Terms and Conditions: General
General

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 First Voice, 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. 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
    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. 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.
    3. You agree that the Sites and the Services are for your own personal use only on a single computer or device.
    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.
    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.
    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.
    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 
    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): 
      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; 
      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. 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;
      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;
      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.
    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. 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
    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.
    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.
    3. You as the registered user of the account will:
      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;
      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;
      3. if your Access Information becomes known to any other unauthorised user you must inform CELCOM immediately.
    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.
      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.
      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
    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.
    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.
    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
    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.
    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
    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.
    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.
    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
    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.
    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.
    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.
    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
    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.
    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.
    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:
      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
      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.
    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.
    5. Your only remedy under these Terms and Conditions is to discontinue using the Sites and the Services.
    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
    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.
    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
    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.
    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
    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.
    2. An instruction will only be accepted by us if you have passed through certain security criteria.
    3. You agree that we can act on any instructions given to us even if these instructions were not authorised by you.
    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.
    5. You must make sure that any instruction is accurate and complete and we are not liable if this is not the case.
    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.
    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
    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
    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.
    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
    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.
    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.
    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.
    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.
    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.
    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.
    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. WEB USAGE

    TERMS & CONDITIONS
    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 First Voice, 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. 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
    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. 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.
    3. You agree that the Sites and the Services are for your own personal use only on a single computer or device.
    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.
    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.
    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.
    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
    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):
      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;
      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. 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;
      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;
      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.
    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. 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
    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.
    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.
    3. You as the registered user of the account will:
      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;
      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;
      3. if your Access Information becomes known to any other unauthorised user you must inform CELCOM immediately.
    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.
    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.
    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
    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.
    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.
    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
    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.
    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
    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.
    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.
    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
    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.
    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.
    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.
    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
    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.
    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.
    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:
      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
      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.
    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.
    5. Your only remedy under these Terms and Conditions is to discontinue using the Sites and the Services.
    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
    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.
    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
    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.
    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
    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.
    2. An instruction will only be accepted by us if you have passed through certain security criteria.
    3. You agree that we can act on any instructions given to us even if these instructions were not authorised by you.
    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.
    5. You must make sure that any instruction is accurate and complete and we are not liable if this is not the case.
    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.
    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
    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
    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.
    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
    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.
    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.
    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.
    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.
    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.
    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.
    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 Life App

This Service (as hereinafter defined) is made available by Celcom Axiata Berhad (Company No. 167469-A) (“Celcom”) and by accessing the Celcom Life App (“App”), purchasing any product on the App, including but not limited to creating an account, downloading software or digital content on the App, you hereby agree to be bound by these Terms and Conditions of the Service herein ("Terms and Conditions") which shall form an integral part and to be read together with the terms and conditions of your mobile service offered relevant to you in respect of this Service and Celcom’s Privacy Notice which can be found at https://www.celcom.com.my/legal/privacy-policy (subject to change).

Your use of the Service, upon Activation, constitutes unconditional acceptance to be bound by these Terms and Conditions as may be amended from time to time. You must ensure that any person you allow to use the Service complies with these Terms and Conditions. You acknowledge that you have read and fully understood these Terms and Conditions.

Part A: General Terms and Conditions

  1. Definitions
    For the purpose of these Terms and Conditions, the following terms shall, unless the context otherwise requires, have the meanings as defined below. All other terms not defined herein shall have the meaning as may generally be accepted within the industry based on the context used herein:
    “Access Information” means certain information which we require from you before entering certain parts of the App in order to use the Services, which may be a username, password, your mobile phone number or other or similar recognition device;
    "Activation" or "Activated" means the point in time when the Service is activated in Celcom’s system;
    “App” means Celcom Life App, the software application developed specifically by Celcom for use by Celcom’s postpaid and prepaid customers to enjoy the Service(s). This App is not available for customers on Celcom Corporate Official accounts and Celcom WiFiPlus; 
    "Celcom" means Celcom Axiata Berhad (Company No. 167469-A) and its related corporation. Any and all references to “we”, “us”, “our” or “Celcom”, shall refer to the relevant Celcom entity that is providing the Services to you (including its successors and assigns);
    “Celcom’s System” means the telecommunication system utilised by Celcom in providing the Service;
    “Content” means any contest, java games, information, text, sound, music, software, photographs, videos, graphics, data messages or other materials received by you including but not limited to VAS.
    “Mobile Device” means a wireless device together with accessories for the use of the Service;
    “Online Customer Service (OCS)” means Celcom’s online customer service available at www.celcom.com.my;  
    “Phone Status” means your connection to Wi-Fi and/or end time of your phone call;
    “Related Corporation” means a corporation which is deemed to be related to the first mentioned corporation by virtue of Section 7 of the Companies Act 2016;
    "Service(s)"

    means mobile telecommunication services to be provided by Celcom to you via the App. Services include but not limited to:

    1. View, track, pay your bills and make additional purchases for postpaid customers
    2. check your credit balance, usage and perform transactions such as reload, internet reload, subscribe to Internet Plan and credit transfer for prepaid customers. 

    It may also include access to products and services of third parties either directly or indirectly via any links; 

