1.1 You shall:

(a) be responsible for ensuring the compatibility of the your Devices (as defined in clause 3 below) with Celcom’s network (“Celcom Network”). In the event of changes and upgrading are introduced to Celcom Network, you shall be responsible for ensuring the continued compatibility of your Devices with Celcom Network and you shall have no claim whatsoever against Celcom arising therefrom;

(b) must configure and run your Devices at all times in compliance with the Device specifications, including power outlet, power consumption and clearance requirements as specified by the manufacturer;

(c) use the Services only for the purpose for which it is subscribed;

(d) be responsible for all usage of, and charges for, the Services;

(e) comply with all notices or instruction given by Celcom from time to time in relation to the use of the Services;

(f) be responsible for obtaining, at your own cost, all licenses, permits, consents, approvals and intellectual property or other rights as may be required for using the Services;

(g) comply with the rules of any network to which you have access through the Services;

(h) purchase the Device at the your own cost to enable connectivity of the Services;

(i) pay and settle all the Service charges and any other related charges due to Celcom pursuant to these T&C in timely manner;

(j) provide true, accurate and complete information as requested in the Application Form as and when requested by Celcom, from time to time (if applicable);

(k) comply with and adhere to these T&C;

(l) comply with and not contravene with any and all applicable laws of Malaysia relating to the Services, including without limitation Communication and Multimedia Act 1998 and its subsidiary legislation, other acts, statutes, by-laws, rules and regulations issued by relevant government and regulatory agencies, which may be amended from time to time; and

1.2 You shall not use the Services:

(a) for the sharing the Services with any third party or unauthorized persons without the prior written consent of Celcom;

(b) for the purpose of sending any unsolicited , unwanted or bulk electronic mail messages of any kind to anyone or otherwise cause excessive or disproportionate load on the Services or the Celcom Network;

(c) for to purpose of gaining unauthorised access to any related system , computer or network connected to the Internet or any information regarded as private by any third party;

(d) for any unlawful purposes such as, but not limited to vice, gambling or other criminal purposes whatsoever or for sending to or receiving from any person or displaying any message or posting which is offensive on moral, religious, communal or political grounds, or is abusive or of an indecent, obscene or menacing character;

(e) for any purpose which is against public interest, public order or national harmony;

(f) to send or receive any message which is offensive on moral, religious, racial or political grounds or of any anxiety to any person;

(g) to publish defamatory, infringing, obscene or other unlawful material;

(h) in connection with the infringement of the copyright, patent, trademark, trade secret or other proprietary rights of any third party or rights of publicity or privacy;

(i) interfere with, damage, disrupt or unlawfully use or gain access to any service, equipment or computer network without authorisation by the owner of the said service, equipment or computer network;

(j) in violation of any laws relating to unfair competition, anti-discrimination or false advertising;

(k) that result in distribution of viruses, trojan horses, worms, time bombs, cancelbots, or other similar harmful or deleterious programming routines;

(l) in any manner, which in the opinion of Celcom may adversely affect the use of the Services by other third party or efficiency or security of their computer network as a whole;

(m) to resell or sublet or transfer the Services and/or the Devices or otherwise provide the Services and/or Devices to any third party or unauthorized persons without the prior consent of Celcom. It is your responsibility to inform Celcom such intention to transfer or sell the Services and/or devices to a third party prior to the transfer or sale of the same;and
(o) to cause embarrassment, distress, annoyance, irritation or nuisance to any person.

1.3 You shall take all precautions necessary to protect Celcom’s equipment, network, property but not limited system and data.

1.4 Celcom shall not be held liable or responsible for any prohibited and/or unauthorised use of the Services.

1.5 You hereby acknowledged and agreed that Celcom shall not be liable for the security of your data on any of your Devices use for this Services or Celcom Network and that Celcom shall have no obligation to ensure, and makes no representations or warranties concerning the security of such data. You shall be solely responsible for the data retrieved, stored or transmitted through the Services or the Celcom Network.

1.6 You hereby agreed that Celcom and its related corporations shall not liable for any unauthorised access to your data even where the access occurs as a result of a fault in the Celcom Network or any other equipment or software owned, operated or supplied by Celcom.

