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Terms and Conditions

WEB USAGE:

Please read these Terms and Conditions carefully. These are the general Terms and Conditions governing your access and use of CELCOM's web sites and WAP sites (collectively "Sites"). If you do not agree with them, you should not proceed any further on the Sites or with registration. By continuing to use the Sites and/or any of the services shown on the Sites, you agree to be bound by these Terms and Conditions.

DEFINITIONS

"Access Information" means the access information that we require from you before entering certain parts of the Sites for which you have registered, which may be a username, password, your mobile phone number or other or similar recognition device;

"Content" means all data, information, material and content, including but not limited to text, pictures, photographs, software, video, music, sound and graphics;

"Functionalities" means the services offered on or via the Sites, which may include (but is not limited to) chat, discussion group or bulletin board services or email, SMS or voice messaging services, online transactions, search engines and e-commerce facilitators;

"Services" has the meaning given to it in Clause 2.1;

"Terms and Conditions" means the contract between CELCOM and you incorporating these terms and conditions;

"Trade Marks" means the word or marks belongs to CELCOM or its Group of Companies " CELCOM", Xpax, Celcom Postpaid, Celcom 3G, Channel X, Football Mad Nation, including stylised representations, all associated logos and symbols, and combinations of the foregoing with another word or mark;

"CELCOM" means CELCOM (Malaysia) BERHAD, whose registered office is at and may also be referred to as "we" or "us" in these Terms and Conditions; 15th Floor, Menara Celcom, Kuala Lumpur other entity in which CELCOM Group owns (directly or indirectly) more than 15% of the issued share capital;

"CELCOM Network" means the telecommunications system (including fixed line, cellular radio, internet and WAP sites) operated by CELCOM or any companies in the CELCOM Group;

"You" means the customer that enters into these Terms and Conditions (and "your" shall be construed accordingly).
1. Customer care
  1.1. If you have a general enquiry about CELCOM's products and services, you can contact Celcom Careline at 1300 111 000 or 1111 (only accessible from 013, 019 or 0148). Calls will be charged at standard rate from any other phone.
2. Use of content
  2.1. The services that we are providing to you via the Sites consist of the Content and the Functionalities available on the Sites or otherwise provided to you as a result of your use of the Sites ("the Services").
  2.2. You acknowledge and agree that you are only permitted to use the Sites and the Services as expressly set out in these Terms and Conditions or on the Sites.
  2.3. You agree that the Sites and the Services are for your own personal use only on a single computer or device.
  2.4.