    “Terms and Conditions” means these terms and conditions for the Service as may be varied or modified from time to time at Celcom’s sole discretion;
    “Value Added Service” or “VAS” means a non-core services beyond standard voice calls, data, SMS and MMS;
    "You" or "Your" means the person authorised to use the Service subject to these Terms and Conditions herein and/or an entity of whatsoever description including but not limited to a sole proprietorship, a partnership, a body corporate or otherwise governmental bodies and agencies of any kind established under the laws, rules and/or regulations for the time being in force and which may come in force more particularly described in the Registration Form. 
  2. Use of Service
    1. The Service may include access to products and services of third parties either directly or via links to App operated by third parties. 
    2. You acknowledge and agree that you are only permitted to use the App as expressly set out in these Terms and Conditions or third party’s terms and conditions which is applicable to the products and services, which may be posted from time to time in connection with such products and services.
    3. You agree that the App and usage of the Services are for your own personal use only on any Mobile Device or software to make such connection to the App and ensure the compatibility of the hardware and software will not cause any interference or disturbance to the Service.
    4. You shall not:
      1. copy, disclose, modify, reformat, display, distribute, license, transmit, sell, perform, publish, transfer or otherwise make available any of the Services or any information acquired by you while using the Services or the App;
      2. remove, change or obscure in any way anything on the App and/or the Services or otherwise use any material obtained whilst using the App and/or the Services except as set out in this Terms and Conditions; and
      3. copy or use any material from the App and/or the Services for any commercial purposes, remove, obscure or change any copyright, trade mark or other intellectual property rights in the original material, or from any other material copied or printed from the App, or obtained as a result of using the Services.
    5. You may log in to the App by any of the following manners:
      1. via network login in which you will be able to login automatically once your device is connected to Celcom’s network; or
      2. via One Time PIN (OTP) where you shall be required to log in with 4 digit verification code sent to your mobile number.
    6. You shall be able to use the App to request for a SIM replacement. SIM replacement service on the App may be used for the purpose of replacing SIM due to amongst others, lost, stolen SIM, damage, faulty, permanent block, change or upgrade of telephone.
      1. You shall not be eligible to request for a SIM replacement through the App in any of the following events:

        Postpaid customers :  
        (i)    You have been call barred; 
        (ii)    You are currently in the CapZone; 
        (iii)   You are tied with the GBshare lines.

        Prepaid customers :
        (i)    Your Prepaid account is blocked until you re-activate the account by performing a reload transaction.
         
      2. You shall be responsible to ensure that all information required for the SIM replacement service, including alternate phone number and address are accurate.
      3. You are required to activate the subscription of Celcom’s service by contacting customer service within fourteen (14) days of receipt of the SIM card. Celcom’s SIM replacement request shall be automatically cancelled if you have not activated the subscription after fourteen (14) days from receipt of the SIM card.
      4. All orders made for SIM replacement on the App shall be in accordance with these Terms and Conditions.
      5. Celcom may reject your order due to any one or more of the following non-exhaustive reasons:
        1. Celcom's inability to obtain authorization for your payment; 
        2. if there is a system or procurement failure; or
        3. if you have failed the validation checks.
      6. All payment for the request made via the App shall be deducted from your respective prepaid account or charged to your monthly postpaid bill.
  3. Your Responsibility
    1. You shall:
      1. ensure the compatibility of your Mobile Device with Celcom’s System. In the event that changes and upgrades are introduced to Celcom’s System, you shall be responsible to ensure the continued compatibility of your Mobile Device and you shall have no claim whatsoever against Celcom arising thereform;
      2. comply with all notice or instruction given by Celcom from time to time in relation to the use of the Service; 
      3. be responsible for all necessary equipments and softwares to use the Service and for the security and integrity of all information and personal data transmitted, disclosed and/or obtained through the use of the Service;
      4. be responsible for all usage of and charges imposed as a result for using the Service including but not limited to payment of all the Service’s charges and any other related charges due to Celcom in a timely manner;
      5. be fully responsible for any data transmitted or broadcasted by you or any other persons using your Mobile Device;
      6. comply with all applicable laws of Malaysia relating to the Service, including without limitation to the Communications 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; 
      7. take all reasonable steps to prevent fraudulent, improper or illegal use of the Service;
      8. cease to utilise the Service or any part thereof for such period as may be required by Celcom;
      9. report immediately to Celcom upon the discovery of any fraud, theft, loss, unauthorised usage or any other occurrence of unlawful acts in relation to the Mobile Device and its use. You agree to lodge a police report whenever instructed by Celcom and to give Celcom a certified copy of such report; and
      10. indemnify and shall keep indemnified Celcom from any loss, damage, liability or expense, 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 Content transmitted, received or stored via the Service or part thereof and for all other claims arising out of any act or omission of your or any unauthorised use or exploitation of the Services or part thereof.
    2. You shall not use the Service:
      1. to cause embarrassment, distress, annoyance, irritation, harassment, inconvenience, anxiety or nuisance to any person;
      2. to cause excessive or disproportionate load on the Service or Celcom’s System;
      3. for any unlawful purposes including but not limited to vice, gambling or other criminal purposes whatsoever or for sending to or receiving from any person any message which is offensive on moral, religious, communal or political grounds, or is abusive, defamatory or of an indecent, obscene or menacing character;
      4. for any purpose which is against public interest, public order or national harmony;
      5. to use, to permit or to cause the Service improperly or for any activities which shall breach any laws, infringe a third party’s rights, or breach any directives, content requirements or codes promulgated by any relevant authority including activities which will require Celcom to take remedial action under any applicable industry code or in a way interferes with other users or defames, harasses, menaces, restricts or inhibits any other use from using or enjoying the Service or the internet; or
      6. to transmit or post any content that contains any harmful, damaging or destructive programs.
      7. to receive, access or transmit any content which is obscene, pomographic, threatening, racist, menacing, offensive, defamatory, in breach of confidentiality, in breach of any intellectual property rights (including copyright) or otherwise objectionable or unlawful;
      8. to evade user’s authentication or security of any host, network or account (referred to as "cracking" or "hacking") nor interfere with Service ofother users, 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 App 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 shall 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;
      9. the Services to advertise or offer to sell any goods or services for any commercial purpose without Celcom's written consent;
      10. to 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 App 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. You acknowledge that chat, discussion groups 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.
    4. In the event of any information provided by you is wrong, 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 App.
  4. Celcom’s Rights
    1. Celcom reserves the right to make any amendment or changes to the Service, or any part thereof, or suspend the Service or any part thereof with prior notice to you and Celcom shall not be liable for any loss or inconvenience to you resulting therefrom.
    2. Celcom reserves the sole and absolute right to withdraw, amend, omit and/or vary any part or whole Terms and Conditions upon prior notice to you through the Sites or other means of notification including SMS, OCS or in-app notification.

