Terms and Conditions.

Unless specifically indicated otherwise, the following provisions shall govern all use (and users) of the Yes 4G service together with those products and services offered in relation thereto, or under the Yes™ brand. Nothing in the following terms are meant to depart, deviate or diminish the effect of any applicable laws or regulations having the force of law, which shall apply in addition to the obligations imposed herein.


 
 

Terms & Conditions Categories


 

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.

1. Introduction
The YES Public WiFi (hereinafter referred to as “WiFi Service”) is a public WiFi service provided by YTLC Communications Sdn Bhd (“YTLC”) at selected hotspot locations in the state of Penang (“Hotspot Locations”).
2.  Acceptance of the Terms and Conditions
These Terms and Conditions apply when you use the WiFi Service. As such, by your use of  this WiFi Service you agree to be bound by these Terms and Conditions and all other terms and conditions incorporated herein by reference including the Acceptable Use Policy, Fair Usage Policy, Privacy Policy and Terms of Use of Website found at www.yes.my/tnc/products-services-tnc.
3. WiFi Service

3.1 The WiFi Service is provided to you for free for a period of six (6) months only commencing from 1st March 2019 until 31st August 2019. The WiFi Service allows you to free Internet access for a maximum period of thirty (30) minutes per session, one (1) session per Facebook/Twitter ID when you log in to use the WiFi Service. You may log in again through Facebook/Twitter ID to use the WiFi Service however we do not guarantee You access to the WiFi Service.

3.2 You are responsible for providing all hardware and other equipment required to access and use the WiFi Service (“Device”). You are responsible in ensuring the compatibility of your Device with the WiFi Service. The availability and performance of the WiFi Service is subject to all memory, storage and other limitation on your Device.

3.3 You hereby expressly acknowledge and agree that there are significant security, privacy and confidentiality risks inherent in accessing or transmitting information through the internet. Security issues include, without limitation, interception of transmission, loss of data and the introduction of viruses and other programs which may corrupt or damage your Device. You hereby agree that we are not liable for any interception or transmission of computer worms or viruses, loss of data, file corruption, hacking or damage to your Device that results from the transmission or download of information or material through the WiFi Service.

3.4 We reserve the right to immediately and without notice, suspend your access to the WiFi Service if we suspect that you are transmitting a virus (or any other manipulating program capable of modifying other programs and replicating itself).

3.5 The WiFi Service is provided to you on an “as is” basis. The speed and throughput will vary depending on a number of factors, including but not limited to: (a) the capabilities of your Device; (b) the physical location of the wireless access points within  the Hotspot Locations; and (c) user traffic during time of access, general internet congestion, wireless signal interference.

3.6 Each WiFi has a limited range and to gain optimal access, it is recommended that your Device access the WiFi within the Hotspot Locations.

3.7 We will not supply any software to you in connection with the WiFi Service. If you use software packages, applications or configurations then you accept the risk of any failure of the WiFi Service resulting from the use of such software packages, applications or configurations.

3.8 The WiFi Service is provided to you on a best effort basis and we will not be liable for of any faults, malfunctions or problems in relation to the WiFi Service.

4.  Disclaimer

4.1 You assume all responsibility and risk on your use of the WiFi Service including the security of your data. Further, we do not warrant that the WiFi Service will be uninterrupted, always available and functional or error free. Accordingly, we will not be liable to you for any damages, losses, costs or expenses arising from your use of the WiFi Service including without limitation for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, or inability to use or access, the WiFi Service for any reason whatsoever, even if we have been notified or advised of the possibility of such damages.

4.2 We assume no responsibility, and make no warranty or representation in relation to, and shall not be liable in respect of your use of any third party proprietary software.

4.3 We assume no responsibility, and shall not be liable for, any damage to, or viruses that may infect your Device on account of your access to or use of the WiFi Service.

4.4 We are not responsible for the content of any website accessed or used via the WiFi Service.

4.5 Your access to and use of any website or network connection whilst using the WiFi Service is entirely at your own risk.

5. Logging In/Out of the WiFi Service

5.1 To be eligible to use this WiFi Service, you need firstly to be within a Hotspot Location.  Then Log-in through your Facebook or Twitter account.  

5.2 The WiFi Service can only support a limited number of users accessing to it at any one time. We do not promise that you will be able to access and/or use the WiFi Service immediately.