You may not

  • copy, disclose, modify, reformat, display, distribute, licence, transmit, sell, perform, publish, transfer or otherwise make available any of the Services or any information learned by you whilst using the Services or accessing the Sites
  • remove, change or obscure in any way anything on the Sites and/or the Services or otherwise use any material obtained whilst using the Sites and/or the Services except as set out in these Terms and Conditions
  • reverse engineer or decompile (whether in whole or in part) any software used in the Sites and/or the Services (except to the extent expressly permitted by applicable law)
  • copy or use any material from the Sites and/or the Services for any commercial purposeremove, obscure or change any copyright, trade mark or other intellectual property right notices contained in the original material or from any material copied or printed off from the Sites or obtained as a result of the Services.
  2.5. Any use of caching, http accelerators such as or similar technology is permitted, however, you have the responsibility of ensuring you are viewing the most recent version of the web-page or content.
  2.6. You may establish a link or "deep link" to the Sites from your site, provided that you have obtained CELCOM's prior written consent and that in CELCOM's sole discretion, the context is relevant and the link or its description is not detrimental to CELCOM.
  2.7. Users that are not subscribers to the CELCOM Network acknowledge that access to the Sites and/or the Services may be restricted at the sole discretion of CELCOM in the interest of fully subscribed customers of the CELCOM Network.
3. Your obligations
  3.1. You warrant that you will only use the Sites and the Services in accordance with these Terms and Conditions and in an appropriate and lawful manner and by way of example and not as a limitation, that you shall not (and shall not authorise or permit any other party to):
    3.1.1 receive, access or transmit any Content which is obscene, pornographic, threatening, racist, menacing, offensive, defamatory, in breach of confidence, in breach of any intellectual property right (including copyright) or otherwise objectionable or unlawful;
    3.1.2. circumvent user authentication or security of any host, network or account (referred to as "cracking" or "hacking") nor interfere with service to any user, host or network (referred to as "denial of service attacks") nor copy any pages or register identical keywords with search engines to mislead other users into thinking that they are reading CELCOM's legitimate web pages (referred to as "page-jacking") or use the Sites or the Services for any other unlawful or objectionable conduct. Users who violate systems or network security may incur criminal or civil liability and CELCOM will at its absolute discretion fully co-operate with investigations of suspected criminal violations, violation of systems or network security under the leadership of law enforcement or relevant authorities;
    3.1.3. use the Sites and/or the Services to advertise or offer to sell any goods or services for any commercial purpose without CELCOM's written consent;
    3.1.4. knowingly or recklessly transmit any electronic Content (including viruses) through the Sites and/or the Services which shall cause or is likely to cause detriment or harm, in any degree, to computer systems owned by CELCOM or other Internet users;
    3.1.5. hack into, make excessive traffic demands, deliver or forward chain letters, "junk mail" or "spam" of any kind, surveys, contests, pyramid schemes or otherwise engage in any other behaviour intended to inhibit other users from using and enjoying the Sites and/or the Services or any other web site, or which is otherwise likely to damage or destroy CELCOM's reputation or the reputation of any third party.
  3.2. You acknowledge that chat, discussion group or bulletin board services and similar services offered by CELCOM ("Public Communication Services") are public communications and your communications may be available to others and consequently you should be cautious when disclosing personal or sensitive information or any information which may identify you. CELCOM is not responsible for, and does not control or endorse any Content of any Public Communication Services.
  3.3. If any information provided by you is untrue, inaccurate, not current or incomplete, CELCOM has the right to terminate your account and refuse any and all current or future use of the Services or access to the Sites.
4. Access information
  4.1. Following registration you may be issued with Access Information that may be used to access the Sites and/or the Services and any pages for which registration is required. CELCOM reserves the right to change your Access Information at any time at its sole discretion and shall notify you of this change as soon as reasonably practicable.
  4.2. Your account is to be used by a single user only and you will not allow simultaneous access using the same Access Information. You acknowledge that you are responsible for ensuring that no unauthorised access to the Sites and the Services is obtained using your Access Information and that you are liable for all such activities conducted through your account whether authorised or not. When choosing Access Information, you must not use words that are obscene, abusive or likely to cause offence.
  4.3. You as the registered user of the account will:
    4.3.1. keep your Access Information secure and not let it become public knowledge and ensure that your Access Information will not be stored anywhere on a computer or your mobile phone in plain text;
    4.3.2. provide true, accurate, current and complete information in all fields indicated as compulsory when registering on the Sites and/or the Services and notify us immediately of any changes or mistakes;
    4.3.3. if your Access Information becomes known to any other unauthorised user you must inform CELCOM immediately.
  4.4. Once you have ‘signed-in' to any secure areas of the web-site, where you are requested to provide your Access Information, you must not at any time leave the Internet terminal or device from which you have accessed the Sites and the Services or let anyone else use the Internet terminal or device until you have logged out of the secure area of the Sites and the Services. You will be responsible for ensuring that you have logged out of the secure area at the end of any session.
  4.5. You must not access the Sites and the Services from any computer connected to a local area network (LAN) or any public Internet access device or access point without first making sure that no-one else will be able to observe or copy your access or get access to the Sites and the Services pretending to be you.
  4.6. You agree to check your bills carefully and inform us immediately of any discrepancy.
5. Your information
CELCOM's usage of your personal information is governed by the CELCOM Group's Privacy Policy Statement, which forms part of these Terms and Conditions.
6. Proprietory rights
  6.1. All Trade Marks used on the Sites and/or the Services are the trade marks of CELCOM or one of the CELCOM Group companies. You shall only make fair use of the Trade Marks and will not use the Trade Marks, whether design or word marks: (1) as or as part of your own trade marks; (2) in a manner which is likely to cause confusion; (3) to identify products to which they do not relate; (4) to imply endorsement or otherwise of products or services to which they do not relate; or (5) in any manner which does or may cause damage to the reputation of CELCOM or the Trade Marks.
  6.2. You acknowledge and agree that the Services and the Sites or any part thereof, whether presented to you by CELCOM, advertisers or any third party are protected by copyrights, trademarks, service marks, patents, or other proprietory rights and laws. All rights are expressly reserved.
  6.3. You are only allowed to use the Sites and the Services as set out in these Terms and Conditions and nothing on the Sites and/or the Services shall be construed as conferring any licence or other transfer of rights to you of any intellectual property or other proprietory rights of CELCOM, any member of the CELCOM Group or any third party, whether by estoppel, implication or otherwise.
7. Costs
  7.1. CELCOM reserves the right to charge for access to part or all of the Sites in the future, subject to giving you clear notice when entering any part to which charges apply. Some Services may be chargeable as indicated on the Sites and in any accompanying terms and conditions.
  7.2. You will need to provide all equipment necessary to access the Sites and the Services on the Internet and be liable for payment for your local telephone call charges at the rates published by the telephone operator with whom you make your local calls or any other Internet access charges to which you may be subject. If your equipment does not support relevant technology including but not limited to encryption you may not be able to use certain Services or access certain information on the Sites.
8. Liability for content
  8.1. It is your sole responsibility to satisfy yourself prior to using the Sites and the Services in any way that they are suitable for your purposes and up to date. The Services and in particular, prices are periodically updated and you should check the Sites and the Services regularly to ensure that you have the latest information. You should also refresh your browser each time you visit the Sites and the Services to ensure that you download the most up to date version of the Sites and the Services.
  8.2. The Sites and the Services are provided on an "as is" basis. Although every effort has been made to provide accurate information on these pages, neither CELCOM, nor any of its employees, nor any member of the CELCOM Group, their suppliers, nor any of their employees, make any warranty, expressed or implied, or assume any legal liability (to the extent permitted by law) or responsibility for the suitability, reliability, timeliness, accuracy or completeness of the Services or any part thereof contained on the Sites or in the Services.
  8.3. You acknowledge that CELCOM is unable to exercise control over the security or subject matter of Content passing over the CELCOM Network, the Sites or via the Services and CELCOM hereby excludes all liability of any kind for the transmission or reception of infringing Content of whatever nature.
9. Liability for third party content