      You may refer to the Celcom’s website for any changes in these Terms of Conditions. Your use of/access to the App after the effective date of any variation, addition or amendments to these Terms and Conditions shall constitute your unconditional acceptance of such variations, additions or amendment.
    3. Unless otherwise stated, you agree that Celcom may send you notifications in relation to the promotional and marketing activities from time to time. You may opt out from receiving any promotional or marketing messages from Celcom by sending the respective short code from which the promotional or marketing messages originate. 
    4. Celcom may extract any details or Personal Information or any other data from you which is required to be used as evidence in court and/or when necessary in the event of a suspected and or proven misuse of the Service.
    5. Celcom may run campaigns/contest or promotions in relation to the Service as may be notified to you from time to time. You agree that your participation in such campaign/contest/promotion shall be subject to the specific terms conditions of such campaign/contest/promotion.
  5. Personal Information
    You agree that by using the Services and App, you are giving consent to Celcom that the information collected by Celcom from you (“Personal Information”) will be used and/or disclosed in accordance to our Privacy Notice as posted on Website and Personal Data Protection Act 2010. You shall read our Privacy Notice to understand your rights with regards to your Personal Information on https://www.celcom.com.my/legal/privacy-policy (subject to change).  
  6. Proprietary Rights
    1. All trademarks used in the App and/or the Services are the trademark of Celcom.
    2. You acknowledge and agree that the Services and the App 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 proprietary rights and laws. All rights are expressly reserved.
    3. You are allowed to use the App and the Services in the specific manners as set out in these Terms and Conditions, and nothing in the App and/or the Services shall be construed as conferring any licence or other transfer of rights of any Celcom’s intellectual property to you
  7. Charges
    1. Celcom reserves the right to impose any charges, fees or subscriptions (“Charges”) for access to the App or for the use of the Services. Services may be chargeable as indicated on the App and in any accompanying Terms and Conditions.
    2. The Charges can be paid by you via any of the following manners;
      1. by deducting from your prepaid account; 
      2. via monthly postpaid bill;
      3. via credit or debit cards listed on the App; 
      4. via online banking; or
      5. via reload PIN.
    3. You need to have a mobile device with Android or iOS operating system to access the App and the Services on the Internet.  You shall be charged  for your local call and data charges at the rates published by the telephone operator with whom you make your local calls, and/or any other internet access to which you may be subjected to. In the event where 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 of the App.
    4. Step Down Charging (if applicable)
      Celcom may impose step down charging for specific content as may be notified by Celcom to you from time to time subject to the term and conditions to of such content. For the avoidance of doubt, the validity period of such content, the number of contents may vary due to the stepdown charging.
    5. In the event the service(s) or product(s) under these Terms and Conditions is taxable pursuant to any applicable laws or regulations including but not limited to the Malaysian Sales and Services Tax (“Applicable Tax”), then Celcom reserves the right to levy the Applicable Tax at the prescribed rate and you agree to pay the amount of the Applicable Tax. The Applicable Tax will be reflected in the your postpaid bill or deducted from your prepaid account, where applicable.
       
