Terms and Conditions for Celcom Broadband Online Security Suite (Net Safe)

Description of Celcom Broadband Online Security Suite Net Safe Service

The Celcom Broadband Online Security Suite Net Safe Service (“Net Safe”) with one (1) user license or three (3) user license (collectively hereinafter be referred to as the “Service”) allows the Customer to request for antivirus Internet security bundle with firewall, browsing protection, anti spyware and anti phishing, anti spam, parental control and real time protection.

The Service is an F-Secure Corporation (“F-Secure”) service provided to the Customer by Celcom Mobile Sdn Bhd (Company No. 27910-A)(“Celcom”) for Celcom Broadband Lite, Broadband Basic, Broadband Advance, Broadband Pro and Celcom Broadband mLite, Broadband mBasic, Broadband mAdvance and Broadband mPro customers (collectively hereinafter be referred to as the “Customer”) subject to these terms and conditions and shall form an integral part and to be read together with the terms and conditions on the use of Celcom Postpaid Voice Plans or Celcom Broadband Service and Fair Usage Policy (“Policy”) relevant to the Customer in respect of this Service as posted on our website at www.celcom.com.my and www.celcom.com.my/broadband respectively.

In the event of a conflict or inconsistency between these terms and conditions of Celcom Postpaid Voice Plans or Celcom Broadband Service, such inconsistency shall be resolved by giving precedence in the following decreasing order (i) these terms and conditions (ii) terms and conditions of Celcom Broadband Service (iii) terms and conditions of the Fair Usage Policy.
These terms and conditions shall come into effect upon Celcom’s acceptance of the Customer’s application for the Service which shall be signified when Celcom makes the Service available to the Customer.

To use, preview, download and/or subscribe for the Service the Customer shall send “ON NETSAFE1” or “ON NETSAFE3” to 22188 (“Registration”). Upon successful Registration and acceptance of the F-Secure’s End User License provided at http://mobile.f-secure.com/license/08/english.html, the Service shall be automatically downloaded on to the Customer’s Equipment (“Equipment”).

Notwithstanding the Free Trial period, the Service shall be made available to the Customer for a period of one (1) month from the date of the Registration (“Subscription Period”) upon completion of download of the Service to the Equipment.

2. Equipment

The Customer shall remain solely responsible to ensure that the Equipment is compatible to provision of the Service. The Customer shall continue to be liable to pay for the Charges of the Service subject to Clause 3 herein even if the Customer is unable to use or view the Service purchased.

3. Charges

3.1	The Customer shall be charged for the Service based on the following rate (“Rates”) of such other rate prescribed by Celcom from time to time and payable in accordance with Celcom’s policy and requirements:
	No. Number of Users Rate per month (RM) 1 1 RM4.99 2 3 RM6.99
3.2	The Customer shall be charged for the Service on a monthly basis from the date of the activation of the Service, regardless of the bill cycle.
3.3	The Customer shall be charged for the Service even if the Service was used, subscribed, downloaded and/or viewed by a third party using the Celcom Broadband Service and/or the SIM card registered to the Customer and/or the Customer’s details registered to the SIM card.
3.4	If Customer’s account falls into call bar or temporary disconnected status, Customer shall only be able to enjoy the Service until the expiry of the Subscription Period.If Customer’s account is reconnected during the Subscription Period, Customer is not required to go through the Registration again and the Service will be automatically renewed. In the event that the Customer’s account is reconnected upon expiry of the Subscription Period, the Customer is required to complete the Registration to enjoy the Service.

4. Payment
The Customer agrees to promptly pay all amounts due to Celcom as reflected in the Customer’s official monthly bill statement and for all charges whatsoever occasioned by the use of the Service irrespective of whether such charges were authorised by the Customer or has arisen from any other causes whatsoever.

5. Termination by the Customer
The Customer’s subscription to the Service shall be automatically renewed every month unless earlier terminated by the Customer by sending “STOP NETSAFE1” or “STOP NETSAFE3” to 22188.