  9.1. The Sites contains links to web sites, web pages, products and services also operated by CELCOM or the CELCOM Group and you agree that your use of each web site, web page and service is also subject to the terms and conditions, if any, contained within each website or webpage or attached to any products or services. These Terms and Conditions shall be deemed to be incorporated into each set of terms and conditions. In the event that there is any conflict, the terms and conditions contained within the relevant website or webpage or attached to the relevant products or services shall prevail over these Terms and Conditions.
  9.2. CELCOM assumes no responsibility for and does not endorse unless expressly stated, Content created or published by third parties that is included in the Sites and the Services or which may be linked to and from the Sites.
  9.3. The Sites and/or the Services may be used by you to link into other websites, resources and/or networks worldwide. CELCOM accepts no responsibility for the Content, services or otherwise in respect of these and you agree to conform to the acceptable use policies of such websites, resources and/or networks.
  9.4. Subject to Clause 13, you agree that CELCOM does not generally and is not required to monitor or edit the use to which you or others use the Sites and the Services or the nature of the Content and CELCOM is excluded from all liability of any kind arising from the use of the Services, and in particular but without limitation to the foregoing, the nature of any Content. Notwithstanding the foregoing, CELCOM reserves the right to edit, bar or remove any Services and/or Content, at any time as CELCOM in its sole discretion believes to be necessary in order to prevent any breach of these Terms and Conditions or any breach of applicable laws or regulations.
10. Exclusion of liability
  10.1. Nothing in these Terms and Conditions shall act to limit or exclude CELCOM's liability for death or personal injury resulting from CELCOM's negligence, fraud or any other liability, which may not by applicable law be limited or excluded.
  10.2. CELCOM shall use its reasonable endeavours to ensure the maintenance and availability of the Sites and the Services but availability may be affected by your equipment, other communications networks, too many people trying to use the CELCOM's Network or the Internet at the same time or other causes of interference and may fail or require maintenance without notice.
  10.3. Neither CELCOM nor any member of the CELCOM Group shall be liable for any special, indirect or consequential damages or any damages whatsoever, whether in an action of contract, negligence or other tortuous action, arising out of or in connection with the performance of or use of Services available on the Sites and in particular, but without limitation to the foregoing, CELCOM specifically excludes all liability whatsoever in respect of any loss arising as a result of:
    10.3.1. use which you make of the Sites and the Services or reliance on Services or any loss of any Services or your Content resulting from delays, non-deliveries, missed deliveries, or service interruptions; and
    10.3.2. defects that may exist or for any costs, loss of profits, loss of your Content or consequential losses arising from your use of, or inability to use or access or a failure, suspension or withdrawal of all or part of the Sites and the Services at any time.
  10.4. All conditions or warranties which may be implied or incorporated into these Terms and Conditions by law or otherwise are hereby expressly excluded to the extent permitted by law.
  10.5. Your only remedy under these Terms and Conditions is to discontinue using the Sites and the Services.
  10.6. CELCOM makes every effort to ensure the security of your communications. You are however advised that for reasons beyond our control, there is a risk that your communications may be unlawfully intercepted or accessed by those other than the intended recipient. For example, your communications may pass over third party networks over which we have no control. The Internet is not a secure environment. Unwanted programs or material may be downloaded without your knowledge, which may give unauthorised persons access to your mobile phone and the information stored on your mobile phone. These programs may perform actions that you have not authorised, possibly without your knowledge.
11. Variation
  11.1. CELCOM reserves the right to modify the Sites and/or the Services or suspend or terminate the Sites and/or the Services or access to part or all of them at any time.
  11.2. CELCOM reserves the right to revise these Terms and Conditions at any time. Such variations shall become effective two weeks after being posted on the website. By continuing to use this website you will be deemed to have accepted the varied Terms and Conditions.
12. Indemnity
  12.1. You hereby agree to fully indemnify and to hold CELCOM harmless from and against any claim brought by a third party resulting from the use of the Sites and the Services or the provision of Content to CELCOM by you and in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered or incurred directly or indirectly by CELCOM in consequence of such use of the Sites and the Services or provision of Content or your breach or non-observance of any of these Terms and Conditions.
  12.2. You shall defend and pay all costs, damages, awards, fees (including any reasonable legal fees) and judgments awarded against CELCOM arising from the above claims and shall provide CELCOM with notice of such claims, full authority to defend, compromise or settle such claims and reasonable assistance necessary to defend such claims, at your sole expense.
13. Monitoring/recording of communications
Monitoring or recording of your calls, emails, text messages or other communications may take place in accordance with the law, and in particular for CELCOM's business purposes, such as for quality control and training, to prevent unauthorised use of CELCOM's telecommunication systems and to ensure effective systems operation and in order to prevent or detect crime.
14. Processing your instructions
  14.1. You request and authorise us to rely and act upon all apparently valid communications as instructions properly authorised by you, even if they may conflict with any other instructions given at any time concerning bill or service requirements.
  14.2. An instruction will only be accepted by us if you have passed through certain security criteria.
  14.3. You agree that we can act on any instructions given to us even if these instructions were not authorised by you.
  14.4. We will make reasonable efforts to process any instruction where you request us to do so but we shall not be liable for any failure to comply with such a request unless it is due to CELCOM's failure to make reasonable efforts to do so.
  14.5. You must make sure that any instruction is accurate and complete and we are not liable if this is not the case.
  14.6. A transaction being carried out is not always simultaneous with an instruction being given. Some matters may take time to process and certain instructions may only be processed during normal working hours even though the service may be accessible outside such hours.
  14.7. You will be responsible for all losses and payments (including the amount of any transaction carried out without your authority) if you have acted with gross negligence so as to facilitate that unauthorised transaction, or you have acted fraudulently. For the purposes of this Clause gross negligence shall be deemed to include failure to observe any of your security duties referred to in these Terms and Conditions.
15. Profligate use
  15.1. Profligate use of the CELCOM Network is prohibited. CELCOM considers that any applications which transmit live video, live audio or make similar traffic demands across the CELCOM Network by whatever means, unless provided by CELCOM, constitutes making profligate use of the CELCOM Network. Use of IP Multicast, other than by means provided and co-ordinated by CELCOM is also prohibited.
16. Termination
  16.1. CELCOM may elect to suspend, vary or terminate the Services and the Sites immediately and without prior notice at any time for repair or maintenance work or in order to upgrade or update the Sites and the Services or for any other reason whatsoever.
  16.2. CELCOM may elect to terminate the Services or your access to the Sites forthwith on breach of any of these Terms and Conditions by you, including, without limitation, late or non-payment of sums due or if CELCOM ceases to offer the Sites and the Services to its customers for any reason whatsoever.
17. General
  17.1. Governing Law and Jurisdiction - These Terms and Conditions are governed by and construed in accordance with the laws of Malaysia and you hereby submit to the non-exclusive jurisdiction of the Malaysian courts.
  17.2. Severability - These Terms and Conditions are severable in that if any provision is determined to be illegal or unenforceable by any court of competent jurisdiction such provision shall be deemed to have been deleted without affecting the remaining provisions of these Terms and Conditions.
  17.3. Waiver - CELCOM's failure to exercise any particular right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by CELCOM in writing.
  17.4. Representations - You acknowledge and agree that in entering into these Terms and Conditions you do not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether party to these Terms and Conditions or not) other than as expressly set out in these Terms and Conditions as a warranty. Nothing in this Clause shall, however, operate to limit or exclude any liability for fraud.
  17.5. Assignment - You in entering into these Terms and Conditions undertake that you will not assign, re-sell, sub-lease or in any other way transfer your rights or obligations under these Terms and Conditions or part thereof. Contravention of this restriction in any way, whether successful or not, will result in the Services being terminated by CELCOM forthwith. CELCOM may assign these Terms and Conditions in whole or in part to any third party at its discretion.
  17.6. Rights of Third Parties - Except in the case of any permitted assignment of this Agreement under Clause 17.5, a person who is not a party to this Agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 or otherwise to enforce any Clause of this Agreement.
  17.7. Force Majeure - CELCOM shall not be liable in respect of any breach of these Terms and Conditions due to any cause beyond its reasonable control including but not limited to, Act of God, inclement weather, act or omission of Government or public telephone operators or other competent authority or other party for whom CELCOM is not responsible.