  8. Disclaimer
    1. This Service is provided on an “as is” and “as available” basis. Celcom disclaims all liability and makes no express or implied representation or warranties of any kind in relation to the Service including but not limited to:
      1. availability, accessibility, timeliness and uninterrupted use of the Service; and
      2. sequence, accuracy, completeness, timeliness or the security of any data, Content or information provided to you as part of the Service.
  9. Celcom’s Liability
    1. Celcom shall not be liable for any costs, loss or damages (whether direct or indirect), or for loss of revenue, loss of profits or any consequential loss whatsoever as a result of your usage of the Service.
  10. Liability for App
    1. It is your sole responsibility to use the App and the Services in the way that is suitable for your purposes. The App and in particular, Charges are periodically updated and you shall check the App and the Services regularly to ensure that you have the latest information on the App. 
    2. Neither Celcom, nor any of its employees, members of the Celcom’s affiliates, their suppliers, 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 App.
  11. Liability for Third Party 
    1. The App may contain links to Celcom’s website, third party’s web pages and you agree that upon your use of each website, webpage and service shall be subjected to the terms and conditions, if any, contained within each website or webpage or attached to any products or services of these third parties. These Terms and Conditions shall be deemed to be incorporated into each set of the terms and conditions therein. 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.
    2. Unless expressly stated herein, Celcom disclaims any responsibility for terms and conditions published by third parties that is included in the App and the Services or which may be directly linked to and from the App.
    3. The App and/or the Services may redirect you to another websites, resources and/or networks worldwide. Celcom disclaims any responsibility for the content, services or otherwise in respect of these, and you agree to conform to the terms of use of such websites, resources and/or networks.
    4. You agree that Celcom is not required to monitor or edit the use of the App and the Services and Celcom is excluded from all liability of any kind arising from the use of the Services. Notwithstanding the foregoing, Celcom reserves the right to edit or remove any Services, at any time as Celcom deems necessary, in order to prevent any breach of these Terms and Conditions or any breach of applicable laws or regulations. 
  12. Exclusion of Liability
    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 be limited or excluded by applicable law.
    2. Celcom shall use its reasonable endeavours to ensure the maintenance and availability of the App and the Services, subject to your equipment, other communications networks, network congestion or access to the internet at the same time or other causes of interference, and may fail or require maintenance with notice.
    3. Neither Celcom nor any member of Celcom’s affiliates 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 App 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:
      1. use which you make of the App and the Services, or reliance on Services, or any loss of any Services resulting from delays, non-deliveries, missed deliveries, or service interruptions; and
      2. defects that may exist for any costs, loss of profits 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 App and the Services at any time.
    4. All conditions or warranties may be implied or incorporated by law into thes Terms and Conditions, or otherwise are hereby expressly excluded, to the extent permitted by law.
    5. In the event that you are not satisfied with the App, you can choose to discontinue using the App by logging out and uninstall the App from your mobile device. However, you are required to unsubscribe from each particular Service independently through other channels provided for the Service if you want to discontinue using the respective Service.
    6. Celcom shall ensure the security of your communications, subject to any  reasons beyond our control, where your communications may be unlawfully intercepted or accessed by those other than the intended recipient. Your communications may pass over third party networks which we have no control over. There may be unwanted programs or materials downloaded without your knowledge, which may provide access and information stored on your mobile phone to any unauthorised persons. 
  13. Variation
    1. Celcom reserves the right to modify the App and/or the Services, or suspend or terminate the App and/or the Services, or access to part or all of them at any time with prior notice.
    2. Celcom reserves the right to revise these Terms and Conditions at any time. Such variations shall become effective after being posted on the Website. By continuing to use this Service and App, you will be deemed to accept the varied Terms and Conditions.
  14. Indemnity
    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 App 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 App and the Services or provision of Content, or your breach or non-observance of any of these Terms and Conditions.
    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.
  15. Matters Beyond Celcom’s Control
    1. Celcom shall not be liable for any failure to perform its obligations herein which is caused by an act of God, insurrection or civil disorder, military operations or act of terrorism, all emergency, acts or omission of Government, or any competent authority, labour trouble or industrial disputes of any kind, fire, lightning, subsidence, explosion, floods, acts or omission of persons or bodies for whom Celcom has no control over or any cause outside Celcom’s reasonable control.
    2. Notwithstanding Clause 16.1 above, you shall remain liable to pay all fees and charges which are outstanding and/or due and payable to Celcom.
    3. The Service may occasionally be affected by interference caused by objects beyond Celcom’s control such as buildings, underpasses and weather conditions, electromagnetic interference, equipment failure or congestion in Celcom’s System or telecommunication systems. In the event of such interference, Celcom shall not be responsible for any inability to use or access the Service, interruption or disruption of the Service.
  16. Severability and Effect of these Terms and Conditions
    If any of the provisions of these Terms and Conditions becomes invalid, illegal or unenforceable under any applicable law, the legality and enforceability of the remaining provisions shall not be affected or impaired in any way and such invalid, illegal or unenforceable provision shall be deemed deleted.
  17. Monitoring/Recording of Communications
    Celcom shall, to the extent permitted by law, monitor and/or recordyour calls, emails, text messages or other communications 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 to prevent or detect any crime.
  18. Processing your Instructions
    1. You shall request and authorise us to rely and act upon all 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.
    2. An instruction will only be accepted by Celcom if you have passed through either one (1) of the following security criteria:
      1. Login to the app with OTP (One Time Password) with 4 digits of verification code;
      2. Authentication using OTP before completing a purchase;
      3. Bank validation for payment via credit card / FPX.
    3. You agree that Celcom shall only proceed with your instruction in the App if all criteria for authorization in Clause 19.2 above have been fulfilled. 
    4. We will make reasonable efforts to process any instruction requested by you as Customers, but we shall not be liable for any failure to comply with such  request unless it is due to Celcom's failure to make reasonable efforts to do so.
    5. You must ensure that any instruction given via the App is accurate and complete, and we are not liable for any loss and damages suffered by you in the event of inaccurate information.
    6. A transaction being carried out is not always simultaneous with an instruction being given. You acknowledge that there are certain instructions which may only be processed during normal working hours, regardless of the accessibility time.
    7. You shall 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.
  19. Profligate Use
    Profligate use of the Celcom’s network is strictly prohibited. Any applications which transmit live video, live audio or make similar traffic demands across the Celcom’s network by whatever means, unless provided by Celcom, shall constitute profligate use of the Celcom’s network. Use of IP Multicast, other than by means provided and co-ordinated by Celcom is also prohibited.
  20. Termination
    1. Celcom may suspend, vary or terminate the Services and the App with prior notice (case by case basis) at any time, for repair or maintenance work, to upgrade or update the App and the Services, or for any other reason whatsoever.
    2. Celcom may terminate the Services or your access to the App forthwith on breach of any of these Terms and Conditions by you, including without limitation, late payment or non-payment of Charges due, or if Celcom ceased to offer the App and the Services to you for any reason whatsoever.
  21. Customer Service
    You may address your queries or complaints in relation to the Service via the following:
    1. Message us on Celcom Facebook, https://www.facebook.com/celcom/
    2. Xpax Facebook, https://www.facebook.com/xpaxfb/
    3. *123# from abroad
  22. General    
    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 exclusive jurisdiction of the Malaysian courts.
    2. Waiver
      Celcom's failure to exercise any particular rights or provisions under these Terms and Conditions, shall not constitute a waiver of such rights or provisions, unless acknowledged and agreed to by Celcom in writing.
    3. Representations
      You acknowledge and agree that 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 the Terms and Conditions or not) other than as expressly set out in the Terms and Conditions as a warranty. Nothing in this Clause shall, however, operate to limit or exclude any liability for fraud. 
    4. Assignment
      You  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 any part thereof. Breach of these Terms and Conditions will result in the Services being terminated by Celcom with prior notice. Celcom may assign these Terms and Conditions in whole or in part to any third party at its sole and absolute discretion.

Celcom Online Shop

This Service (as hereinafter defined) is made available by Celcom Mobile Sdn Bhd (Company No. 27910-A) ("Celcom") subject to the terms and conditions herein and the terms and conditions of the relevant Celcom Service (if applicable). You acknowledge that you have read and fully understood these Terms and Conditions. Your use of the Service, upon Activation, constitutes unconditional acceptance to be bound by these Terms and Conditions as may be amended from time to time. You must ensure that any person you all allow to use the Service complies with these Terms and Conditions.