6. Delivery of Service

6.1	If the Customer’s download request is incomplete or incorrect or if for any reason whatsoever Celcom is unable to provide or deliver the Services to the Equipment as requested, Celcom has the right to decline to provide the Services without further notice to the Customer in which case the Customer shall not be charged for the Service.
6.2	Celcom shall not be liable in any way for failures, defects or delays in the delivery of the application or the Service for any reason whatsoever. The Customer however, shall be responsible for all charges incurred if the Customer accidentally erase, replace or delete the Service howsoever.

7. Termination and Suspension
Celcom reserves the right to cancel, withdraw, terminate or suspend the Service for any reason whatsoever at its sole discretion without notice to the Customer. The Customer agrees that Celcom shall not be liable to the Customer or to any other party for such cancellation, withdrawal, termination or suspension.

8. Proprietary Rights and Conditions

8.1	All right, title and interest including, but not limited to, copyright and other intellectual property rights in and to the Service (including but not limited to all graphic/image and text files) are owned by Celcom. Such rights are protected by Malaysian copyright laws, other applicable copyright laws, and international treaty provisions. Celcom retains all rights not expressly granted herein.
8.2	The Customer shall not redistribute, sell, decompile, reverse engineer or disassemble the Service. The Service, including any modified or customized versions, cannot be resold, redistributed, or offered as a service without explicit written permission from Celcom. Celcom reserves the right to refuse permission to use this Service to any individual or company for any reason, and may do so without notice.

9. Return Policy
The Service (including but not limited to all graphic/image and text files) shall not be returned for a refund. Should the Customer experience any technical problems with the Service, Celcom offers support services to assist with any technical issues.

10. Installation
The Customer shall make every attempt to safeguard the Customer’s date and other files during installation, when upgrading, or when installing an update. Celcom shall not assume responsibility for loss of data or any other losses that result from installation, upgrading or updating of the Service.

11. Indemnity
The Customer shall indemnify Celcom, its related and affiliated corporations against each claim, action, proceeding, judgment, damage, loss, expense or liability incurred or suffered by, or brought, made or recovered against Celcom, its related and affiliated corporations in connection with any breach by the Customer of these Terms and Conditions or in connection with the Service.

12. Limitation of Liability

12.1	To the maximum extent permitted by applicable laws, in no event shall Celcom, its related and affiliated corporations be liable to the Customer or anyone else for any direct, indirect, special, exemplary, consequential damages, or any damages whatsoever including but not limited to loss of use, loss of revenue or profits, injury or lost or damaged data or other commercial or economic loss whether in action of contract, negligence or other tortuous action, arising out of or in connection with the Customer’s access, use of, or the Customer’s inability to access or use the Service or the performance of the Services, the software or related documentation. The Customer’s usage of the Application is entirely at the Customer’s own risk.
12.2	The Customer agrees that the Customer’s sole remedy for breach under these Terms and Conditions shall be limited to that provided by F-secure in its End User License terms.

13. Disclaimer
The Service is provided on an "AS IS" basis without any representation or warranties of any kind whether express or implied. Celcom, its related and affiliated corporations disclaim and exclude all warranties relating to the content, information, services relating to or in connection with the Services including but not limited to, all warranties of merchantability, fitness for a particular purpose, title, non-infringement, compatibility, security and accuracy. The Customer shall assume the entire risk as to the results and performance of the Services and related documentation.

14 General Disclaimer
Celcom neither assumes nor accepts any liability for any loss, damage, theft, misuse, malfunction etc, of the Customer’s hardware or data or anything else that the Customer may own regardless of the cause or reason for any such misfortune. Celcom, its officers, and employees will not be liable for lost profits, loss of business or other consequential, special, indirect or punitive damages even if advised of the possibility of such damages, or for any claim by any third party. These policies, terms and conditions may be subject to change without notice.