Last updated: 11 January 2022
By completing and executing the Service Registration Form, 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 COMMUNICATIONS SDN BHD (Co. No: 793634-V) for the Service and accompanying Service Plan which You have selected in the Service Registration Form.
- Provision of the Service
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 Service Registration Form (details of Service Plans are available at www.yes.my). You must be 18 years of age or above to subscribe to the Services.
b. Acceptable Use Policy
You will at all times use the Service in accordance with Our Acceptable Use Policy (available at www.yes.my/tnc) and You will ensure that any person You allow to use the Service complies with Our Acceptable Use Policy.
d. Data Security
We have no obligation to ensure, and make no representation or warranty concerning, the security of Your data transmitted through the use of the Service.
e. Scope of Service
The scope of Service provided to You may include services provided via SIM Card and/or the unique Yes User ID subject to the Service Plan selected by You at the time of Your registration. Services provided via SIM Card are for voice, SMS and data whereas services provided via the unique Yes User ID is solely for data.
f. Network Coverage Information
for network coverage information, please log on to www.yes.my/support/coverage or contact our Yes Care Center at 018-333 0000. The service coverage map provided at the website is only an indicator of the availability of the Service. The actual Service availability in the various locations within a coverage area may differ due to various factors including but is not limited to the nature of radio-waves which may result in blind spots, low signal levels due to factors such as surrounding terrains, obstacle from high-rise buildings, distance from the base station and the placement of the Device or Subscriber Equipment inside a building.
g. Additional Terms and Conditions
If the Service is provided to You as part of a promotion or bundled plan, the terms and conditions (“Promo T&Cs”) under the relevant promotion and/or bundled plan shall apply to You in addition to this Postpaid Service Terms and Conditions. These Postpaid Service Terms and Conditions shall prevail in the event of any inconsistencies with the Promo T&Cs.
The Service is provided on an “as is” and “as available” basis. Service speeds, if stated, are optimum speeds which reflect the capability of Our networks in an ideal situation only. The actual speed attainable for data service may vary depending on many factors including but is not limited to technical and environment. Further to the above, Your data service speed is subject to Clause 2 (e) herein.
We shall not be liable for and make no express or implied representations or warranties of any kind in relation to the Service including but not limited to:
i) availability, accessibility, timeliness or uninterrupted use of the Service;
ii) sequence, accuracy, completeness, timeliness or the security of any data or information transmitted using the Service or provided to You as part of the Service; and
iii) the data speed or congestion of the data service for any reason whatsoever.
i. IP Address
Unless otherwise expressly stated in Your Service Plan, provision of Internet access under the Service shall be based on private IP address. Nothing herein obligates Us to provide a specific public IP address (static or dynamic) under the Service. Any provision of public IP address shall be considered on a case to case basis upon application by the relevant Yes Subscriber and if it is approved by Us will be subject to additional charges.
j. SIM Card
1.The SIM Card, if provided under Your Service Plan, will include a Mobile Number which may be selected by You. Ownership to both the SIM Card and Mobile Number shall remain with us and shall not at any time pass, be transferred or assignable to You. Upon registration of the Service, You are granted the right to use the SIM Card and the Mobile Number to access the Service for personal use only.
2.The SIM Card has to be inserted into a compatible Subscriber Equipment or Device in order to access the Service.
3.The services and/or features to be provided under the SIM Card will depend on the type of the Yes Subscriber’s Equipment or Device used.
4. You must not use the SIM Card and/or the Mobile Number to make bulk voice calls and/or send bulk SMS for commercial purposes or for generating profit or otherwise used for operations as a service provider to others. Contravention of this prohibition shall entitle Us to terminate the Service to You and cancel or withdraw the Mobile Number.
5. You must not change or transfer the SIM Card to any other person without obtaining Our prior written approval.
6.You shall bear full responsibility for the usage of the SIM Card and charges incurred from any usage through the SIM Card including the use by any other person whether authorized by You or not.
7.You shall use all precautions to prevent the loss, theft, cloning and/or unauthorized use of the SIM Card. In the event of loss, theft, cloning and/or unauthorized use of the SIM Card, You shall immediately notify Us. Replacement of a SIM Card is subject to such payment(s) as may be prescribed by Us.
8.If Your SIM Card is defective within 7 days from the date of registration and such defect is proven to Our satisfaction to have arisen from the manufacturer’s fault, We will replace the defective SIM Card at no cost to You.
