Yoodo General Terms and Conditions (“GTC”)
Yoodo is an independent mobile service owned and operated by Celcom Mobile Sdn Bhd (Company No. 197601002188 (27910-A)) ["Yoodo"].
By subscribing to any Yoodo services (“Service”), the Customers acknowledges that they have read and fully understood these GTC, including but not limited to Privacy Notice and any other policies as advised by Yoodo from time to time. A Customer’s use of the Service, upon Activation, constitutes unconditional acceptance of these GTC (as may be amended from time to time).
In the event of any inconsistency between the English version and the Bahasa Malaysia version of these GTC, the English version shall prevail.
Definitions
For the purpose of GTC, the following terms shall, unless the context otherwise requires, have the meanings as defined below. All other terms not defined shall have the meaning as accepted within the industry based on the context used herein:
| Account | means an account opened for the Customer with Yoodo (and/or its subsidiaries) upon subscription to the Service. |
| Activation or Activated | means the point in time when the Service is activated in Yoodo’s System. |
| Additional SIM Card | means the additional SIM Card subscribed by the Customer. |
| Agreement | means the completed Online Registration Form and these GTC including any addendum or subsequent amendments or variations. |
| Content | means any contest, java games, information, text, sound, music, software, photographs, videos, graphics, data messages or other materials received by the Customers including but not limited to VAS.
The Content provided by Yoodo via VAS may be provided by Yoodo or third parties. Yoodo does not filter or edit the Content. Customers acknowledge that Yoodo is under no obligation to censor the Content or information provided even if it is co-branded or promoted by Yoodo. By using VAS, Customers acquire no rights or interests to the Content and Customers agree not to distribute the Content to third parties. |
| Customer(s) | means the person aged twelve (12) years (with MyKad) and above and authorized for using the Service subject to the 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 of its domicile for the time being in force and which may come in force more particularly described in the registration agreement. |
| Donor Network Operator or DNO | means a mobile service provider from which a Mobile Number has been or is to be ported out. |
| Mobile Device | means a wireless device together with accessories for the use of the Service. |
| Mobile Number | means the mobile number assigned to you by Yoodo. |
| Mobile Number Portability or MNP | means your ability to change from one mobile service provider to another and retain your Mobile Number. |
| Recipient Network Operator | means a mobile service provider to which a Mobile Number has been or is to be ported in. |
| Registration Form | refers to the Online Registration Form completed by you and approved by Yoodo. |
| Service(s) | means mobile telecommunication services to be provided by Yoodo to you pursuant to the Agreement. |
| SIM Card | means the microprocessor card provided by Yoodo which is inserted into the Mobile Device and contains a personal identification number (PIN) for access into the Service. |
| SKMM | means Suruhanjaya Komunikasi dan Multimedia Malaysia also known as the Malaysian Communications and Multimedia Commission, established under the Communication and Multimedia Commission Act 1998. |
| Terms and Conditions | means the GTC and the specific terms and conditions of each Service as may be varied or modified from time to time at Yoodo’s sole discretion. |
| Value Added Service or VAS | means additional functions, features or facilities which are currently available or will be made available by Yoodo from time to time and may be subscribed to and/or used by you in connection with the Service to enable you to access and use information, data, content, WAP and other interactive applications and/or services over the internet and/or intranet. |
| Yoodo Credits | means the sum of money deposited by Customer in his/her account to be used as a payment method for Yoodo transactions. |
| Yoodo Points | means the points earned by the Customer through Refer-2-Earn programs and the points can be utilized as payment method for Yoodo transactions. |
Period of Agreement
- This Agreement shall take effect from the Activation date of the Service and shall continue to be in force until terminated in accordance with these GTC.
- By executing the Online Registration Form or by using the Service, Yoodo shall have the right to use the Customer Personal Information in accordance with Privacy Notice at www.yoodo.com.my and Personal Data Protection Act 2010.
- This Agreement shall be automatically renewed for a further duration as prescribed in the Minimum Period (30 days) upon expiry of the current Minimum Period unless otherwise terminated by the Customers. For clarity, Customers shall subscribe to the Auto-Renew option.
- The Customer hereby agrees that Yoodo may change and/or migrate the Customer's existing plan subscription to another plan as Yoodo deems fit at any point of the time during the validity of this Agreement. Yoodo shall notify the Customer of the effective date of the said change and/or migration.