Part A: General Terms and Conditions

  1. Definitions
    For the purpose of these Terms and Conditions, the following terms shall, unless the context otherwise requires, have the meanings as defined below. All other terms not defined herein shall have the meaning as may generally be accepted within the industry based on the context used herein:
     
    "Account" means an account opened for you with Celcom for subscribing to the Service as provided at the Web Portal;
    "Activation" or "Activated" means the point in time when the Service is activated;
    "Agreement" means this Terms and Conditions and all subsequent amendments and variations to the Terms and Conditions;
    "Blue Cube Outlets" means Celcom Blue Cube outlets within Malaysia;
    "Celcom" means Celcom Mobile Sdn Bhd (Company No. 27910-A);
    "Celcom Service" means the mobile telecommunication services to be provided by Celcom to you pursuant to your subscription.
    "Charges" means the price payable by you for the Products displayed on the Web Portal including the respective courier charges;
    "Customer Service" means Celcom's customer service which can be contacted by dialing 1111 from the Customer's mobile phone;
    "Device" means tablets, mobile phone and PortaWiFi;
    "FPX" means Financial Process Exchange which is a method of payment for purchasing the Products;
    "IMEI (International Mobile Equipment Identity) number" means a 15- or 17-digit code that uniquely identifies a Device.
    "Online Customer Service (OCS)" means Celcom's online customer service at www.celcom.com.my;
    "Payment Method" means payment for the purchase of the Products via credit card or FPX as provided by a bank or a financial institution in Malaysia which limited to:
    a) Maybank;
    b) CIMB Bank;
    c) RHB Bank;
    d) Public Bank;
    e) Hong Leong Bank; or
     f) Bank Islam
     
    "Personal Information" means the information collected by Celcom for you for the purpose of the registration of the Service as prescribed under Clause 3.1 of Part A below;
    "Product(s)" means the Products made available at the Web Portal including but not limited to Celcom postpaid plan, Celcom postpaid device bundle and mobile devices;
    "Service(s)" means the Celcom Online Shop service via the Web Portal, the contents of the Web Portal which enables you to purchase the Products or any additional service as may be notified by Celcom to you from time to time;
    "User ID" means the username used to access the online shop on the Web Portal;
    "Web Portal" means https://www.celcom.com.my
    "Working Days" means save for the states of Kedah, Terengganu and Kelantan, Mondays to Fridays (half day) excluding public holidays and Sundays. In relation to the states of Kedah, Terengganu and Kelantan, Saturdays to Wednesday and Thursday (half day), excluding public holidays and Fridays;
    "You" or "Your" means refers to the person authorised to use the Service subject to this Terms and Conditions herein and/or an entity of whatsoever description including but not limited to a sole proprietorship, a partnership, a body corporate or otherwise governmental bodies and agencies of any kind established under the laws, rules and/or regulations for the time being in force and which may come into force;
     
  2. Period of Agreement
    1. This Agreement shall take effect from the Activation date of your Account or from the date of your purchase of the Products, as the case may be and shall continue to be in force until terminated in accordance with these Terms and Conditions.
       
  3. Service
    1. If you are a non-Celcom customer, you may use the Service by performing the following steps for registration:
      1. Providing the following details on the Web Portal:
        1. e-mail address;
        2. User ID; and
        3. Password
      2. Once the registration is complete, a verification e-mail will be sent to your e-mail account. You will be required to verify your registration within 24 hours in order for you to use the Service.
      3. Once you have verified the registration, your Account will be Activated.
         
  4. Your Responsibility
    1. You shall:
      1. provide accurate and complete information to Celcom and inform Celcom immediately of any changes in any particulars of your Personal Information;
      2. only use the Service for the purpose for which it is subscribed;
      3. comply with all notice or instruction given by Celcom from time to time in relation to the use of the Service;
      4. be responsible for all equipment and software necessary to use the Service and also for the security and integrity of all information and data transmitted, disclosed and/or obtained through the use of the Service;
      5. acknowledge that Celcom does not check the content or information available from the Service and the Celcom is not liable for any loss or damages suffered by you or any other person as a result of using information obtained using from the Service, including but not limited to, any damage to or loss of data caused by a virus or similar program;
      6. agrees, consents, allows and has no objection to Celcom extracting Personal Information or any other data required to be used as evidence in court and/or when necessary in the event of a suspected and or proven misuse of the Service for you commercial gain purposes;
      7. be responsible for all usage of and charges for the Service including but not limited to payment of all the Service charges and any other related charges due to Celcom pursuant to these Terms and Conditions in a timely manner;
      8. keep your User ID and password confidential at all times and not release the same to any person;
      9. be solely responsible and liable for any use and misuse of your User ID, your password and for all activities that occur under your User ID;
      10. immediately notify Celcom of any unauthorized usage of the User ID or password, or if you know or suspect that the User ID or password has been lost or stolen, has become known to any other person, or has been otherwise compromised;
      11. comply with the provisions of these Terms and Conditions;
      12. comply with all applicable laws of Malaysia relating to the Service, including without limitation to the 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
      13. take all reasonable steps to prevent fraudulent, improper or illegal use of the Service;
      14. cease to utilise the Service or any part thereof for such period as may be required by Celcom; and
      15. indemnify and shall keep indemnified Celcom from any loss, damage, liability or expense, 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 content transmitted, received or stored via the Service or part thereof and for all other claims arising out of any act or omission of your or any unauthorised use or exploitation of the Services or part thereof.
         