9.We may reallocate, withdraw or change the Mobile Number as required by applicable laws or instructions from the relevant authorities.
k. Postpaid Roaming Service
Postpaid Roaming Service is a value added service provided automatically together with Your Service Plan upon activation of Your SIM Card. Postpaid Roaming Service shall be charged in accordance with Our Postpaid Roaming Service rates as set out in www.yes.my/roaming . All Postpaid Roaming Service charges shall not be taken into account under the Credit Limit referred to in Clause 2 (d) herein. You are required to monitor and limit Your own usage of the Postpaid Roaming Service and You are responsible for the charges of all Postpaid Roaming Service usage provided through Your SIM Card including any usage of any person whether authorized by You or not.
- Service Plan
a. Service Activation
The Service shall be deemed to commence upon activation, which shall be notified to You in accordance with these terms.
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 amounts due to Us from You. We reserve the right, and You hereby authorize Us, to deduct from the deposit any amounts due and payable to Us at any time and We may request You to make further 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 fees as stipulated in clause 11(b) herein shall be imposed against You if You terminate the Service before the expiry of the Contract Period, if any.
d. Credit Limit
The making of voice calls and/or SMSes shall be subject to such credit limit as may be determined by Us at our discretion (“Credit Limit”). When You reach Your Credit Limit, You will be barred from making voice calls and sending SMSes via Your account. You will be solely responsible to monitor Your Credit Limit and We will not be held responsible in any way if You are barred from using the Service or part thereof for exceeding the Credit Limit. This Credit Limit shall not apply to charges incurred under the Roaming Service.
e. Monthly Voice minutes, SMS and Data Capacity Allocation
A fixed monthly allocation of voice minutes, SMS, and data (“Packaged Services”) applicable to Your Service Plan will be provided to You based on Your Billing Cycle. In respect of the Data Capacity Allocation, separate and distinct data allowance may be allocated for use under the WiMAX data services and/or LTE data services in accordance with Your Service Plan. The allocated WiMAX data services may not be transferred to LTE data services and vice versa.
In the event You exhaust the data allocated to You under the Packaged Services before the end of a particular Billing Cycle, Your data speed will be reduced for the remaining period of the said Billing Cycle. In such instance, in order for You to experience optimum data speed, You may purchase the WiMAX Data Add-ons and/or LTE Data Add-ons, whichever is applicable to You.
If Your usage of voice calls and SMS exceeds the allocation provided in the Packaged Services, You will be charged in accordance with Our standard published rates for the respective voice calls or SMS tariffs for the usage exceeding the relevant allocation in the Packaged Services.
Any Packaged Services provided to You shall be subject to the terms and conditions of Your Service Plan. All Packaged Services are provided for domestic usage only. For the avoidance of doubt, any IDD calls, sending SMS Internationally and Roaming Service provided for voice, SMS and data made through Your Service shall be charged in accordance with Our standard published rates for Roaming Service charges for voice, SMS and data at www.yes.my/roaming
Provided Your account has not been suspended or terminated, the relevant Add-ons may be purchased at any time to restore optimum bandwidth for Your data services which have been throttled.
g. No Carrying Forward
Any remaining unused Data Capacity Allocation and/or allocated free voice minutes and SMS or purchased Add-ons in a given Billing Cycle will be forfeited and will not be carried forward to the next Billing Cycle.
h. Switching Service Plan
(i) You may switch from Your existing Service Plan to another Service Plan (other than an Excluded Service Plan) provided that You are not bound by any Contract Period and You have settled all Your outstanding bills with us. For clarity, You may only switch:
a) from a Prepaid Service to any Postpaid Service Plan, subject to Clause 2(h)(iii) below; or
b) from a Postpaid Service Plan to another Postpaid Service Plan, subject to Clause 2(h)(iv) below.
You may be subjected to certain charges when You switch Your existing Postpaid Service Plan or Prepaid Service respectively to a new Postpaid Service Plan. The applicable charges depends on the type of rate offerings of the new Postpaid Service Plan subscribed by You. Please refer to www.yes.my for further details on the applicable charges.
For the purposes of this Clause 2(h), “Excluded Service Plans” means:
a) YES 4G Broadband Bundle Plans;
b) Fixed Wireless Internet Service; and
c) Kasi Up Family Plan.
(ii) You may switch Your existing Service Plan to another Service Plan (other than an Excluded Service Plan) via the following channels:
b) at Our YES Stores; or
c) send Us an email at firstname.lastname@example.org.