Billing and Payment
- Customers shall be responsible for all usage of and charges for the Service in accordance with these GTC. Customers shall be charged for the subscription of the Service in accordance with Yoodo’s prevailing pricing plan or applicable packages.
- Yoodo reserves the right to take any action it deems necessary for the recovery of unpaid charges or fees and any costs (including, but not limited to, legal costs on a Solicitor and Client basis) incurred in connection therewith shall be borne by the Customer. Yoodo also reserves the right to refuse or reject any request for a refund of the charges or fees paid to Yoodo under any circumstance, including where the request appears to be unlawful or there is suspicion to be unlawful. The Customer shall not hold Yoodo liable for such refusal or rejection in any way. In the event the Customer requests a refund, Yoodo has a right to request the Customer to provide a declaration form declaring that the Customer is not in breach of any laws.
- It is hereby agreed that a statement of account duly signed by an officer of Yoodo, shall be deemed to be conclusive evidence of the indebtedness of the Customer whether for purpose of litigation, court proceedings or otherwise and any demand, summons, other originating process, cause papers or other documents relating to any court proceedings or otherwise or letter whether sent by Yoodo or its agents, or solicitors, shall be deemed served on the Customer upon expiry of twenty four (24) hours of the posting of the same to the address specified in the Registration Form, or the last known address of the Customer, by ordinary post or prepaid registered post.
- In the event a Customer defaults on the payment of any charges as may be imposed by Yoodo and any increase in such fees and charges from time to time, including all legal fees, taxes, stamp duties and such other charges/fees as may be prescribed by Yoodo for any termination, re-registration, transfer, requisition or any recovery cost, the Customer agrees that Yoodo shall have the option to suspend or terminate all other Additional SIM of the same NRIC/Passport number without any liability to the Customer or any third party. In the event Yoodo chooses to suspend or terminate all the Customer's lines (including Additional SIM), the Customer shall continue making the payments on the commitment fees to be advised as and when by Yoodo.
The Customer may have an option to request to Yoodo by giving a notice in writing to suspend for a maximum of 60 days for one (1) time in 365 days or terminate all other Additional SIM of the same NRIC/Passport number (the "Request"). The Request made shall not stop the Customer in making the payments on the commitment fee and Yoodo shall have the right to claim for any damages and/or liability suffered (if any) arising from or in connection with the Request. - In the event that a Customer’s line is terminated for any reason, the Additional SIM of the same NRIC/Passport number shall remain active.
Auto Billing
Yoodo Points and Yoodo Credits
- Customer may earn and top up Yoodo Points through Yoodo Refer-2-Earn programs and the points can be utilized as payment method for Yoodo transactions.
- Customer may deposit sum of money in his/her account to be used as a payment method for Yoodo transactions.
- If Customer’s Yoodo Points is insufficient, Customer may utilized his/her Yoodo Credits.
- Customer may use Yoodo Points and/or Yoodo Credits to purchase Data, SMS, Voice, Power Pass, Add-Ons, IDD, RLH Passes and other telco service products via Yoodo app.
- Customer’s Yoodo Points and Yoodo Credits shall remain valid with no expiry so long as the Customer’s account has an active Yoodo line.
- Yoodo Points and Yoodo Credits are non-transferable, non-convertible to cash and not applicable for partial payment.
- If the Customer’s line is terminated after the 60 days grace period of subscription, any remaining balance in Customer Yoodo Points and/or Yoodo Credits shall have a validity of 30 days before being forfeited.
Payment
- Payment can be made via Yoodo Points, Yoodo Credits, credit or debit card (Visa, MasterCard) or other provided payment platforms.
- Payment will be charged upon SIM card order (optional), activation and auto-renewal of the service.
- For auto renewal, Yoodo Credits will be deducted if Yoodo Points is insufficient. In the event Yoodo Credits is insufficient, Yoodo shall charge the payment on Customer’s credit/debit card. Customer credit/debit card information shall be safely handled by secured payment gateway in compliance with security standards of the applicable law and rules of the Malaysian financial institutions.
- In the event that deduction from Customer’s credit/debit card failed, Customer shall be prompted via Yoodo App notification and/or email. Customer shall either change the credit or debit card details or make the necessary arrangement with his/her current bank to enable the next purchase via Yoodo app.