    2. You shall not:
      1. use, display, mirror or frame the Web Portal , or any individual element within the Web Portal, Celcom's name, any Celcom trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Celcom's express written consent;
      2. access, tamper with, or use non-public areas of the Web Portal, Celcom's computer systems, or the technical delivery systems of Celcom's providers;
      3. attempt to probe, scan, or test the vulnerability of any Celcom system or network or breach any security or authentication measures;
      4. avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Celcom or any of Celcom's providers or any other third party (including another user) to protect the Web Portal, Services or the Products;
      5. attempt to from the Web Portal or Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Celcom or other generally available third party web browsers;
      6. send any unsolicited or unauthorised advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
      7. use any meta tags or other hidden text or metadata utilising an Celcom trademark, logo URL or product name without Celcom's express written consent;
      8. use the Web Portal, Services or the Products for any commercial purpose or the benefit of any third party or in any manner not permitted by these terms of use, unless expressly permitted;
      9. forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Web Portal, Services or the Products to send altered, deceptive or false source-identifying information;
      10. attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Web Portal, Services or the Products;
      11. interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Web Portal;
      12. collect or store any personally identifiable information from the Web Portal or Services from other users of the Web Portal or Services without their express permission;
      13. impersonate or misrepresent your affiliation with any person or entity;
      14. violate any applicable law or regulation;
      15. encourage or enable any other individual to do any of the foregoing; or
      16. directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark or other proprietary notices marked on the Products or any digital rights management mechanism, device, or other content protection or access control measure associated with the Products including geo-filtering mechanisms;
      17. directly or through the use of any device, software, internet site, web-based service, or other means copy, download, stream capture, reproduce, duplicate archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Products without Celcom's prior written consent;
      18. incorporate the Products into, or stream or retransmit the Products via any hardware or software application or make the Products available via frames or in-line links without Celcom's prior written consent; and
      19. create, recreate, distribute or advertise an index of any significant portion of the Products without Celcom's prior written consent.
         
  5. Celcom's Rights
    1. Celcom reserves the right to make any alteration or changes to the Service, or any part thereof, or suspend the Service or any part thereof without prior notice and Celcom shall not be liable for any loss or inconvenience to you resulting therefrom.
    2. Celcom reserves the right at its absolute discretion, from time to time, to vary, add to or otherwise amend the terms and conditions of the Agreement or any part thereof. You will be given written notice of such amendments. Your continued use of the Service after the effective date of any variation, addition or amendments to the terms and conditions of the Agreement shall constitute your unconditional acceptance of such variations, additions or amendment.
       
  6. Personal Information
    1. You acknowledge that you are aware and give your consent to Celcom that your Personal Information will be used and/or disclosed in accordance to our Privacy Policy as posted on our website at www.celcom.com.my and the Personal Data Protection Act 2010.
       
  7. Disclaimer
    1. The content, Products and Services offered on or listed through the Web Portal are provided on an "As Is" and "As Available" basis and all warranties, express or implied are disclaimed, including but not limited to the disclaimer of any implied warranties of title, non-infringement, merchantability, quality and fitness for a particular purpose. The information and Services may contain bugs, errors, problems or other limitations. Celcom shall not be liable for your use of any information or service.
       
  8. Celcom's Liability
    1. Celcom shall not be liable to you or anyone else for any loss or injury or any direct, indirect, special, exemplary, consequential damages, or any damages whatsoever including but not limited to loss of use, data, revenue or profits, whether in action of contract, negligence or other tortuous actions, arising out or in connection with your use of the Service.
    2. The Web Portal may contain links to other websites, which are not operated by Celcom. When you activate such links, you will leave the Web Portal and Celcom has no control over, and will accept no responsibility or liability in respect of, the material on any website which is not under Celcom's control.
    3. Celcom shall not be liable for, and you agree to indemnify Celcom against all claims, losses, liabilities, proceedings, demands, costs and expenses (including legal fees) which may result or which Celcom may sustain in connection with or arising from the provision of the Service to you.
    4. Without prejudice to the foregoing, in the event of a court or tribunal holds or finds Celcom liable to you for any breach or default of Celcom, you agree that the amount of damages payable by Celcom to you shall not at any time exceed the sum of RM100.00 notwithstanding any order, decree or judgment to the contrary.
       
  9. Matters Beyond Celcom's Control
    1. Without limiting the generality of any provision in the Agreement, Celcom shall not be liable for any failure to perform its obligations herein caused by an act of God, insurrection or civil disorder, military operations or act of terrorism, all emergency, acts or omission of Government, or any competent authority, labour trouble or industrial disputes of any kind, fire, lightning, subsidence, explosion, floods, acts or omission of persons or bodies for whom Celcom has no control over or any cause outside Celcom's reasonable control.
    2. Notwithstanding the event prescribed in Clause 9.1 of Part A above, you shall remain obliged to pay all fees and charges which are outstanding and/or due and payable to Celcom in accordance with the Agreement
    3. The Service may occasionally be affected by interference caused by objects beyond Celcom's control such as buildings, underpasses and weather conditions. In the event of such interference, Celcom shall not be responsible for any inability to use or access the Service, interruption or disruption of the Service.
       
  10. Fraud Prevention
    1. In order to protect you and Celcom from fraudulent transactions, Celcom may provide your transaction-related information to a reputable third party organization to perform address verification. This address verification is intended to ensure that the "bill to" address that you provide matches your credit card address. Celcom also reserves the right, at its discretion, not to ship items ordered or purchased on this website to certain addresses.
       
  11. Proprietary Rights and Conditions
    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 on the Web Portal) 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.
    2. Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and images of third party products, services and/or locations featured on this Web Portal are in no way associated, linked or affiliated with Celcom and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this Web Portal are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the Products and services and is in no way an assertion that such Products or services are endorsed by or connected to Celcom.
       
  12. Licenses and Restrictions.
    1. Celcom grants to you a limited, non-exclusive, revocable license to access and make personal, non-commercial use of the contents of the Web Portal your adherence to the Terms and Conditions herein.
    2. 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.
       
  13. Severability and Effect of these Terms and Conditions
    1. If any of the provision of these Terms and Conditions should be invalid, illegal or unenforceable under any applicable law, the legality and enforceability of the remaining provisions shall not be affected or impaired in any way and such invalid, illegal or unenforceable provision shall be deemed deleted.
    2. The terms and conditions contained in the Agreement shall have effect only to the extent not forbidden by law. For the avoidance of doubt, it is hereby agreed and declared in particular, but without limitation, that nothing herein shall be construed as an attempt to contract out of any provisions of the Consumer Protection Act 1999, if and where the said Act is applicable.
       
