including but not limited to removal or blocking of the User Submission) and You acknowledge and agree that any complaint may be used in court proceedings. Any false, misleading or inaccurate information provided by You may result in civil and criminal liability.
15. Indemnification: You agree to indemnify, defend and hold YTLC and its affiliates harmless from and against any and all liability and costs, including reasonable attorneys' fees incurred by such parties, in the connection with or arising out of Your (a) violation or breach of any term of this agreement or any applicable law or regulation, whether or not referenced herein, or (b) violation of any rights of any third party, or (c) use or whatsoever misuse of the Software.
16. Limitation of Liability: Use of the Software is entirely voluntary and at Your own risk. In no event will YTLC or its affiliates be liable to You for any damages, claims or costs whatsoever including any consequential, indirect, incidental damages, or any lost profits or lost savings whatsoever, monetary or otherwise, (including without limitation any loss of or corruption to data, interruption, computer failure or pecuniary loss) for any defect, malfunction or failure of the Software or as may arise from the use or inability to use the Software. The foregoing limitations and exclusions apply to the extent permitted by applicable law.
17. Amendments: YTLC reserves the right to amend this EULA at any time by publishing the revised EULA on the YTLC's website or by otherwise providing notice of such amendment pursuant to the notice provisions above. The revised EULA shall become effective following the applicable notice period. Your express acceptance or continued use of the Software after the applicable notice period shall constitute Your acceptance to be bound by the terms and conditions of the revised EULA.
18. Governing Law: This agreement will be governed by and construed in accordance with the substantive laws in force in Malaysia as administered in the Federal Territory of Kuala Lumpur and the Courts of Malaysia shall have exclusive jurisdiction over all disputes relating to this EULA.