2.1 You are responsible for ensuring that security information remains confidential so that the Services cannot be used by any unauthorized persons or any third party for that matter. The security information includes, but is not limited to, information controlling access to:

(a) any of Celcom’s network, equipment, computer hardware, systems or Services;

(b) any computer software or applications; or

(c) any other services accessed by you in the use of either of the above.

2.2 You are responsible for the use of the Services under your account and any breach of the Policy whether an unacceptable use occurs or is attempted, with or without your knowledge or consent,

2.3 You shall not disclose any security information to any third party, or use the same for any purpose connected with the improper use of the Services including accessing or attempting to access other parts of the Services for which the customer do not have access rights.

2.4 You are responsible for taking all reasonable steps necessary to prevent a third party obtaining his/her security information to access the Services.

3.1 Upon Celcom’s acceptance of your application for the Services, you will be issued with a Celcom Universal Subscriber Identity Module (USIM) card(s) or similar identity device (“USIM Card”) to enable access to the Services and this USIM Card must be used along with a mobile device including but not limited to personal computers, laptops, personal digital assistant (PDA) or any other related hardware for the use of the Services (“Devices”) which is owned by you, subscribed or purchased under any promotion or products bundled offered by Celcom.

3.2 The USIM Card remains, at all times, the exclusive property of Celcom and you shall not transfer the USIM Card without Celcom’s prior written consent. Celcom is not under any obligation to compensate you for your lost, stolen, damaged, faulty or cloned USIM Card. If Celcom chooses to replace your USIM Card, you may be charged for such replacement in the amount as may be determined by Celcom at any time. Celcom will replace a defective USIM Card at no cost if the defect is proven to our satisfaction to have been caused by the manufacturer or supplier and provided that you return the defective USIM Card to Celcom within 14 days from the date the Services are activated.

In the event of loss, theft, unauthorized use and/or cloning of the USIM Card you shall immediately notify Celcom. You shall remain liable for all charges and costs incurred in relation to the USIM Card including all costs associated with its unauthorized use.

5.1 You shall ensure that the Devices used for the Services shall at all time compatible with Celcom Network. Celcom will not be responsible should Celcom Network fail to work on any of your Devices and/or any of your additional or customized Devices.

5.2 The Services are provided on an "AS IS" basis and you expressly acknowledge that the Services are suitable for its purpose. You hereby agree and acknowledge that no condition, warranty or representation of any kind has been given or made by Celcom or the employees, officers, personnel, representatives, customers or agent (collectively "Personnel") of Celcom and its related corporations with respect to or in respect of the Services and all other conditions, warranties, guarantees or representation, express or implied, statutory or otherwise:

(i) as to the state, quality, description or otherwise of the Services; or

(ii) as to its fitness for any purpose, merchantability, non-infringement; or

(iii) which arises from a course of dealing, usage, law or trade practice; or

(iv) as to performance of any equipment or materials supplied in connection with the provision of the Services are hereby expressly excluded to the fullest extent permitted by law.

5.3 You further agree and acknowledge that you have not relied on any representation made by Celcom, its Personnel or upon any descriptions or illustrations or specifications contained in any document including any catalogue or publicity material supplied by Celcom or its Personnel.

5.4 The cessation of your obligation to pay the Service charges shall be the sole remedy of your termination any of one of these T&C for any reason whatsoever pursuant to any of the provisions of these T&C and you hereby irrevocably waives any and all rights and remedies available to it at law or in equity.

5.5 Notwithstanding anything to the contrary herein contained, in no event shall Celcom, its related corporation and its Personnel or suppliers be liable to you in contract, tort (including negligence whatsoever) or otherwise in respect of any claim brought by a third party or by you whatsoever for any loss of profit or revenue or loss of business or loss of data or for interrupted or suspended communications or for any direct, indirect, special, incidental, consequential damages, or for any injury caused or suffered by a person or damage to property or any damages arising out of or in connection with the Services , whether or not Celcom, its Personnel or suppliers was or should have been aware of the possibility that such damage or loss would occur. The aforesaid limitation and exclusion shall apply to the fullest extent permitted by law. Despite the above, Celcom’s entire liability in contract, tort (including negligence or breach of statutory duty) or otherwise to you (except for death or personal injury caused by our negligence) shall be limited to RM500.

5.6 Celcom and/or its related corporations shall not be liable for, and you agree to indemnify Celcom and/or its related corporations against all claims, losses, liabilities proceedings, demands, costs and expenses (including legal fees) which may result or which Celcom and/or its related corporations may sustain in connection with or arising from the provision of the Services to you.