5.3 To log out (quit) using the WiFi, you simply need to turn off the WiFi on your Device.

5.4 You will automatically be logged-out of the WiFi Service if:

   5.4.1 your use of the WiFi Service exceeds thirty (30) minutes per session per calendar day.  For the avoidance of doubt, you may only log in for one (1) session in each calendar day;

   5.4.2 your access to the WiFi Service is terminated by us in accordance with these Terms & Conditions;

   5.4.3 the wireless connection you are accessing is lost, disconnected or becomes out of range;

   5.4.4 if you leave a Hotspot Location; or

   5.4.5 no activity is detected from your wireless enabled device for a continuous period of fifteen (15) minutes whilst logged on to the WiFi Service.

6. Indemnity
You agree to indemnify us from and against any  claims,  loss, damage, liability, charge, expense or cost (including all reasonable legal and other professional costs on a full indemnity basis) of any nature or kind arising from your breach of these Terms & Conditions.
7. Miscellaneous

7.1 If any provision of these Terms and Conditions shall be unlawful, void or for any reason unenforceable, then such provision shall be deemed severed from these Terms and Conditions.

7.2 These Terms and Condition’s is governed and shall be construed in accordance with the laws of Malaysia and users agree to submit to the exclusive jurisdiction of the courts in Malaysia.

7.3 Any changes or modifications to these Terms and Conditions will be posted on our website and become effective upon posting of such changes/modifications. You are responsible for regularly reviewing the Terms and Conditions to obtain timely notice of such changes or modifications.

7.4 You hereby acknowledge and agree that we may communicate with you to obtain your feed-back or comments on the WiFi Service for the purpose of enhancement or improvement of the WiFi Service.

7.5 If you have any questions relating to the WiFi Service, please e-mail to us at yescare@yes.my

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.
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.
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.
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.
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.
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.
Effective Date of these Online Terms Of Use: As at 13 September 2018
This End-User License Agreement (“EULA”) is a legal agreement between You as the licensee in this EULA and YTL Communications Sdn Bhd (“YTLC”) regarding the use of mobile applications and/or software made available to You by YTLC (collectively, “Yes Mobile Apps”). This EULA shall be effective from the date when You indicate Your agreement to be bound to these terms and conditions in the manner specified in Clause 2 below. The Yes Mobile Apps are provided by YTLC solely for Your personal use.

IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS EULA, PLEASE DO NOT CLICK THE “I ACCEPT/AGREE” BUTTON OR DOWNLOAD, INSTALL OR USE ANY OF THE YES MOBILE APPS.
 
1. Definitions: For the purpose of this EULA, the following words shall have the meanings as indicated:
a. “Permitted Device” means any Yes Device with the Yes Mobile App(s) preloaded, or any compliant mobile device, handheld phone, PDA, laptop, netbook or other substantially similar Internet appliance or Internet-connectable device on which You can download the Yes Mobile Apps (either for free or for a fee) from Google Play Store, Apple App Store or any other authorized distribution channel as may be specified by YTLC from time to time;
b. “use” (in conjunction with the Yes Mobile Apps) means to access, install, download, copy, or otherwise benefit from using the functionality of the Yes Mobile Apps;
c. “Yes Device” means any device that is sold by YTLC to Yes Subscribers for use on YTLC’s network and/or bundled together with a Yes Service plan;
d. “Yes Service(s)” means subscription-based converged voice and data services provided by YTLC on its telecommunications network;
e. “Yes Subscriber” means a person over the age of 18 years who has validly contracted for Yes Services via an online/written subscription agreement (or its equivalent), is current in all fees, subscription dues whatsoever payable to YTLC;
f. “You” or “Your” means a subscriber of the Yes Services provided by YTLC.
 
2. Electronic acceptance: By You installing, copying, downloading or otherwise using the Yes Mobile Apps; or if acquiring the Yes Mobile Apps 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 Yes Mobile Apps in any way whatsoever if You disagree with the EULA or any one of its provisions. Additional terms or product requirements (including age requirements) may apply to the various Yes Service(s). Please read and abide by this EULA and such additional terms to use/access of the Yes Service(s).
 