(iii) Switch From a Prepaid Service to a Postpaid Service Plan
A. If You choose to switch from Your existing Prepaid Service to any of the Postpaid Service Plans (other than an Excluded Service Plan), all unused voice calls, internet data and any other service offerings provided to You under Your existing Prepaid Service will be forfeited, save and except for any remaining YES Credit which will be transferred from Your Prepaid account to Your new Postpaid account and will be utilised towards payment of the Commitment Fee in the calendar month succeeding the calendar month when Your SIM Card is activated. The details on utilisation of the remaining YES Credit towards payment of the Commitment Fee as mentioned hereinbefore will be reflected accordingly in the Bill succeeding the calendar month when the SIM Card is activated.
B. If FREE monthly data allocation is provided under a certain programme/campaign subscribed by You during the programme/campaign period under Your existing Prepaid Service, You will only be allowed to switch to a Postpaid Service Plan upon expiry of the relevant programme/campaign period.
iv. Switching From a Postpaid Service Plan to another Postpaid Service Plan
A. The provisions in Clause 3.4 of the Postpaid Service Plans Terms and Conditions https://www.yes.my/tnc/products-services-tnc shall apply.
B. If You choose to switch from Your existing Postpaid Service Plan to any of the Postpaid Service Plan (other than an Excluded Service Plan), any unused voice calls, internet data allocation and any other services offerings provided to You under Your existing Postpaid Service Plan will be forfeited.
C. Upon successful switch to the new Postpaid Service Plan, the Commitment Fee, which has been paid in a calendar month preceding the activation of the SIM Card under the new Postpaid Service Plan, will be pro-rated accordingly and be deducted against the Commitment Fee reflected in the Bill issued in the calendar month succeeding the month when the Postpaid Service Plan subscribed through a switch of service plan mentioned hereinbefore is successfully activated.
D. The credit limit enjoyed by You under a particular Postpaid Service Plan may differ once You successfully switch your existing Postpaid Service Plan to a new Postpaid Service Plan. Please:- (i) Download and login to MyYes app;
(i) Click on the “profile” tab; and
(ii) Click on “account” tab
for further information on enjoyment of such credit limit.
v. SIM Card. The SIM Card under your existing Postpaid Service Plan or Prepaid Service Plan may not be compatible with the new Postpaid Service Plan subscribed through a switch of Service Plan. In the instance where a new SIM Card is required as a result of such switch of Service Plan, We will deliver to You at Your delivery address registered with Us a new SIM Card once You have successfully switched to the new Postpaid Service Plan. You are required to activate the new SIM Card before enjoying the service offerings under the new Postpaid Service Plan You have switched to.
vi. Auto Billing
If You have opted for payment of any of the existing Postpaid Service Plan by way of Auto Billing, the option for Auto Billing will automatically lapse once You successfully switch to a new Postpaid Service Plan. Therefore, if You want to continue to enjoy Bill payment by way of Auto Billing, please opt for the Auto Billing option under the MyYes app by following the relevant steps stated therein
i. Service Plan Upgrade
You may request to change Your existing Service Plan to a higher Service Plan. All related charges and the higher Commitment Fee shall be borne by You. You may apply to change Your existing Service Plan to a lower Service Plan provided that you have fulfilled the Contract Period.
- Fair Usage Policy
In ensuring that Our networks are not adversely affected through excessive or heavy usage and/or abuse by a small number of users at the expense of the many, We have adopted a Fair Usage Policy (available at www.yes.my/tnc). You agree to be subject to the said Fair Usage Policy and any action taken pursuant thereto.
- Mobile Number Portability
If and when porting is available on Our networks the following terms shall apply:
a. Any mobile number requested for porting (“Porting Number”) by You must be:
i. in the range of mobile numbers as approved by MCMC from time to time; and
ii. an active mobile number and not suspended, terminated or blacklisted and/or barred by any other service provider.
b. You are responsible and liable to settle all outstanding bills with the originating service provider of the Porting Number.
c. Upon successful porting of the Porting Number, Your services associated with the originating service provider of the Porting Number will be terminated.
d. Service provided to You for any Porting Number into Our networks shall be subject to Our terms and conditions for new registration.
e. A porting out of Your Mobile Number from Us is deemed to be termination of Your account by You and You will be subject to the termination consequences as may be provided in Your Service contract.
f. You will be subject to a non-refundable porting fee for the porting service provided to You.