 

At CELCOM, we take your right to privacy seriously and respect any personal information you provide to us. This Privacy Policy sets out the steps we take to ensure any information provided to us is kept secure and confidential and used only for the purposes for which it is provided
1. Personal Information
The only personal information we will collect is the personal information provided to us by you when you register. You can, at any time during the provision of the service, view the personal information we are holding about you by going to the ‘view or amend profile' page of our site and submitting a request to view your personal details we have on our records.
2. Use of Personal Information
Any personal information you provide to us will only be used for the purposes for which you have provided it, and will only be used by us, other members of the CELCOM group of companies or third parties operating and delivering the SMS Alert service on our behalf, or otherwise assisting us with this service. Your personal information will be transferred to and held on our web server in Malaysia. It will only be used and held by us, or on our behalf, until you delete your details (as explained in section 5 below). After termination or expiry of the service, for whatever reason, we will retain non-identifying records of the use of the service, so that we can ascertain how much use was made of it, and in which countries.
3. Disclosure
Except as explained in 2 above, we will not pass any of your personal information to any third party without your consent. However, we may from time to time make non-identifying statistical information available to third parties or at the request of authorities.
4. Cookies
We do not use cookies for collecting user information from the site and we will not collect any information about you except that required for system administration of the web server and otherwise as described above.
5. Removal from our Database
You may at any time remove your personal details from our database, or amend or correct those details. Simply go to the ‘view or amend profile' page of our site and submit a request to delete your personal details from our records and discontinue use of the service. If you remove your details altogether, we will no longer be able to provide the SMS Alert service to you, and so our agreement to do this will terminate.
6. Under 18s
If you are under 18, you should ensure that you obtain the consent of your parents or legal guardian before registering with and submitting your details to our site. Your parent or legal guardian are entitled to withdraw your consent for the use of your personal information, view a copy of any personal information we are holding about you, and delete or amend or correct your details by following the procedures outlined in paragraphs 2 and 5 of this Privacy Policy. They will need your login and/or security number to do this.
7. Changes to our Privacy Policy
If we decide to change our Privacy Policy we will post the changes here. However, if we make material changes to the way we use your personal information we will ask for your consent to do so unless if it required under the relevant law for us to release such information.

 

CELCOM POSTPAID:

These Terms & Conditions form the Agreement between you, the customer, and us, Celcom Mobile Sdn Bhd, referred to as “Celcom”. This Agreement shall come into effect when we accept your application for Services, which will be signified when we make the Services available to you. We may decline your application for any one or more Services at our discretion.
1. Confirmation
You confirm that the information you provide us about yourself is true and accurate and permit us to verify this with any third party.
2. Your Mobile Equipment
You must obtain your own mobile terminal equipment which is compatible with our communications system in order to use our Services. In order to use new services provided by us in the future, you may need to upgrade your mobile terminal equipment at your own expense. Your mobile terminal equipment (i.e. your mobile phone, or other device which comprises a transmitter and receiver for radiocommunications services) must be type-approved by a certifying agency registered with the Malaysian Communications and Multimedia Commission.
3. Services
We will provide you with mobile communications services using the Celcom System, which currently comprises either a “Global System for Mobile Communications” (GSM), operating in the 900 and 1800 MHz frequency band or if applied by you, a mobile or fixed satellite communications system, or third generation telecommunications technology. However, there may be upgrades made to the Celcom System in future to take advantage of the advances in technology. In order to use new services provided by us in the future, you may need to upgrade your mobile terminal equipment at your own expense.

Value Added Services (VAS)
We will provide the VAS applied for by you. Your ability to access and use information via our VAS depends on the features and functionality of your mobile terminal equipment, and the nature and quality of the information being accessed. We do not represent, warrant or guarantee the extent to which your mobile terminal equipment will be able to access information via our VAS or other Services provided by us. We reserve the right to withdraw our VAS at any time without notice and shall not be liable to you for any losses or damages for such withdrawal.

International Roaming
International roaming services outside Malaysia are available in certain countries. We reserve the sole discretion to decide whether you are eligible for international roaming services. You will need to apply for the roaming service separately and we may require an additional deposit to be paid and relevant documents to be provided for the purpose of registration. The charges will be based on the roaming country’s rate and/or pay per use rates and Celcom’s prevailing rates. For the avoidance of doubt, the data unlimited plan will only be considered unlimited when used domestically within Celcom’s network. Please refer to www.celcom.com.my for the data roaming rates.

For convenience, all communications services and any other services or products which we provide to you, including any VAS, are referred to collectively as the “Services”.

Supplementary Lines
You are allowed to register supplementary lines with us provided that the supplementary lines will be registered under your name and the number of lines shall be determined by us from time to time. For the avoidance of doubt, you shall continue to be liable for any act and/or omission by the user of the supplementary lines.
4. SIM Card
We will provide you with one (1) Subscriber Identification Module Card, or if applicable, a Universal Subscriber Identification Module Card, referred to as a “SIM Card” in these terms and conditions. The SIM Card shall remain our property at all times and the ownership of the SIM Card does not at any time pass to you. We grant you the right to use the SIM Card for purposes of the Service. The SIM Card must be returned to us on demand. Risk passes immediately to you when you receive the SIM Card. You must not change or transfer of the SIM Card to a third party without our prior written approval. We will replace a defective SIM 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 SIM Card to us within fourteen (14) days from the date the Services are activated. You must take all precautions to prevent the loss, theft or misuse of the SIM Card.
5. Mobile Numbers
When we allocate any mobile numbers to you, you will not have any rights to these numbers except for the sole purpose of using the Services in accordance with this Agreement. You cannot sell or agree to transfer these mobile numbers to anyone else except with our prior written consent. For the avoidance of doubt, in the event when Mobile Number Portability (“MNP”) is implemented and/or directed by the regulatory authority in the country, you may only transfer your mobile numbers to other service provider with our prior written consent. You must not apply for registration of these mobile numbers as trademarks, whether on their own or together with any word or mark. We may withdraw or change any mobile number allocated to you, for commercial, operational or technical reasons or compliance with any requirement of the regulatory authority and we will endeavour to give you reasonable notice in this event.
6. Your Responsibilities
You are responsible for the use of the Services under your account(s) and for any information, text, sound, music, software, photographs, videos, graphics, data, messages or other materials (collectively “Content”), disseminated through your account(s). You must:

(a) provide accurate and complete information to us and inform us immediately of any changes in any particulars or information given to us in your application for the Services including, but not limited to, any changes in address and/or contact particulars;
(b) ensure that your usage of the Services do not exceed the credit limit and make full settlement of amounts due for the Services irrespective of whether the charges have exceeded the credit limit;
(c) make all payments for the Services regardless whether you receive the bill or where there is delay in your receipt of bill and continue to be responsible for and pay all charges for the Services relating to the period of any suspension, interruption or loss of the Services whether or not due to your request or resulting from your default and any disconnection and/or re-connection charges;
(d) comply with all applicable laws, rules and regulations and any requirements or restrictions which we or other service providers may impose on the use of the Services or any telecommunications system and equipment;
(e) comply with all instructions, notices or directions issued by us; and
(f) take all reasonable steps to prevent fraudulent, improper or illegal use of the Services.

You must not use or allow any part of the Services to be used:

(a) to transmit or provide any Content which may be defamatory, offensive, indecent, objectionable or illegal, or which may cause annoyance, harassment, irritation, inconvenience or anxiety to anyone;
(b) to transmit or post any Content which may give rise to civil liability or otherwise violate any applicable laws, rules or regulations;
(c) to transmit any Content that contains any harmful, damaging or destructive programs;
(d) to make or attempt any unauthorised access to any part or component of the Services, our communications network or any third party systems or networks to which you can connect through the Services directly or otherwise;
(e) to disrupt the various networks that are connected to the Services or violate the regulations, policies or procedures of such networks;
(f) in any manner which may constitute a violation or infringement of the rights of any party including, but not limited to, their intellectual property or confidentiality rights; and
(g) to be resold or otherwise provided to third parties without our prior written consent, whether for profit or not.

7. Deposit
When you submit your application, we may require you to make such payment (which may include, without limitation, a refundable deposit) as may be required by us for the registration of the desired Services.

The deposit could be used to offset any amounts due from you to us, including but not limited to, any outstanding charges under any of your accounts.

Subject to the above, the deposit will be returned to you without interest within 4 months from the termination of this Agreement, provided that you have settled all outstanding charges due from you to us (if any) under any account or claims brought by us if you have breached this Agreement, or if your application is unsuccessful.
8. Billing & Payment Due Date
You will be responsible to pay for all Services used from your mobile terminal equipment and that of your supplementary lines (if any) as long as the account is in your name, even if your mobile terminal equipment is not in your possession or even if the use of Services is not authorized by you has exceeded the credit limit or has arisen from any other causes.

We will charge you for connection to the Celcom System and for the Services in accordance with our prevailing pricing plan or applicable packages chosen by you in the service application (if any) and at the expiry of that plan, in accordance with our then prevailing pricing plan. For the avoidance of doubt, international roaming services (including data services) and internet browsing charges will be based on the roaming country’s rate and our prevailing rates.

At regular intervals, we will send the bill for the Services to your billing address or such other mode of billing as we may introduce in the future. You must inform us in advance and in writing of any change in your billing address.

You must pay us on or before the date specified in the bill (“Due Date”) without need of any further notice. You can make payments at any of our Celcom service centres, call centers, branches or agencies or through collection agents duly authorised by us. We can also, at our option, render interim or advance billing.

Unless otherwise stated in the bill or elsewhere, all charges are payable in Ringgit Malaysia. In the absence of fraud or manifest error, we may rely on each bill as conclusive evidence against you of the accuracy, completeness and truth of all matters stated in it unless you dispute the bill in the manner stated below.

You are responsible for paying all charges without any counterclaim, deduction, set off or withholding. All payments shall be applied first to bills in arrears, including interest and penalties, the balance, if any, to be applied to the current bill.
We shall have the right to suspend, or disconnect the Services if any bill shall remain unsettled after the Due Date, and we shall not be liable to you in any way for these actions. We may charge you a reconnection fee of RM10.00 or such other amount at our discretion.

Any disputes regarding billing must be communicated to us in writing within one (1) month from the date of the bill. If we do not receive written notice within one (1) month, you agree that the bill will be deemed to be accurate and that you will have to pay the amount as billed. An administrative charge may be imposed for disputes raised by you after the Due Date. If there is a dispute regarding the amount in the bill, you are still required to promptly pay any outstanding amount which is not in dispute. If you have paid your bill on the Due Date and subsequently choose to dispute the charges, you have six (6) months to do so from the date of the transaction. If the dispute is resolved in our favour, you will have to pay the disputed amount immediately plus interests on late payment, any legal costs and collection expenses incurred by us.

You are responsible for all taxes, including service tax, and stamp duty. If you are required under any law to deduct or withhold any sum as taxes imposed on any amount payable to us, the amount payable to us will be increased by such amount necessary to ensure that we will receive a net amount equal to the amount which we would have received in the absence of any such deduction or withholding.