- Customer may request for his/her invoice via the Yoodo App and the invoice shall be emailed to the Customer.
- Customer may download his/her e-Statement anytime from the Yoodo App.
- If any supply made under these GTC is a taxable supply to which the applicable tax including but not limited to the Sales and Services Tax (“SST”) would apply (“Applicable Tax”), then Yoodo reserves the right to levy the Applicable Tax at the prescribed rate and Customers agree to pay the amount of the Applicable Tax.
Customers’ Responsibility
Yoodo’s Rights and Liability
- Yoodo reserves the right to make any alteration or changes to the Service, or any part thereof, or suspend the Service without any prior notice and Yoodo shall not be liable for any loss or inconvenience resulting therefrom.
- Yoodo reserves the right to vary, add or amend these Terms and Conditions. Any variation, addition or amendment shall be published on Yoodo’s website. Your continued use of the Service after the effective date of any variation, addition or amendment shall constitute your unconditional acceptance of the same.
- Yoodo may extract any Short Message Service (SMS) details or Personal Information or any other data 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.
- Yoodo shall not be liable for any costs, loss or damages (whether direct or indirect), loss of revenue, loss of profits and/or any consequential loss whatsoever as a result of your usage of the Service under this Agreement.
- Yoodo’s entire liability in contract or tort (including negligence or breach or statutory duty) except for death or personal injury caused by Yoodo’s negligence, shall not at any time exceed the sum of RM500.00 or the total of your charges in the three (3) months preceding the relevant event(s), whichever is lower.
SIM Card and e-SIM
Mobile Number Portability (MNP)
- MNP is the ability of the Customer to change from one mobile service provider to another mobile service provider without changing their mobile number subject to the terms and conditions herein appearing.
- A prepaid and/or postpaid Customer who wishes to port is required to submit a ‘port in’ request to Yoodo and is subject to Yoodo existing terms and conditions for new registration and to existing geographical numbering requirements.
The Customer must satisfy these prerequisite conditions for porting:
- the mobile number to be ported must be active at the time of the request;
- the Customer must provide valid identifications including, but not limited to, MyKAD, Armed Forces Identification Card and/or passport or for corporate Customers, company registration documents (for example, Form 24 and Form 49);
- the Customer must not have any outstanding and/or overdue amounts/contractual obligations with the current mobile service provider;
- the mobile numbers must be in the range of mobile numbers as approved by MCMC time to time;
- upon request, the Customer must provide all other information as required by Yoodo;
- subject always to Yoodo's terms and conditions prevailing at the time of the request as stipulated on Yoodo's website.
- The Customer who wishes to port in must adhere to the terms and conditions including the procedures and processes prevailing at the time of request to port in as outlined by Yoodo which is made available at www.Celcom.com.my or any other website designated by Yoodo from time to time.
- The Customer's request to port in shall be treated as a new application and is subject to Yoodo's terms and conditions herein contained and represent a notice to terminate any agreement that the Customer has with the current mobile service operator.
- All services associated with the ported-out mobile number provided by Yoodo will be terminated when the SIM card is deactivated.
- Any call(s) or SMS or MMS or any other means of communications initiated by the Customer to the mobile number(s) that have ported out from Yoodo will be charged as per Yoodo's standard charges applicable to inter-network communications.
- Any fees imposed by Yoodo for the porting request are not refundable in any event whatsoever.
- Yoodo shall not be responsible and/or liable for any interruption and/or delay in approving and/or providing the Service to the Customer caused by the Customer's current mobile service operator.
- The Service is provided on an "as is" basis.
- Any application of porting out (Port Out) by the Customer shall be subjected to Clause 10.4 herein, failing which the request may be delayed or rejected by Yoodo.
- Yoodo will process your application for mobile number porting within one (1) day, subject however, to the approval by the Donor Network Operator.
- You may experience service disruption during the porting in activity. If you experience any service disruption, you are advised to email Yoodo at support@yoodo.com.my. Yoodo may, upon receipt of port request from you, notify via email and/or SMS the progress of your port request.
- The mobile number that is requested for porting (i) must be within the range of mobile numbers as approved by Malaysian Communication and Multimedia Communication (SKMM) from time to time, subject however to the existing geographic numbering requirements; and (ii) is subject to the approval of the Donor Network Operator.