You hereby agree to indemnify and shall keep indemnified Celcom from any loss, damage, liability or expenses arising from any claims for libel, invasion of privacy, infringement of copyright, patent, breach of confidence or privilege or breach of any law or regulation whatsoever arising from the material transmitted, received or stored via the Services or part thereof and from all other claims arising out of any act or omission by you or any unauthorized use or exploitation of the Services or part thereof.

Celcom may from time to time and at its absolute discretion and without prior notice change, or withdraw any part of the Services without being liable for any loss or inconvenience to you.

Without limiting the generality of any provision in these T&C, Celcom and/or its related corporations shall not be liable for any failure to perform its obligations herein cause by an act of God, insurrection or civil disorder, military operations or terrorism, all emergencies, acts or omission of government or any competent authority, industrial disputes of any kind, fire, lightning, explosion, flood, acts or omission of persons or bodies for whom Celcom and/or its related corporations has no control over or any cause outside Celcom and/or its related corporations reasonable control. The Services may occasionally be affected by interference caused by objects beyond our control such as buildings, underpasses and weather conditions. When this happens, Celcom will not be responsible for any inability to use or access the Services, interruption or disruption of the Services.

Celcom reserves the right at its absolute discretion, from time to time, to vary, add to or otherwise amend these T&C or any part thereof including without limitation the Services. You will be given notice of such amendments. Your continued use of the Services after the effective date of any variation, addition or amendments to these T&C shall constitute unconditional acceptance of such variations, additions or amendments by and you will be bound by the same. If you do not accept such variation, addition or amendment, you shall be entitled to terminate the use of the Services.

These T&C shall be governed by and construed in accordance with the laws of Malaysia, excluding its conflict of law rules. The parties agree to submit to the exclusive jurisdiction of the Malaysian courts.

11.1 All notices, request and/or other communications to be given by Celcom to you under theseT&C will be published in the Celcom’s website at www.celcom.com.my/broadband and/or published in national newspapers in the main languages, published daily and circulating generally throughout Malaysia and shall be deemed served when so published and/or such other forms as Celcom deems appropriate.

11.2 All notices, request and /or other communications to be given by you to Celcom under these T&C must be in writing and sent to Celcom Mobile Sdn Bhd, 21th Floor, Menara Celcom, No. 82, Jalan Raja Muda Abdul Aziz, 50300 Kuala Lumpur.or careline@celcom.com.my or such other address notified to the Customer in writing.

12.1 If any of the provision in these T&C should be invalid, illegal or unenforceable under any applicable law, the legality and enforceability of the remaining provisions shall not be affected.

12.2 No delay or indulgence by Celcom in enforcing any terms or conditions herein shall constitute waiver by Celcom of your breach of these T&C.

12.3 These T&C shall have effect only to the extent not forbidden by law. Nothing contained in these T&C shall be construed as an attempt to contract out of any provisions of the Consumer Protection Act 1999 where the said Act is applicable.

12.4 In the interpretation of the these T&C, the singular shall include the plural and vice versa, words importing a gender will include other genders and, where the customer is more than one person, the customer’s obligations and liabilities will bind each person jointly and severally.

12.6 You are responsible for all taxes, including service tax, and stamp duty (if applicable) payable for the Services.

1.1 The normal prevailing charges shall apply if the 3G or GPRS service are used for voice calls, outgoing short messaging service (SMS) or data services and as specified in a separate addendum, which you opt and agreed to subscribe. Celcom reserves the right to revise and review the applicable rates and tariff from time to time and you hereby agree to be bound by such revision of rates and tariff.

1.2 You shall pay Celcom the charges for usage of the Postpaid Service and such other fees or charges imposed by Celcom in accordance with Celcom’s prevailing rates. The charges payable for the Postpaid Service shall be as specified in the addendum or as otherwise notified to you by Celcom from time to time in accordance with the provisions herein. The fees and charges shall be payable in advance and at such intervals or at such other time as may be specified by Celcom from time to time. The fees and charges shall commence from the date activation of the Postpaid Service.

1.3 You shall be responsible for paying all fees and charges on or before the date specified in the bill (“Due Date”) without need of any further notice and any counterclaim, deduction, set-off or withholding.