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

We will notify you on any transaction of debit balance under your inactive account to your active account. You will be liable for legal costs incurred on a full indemnity basis should we claim against you for non-payment of any unpaid charges.
We shall be entitled to vary at our discretion the amount of deposit, fees and any other charges for the Services or part thereof. We reserve the right to change the billing cycle, without the need to inform you.
9. Auto Billing
We may, at our discretion, allow bills to be paid through a third party credit or charge card, or via Tele-Payment (by a third party credit or charge card via telephone) or other means of payment (“Auto Billing”). You must make a separate application for Auto Billing. Auto Billing is only applicable for settlement of periodic bills. Any outstanding bills prior to the commencement date of Auto Billing must be settled by you in the ordinary manner:

Where you have chosen this method of payment, you must inform us immediately if your credit or charge card is lost, stolen, expired or terminated or if you want to terminate this method of payment. If we are unable to make the deduction or settlement through our processing bank, we 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.

You authorise us to verify the information you provide with the card issuer or any third party as may be necessary; forward your call transactions, billings and other details to the card issuer, financial institution and other relevant parties for and in connection with the Auto Billing.

If for whatever reason, we do not receive payment following a completed Auto Billing transaction or the bank or financial institution claims back or claws back any payment made to us, we reserve the right without prior notice to you to reverse any payment entry in your statement of account or reinstate the charge in your account with us.
10. Credit Limit & Late Payment
We may, but shall not be obliged to, apply a credit limit for all charges incurred under your account and any of your supplementary lines, including those yet to be billed and any amounts in dispute, and we reserve the right to revise that credit limit from time to time at our sole discretion. We may give you a notice or a message to your mobile terminal equipment (for example, a voice message or an SMS which you are deemed to have received when we send it) notifying you if your 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, we are not obliged to ensure barring of the Services which will occur in the event your usage exceeded the credit limit.

We may suspend, or disconnect the Services unless you make full settlement of amounts due irrespective of whether they have exceeded the credit limit or you have not received the bill or delay of your receipt of bill.

If any fees or charges remain unpaid after the Due Date, we may charge interest (applicable before and after judgment) at the rate of 1.5% per month on the overdue amount and you shall be liable to pay such amount. We may also, at our sole discretion, waive any late payment or interest charges.
11. Packages
If your subscription is made pursuant to a package or promotional package, you agree to be subjected to all additional terms and conditions applicable to that package. We expressly reserve the right to withdraw any package or promotional package at any time without assigning reasons for such withdrawal and thereafter we will migrate you to another package or promotional package which we deem fit and necessary and we shall not be liable for any losses and damages that you may suffer.

We may, upon your request produce details of the selected package and plan for your reference from our service centre or our authorised dealers at the point of registration. You are hereby required to select your preferred package and plan at our service centers or authorized dealers at the point of registration and your continuous use of the Service shall be proof of your subscription of the package and plans. You have taken to have read and understood the tariff and rates and agree to be bound by the tariff and rates prescribed under the package and plans.

Where the promotional package involves a third party, you must also comply with all requirements imposed by that third party and acknowledge that we may take any action requested by that third party to protect their interests.
12. Content
Content provided by us via our VAS is provided by us or third parties. We do not filter or edit the Content. You acknowledge that we are under no obligation to censor the Content or information provided, even if it is co-branded or promoted by us. We do not warrant and in particular do not guarantee the sequence, accuracy or timeliness of the Content, and we disclaim all liability in relation to Content provided. By using our VAS, you acquire no rights or interests to the Content and you agree not to distribute or forward the Content to anyone else.
13. Fraudulent Use or Lost / Stolen Equipment
You must immediately notify our Customer Service and report to the police of any loss, fraud, suspected fraud, dishonest use or theft of your mobile terminal equipment or SIM Card. You will be liable for all charges of the lost/stolen or fraudulent use of the Services until we receive notification from you as stated above for disconnection of our Services. Replacement of lost or stolen SIM Card is subject to additional payments. If you recover your lost/stolen mobile phone/ SIM Card, we are able to reconnect our Services upon you paying all outstanding charges and a reconnection fee of RM10.00 or such other amount at our discretion. You must register with us if you intend to obtain a second or further SIM Card, and you must pay all relevant fees and charges.

We have the discretion to terminate this Agreement or suspend or disconnect our Services without notice to you including but not limited to any of the following events:-

(a) if any of the material information specified by you including, without limitation, as stated on the application form is found to be false;
(b) if you fail to pay a deposit when requested by us or fail to make payment of any amounts due to us by the Due Date. If you have more than one account with us, we have a right to terminate any or all of your accounts should any charges remain unpaid under any one of your accounts;
(c) if you commit a breach of any of the terms and conditions;
(d) if you are likely to create imminent physical harm (including but not limited to interruption, disruption or congestion) to our network;
(e) if you use, allow the use, or intend to use our Services fraudulently or dishonestly; or tamper or allow any other person to tamper with your mobile terminal equipment by unauthorised means such as modification or alteration; or tamper or copy or allow any person to tamper or copy the pre-programmed data of the SIM card;
(f) if you become or threaten to become bankrupt or insolvent or make any compromise or arrangement with or assignment for the benefit of your creditors or a receiver or administrator is appointed over your assets or if you are a corporation, go into either voluntary or compulsory liquidation or ceases to carry on business;
(g) if you use the Services for any other purpose other than what we intended it to be used for in accordance with these terms and conditions without first obtaining our prior written consent.
(h) upon a direction from a regulatory authority or government authority based on illegal, improper activities or otherwise by you;
(i) if in the opinion of any relevant regulatory authority or law enforcement body, it is not in the public interest to continue providing the Services to you for any reason whatsoever; or
(J) if compliance with applicable regulatory laws and instruments requires or results in the termination of the Services.