- Mobile Number which have been suspended, terminated, blacklisted on the defaulters database and/or barred shall not be eligible for porting;
- You hereby agree and undertake to Yoodo that you are the registered user of the mobile numbers and/or authorized principals for all the supplementary lines (if any);
- You shall ensure that the national registration identity card provided is valid and is not blacklisted from the defaulter database.
- Principal and supplementary account holders of other telco providers will be registered individually regardless of hierarchy.
- You shall ensure that the usage of your existing service does not exceed the credit limit set by your Donor Network Operator.
- You may only request for MNP if your existing service with the Donor Network Operator is not under contract. In such event, you must first terminate the contract and the cost of such termination shall be borne by you. Yoodo shall not be responsible and/or liable for any losses, damages and/or misappropriation arising from the said termination and you shall indemnify Yoodo from any liability arising thereof.
- All services including value added services (VAS) associated with your SIM and mobile numbers provided by the Donor Network Operator will be terminated upon successful MNP activation by Yoodo;
- You shall be solely responsible for all charges incurred, including but not limited to any outstanding payments and/or penalties imposed by the Donor Network Operator. Service may be interrupted in the event there is non-payment of any outstanding charges owing by you to the Donor Network Operator.
- Any remaining credit in your existing prepaid mobile number will forfeited by the Donor Network Operator upon successful activation of your Service by Yoodo;
- Yoodo may impose a fee up to a maximum of Ringgit Malaysia Twenty Five (RM25.00) for every number that you request for porting and no refund shall be made for any rejection, cancellation or withdrawal of the porting request due to any reason whatsoever.
- If the mobile number which you request for porting is not approved by Donor Network Operator for any reason whatsoever, upon resolving the matter with the Donor Network Operator, you may continue with your application for MNP, subject to any processing charges which shall be borne by you.
In the event that:
- Yoodo does not receive any instruction from you within thirty (30) days from tthe date your request for MNP is rejected by the Donor Network Operator; or
- approval from the Donor Network Operator is not obtained within twenty one (21) days from the date of your application;
Yoodo may, at its sole discretion cancel your request for MNP.
International Roaming and International Direct Dial (IDD)
- Yoodo reserves the right, without being liable to the Customer, not to provide or continue to provide or to discontinue providing the international roaming (IR) service and/or international direct dial (IDD) at any time and without assigning any reason thereof.
- International Roaming are offered in partnership with selected network operators in selected countries only (the “Participating Countries”). Yoodo reserves the right to amend the list of participating network operators and available countries at any time without notice.
- The network selection will be done automatically to the relevant participating network operators to access the roaming passes. Yoodo shall not be responsible for any increased charges and/or variant charges due to the Customer's error in selection or any other cause whatsoever.
- Roaming passes shall only be for use outside of Malaysia and the Customer agrees to abide by and be subject to all terms and conditions of use at all times and the usage terms of the Participating Countries.
- Customer shall not use the Roaming passes for commercial, non-personal or fraudulent purposes or gains. Yoodo reserves the right at any time at its absolute discretion and without any liability whatsoever to the Customer or any third party, to disconnect, interrupt, terminate, bar or suspend the roaming passes service to a Customer in the event of suspicious usage, illegal activities, suspected fraud or any other unusual activities.
- Purchase and/or use of a roaming pass shall constitute acceptance of all applicable terms and conditions.
- Balance validity period, quota or minutes under roaming passes are neither transferable nor refundable.
- Yoodo reserves the right to terminate, omit, change or amend the roaming passes and/or the governing terms and conditions at any time without prior notice.
- All and any changes or amendments to the roaming passes and any governing terms and conditions shall take immediate effect upon being published on Yoodo’s website.
- Customers are liable for all roaming charges incurred. To avoid unintended charges, Customers are responsible to disable Roaming access on their devices.
- Roaming passes shall be used for the purpose of short trips abroad or occasional temporary travelling to overseas and it is strictly not for semi-permanent or permanent usage abroad.
- Any usage of roaming services which Yoodo deems it is out of the ordinary norm of subscription including but not limited to the duration or usage or subscription of the roaming services, Yoodo shall have the rights to suspend Customer’s roaming services immediately without any notice.
- The use of roaming passes is subject to availability and terms of access of the applicable network operator. Yoodo shall not be liable for any inaccessibility, interruption, network quality or other network-related problems which may occur while roaming.