  14. Governing Law
    1. The Agreement shall be governed and construed in accordance with the laws of Malaysia, excluding conflict of law rules. Parties agree to submit to the exclusive jurisdiction of Malaysian courts.
    2. Subject to Clause 14.1 of Part A above, this Agreement is subject to the Communications and Multimedia Act 1998 ("Act") and any applicable subsidiary legislation, rules and regulations. This Agreement shall also be subject to the directives and orders of the relevant regulatory authority and to the terms and conditions of the license(s) granted to Celcom under the Act.
       
  15. Notices
    1. All official bill statements, notices, requests, notice of demands, writ of summons, all other legal process and/or other communications/documents to be given by Celcom to you under the Agreement will be in writing and sent to your last known address and/or published in national newspapers in the main languages, published daily and circulating generally throughout Malaysia, as the case may be.
    2. All notices, requests, notice of demands, writ of summons, all other legal process and/or other communications/documents to be given by you to Celcom under the Agreement must be in writing and sent to the following address: Celcom Mobile Sdn Bhd, 6th Floor, Menara Celcom, No. 82, Jalan Raja Muda Abdul Aziz, 50300, Kuala Lumpur or such address as notified in writing by Celcom to you.
    3. All official statements, notices, requests, notice of demands, writ of summons, all other legal process and/or other communications/documents given by Celcom to you pursuant to this clause shall be deemed to have been served if:-
      1. sent by registered post, on the second Working Day after the date of posting irrespective of whether it is returned undelivered;
      2. sent by ordinary post, on the fifth Working Day after the date of posting irrespective of whether it is returned undelivered;
      3. hand delivered, upon delivery;
      4. sent by facsimile, upon successful completion of transmission as evidence by a transmission report and provided that notice shall in addition thereon be sent by post to the other party; or
      5. published in national newspapers in the main languages, published daily and circulating generally throughout Malaysia in respect of any change in the Services, terms of the Agreement or charges.
         
  16. Assignment
    1. You are not permitted to assign or novate any or part of their rights or obligations under the Agreement to any party, without the prior Celcom's prior written consent.
    2. Celcom may assign or novate all or part of the Agreement to any third party by notice to you without your prior consent and you agree to make all subsequent payments (if applicable) as instructed in such or further notice.
       
  17. Indulgence and Waiver
    1. No delay or indulgence by Celcom in enforcing any provision of the Agreement nor the granting of time by Celcom to you shall prejudice the rights or powers of Celcom nor shall any waiver by Celcom of any breach constitute a continuing waiver in respect of any subsequent or continuing breach.
       
  18. Suspension and Termination
    1. You may at any time terminate the Agreement by giving Celcom prior written notice. The Service shall be deemed terminated within four (4) Working Days from receipt of the termination notice by Celcom.
    2. Celcom reserves the right to cancel, withdraw, terminate or suspend the Service for any reason whatsoever at its sole discretion by way of a notice to you. You agree that Celcom shall not be liable to you or to any other party for such cancellation, withdrawal, termination or suspension.
       
  19. Miscellaneous
    1. No rule of construction or interpretation shall apply to prejudice the interest of the party preparing the Agreement.
    2. The Agreement constitutes the entire agreement between the parties concerning the subject matter herein and supersedes all previous agreements, understanding, proposals, representations and warranties relating to that subject matter.
    3. Those clauses which by their nature would survive the termination of the Agreement shall so survive.
    4. Time wherever referred to in this Agreement shall be of the essence.
    5. The Agreement shall be binding on and shall inure for the benefit of each party's permitted assigns, successors in title, personal representatives, executors and administrators.
    6. You shall bear all stamp duty, service tax charges, and any other cost or charge imposed by law in connection with the preparation of the Agreement and/or the provision of the Services.
    7. You shall immediately inform Celcom in writing of any change of address and/or employment or business.
    8. Words importing the singular number include the plural number and vice versa.
    9. Words importing the masculine gender include feminine.
    10. An expression importing a natural person includes any company, partnership, joint venture, association, corporation or other body and any governmental agency.
    11. Notwithstanding anything to the contrary, you hereby agrees to be bound by the terms of service, policies and procedures and/or any variations, additions or amendments made thereto, as may be determined by Celcom at any time.

Part B: Specific Terms and Conditions for the Celcom Online Shop Service

  1. Product Availability and Description
    1. The Products offered for sale on the Web Portal contains descriptions that are provided directly by the respective merchants of such Products. Celcom does not represent nor warrant that such descriptions are accurate or complete.
    2. Once a Product is sold out, notification on the unavailability of the Product will be made on the Web Portal at the earliest opportunity.
    3. The Charges displayed on the Web Portal may change from time to time without prior notice to you.
    4. All Products sold are subject to availability. As there may be a delay between the time when you place an order on the Web Portal, and the time when the order is accepted, the stock position relating to particular Products may change. If a Product that you order becomes out of stock before Celcom accepts the order, Celcom shall notify the you as soon as possible and you may not be charged for the out of stock Products.
    5. If you are purchasing a Celcom postpaid device bundle or subscribing to Celcom postpaid plan via the Web Portal, you shall be required to (i) verify your subscription to Celcom Service upon the delivery of the Product; and/or (ii) activate your subscription to Celcom Service by contacting Customer Service within twenty four (24) hours of receipt of your SIM card. Your subscription shall be automatically activated if you have not activated your subscription by contacting Customer Service after ten (10) days from receipt of your SIM card.
    6. By purchasing a postpaid device bundle together with subscription of the relevant Celcom Service, you agree to be bound by the terms and conditions of the relevant Celcom Service that you subscribe to.
       
  2. Charges
    1. You shall be charged for each purchase of the Products based on the respective Charges prominently displayed at the Web Portal.
    2. The Charges shall be charged to your preferred method of payment as indicated by you while you checkout at the Web Portal.
    3. Notwithstanding the Charges imposed in Clause 2.1 of Part B above, you shall be charged with:
      1. standard shipping and handling charges prescribed by Celcom at the point of purchase and shall be payable by you in accordance with Clause 2.2 of Part B; and
      2. data or standard charges for any actions beyond the Service (including but not limited to browsing beyond the Service's site and downloading the Products).
         