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);
v. the monthly charges for Your voice and SMS usage in accordance with Our standard rates;
vi. all charges for IDD calls, outgoing SMS and Roaming Service incurred under Your account in accordance with Our standard rates;
vii. any relevant taxes and duties payable on the Service including without limitation service tax or goods and services tax;
viii. stamp duty payable for this Agreement; and
ix. 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 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. It is Your responsibility to inform Us and update Us of any change to Your email address.
a. Unless otherwise stated in Your Service Plan, 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 correct and final. To avoid Service interruption, 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 and storage capacity. 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
(a) Cash payment (at Yes Stores/Kiosks or any authorized payment outlets as may be approved by Us);
(b) Cheque; or
(c) Online transfer.e. 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.
f. 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 Service registration. 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.
- Yes User ID
a. Your username and password (if applicable to Your Service plan) identifies You within Our networks 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 charged to You and You will be held liable for all charges incurred. 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 MyYes App. Pending the effective updating of Our databases You may continue to use the Service using Your previous password.
- Your Responsibilities
You must, throughout the duration of this 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 Commitment 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 call, SMS or 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, unauthorized 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.
- Service Barring, Suspension and Restoration
a. Service Barring and Suspension: We may 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
v. We suspect any misuse, fraudulent or illegal practices of the Service; or
vi. You contravene Our Acceptable Use Policy.
During the barring period You will not be able to make any calls, send SMS, or access the Internet but may receive calls and SMS, and make emergency calls only. During the suspension period, You will, in addition to the foregoing prohibition, not be able to receive calls or SMS.
b. Service Restoration: Restoring the Service to Your barred account requires You to have first remedied to our satisfaction the ground entitling Us to bar, 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.
a. Subject to Clause 11 herein, You may terminate Your account at any time by written notice to Us. The notice must be made in our prescribed format and supported by all required relevant documents for verification.
b. We may terminate Your account if either:
i. do not adhere to Our Acceptable Use Policy;
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;
vi. are subject to blacklisting by any other service provider with whom We have bilateral and/or contractual obligations;
(2) We are instructed or directed by any federal or statutory agency or regulatory body to do so;
(3) it is in the public interest; or
(4) due to the existence of a declared public emergency.
c. A notice of termination will be electronically transmitted to such mobile number or email address furnished by You in the Service Registration Form or as updated by You from time to time.
d. 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).
e. Upon termination, Your Service account will be closed on the date specified in the termination notice and You will no longer be able to use the Service.
- Effect of termination
a. Upon the termination of Your account/Agreement by either party You will be liable to Us for:
i. the prorated Commitment Fee up to the date of termination for the Billing Cycle in which the termination occurred;
ii. any voice calls, SMS 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 this Agreement OR if this Agreement is terminated due to Your fault, 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 (hereinafter referred to as “Early Termination Charges”).
c. All of the above amounts stipulated in 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 Device bundled with Your Service Plan, are wholly non-refundable where termination is due to Your default.
e. All unused Data Capacity Allocations and allocated free voice minutes and SMS (if any) are non-refundable in ALL circumstances of termination unless otherwise expressly provided.
f. The Mobile Number provided for the Service will revert to Us upon termination of Your account subject to Clause 4 above.
- Rights of Redress
If You are dissatisfied with the Service You may either refer the matter to Usvia email at email@example.com or visit Our website at www.yes.my or call Us at 018-3330000 (local call charges apply) Yes Care operating hours: 8am-11pm daily (inclusive of weekends and Public Holidays).
- Data Protection
- 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 unauthorized 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 authorized 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.
- 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 without notice to You.
b. Your continued use of the Service 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.
- 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.
- Intellectual Property Rights
Subject to the terms of this Agreement, We hereby grant You a limited, personal, non-commercial, non-exclusive, non-sub-licensable, non-assignable, free of charge license to download and use the Service on Your Subscriber Equipment/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 may be accessed through the use of theService, is the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties.
You shall indemnify and keep Us indemnified from and against any losses, damages, claims, liabilities or expenses arising from any claims for libel, invasion of privacy, infringement of IPRs including without limitation licenses, copyrights, trademarks and patents, breach of confidentiality and privilege or breach of any law or regulation arising from the material transmitted, received or stored via the Service or part thereof and from all other claims arising out of Your act or omission or any unauthorized use or exploitation of the Service or part thereof.