- The Customer understands and accepts that during roaming, the storage, treatment and transfer of their personal data may be subject to regulations and laws which are different from those in Malaysia.
Notices
Assignment
- Customer shall not assign or novate any or part of his/her rights or obligations under the agreement to any party, without Yoodo’s prior written consent.
- Yoodo may assign or novate all or part of the agreement to any third party by notice to Customer without prior consent.
Indulgence and Waiver
- Any failure by Yoodo to enforce any terms herein, or any forbearance, delay or indulgence granted by Yoodo to Customer will not be construed as waiver of Yoodos rights provided under this GTC.
Suspension, Termination and Account Deletion
Miscellaneous
- Representations - Customers acknowledge and agree that in entering into these Terms and Conditions Customers 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 expressely as 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.
The Service is provided on an “as is” and “as available” basis. Yoodo 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:
- availability, accessibility, timeliness and uninterrupted use of the Service; and
- sequence, accuracy, completeness, timeliness or the security of any data, Content or information provided to you as part of the Service.
The availability and speed of the Service shall be subject to the following:
- Yoodo’s network availability;
- the Mobile Device and WiFi enabled device capability, including but not limited to the coverage, location, use of the WiFi enabled device, Yoodo’s network traffic and the type of data being transmitted by Customers;
- the traffic and the volume of users using the Service; and
- Customer's connection to the Service by using a WiFi enabled device.
- Matters Beyond Yoodo’s Control: Without limiting the generality of any provision in these Terms and Conditions, Yoodo 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 Yoodo has no control over or any cause outside Yoodo’s reasonable control. Notwithstanding the above, Customer shall remain liable to pay all fees and charges which are outstanding and/or due and payable to Yoodo in accordance with the Agreement.
- The Service may occasionally be affected by interference caused by objects beyond Yoodo’s control such as buildings, underpasses and weather conditions, electromagnetic interference, equipment failure or congestion in Yoodo’s System or telecommunication systems. In the event of such interference, Yoodo shall not be responsible for any inability to use or access, interruption or disruption of the Service.
- 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.
- The Terms and Conditions shall be governed and construed in accordance with the laws of Malaysia and parties agree to submit to the exclusive jurisdiction of Malaysian courts. This Terms and Conditions is subject to the Communications and Multimedia Act 1998 and any applicable subsidiary legislation, rules, regulations, directives and/or orders.
Customer may contact Yoodo for any general enquiry about Yoodo's products and services via communications channels as below:
- Email to support@yoodo.com.my
- WhatsApp at 601156222222
- Live Chat
Web Usage Terms & Conditions
Definitions
For the purpose of Web Usage, the following terms shall, unless the context otherwise requires, have the meanings as defined below. “We” refers to Yoodo and “You” refers to Customer. All other terms not defined shall have the meaning as accepted within the industry based on the context used herein:
| Access Information | means the access information that we require from you before entering certain parts of the Sites for which you have registered, it may be a username, password, your mobile phone number or other similar recognition device. |
| Celcom Network | means the telecommunications system (including fixed line, cellular radio, internet and WAP sites) operated by Celcom or its Group of Companies. |
| 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. |
| Terms and Conditions | means the contract between Yoodo and you incorporating these terms and conditions. |
| TradeMarks | means the word or marks belongs to Celcom or its Group of Companies. |
Customer care
If you have a general enquiry about Yoodo's products and services, you can contact us via communications channels as below:
- Email to support@yoodo.com.my
- WhatsApp at 601156222222
- Live Chat
Use of content
- The services that we are providing to you via the Sites consist of the Content and the Functionalities available on the Sites or as a result of your use of the Sites ("the Services").
- 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.
- You agree that the Sites and the Services are for your own personal use only on a single computer or device.
You shall 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 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 purpose, remove, obscure or change any copyright, trademark 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.
- 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 webpage or content.
- You may establish a link or "deep link" to the Sites from your site, provided that you have obtained Yoodo 's prior written consent and that in Yoodo 's sole discretion, the context is relevant and the link or its description is not detrimental to Yoodo .
- Users who are not Yoodo ’s customers acknowledge that access to the Sites and/or the Services may be restricted at Yoodo ’s sole discretion in the interest of Yoodo ’s customers.