You may terminate our Services by going to any of our customer service centres to notify us of your intention to terminate this Agreement or, by faxing or writing to us and giving us two (2) working days’ prior notice. However, if you have agreed to subscribe to the Services for a pre-agreed duration and you opt to terminate the Services prior to the expiry of that period, you will have to pay for subscription for the whole of that period based on our then prevailing non-promotional rate. Notwithstanding the above, we may terminate or withdraw any one or more of the Services without assigning any reason, by giving you one (1) month prior written notice, and will not be liable to provide those Services after the expiry of that period.
14. Post Termination
Termination will be without prejudice to any then existing rights and/or claims that we may have against you, and you will still have to fulfill your obligations including payment of all outstanding charges, including but not limited to, administrative and legal charges, prior to the date of termination. 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.
15. Personal Information
By signing our application form, you have given us your consent to use your personal information for lawful purposes, including but not limited to, providing assistance to law enforcement or other government agencies, to our research companies, for joint promotional activities, for managing bad debt and preventing fraud. You also authorize us to share our customer database with our related corporations and associated companies, corporate shareholders, third parties and/or relevant authorities for the provision of integrated, recovery of bad debt or any other related services, our marketing programs, and/or towards the detection and prevention of crime in the manner specified in our privacy policy posted on our official website at www.celcom.com.my as amended from time to time.
16. Indemnity from You
You shall indemnify us against all claims that anyone threatens or makes against us relating to your use of our Services or due to your breach, negligence or omission. You agree to bear all legal costs and expenses incurred by us in recovering any moneys, charges, cost, and expenses payable by you under this Agreement, and you also agree to indemnify us against all costs, expenses, and charges or legal fees incurred by us in enforcing this Agreement or in bringing any action or legal proceedings to recover all charges, cost, and expenses payable by you.
17. Disclaimer
The Services are provided on an “as is” and “as available” basis and we disclaim any express or implied representation or warranties of any kind in relation to the Services including but not limited to availability, accessibility, timeliness and uninterrupted use of the Services; or sequence, accuracy, completeness, timeliness or the security of any Content or information transmitted using the Services or provided to you as part of the Services.
18. Limitation of Liability
We shall not be liable for any costs, loss or damage (whether direct or indirect), or for loss of revenue, loss of profits or any consequential loss whatsoever as a result of your using the Services or for whatever reason under this Agreement. Despite the above, our 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 the lower of either RM500 or the total of your charges in the 3 months preceding the relevant event or series of events.
19. Matters Beyond Our Control
We will not be liable for any delay or failure in performance under this Agreement resulting from matters beyond our control. These include acts of God, requirements of any governmental or regulatory authority, war, national emergency, accident, fire, lightning, equipment failure, computer or software malfunction, electrical power failure, faults, interruption or disruption of our network or the networks of other service providers or of your equipment or the equipment of any third party, riots, strikes, lock-outs, industrial disputes (whether or not involving our employees) or epidemics of infectious diseases. The Services may occasionally be affected by interference caused by objects beyond our control such as buildings, underpasses and weather conditions. When this happens, we will not be responsible for any inability to use or access the Services, interruption or disruption of the Services.
20. Transfer
You may only transfer your rights under this Agreement with our prior written consent. You will have to enter into a transfer agreement and settle all outstanding charges. We reserve the right to transfer all rights and obligations under this Agreement to any related corporation or associated company of ours at any time, and you now consent to such transfer. We will give you notice (which may include advertisement, statements, letters, by posting on our website or such other forms as we deem appropriate) of such transfer.
21. Amendments
We may, in our absolute discretion and at any time, amend, add, vary or delete any of our terms and conditions, and/or our tariffs and pricing plans and/or withdraw, suspend or change any of our Services. We may give you notice (in the manner described in clause 21) of such changes. In the event we decide to give you notice, such notice shall state when the changes will take effect and if you continue to use the Services after such date, you will be deemed to have accepted the changes.
22. Notices
In addition to other clauses specifying the manner in which we can give you notices, notices or bills to you under this Agreement will be deemed given if sent to your contact details in our records. If there is any change in these details, you must inform us immediately in writing. You will be deemed to have received the notice if the notice is sent by registered post, on the second working day after posting; and if sent by ordinary post, on the fifth working day after the day of posting; or if hand delivered, upon delivery. All notices to us (other than those specified in clause 13) must be in writing and sent to Celcom Customer Service, P.O. Box 11979, 50764 Kuala Lumpur or feedback@celcom.com.my or such other address notified to you in writing.
23. Miscellaneous
This Agreement constitutes the whole agreement between you and us and will prevail over any other terms including those you may issue. In the event of a conflict or inconsistency between the application form, these terms and conditions and any addendum (containing supplementary terms and conditions), such inconsistency shall be resolved by giving precedence in the following decreasing order: addendum, these terms and conditions and the application form.

No rule of construction or interpretation shall apply to prejudice the interest of the party preparing the Agreement.

If any provision of this Agreement is held to be invalid, illegal or unenforceable (whether in whole or in part), such provision shall be deemed modified to the extent, but only to the extent, of such invalidity, illegality or unenforceability and the remaining provisions of this Agreement shall not be affected. The laws of Malaysia will govern this Agreement. Any legal process or judgment may be given to you in the same way as notices under this Agreement. Any action or proceedings may be brought and enforced in the courts of Malaysia or any other jurisdiction where you or any of your property may be found and you irrevocably submit to the jurisdiction of such courts in respect of any action or proceedings against or involving you relating to this Agreement. This Agreement is subject to the Communications and Multimedia Act 1998 (“Act”) and any applicable subsidiary legislation, rules and regulations. It is also subject to any directives and orders of the relevant regulatory authority and to the terms and conditions of the licence(s) granted to us under the Act. You are also bound by the terms and conditions of our Broadband and Fair Usage Policy as stated in our website at www.celcom.com.my/broadband. No failure or delay by us to exercise or enforce any of our rights under this Agreement will operate as a waiver of such rights nor will such failure or delay in any way prejudice or affect our right at any time after that to act strictly in accordance with our rights under this Agreement. No single waiver shall constitute a continuing waiver.