3. Consent to processing of personal data: By clicking or checking the “I Accept/Agree” button, You also expressly agree and consent to the collection, recording, holding, storing and processing by YTLC (and its affiliates) of Your personal data for purposes of and in connection with Your use of the Yes Mobile Apps, including, without limitation, to validate Your identity, establish Your usage patterns, for billing purposes, content delivery or any other such purposes as may be deemed necessary by YTLC. By clicking or checking the “I Accept/Agree” button, You acknowledge and confirm that You have read and agree to the terms in the Personal Data Protection Notice available at http://www.ytl.com/privacypolicy.asp. In addition, please note that the Yes Mobile Apps may also access and use Your personally identifiable location information (“Your Location Information”). By using Yes Mobile Apps, You further agree that YTLC (and its affiliates) may collect and use Your Location Information in order to provide the Yes Services to You, a better personalized user experience and also to selectively send you communications regarding YTLC and/or its business partners’ products, services, upcoming events, promotions, advertising, marketing and commercial materials which may be of interest to You, either electronically or otherwise. YTLC does not retain Your Location Information longer than is reasonably necessary for such use. YTLC may also aggregate and use location information, after removing or obscuring any of Your personally identifiable information, for other purposes, including, without limitation, to report usage, to maintain and improve the Yes Mobile Apps, or any other permitted purposes. This notice will serve as Your sole notice that Yes Mobile Apps may collect Your Location Information, and You may not receive any reminders or further notice.
 
4. Warranty Disclaimer : The Yes Mobile Apps, its component software(s) 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 experience by using the Yes Mobile Apps. 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 Yes Mobile Apps are designed strictly to be used by Yes Subscribers on Permitted Devices to connect to YTLC’s network only. Use of the Yes Mobile Apps in these circumstances enables the synchronization of data across various Permitted Devices, specified platforms and third party software. Provided You are a valid Yes Subscriber, You are hereby permitted to use the Yes Mobile Apps on Your Permitted Device(s) and only in accordance with the terms of this EULA.
 
6. License: Provided You are a Yes Subscriber and You have obtained a copy of the Yes Mobile Apps through YTLC-authorised channels or pursuant to Your subscription for Yes Services, You are hereby granted a personal, non-exclusive, non-transferable, non-sublicensable right to use the Yes Mobile Apps strictly in conjunction with the services offered by YTLC for as long as You are a valid Yes Subscriber.
 
7. Use of Your Equipment: The Yes Mobile Apps 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 Yes Subscribers. If Your use of the Yes Mobile Apps 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 Yes Mobile Apps 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 Yes Mobile Apps: 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 Yes Mobile Apps. YTLC has no obligation to make available to You any modifications, updates, support, maintenance or subsequent versions of the Yes Mobile Apps. 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 Yes Mobile Apps. You acknowledge that YTLC may automatically issue any modifications, updates or upgraded versions of the Yes Mobile Apps and, accordingly, may modify, update or upgrade the version of the Yes Mobile App that You are using or have installed on Your PC or device. The operating system (“OS”) installed in Your PC or device may be modified, upgraded or updated from time to time by the relevant OS vendor. If You have chosen to receive such OS modifications, upgrades or updates, Your PC or device may automatically request and/or receive such modifications, upgrades or updates. YTLC does not promise that it will always update the Yes Mobile Apps so that they are compatible to You and/or work with the operating system version that you have installed on Your PC or device.
 
9. Suspension, technical improvement and maintenance: From time to time, YTLC may need to perform maintenance on or upgrade the Yes Mobile Apps or YTLC’s websites or the underlying infrastructure that enables You to use the Yes Mobile Apps or YTLC’s websites. This may require YTLC to temporarily suspend or limit Your use of some or all of the Yes Mobile Apps 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 Yes Mobile Apps or YTLC’s website in advance. You will not be entitled to claim damages for such suspension or limitation of the use of any Yes Mobile Apps or YTLC’s Website.
 
10. Feedback : Any written reports, comments, suggestions, or feedback relating to the Yes Mobile Apps or Yes 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 Yes Mobile Apps or Yes 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 Yes Mobile Apps. 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 Yes Mobile Apps or YTLC’s websites will always function without disruptions, delay or errors. A number of factors may impact the quality of Your communications and use of the Yes Mobile Apps or YTLC’s 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 Yes Mobile Apps on a Permitted Device. You will not copy (except as permitted), share, decompile, reverse engineer, disassemble, modify, adapt or otherwise create derivative works from any portion of the Yes Mobile Apps. You will not use the Yes Mobile Apps 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 Yes Mobile Apps. 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 Yes Mobile Apps 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 Yes Mobile Apps, or authorize all or any portion of it to be copied onto another user’s device. 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 Yes Mobile Apps 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 Yes Mobile Apps (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 EULA 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 Yes Mobile Apps.
 
16. Limitation of Liability: Use of the Yes Mobile Apps 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 Yes Mobile Apps or as may arise from the use or inability to use the Yes Mobile Apps. 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 Yes Mobile Apps 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 EULA shall 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.

Archive

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.