Your obligations:
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. You shall not (and shall not authorise or permit any other party to):
- 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;
- 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 Yoodo '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 Yoodo 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;
- use the Sites and/or the Services to advertise or offer to sell any goods or services for any commercial purpose without Yoodo 's written consent;
- 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 Yoodo or other Internet users;
- 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 Yoodo 's reputation or the reputation of any third party.
You acknowledge that chat, discussion group or bulletin board services and similar services offered by Yoodo ("Public Communication Services") are public communications. You should be cautious when disclosing personal or sensitive information or any information which may identify you. Yoodo is not responsible for, and does not control or endorse any Content of any Public Communication Services.
- If any information provided by you is untrue, inaccurate, not current or incomplete, Yoodo has the right to terminate your account and refuse any and all current or future use of the Services or access to the Sites.
Access information
Your information
Yoodo's usage of your personal information is governed by the Privacy Notice, which forms part of these Terms and Conditions.
Proprietary rights
- All Trade Marks used on the Sites and/or the Services belong to Yoodo and/or one of the Celcom Group of 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 trademarks; (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 Yoodo and/or the Trade Marks.
- You acknowledge and agree that the Services and the Sites or any part thereof, whether presented to you by Yoodo , advertisers or any third party are protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. All rights are expressly reserved.
- 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 proprietary rights of Yoodo , any member of the Celcom Group or any third party, whether by estoppel, implication or otherwise.
Costs
- Yoodo 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.
- 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.
Liability for content
- 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. 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.
- 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 Yoodo , 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.
- You acknowledge that Yoodo 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 Yoodo hereby excludes all liability of any kind for the transmission or reception of infringing Content of whatever nature.
Liability for third party content
- The Sites contains links to web sites, web pages, products and services also operated by Yoodo or the Celcom Group. 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.
- Yoodo 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.
- The Sites and/or the Services may be used by you to link into other websites, resources and/or networks worldwide. Yoodo 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.
- Subject to Clause 13, you agree that Yoodo 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 Yoodo 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, Yoodo reserves the right to edit, bar or remove any Services and/or Content, at any time as Yoodo 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.
Exclusion of liability
- Nothing in these Terms and Conditions shall act to limit or exclude Yoodo '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.
- Yoodo 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, volume of access or Internet connection at the same time or other causes of interference and may fail or require maintenance without notice.
Neither Yoodo 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, Yoodo specifically excludes all liability whatsoever in respect of any loss arising as a result of:
- 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
- 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.
- 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.
- Your only remedy under these Terms and Conditions is to discontinue using the Sites and the Services.
- Yoodo 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.
Variation
- Yoodo 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.
- Yoodo 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.
Indemnity
- You hereby agree to fully indemnify and to hold Yoodo 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 Yoodo 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 Yoodo inconsequence 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.
- You shall defend and pay all costs, damages, awards, fees (including any reasonable legal fees) and judgments awarded against Yoodo arising from the above claims and shall provide Yoodo 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.
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 Yoodo 's business purposes, such as for quality control and training, to prevent unauthorised use of Yoodo 's telecommunication systems and to ensure effective systems operation and in order to prevent or detect crime.
Processing your instructions
- 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.
- An instruction will only be accepted by us if you have passed through certain security criteria.
- 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 Yoodo’s failure to make reasonable efforts to do so.
- You must make sure that any instruction is accurate and complete and Yoodo shall not be liable if this is not the case.
- 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.
- 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.
Profligate use
Profligate use of the Celcom Network is prohibited. Yoodo 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 Yoodo , constitutes making profligate use of the Celcom Network. Use of IP Multicast, other than by means provided and co-ordinated by Yoodo is also prohibited.
Termination
- Yoodo 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.
- Yoodo 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 Yoodo ceases to offer the Sites and the Services to its customers for any reason whatsoever.
Yoodo Base Plan Terms & Conditions (“Base Plan”)
The full terms and conditions of the use of the selected products and/or services are as set out at Yoodo General Terms and Conditions ("General Terms"), including the Privacy Notice as set out at [www.Yoodo.com.my]; all of which form an integral part of full terms and conditions of the said products and/or services (collectively, the "Terms and Conditions"). The Terms and Conditions are also accessible via [Yoodo.com.my]. All terms and references used herein shall be the same as the General Terms unless otherwise defined.