Terms and conditions for Auto Billing payment

Appendix 1
1. In these terms and conditions,
"Acquiring Bank" means Celcom's nominated Credit/Charge Card companies;

"Card" means the credit or charge card (as applicable) nominated by you for the Auto Billing and accepted by Celcom;

"Card Issuer(s)" refers to any bank or legal entity which is the issuer of the Card;

“Terms & Conditions" refers to the terms and conditions under the principal registration form for subscription to Celcom services which shall be read and form part of these terms and conditions and you hereby agree to be bound by it;

"Auto Billing" means the automatic debit bill payment offered by Celcom and accepted by you whereby your periodic Celcom bills may be either automatically and/or manually billed into the nominated credit or charge Card account for settlement as per standing instructions from you or the Card Issuer.
2. You hereby undertake and warrant that you are the authorised user of the Card whose name is embossed and whose signature appears on the Card.
3. You hereby declare that the information supplied to us is true and complete and expressly authorises Celcom to verify the information with the Card Issuer or any third parties as may be necessary.
4. You hereby acknowledge that the obligation to settle your bill in a timely manner shall continue and shall not be waived or extended in any manner whatsoever by the mere approval or agreement by Celcom to provide the Auto Billing and that the failure of the Auto Billing shall not in any case be a reason for you to delay payments and that you will hold Celcom and the Acquiring Banks harmless of any loss, damages, or claims out of the same. Any outstanding bills prior to the commencement date of the Auto Billing must be settled by you. In the event you dispute the Auto Billing transaction in your Card statement, then such dispute must be notified to Celcom within six (6) months from the transaction date. The charges shall be final and conclusive in the event such discrepancy is not reported within the stipulated time.
5. You hereby authorise Celcom to forward your call transactions, billings and other details to the Acquiring Bank, the Card Issuer and relevant parties for and in connection with the Auto Billing.
6. Acquiring Banks shall process your monthly bills and automatically charge your monthly bills to your ard accounts with the Card Issuer upon the Card Issuer's approval. Celcom and/or the Acquiring Banks reserve the right not to process, reject, or charge the same without assigning any reason whatsoever to you and you shall settle the outstanding bill directly to Celcom.
7. You may terminate the Auto Billing by giving one (1) month notice writing to Celcom or the respective Acquiring Banks. However, you must withdraw by the first (1st) day of the month to ensure that the following month's Celcom bill is not charged to the respective card account.
8. Notwithstanding Clause 7 above, Celcom and the respective Acquiring Banks reserve the right to terminate the Auto Billing without assigning any reason there to and shall inform you of such information. However, in the event the card or account is cancelled by the respective Acquiring Banks for any reasons whatsoever, the Auto Billing shall be automatically cancelled without any notice. Celcom, Card Issuer and the respective Acquiring Banks shall not be liable for any claims, demands and losses caused by such termination.
9. Celcom shall not be liable to you:
a. if the Card is not honoured by the Acquiring Bank or Card Issuer(s);
b. if authorisation to you for the transaction is denied, refused or suspended by any party for any reason whatsoever;
c. if Celcom is unable or delays in providing the Auto Billing as a result of a power failure, failure of any computer or telecommunications system used in connection with the Auto Billing, or any other circumstances beyond Celcom reasonable control; and,
d. for any loss or damage whatsoever which may be suffered by you arising from use of the Auto Billing.
10. You must inform Celcom in writing if you wish to change the enlisted Celcom lines provided that the procedure set out in above shall apply with the regard to these changes as if the changes were new lines. You shall also inform the respective Acquiring Banks or Celcom in writing regarding the changes within seven (7) days from the date of changes in the particulars of the Credit/Charge Card such as expiry date and Credit/Charge Card number, changes in enlisted Celcom Auto Billing owner, changes in the Celcom account numbers or if any of the enlisted lines are disconnected, or any relevant information, otherwise you will remain liable for any charges made by the respective Acquiring Banks pursuant to the Auto Billing.
11. Notwithstanding that the Auto Billing has been provided and/or your bill has been credited as paid, Celcom reserves the right and shall be entitled without prior notice to you to reverse any payment entry in your statement of account or charge back the transaction sum to your account with Celcom in the event of anyone or more of the following circumstances:

a. the transaction is found to be incomplete, illegal or carried out by fraudulent means;
b. the transaction is cancelled by the Acquiring Bank or the Card Issuer for any reason whatsoever;
c. the Card concerned is found to have expired or is invalid for any reason whatsoever;
d. the transaction sum or part thereof was found to have exceeded the Cardholder’s authorised credit limit;
e. the transaction is found to be one with "Declined Authorisation", or a non corresponding authorisation code;
f. the performance of the Auto Billing or the use of the Card involves a violation of the law, rules or regulation of any governmental body, notwithstanding that Celcom may have received notice of the same at the time when the transaction was carried out;
g. the transaction was carried out or credit was given to you in circumstances constituting a breach of any express or implied term, condition, representation or duty to Celcom, the Acquiring Bank and/or Card Issuer; or,
h. at the absolute discretion of Celcom, the Acquiring Bank or the Card Issuer without assigning any reason whatsoever.
12. Save and except where the fault or delay is clearly attributable to circumstances within Celcom reasonable control, all overdue payments may subject to late payment charges and/or such other consequences as provided under the Terms & Conditions. In any proceedings relating to this agreement a statement to any amount due to Celcom as being correct by Celcom shall, in the absence of manifest error, be conclusive evidence that such amount is in fact due and payable.
13. Celcom reserves the right at its absolute discretion to levy charges for the provision of the Auto Billing to you; and suspend or deny provision of the Auto Billing to you at any time;
14. Celcom reserves the right at its absolute discretion to vary, change, amend, delete or add to these Auto Billing terms and conditions without prior notice to you.
15. You hereby agree that the use of the Auto Billing is undertaken at your sole risk. Celcom shall not be liable for, and you agrees to indemnify Celcom against all claims, losses, liabilities proceedings, demands, costs and expenses (including legal fees) which may result of which Celcom may sustain in connection with or arising from the provision of the Auto Billing to you.
16. You hereby expressly authorises Celcom to share your personal information with Celcom related corporations as defined under Companies Act 1965, corporate shareholders, third parties and/or relevant authorities for the provision of integrated or related services, Celcom marketing programmes, and/or towards the detection and prevention of crime.
17. You also hereby agree and undertake to indemnify the nominated Acquiring Banks and at all times to keep the nominated Acquiring Banks fully and completely indemnified from and against all claims, demands, actions, proceedings, losses, and expenses and all other liabilities of whatsoever nature which may be made, taken, incurred, and/or suffered by the nominated Acquiring Banks in connection with or arising out of this authorisation given by you.
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