1.4 All payments shall be applied first to bills in arrears including interest and penalties, the balance, if any, to be applied to the current bills.

1.5 If you have more than one account with Celcom, Celcom may transfer any credit balance under one account to another to settle any outstanding charges without any prior notification to you.

1.6 Any disputes regarding billing must be communicated to Celcom in writing within one (1) month from the date of the bill. If Celcom do not receive written notice within one (1) month, you hereby agreed that the bill will be deemed to be accurate and that you will have to pay the amount as billed.

1.7 Celcom may at its sole discretion vary its charges from time to time by written notice to you. All variations will take effect from the date specified in the notice and you shall be bound to observe and comply with such variations.

1.8 You shall promptly pay to Celcom all charges and such other amount due and payable irrespective of whether a demand is made by Celcom and shall continue to be liable for any applicable charges during the period of interruption or loss of the Postpaid Service from any cause whatsoever.

1.9 All payments due to Celcom under the Postpaid Service shall be made in full, without deduction for any reason, including but not limited to, set-off, counterclaim or other equitable or lawful claim.

1.10You shall be responsible for the payment of all taxes, duties (including without limitation, stamp duty payable on these Postpaid Service, fees and other charges imposed by any government authority.

1.11Any value added, additional or supplement services requested by you and agreed to be provided by Celcom shall be separately charged by Celcom to you. Any requests by you to upgrade the Postpaid Service rate plan are subject to Celcom’s consent and different charges. You hereby agree to pay for all and any charges incidental to such request.

Celcom may, but shall not be obliged to, apply a credit limit for all charges incurred under the your account and any of your supplementary lines, including those yet to be billed and any amounts in dispute, and Celcom reserves the right to revise that credit limit from time to time at Celcom’s sole discretion. Celcom may give you a notice or a message to your mobile terminal equipment (for example, an SMS, email which you shall be deemed to have received when Celcom send it) notifying you of the charges in your account exceed the credit limit; and such notice is deemed to be received by you when we issue the notice or message to you, Celcom shall not be obliged to ensure termination of the Postpaid Service which will occur in the event of your usage exceeded the credit limit.

3.1 Celcom may, at its discretion, allow bills to be paid through a third party credit or charge card, or via Tele-Payment (by a third party credit or change card via telephone) or other means of payment (“Automatic Payment”). You must make a separate application for Automatic Payment. Automatic Payment is only applicable for settlement of periodic bills. Any outstanding bills prior to the commencement date of Automatic Payment must be settled by you in the ordinary manner.

3.2 Where you have chosen this method of payment, you must inform Celcom immediately if your credit or charge card is lost, stolen, expired or terminated or if you want to terminate this method of payment. If Celcom unable to make the deduction of settlement through its processing bank, Celcom will not be liable to you in any way and you must make payment for outstanding amounts before the Due Date or before your billing cycle date.

3.3 If for whatever reason, Celcom does not receive payment following a completed Automatic Payment transaction or the bank of financial institution claims back or claws back any payment made to Celcom, Celcom reserves the right without prior notice to you to reserve any payment entry in the your statement of account or reinstate the charge in your account with Celcom.

4.1 You are entitled to terminate the Postpaid Service at anytime and for any reason whatsoever during the term of the Postpaid Service) unless otherwise due to following reasons:

In the event if you :

(a) fail to pay in full any sums or charges due and payable pursuant to the Postpaid Service within five (5) days of the relevant due date for payment or such other date specified by Celcom without the need of any further notice and Celcom shall not be liable to you in any way for these actions;

(b) fails to make full settlement of amounts due irrespective of whether you have exceeded the credit limit or you have not received the bill or delay of your’s receipt of bill; and/or

(c) is otherwise in default of its obligations under the Postpaid Service and had not remedied the default within fourteen (14) days of receipt of written notice from Celcom requiring remedy of such default;

4.2 For packages or plan whereby an early termination fee is applicable, whenever the Postpaid Service are terminated by you for any reason whatsoever or by Celcom pursuant to any of event of defaults specified above, you shall be liable to pay Celcom in full the early termination fee as specified in the addendum including accrued interests unless otherwise waived by Celcom. Without limiting to the foregoing , Celcom may provide you with money back guarantee provided that if you decide to terminate the Service within seven (7) days from the date of registration (for selected packages/addendum).