Fair Usage Policy
This Fair Usage Policy ("Policy") sets out an acceptable level of conduct between Yoodo and its registered customers ("Customers") using the internet and telecommunication services provided by Celcom Mobile Sdn Bhd ("Celcom") ["Services"]. Yoodo believes that all Internet users including the Customers should be responsible in their usage and how it affects other users.
Whilst connection is "always on" for each Customer, the available bandwidth is shared by all Customers active at a particular point in time. This Policy is in place to ensure all Customers have a good experience.
Yoodo may, from time to time, change this Policy without further notice to its Customers.
Please visit our website periodically to review any changes made to this Policy.
This Policy supplements Yoodo General Terms & Conditions.
Definitions
“Customer” and “You” refer to the person subscribing to the Services or any other person authorised to use the Services subject to the 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.
“Commercial Gain” means any form of profits earned and/ or gained by the Customer directly and/ or indirectly arising from usage/utilisation of the Services with any unauthorised device or any other ways in any manner whatsoever which unfairly exploit the Services or spamming activities for the purposes of unauthorised reselling as stipulated in this Policy.
“Services” means Voice Service, Messaging Service and Mobile Internet and/or any other services which may be provided by Yoodo from time to time. “Service” refers to each of the aforementioned, respectively.
Purpose
The Services are designed as a shared service and Customer's activities will impact on other users using and sharing the same network. To ensure fairness of usage and experience to all the Yoodo’s subscribers, this Policy is designed to ensure that the Services received by the vast majority of the Customers are not negatively impacted because of extremely heavy usage and abuse by the minority of the Customers. The Customers shall not use the Services with any unauthorised device or any other ways which unfairly exploit the Services for the purposes of unauthorised reselling or Commercial Gain. In the event the Customers use the Services excessively and/or use the Services for Commercial Gain and/or goes beyond the limit of normal/allowed use, Yoodo reserves the right to inform the Customer that she/he are close to the limit set out and then, if such limit is surpassed, Yoodo reserves the right to apply further charges and/or register the Customer under another plan and/or interrupt the subscription and/or exclude him/her from the Services/offer and/or from the network, either provisionally or indefinitely, with no further notice. Yoodo shall continuously monitor the network performance and may control the identified heavy usage Customers.
Fair Usage Policy
Mobile Internet
Voice
Messaging Service
- Utilisation of Messaging Service, which includes but is not limited to short messages system (SMS) and multimedia message service (MMS), is conditional on fair usage in accordance with this Policy and/or other related terms and conditions governing the Messaging Service.
- For personal plan/package Customers, you are only to use Messaging Service for personal and non-commercial purposes and it shall not be used for Commercial Gain.
- You may not abuse or misuse Messaging Service or otherwise use any of the Messaging Service in breach of any other applicable restrictions on your use of Messaging Service under Yoodo’s General Terms and Conditions including but not limited to this Policy.
In subscribing to any Messaging Service or any plan/package which contains Messaging Service, you agree not to use Messaging Service:
- to send unsolicited electronic messages sent through various communication modes including but not limited to email, SMS regardless of existence of prior relationship between the sender and the recipient and regardless of content whether commercial, non-commercial or messages including malicious program and/or content and/or data including unsolicited messages, videos, advertising, marketing or promotional materials (“Spam”); or
- for Commercial Gain purposes; or
- for or to provide for bulk messaging and that you further agree that Messaging Service shall be used only for “person-to-person” communication; or
- to deliver messages originating from third parties to any person; or
- to send any messages which are against public interest, public order or national harmony; or
- to send, publish, post, distribute, disseminate, encourage the receipt of, uploading, downloading or using any material which is offensive, abusive, defamatory, indecent, obscene, unlawful, harassing or menacing or a breach of the copyright, trademark, intellectual property, confidence, privacy or any other rights of any person; or
- for any improper, unlawful, fraudulent or unauthorised purpose or to cause any injury, offence or annoyance to any person; or
- to use or distribute any software applications designed to harvest mobile number or email addresses or personal information or data of the recipient or any third party; or
- to host any device or provide or enable the provision of any service that allows SMS to be sent by third parties using the mobile number allocated to you or service provided by Yoodo; or
- for any purpose which violates or infringes any applicable laws, regulations, regulatory requirements, standards or codes; or
- for activities that will adversely affect the ability of users or systems to use Messaging System; or
- for any other reason that in our sole discretion violates our policy of providing the Messaging Service for individual use.