  3. Payment Methods
    1. Celcom only accepts payment via the Payment Method in Malaysian Ringgit for the purchase of a Product.
    2. Celcom will take all reasonable care, in so far as it is in Celcom's power to do so, to keep the details of the your purchase and payment secure, but, in the absence of negligence on Celcom's part, Celcom will not be liable for any loss that you may suffer if a third party procures unauthorised access to any data that you provide when accessing or ordering from the Web Portal. The Web Portal uses industry standard Secure Sockets Layer (SSL) technology to provide encryption of personal information such as your name, address and credit card details.
    3. By making an offer to buy a Product, you specifically authorise Celcom to transmit information (including any updated information) or to obtain information about you from third parties from time to time, including, but not limited to, your credit card number or credit reports, to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.
    4. Customer must be the legitimate holder of the bank account for the Payment Method used for the purchase of a Product. If Celcom suspects that the Customer is making a purchase via the Web Portal using an unauthorized Payment Method, Celcom shall have the absolute right to suspend or terminate the Customer's purchase.
    5. In the event that the Payment Method is rejected by the issuing bank or financial institutions, Celcom shall not be liable for any claims, demands, disputes or losses resulting from the rejection.
       
  4. Order process
    1. All orders that you place on the Web Portal shall be to acceptance in accordance with these Terms and Conditions.
    2. Celcom may not accept your order due to any one or more of the following non-exhaustive reasons:
      1. the Products that you ordered is out of stock;
      2. Celcom's inability to obtain authorisation for your payment;
      3. Celcom has identified a pricing or Products description error;
      4. there is a system or procurement failure; or
      5. if you have failed validation checks.
    3. Upon successful payment, Celcom shall send you an acknowledgement via e-mail detailing the Products that you ordered within 24 hours.
    4. Celcom shall notify you via e-mail that the Product you have purchased has been dispatched. Celcom reserves the right to dispatch multiple Products separately.
       
  5. Misprint and Errors, Prices and Orders
    1. Celcom endeavours to provide current and accurate information on the Web Portal. Nevertheless, misprints and other errors may occur. Accordingly, Celcom reserves the right to change the prices, fees and charges of the Products made available via the Web Portal at any time and from time to time without any notice or liability to you or any other person.
    2. Celcom will take all reasonable care to ensure that all details, prices, photographic representations and descriptions of products appearing on the Web Portal is correct at the time when the relevant information was entered onto the system. Celcom has made every effort to display as accurately as possible the appearances, colours, textures or finishes of the Products that appear on the Web Portal. What you see will depend on your monitor and computer equipment, Celcom is therefore unable to guarantee that the product images are an accurate representation of the actual merchandise. You may refer to Clause 9 of Part B if you are unhappy with your purchase.
    3. Celcom may correct errors or inaccuracies and change or update information on the Web Portal at any time without notice, including in respect of prices and availability of the Products.
    4. All prices listed on this Web Portal shall be subject to confirmation. Celcom may notify you via e-mail if the confirmed price of a Product that you selected differs from the price listed on the Web Portal.
       
  6. Purchase
    1. You may purchase the Products from the Web Portal. However, you may not cancel the purchase of the Products once payment has been made.
    2. To purchase any Products in the Web Portal, you must be in the age of majority which is 18 years old by law.
       
  7. Export Restrictions
    1. Celcom will deliver the Products to addresses within Malaysia only. Products will not be delivered internationally.
       
  8. Shipping Policy
    1. You hereby agree and understand that:
      1. All deliveries of the Products will be made by Celcom fulfillment partner or any other courier service provider as may be appointed by Celcom from time to time and Celcom is unable to control their delivery times;
      2. Celcom will use commercially reasonable efforts to deliver the Products as quickly as possible and within any time periods indicated;
      3. Once the Product is dispatched, you will receive in your e-mail account an order number to track status of your delivery. Alternatively, you may also enquire about the status of your order at the Web Portal;
      4. all parcels will be delivered by courier to the address which you have indicated in your order confirmation. Third party collection of the Products is not allowed. Upon delivery, you are required to produce your NRIC, passport or any other identification document for verification of identity, failing which you may not collect the Products on delivery;
      5. shipping address cannot be changed once the Products are shipped;
      6. it is important that you provide accurate shipping address. Celcom shall not be held liable for the delivery to a wrong address due to incorrect information provided by you;
      7. Products not delivered after three (3) failed delivery attempt will be returned to the courier agency collection centre and Customer must arrange for self-collection within 7 days. Additional delivery fee may be imposed by Celcom's fulfillment partner if additional delivery is required;
      8. All Products not delivered, uncollected and unclaimed by you after 7 days will be returned to Celcom warehouse and no refund will be given;
      9. Shipping charges are determined by the Product's packing size, weight and delivery location; and
      10. Risk of loss and damage of Products passes to you on the date when the Products are delivered to you.
         
  9. Warranty and Claims
    1. Claims
      1. If the Device is defective upon receipt or "dead on arrival" (DOA), you must within twelve (12) hours of receipt make a report to Customer Service and Customer Service will direct you to the nearest Blue Cube Outlet to confirm the defect.
      2. If there is a defect on the Device (other than DOA), you must within twelve (12) hours of receipt make a report to the Customer Service and return the Device to the relevant manufacturer's service centre for repair.
      3. You must produce the original receipt and Device with its full original packaging, accessories including any retail box, manuals, cables etc. to the relevant Blue Cube Outlet or manufacturer's service centre.
    2. Warranty
      1. All the Products sold on the Web Portal is subject to the relevant manufacturer's warranty.
    3. Any warranty or claim is void if:
      1. the damage to the Device is a result of negligence or misuse;
      2. there is unauthorized substitution of software on the Device;
      3. there are repairs, modification or disassembling by unauthorized person(s) on the Device;
      4. the IMEI number on the handset label is removed, altered, defaced and not identical to the on-screen IMEI number; and
      5. the IMEI number on the device is invalid or non-readable.