4.3 You may terminate the Postpaid Service at Celcom’s branches and services centers including but not limited to Celcom’s respective authorized dealers.

4.4 Notwithstanding the above clauses, Celcom shall be entitled by written notice to you to treat such failure, breach or default as a repudiation of these T&C and to immediately terminate these T&C) without prejudice to Celcom's rights under these T&C , Celcom may at its sole discretion elect to suspend the Service or any part thereof, with or without notice to you, if it considers that you have breached any of its obligations under these T&C . Any such suspension shall not be a breach by Celcom of these T&C.

4.5 All fees and charges shall remain due and payable during such period of suspension by Celcom of the Service. In the event of a suspension, Celcom reserves the right to charge you a fee for the re-commencement of the Service.

4.6 Any suspension of Postpaid Service by Celcom pursuant to the provisions of these Agreement(s) shall not prejudice the right of Celcom to recover all other charges, costs and interests due and other incidental damages incurred thereto.

4.7 Termination of the Postpaid Service by either you or Celcom for any reason whatsoever shall be without prejudice to any other rights, remedies or claims Celcom may have against you pursuant to these T&C or at law or in equity in respect of any antecedent breach by you of any provision of these T&C. Unless otherwise expressly provided in these T&C, all remedies provided for in these T&C shall be cumulative and in addition to and not in lieu of any other remedies available to Celcom at law, in equity or otherwise.

4.8 You undertake to inform Celcom immediately of any change of your information provided in the Application Form, failure to do so shall constitute a breach of these T&C and Celcom reserves the right to suspend, disconnect the Services or terminate these T&C.

4.9 Upon termination, any credit balance amounting RM10 and below will not be refunded to you and shall be absorbed as administration fees for the Service(s) and/or other services may be provided by Celcom.

International Roaming is not applicable for Prepaid Service.

2.1 Airtime Credit which is the credit value stored in your SIM Card before and after top-up to allow you to use the Services (“Airtime Credits”) can only be used during the active period (“Active Period”) as stated in the User Guide starting from the date of your first activation of the Prepaid Service or last reload of your Account (as herein defined in clause 2.3 below) and varies with the denomination of Airtime Credit purchased.

2.2 Airtime Credit in your Account (as defined below) isnot redeemable for cash.

2.3 All your current unused Airtime Credit is recorded in your account maintained on your behalf by Celcom (“Account”). If you fail to reload your Account before the expiry of the Grace Period (as hereinafter defined) stated in the User Guide, your unused Airtime Credit will be forfeited and your Account will be terminated on the 101st day after the expiry of the Grace Period with immediate effect without any prior written notice from Celcom. For avoidance of doubt , “Grace Period” shall mean the period of one hundred (100) days which starts on the subsequent day after the expiry date of Airtime Credit.

2.4 Celcom will deduct from your Account the value of the Prepaid Service used by you from time to time at rates stipulated in the User Guide and/or as may be imposed at Celcom’s absolute discretion.

3.1 Celcom shall be entitled at its absolute discretion to suspend or disconnect access to the Prepaid Service without notice or compensation to you:

i. if any technical failure occurs in the Prepaid Service;

ii. while the Prepaid Service is being upgraded, modified or maintained;

iii. if you breach any of the these T&C;

iv. if you do anything that may in the opinion of Celcom leads to the damage or losses to the Prepaid Services; or

v. if it is in Celcom’s opinion that the Prepaid Services is or may be used fraudulently or for unlawful purposes.

3.2 Celcom reserves the right to manage your allocated bandwidth, suspend or terminate any customer who consistently uses the Prepaid Service to download or upload extremely high data and breach any of the terms and conditions of the Policy accepted you.

3.3 Celcom reserves the right to manage your allocated bandwidth, suspend or terminate any customer who consistently uses the Prepaid Service to download or upload extremely high data and breach any of the terms and conditions of the Policy accepted you.

3.4 Any suspension of Prepaid Service by Celcom pursuant to the provisions of the Agreement (s) shall not prejudice the right of Celcom to recover all other charges determined by Celcom, costs and interests due and other incidental damages incurred thereto.

3.5 The termination of Prepaid Service will be without prejudice to any then existing rights and/or claims that Celcom may have against you, and you will still have to fulfill his/her obligations including payment of all outstanding charges, including but not limited to, administrative and legal charges, prior to the date of termination.