You shall use reasonable best endeavours to secure any device or network within their control against being used in breach of your obligations under this Policy by third party software that is intended to damage or disable computers and computer systems (Malware), including where appropriate:
- the installation and maintenance of antivirus software;
- the installation and maintenance of firewall software; and
- the application of operating system and application software patches and updates.
You can reduce the amount of Spam received if you:
- do not open SMS or MMS from dubious sources;
- do not accept Spam-advertised offers;
- report any Spam received; and
- avoid becoming an accidental Spammer by replying the SMS and/or MMS or clicking on dubious links.
Violation of the Policy
Volume Allocation
- You will enjoy the Services depending on the plans or package you purchased.
- Notwithstanding the above, if you fail to receive any notification from Yoodo, Yoodo will still proceed to manage your Services if you have exceeded your volume allocation. Therefore, you must take the necessary measures to constantly monitor its usages in addition to the volume when accessing and using the Services.
- You must submit accurate and updated personal details to Yoodo, which includes the mobile phone number, e-mail address and other information deemed necessary by Yoodo to receive the above said notifications.
- Yoodo reserves the right to review upwards or downwards the volume allocation depending on the plans without prior notice. Nevertheless, such reduction or restrictions will not limit or stop your activities or usages of the Services.
- The Internet volume calculation shall take into consideration of ALL activities carried out by you including those knowing or unknowingly done under the Services.
Unlawful Activities
In using the Services, you must comply with all applicable laws of Malaysia, including the Communications and Multimedia Act 1998 and any other requirements, codes, notices or restrictions issued by the government, regulatory agencies and/or Yoodo or other mobile service providers and will not knowingly permit any illegal use or such use that will discredit Yoodo. Yoodo reserves the right to release any information if it is required to do so by any law, regulatory body or court of law.
Termination and Suspension
In the event that you are in violation of our Policy, Yoodo may, at our sole discretion, without - notice take any action including but not limited to:
- manage the bandwidth by reducing/throttling the speed (where applicable)
- interrupt, suspend, cancel or limit your right of access to the Services (or any feature of it);
- terminate the Services;
- change your plan to one with no unlimited usage components (where applicable); or
- the imposition on you of a liquidated ascertained damages of an amount to be determined by Yoodo from time to time per each breach committed.
- In the event your right of access to the Services or any part of it is interrupted, suspended, cancelled or limited or your Account is terminated as a consequence of the breach of the terms of use of any Service under this Policy, you may appeal for reactivation of the said Account in accordance with Yoodo’s prevailing policies and procedures.
- We may, at our discretion reconnect your Services upon remedy of such breach or violation.
- Yoodo’s failure to take any action in the event of a breach of the terms of use of the Services under this Policy shall not be construed as a waiver of the right to enforce such terms, conditions, or policies.
Intellectual Property Rights
You are reminded that any download of illegal content by law is an infringement of intellectual property rights and rightful owners of such intellectual property rights may take measures to prosecute against the individual subscriber. Please be reminded each Customer’s download and or upload can be traced back to the Customer's account with Yoodo. It is also against this Policy for the Customers carrying out activities which are in breach of any other third party's rights, including downloading, installation or distribution of pirated software or other unlicensed software, deletion of any author attributions, legal notices or proprietary designations or labels in any file that is uploaded, falsification of the origin or source of any software or other material.
Variation and Amendments
Yoodo reserves the right to vary the terms and conditions of this Policy from time to time with or without notice to the Customer and the Customer shall be bound by such variation and changes. Please visit the Yoodo web page at www.yoodo.com.my periodically to determine any changes to this Policy.
Prevailing Terms
- This Policy is supplemental and shall be read together as an integral part of terms and conditions of governing the Services and its relevant addendum. If there is any inconsistency between the Policy and the terms and conditions (and addendum, if any) of the Services, the latter as shall prevail.
- In the event of any inconsistency between the English version and the Bahasa Malaysia version of this Policy, the English version shall prevail.
Disclaimer
This Policy shall only be applicable to the usage of Services by the Customer and shall not in any way be applicable and enforceable against Yoodo in so far as the law of Malaysia permits.