Xpax

This prepaid mobile service and accompanying value added services (collectively referred to as the "Service") is provided to you by Celcom Mobile Sdn Bhd (formerly known as TM Cellular Sdn. Bhd. )(Company No 27910-A) ("Celcom") subject to these terms and conditions.

Additional terms and conditions specific to our value added services are set out in the User Guide in your starter pack and on our Website, www.celcom.com.my. These, including amendments to them, are hereby incorporated as an essential part of these terms and conditions, all of which are collectively referred to as "T&C".

1. Confirmation
You acknowledge that you have read and fully understood all the T&C. Your use of the Service, upon activation, constitutes unconditional acceptance to be bound by additional terms specific to various value added services and these T&C including its amendments. You confirm that you are competent to accept these T&C.

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. Service
The Service is provided on an "as is" and "as available" basis and Celcom shall not be liable for and makes no express or implied representation or warranties of any kind in relation to the Service including but not limited to availability, accessibility, timeliness and uninterrupted use of the Service.
International Roaming
International roaming services outside Malaysia are available in certain countries. Celcom reserves the sole discretion to decide whether you are eligible for international roaming services.

4. Airtime Credits
Airtime Credits can only be used during the Active Period stated in the User Guide starting from the date of your last recharge or first call made and varies with the denomination of Airtime Credits purchased. Airtime Credits and/or any balance of Airtime Credits in your Account are not redeemable for cash.

All your current unused Airtime Credits are recorded in your account maintained on your behalf by Celcom ("Account"). If you fail to recharge your Account before the expiry of the Grace Period stated in the User Guide, your Account will be terminated and your mobile number will be withdrawn with immediate effect without any prior written notice from Celcom.

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

5. SIM Card
The Subscriber Identity Module (SIM) Card or similar identity device remains, at all times, the exclusive property of Celcom and you shall not transfer the SIM Card without our prior written consent. Celcom is not under any obligation to compensate you for your lost, stolen, damaged, faulty or cloned SIM Card or for any unused call credit balance. If Celcom chooses to replace your SIM 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 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 14 days from the date the Services are activated.

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

7. Telephone Numbers
When Celcom allocate any telephone 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 T&C. You cannot sell or agree to transfer these telephone numbers to anyone else.

You must not apply for registration of these telephone numbers as trademarks, whether on their own or together with any word or mark. Celcom may withdraw or change any telephone number allocated to you, for commercial, operational or technical reasons or compliance with any requirement of the regulatory authority and Celcom will endeavour to give you reasonable notice in this event.

8. Personal Information
By signing the registration 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 and associated companies, corporate shareholders, third parties and/or relevant authorities for the provision of integrated or related services, marketing programs, and/or towards the detection and prevention of crime in the manner specified in our privacy policy posted on our Website as amended from time to time.

9. 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:

• 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;
• comply with all applicable laws, rules and regulations and any requirements or restrictions which Celcom or other service providers may impose on the use of the Services or any telecommunications system and equipment;
• take all reasonable steps to prevent fraudulent, improper or illegal use of the Services;
• ease to utilize the Service or any part thereof for such period as may be required by Celcom;
• ensure that the Service is used solely for the reception and transmission of message (including without limitation picture, data and audio files) and other telecommunications by you or other persons using your mobile phone;
• not use the Service to cause embarrassment, distress, annoyance, irritation or nuisance to any person;
• comply with all notices or directions relating to your use of the Service and your SIM Card as Celcom may see fit to issue from time to time or if Celcom have reason or cause to suspect that you are not complying with your responsibilities and obligations under these T&C
• be fully responsible for any voice or data transmitted or broadcasted by you or persons using your mobile phone (whether authorized by you or not); and
• at all times keep the personal identification number (PIN) of your SIM Card confidential and not release the PIN to any person.

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

i. to transmit or post any Content which may give rise to civil liability or otherwise violate any applicable laws, rules or regulations;
ii. 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;
iii. to be resold or otherwise provided to third parties without our prior written consent, whether for profit or not;
iv. in a manner that results in Celcom being liable for any loss or damages under any applicable laws, rules or regulations; v. whereby any information or content or any parts thereof (whether in its original or adapted form) received as part of the Service, for purposes of creation of any commercial products, whether tradable or otherwise including but not limited to, any derivative products whether for your own purposes or for the purposes of any third party; and
vi whereby you or cause any third party to disseminate any Bursa Malaysia information or any part thereof (whether in its original adapted form) received as part of the Service or any other information or content (whether in its original or adapted form) received as part of the Service, as Celcom shall inform you from time to time.