- Subscriber Equipment
a. You shall maintain and operate suitable and fully compatible terminal equipment and communication device including mobile phone (collectively referred to as “Subscriber Equipment”) required to access the Service. WE MAKE NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING THE USE OF SUCH SUBSCRIBER EQUIPMENT. It is Your responsibility to ensure that Your Subscriber Equipment intended for use with the Service is compatible with Our networks. We shall not be liable to You in anyway whatsoever if your Subscriber Equipment is not compatible for use with Our networks.
b. Any 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/legal. Please read our warranty terms and conditions made available to You at the web address or request for a copy of the warranty terms and conditions from Our sale personnel or reseller.
a. Incorporation by Reference
All External T&C referred to herein are deemed incorporated into and form part of this Agreement. This Agreement contains the final and entire agreement between the parties and supersedes all previous and contemporaneous oral or written agreements and representations made.
b. Governing Law
This Agreement is governed by the laws of Malaysia.
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 authorized 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 either:
i. signing the Service Registration Form;
ii. registering the Service with Us or Our authorized dealer/distributor;
iii. attaching Your electronic signature at the designated place;
iv. marking the check box that indicates Your agreement to these terms and conditions; or
v. using the Service.
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 Service 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.
- Definitions & Interpretations
Unless the context otherwise requires, these words mean as follows:(a) “Add-ons” means the data add-ons as may be made available by Us for top up of data which You may purchase from Us separately and distinct from this Agreement for use with Your Service.
(b) “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.
(c) “Bill” means Your statement of account issued by Us containing Your total usage, Fees, credits and any other charges.
(d) “Billing Cycle” means the monthly cycle between billings as generated from Our billing system.
(e) “Commitment Fee” means the monthly fixed sum to be paid by You in connection with Your Service Plan.
(f) “Contract Period” means a fixed term duration as set out in Your Service Plan.
(g) “Credit Limit” has the meaning given to it in Clause 2 (d).
(h) “Device” means any electronic or communications device including Our Yes device and third party device provided by Us in connection with Your Service Plan or purchased by You from Us to access to the Service.
(i) “Data Capacity Allocation” means the respective fixed monthly data usage allowance provided to You separately under Our WiMAX network and LTE network in accordance with Your Billing Cycle and Your Service.
(j) (j)“External T&C” means those current and future documents referred to in Clauses 1(a) (b) (c) (f) (l), 3, 13, and 18(b) herein.
(k) “Early Termination Charges” shall have the meaning assigned to it in Clause 11 (b).
(l) “Fees” means all relevant monthly charges including but not limited to the Commitment Fee to be paid by You for the Service.
(m) “IPR” means intellectual property rights.“IPR” means intellectual property rights.
(n) “MCMC” means the Malaysian Communications and Multimedia Commission, the regulator for communications and multimedia service providers.
(o) “Mobile Number” means a unique Mobile Station International Subscriber Directory Number (MSISDN) provided to you under your Service Plan.
(p) “Prepaid” means Our prepaid Service Plan.
(q) “Porting” means the transfer of a customer’s mobile number from one service provider to another.
(r) “Postpaid” means Our postpaid Service Plan.
(s) “Postpaid Roaming Service” means the services which enable Yes Subscriber to automatically access third party networks of other countries with whom we have arrangement for roaming facilities to make and receive voice, send and receive SMS and/or data services subject to the terms and conditions herein.
(t) “Service 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.
(u) “Service” means the Postpaid services provided by Us to You over Our networks which may include voice calls, SMS, Internet access and any value-added services in accordance with Your Service Plan limited to areas which are covered by Our network service.
(v) “Service Plan” means a set of services which may or may not include a Device that is offered as a package to the Yes Subscriber upon certain specific terms in relation to the provision of Service and “Service Plans” shall mean two or more types of Service Plan.
(w) “SIM Card” means either a card or plug-in module with a microchip which contains a unique Mobile Number and all necessary information of the Yes Subscriber.
(x) “SMS” means short messaging service.
(y) “Us”, “We” or “Our” means YTL Communications Sdn. Bhd.
(z) “Yes Subscriber” means an individual, company or other legal entity who has registered to subscribe for a Service Plan.
(aa) “Subscriber Equipment” means any communications devices including mobile phones and computers which are used by the Yes Subscriber to access the Service other than the Devices provided by Us.
(bb) “Yes” means Our proprietary trademark and trade name.
(cc) “Yes User ID” means the unique username and password of the Yes Subscriber which identifies the Yes Subscriber in Our WiMAX network.
(dd) “You”,”Your” means the named Yes Subscriber in the Service Registration Form.
(ee) “Yes Stores/Kiosks” means Our retail outlets whose addresses are listed at www.yes.my
(ff) “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.