10. Content
Content provided by Celcom via the Service is provided by Celcom or third parties. Celcom does not filter or edit the Content. You acknowledge that Celcom is under no obligation to censor the Content or information provided, even if it is co-branded or promoted by Celcom. Celcom does not warrant and in particular does not guarantee the sequence, accuracy or timeliness of the Content, and Celcom disclaim all liability in relation to Content provided. By using the Service, you acquire no rights or interests to the Content and you agree not to distribute or forward the Content to anyone else. Celcom shall not be liable for and makes no express or implied representation or warranties of any kind in relation to sequence, accuracy, completeness or the security of any data or information transmitted using the Service.

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

12. Limitation of Liability
Celcom 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 you using the Service or for whatever reason under this T&C. 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.

Notwithstanding the above, Celcom shall not be held liable:
i. for any recharging error cause by you or any third party.
ii. to any reimbursement of wrongly purchased recharge cards / slips.

13. Indemnity from you
You shall indemnify Celcom against all claims that anyone threatens or makes against Celcom relating to your use of the Service or due to your breach, negligence or omission. You agree to bear all legal costs and expenses incurred by Celcom in recovering any moneys, charges, cost, and expenses payable by you under this T&C, and you also agree to indemnify Celcom against all costs, expenses, and charges or legal fees incurred by Celcom in enforcing this T&C or in bringing any action or legal proceedings to recover all charges, cost, and expenses payable by you.

14. Suspension and Termination
Celcom shall be entitled at its absolute discretion to suspend or disconnect access to the Service without notice or compensation to you:
i. if any technical failure occurs in the Service;
ii. while the Service is being upgraded, modified or maintained;
iii. if you breach any of these T&C
iv. if you do anything which may in the opinion of Celcom lead to the damage or losses to the Service; or
v. if it is in Celcom's opinion that the Service is or may be used fraudulently or for unlawful purpose.
Celcom will endeavour to resume the Service as soon as possible if suspension or disconnection occurs for the reasons set out above. You shall be liable for all applicable charges during the period of such interruption, suspension or loss of the Service or part thereof from any cause whatsoever.

Notwithstanding the above, we may terminate or withdraw any one or more of the Services without assigning any reason, by giving you 30 days prior written notice, and will not be liable to provide those Services after the expiry of that period.

15. Post Termination
Termination 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 your obligations including payment of all outstanding charges, including but not limited to, administrative and legal charges, prior to the date of termination.

16. Matters Beyond our Control
Without limiting the generality of any provision in the 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 the Related Corporations has no control over or any cause outside Celcom and/or the Related Corporations reasonable control. The Service 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 Service, interruption or disruption of the Service.

17. Transfer
Celcom may assign or novate all or part of these T&C to any third party by notice to you without your prior consent. You shall not assign or novate any or all of your rights/obligations hereunder to any other person without the prior written consent of Celcom.

18. Amendments of T&C
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 Service. You will be given notice of such amendments. Your continued use of the Service after the effective date of any variation, addition or amendments to the T&C shall constitute unconditional acceptance of such variations, additions or amendments by you 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 Service.

19. Expenses
You are responsible for all taxes, levies or duties, if applicable, in relation to the Service. You shall reimburse Celcom on demand for any such expenses, which it is obliged to pay on your behalf.

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

21. Notices
All notices, request and/or other communications to be given by Celcom to you under these T&C will be published in the Website 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.

ii. 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, 15th Floor, Menara Celcom, No 82, Jalan Raja Muda Abdul Aziz, 50300 Kuala Lumpur or feedback@celcom.com.my or such other address notified to you in writing.

22. Miscellaneous
i. 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.
ii. No delay or indulgence by Celcom in enforcing any term or condition of these T&C shall constitute waiver by Celcom of your breach of these T&C.
iii. Those clauses which by their nature would survive the termination of the Service and/or T&C shall survive.
iv. 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.
v. No rule of construction or interpretation shall apply to prejudice the interest of the party preparing these T&C.
vi. In the interpretation of these T&C, the singular shall include the plural and vice versa, words importing a gender will include other genders and, where you are more than one person, your obligations and liabilities will bind each person jointly and severally.
vii. You are responsible for all taxes, including service tax, and stamp duty (if applicable) payable on this T&C.