- Introduction
The Yes Public WiFi (hereinafter referred to as “WiFi Service”) is a public WiFi service provided by YTLC Communications Sdn Bhd (“YTLC”) at selected hotspot locations in the state of Penang (“Hotspot Locations”). - Acceptance of the Terms and Conditions
These Terms and Conditions apply when you use the WiFi Service. As such, by your use of this WiFi Service you agree to be bound by these Terms and Conditions and all other terms and conditions incorporated herein by reference including the Acceptable Use Policy, Fair Usage Policy, Privacy Policy and Terms of Use of Website found at www.yes.my/tnc/products-services-tnc - WiFi Service
3.1 The WiFi Service is provided to you for free for a period of six (6) months only commencing from 1st March 2019 until 31st August 2019. The WiFi Service allows you to free Internet access for a maximum period of thirty (30) minutes per session, one (1) session per Facebook/Twitter ID when you log in to use the WiFi Service. You may log in again through Facebook/Twitter ID to use the WiFi Service however we do not guarantee You access to the WiFi Service3
3.2 You are responsible for providing all hardware and other equipment required to access and use the WiFi Service (“Device”). You are responsible in ensuring the compatibility of your Device with the WiFi Service. The availability and performance of the WiFi Service is subject to all memory, storage and other limitation on your Device.
3.3 You hereby expressly acknowledge and agree that there are significant security, privacy and confidentiality risks inherent in accessing or transmitting information through the internet. Security issues include, without limitation, interception of transmission, loss of data and the introduction of viruses and other programs which may corrupt or damage your Device. You hereby agree that we are not liable for any interception or transmission of computer worms or viruses, loss of data, file corruption, hacking or damage to your Device that results from the transmission or download of information or material through the WiFi Service.
3.4 We reserve the right to immediately and without notice, suspend your access to the WiFi Service if we suspect that you are transmitting a virus (or any other manipulating program capable of modifying other programs and replicating itself).
3.5 The WiFi Service is provided to you on an “as is” basis. The speed and throughput will vary depending on a number of factors, including but not limited to: (a) the capabilities of your Device; (b) the physical location of the wireless access points within the Hotspot Locations; and (c) user traffic during time of access, general internet congestion, wireless signal interference.
3.6 Each WiFi has a limited range and to gain optimal access, it is recommended that your Device access the WiFi within the Hotspot Locations.
3.7 We will not supply any software to you in connection with the WiFi Service. If you use software packages, applications or configurations then you accept the risk of any failure of the WiFi Service resulting from the use of such software packages, applications or configurations.
3.8 The WiFi Service is provided to you on a best effort basis and we will not be liable for of any faults, malfunctions or problems in relation to the WiFi Service. - Disclaimer
4.1 You assume all responsibility and risk on your use of the WiFi Service including the security of your data. Further, we do not warrant that the WiFi Service will be uninterrupted, always available and functional or error free. Accordingly, we will not be liable to you for any damages, losses, costs or expenses arising from your use of the WiFi Service including without limitation for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, or inability to use or access, the WiFi Service for any reason whatsoever, even if we have been notified or advised of the possibility of such damages.
4.2 We assume no responsibility, and make no warranty or representation in relation to, and shall not be liable in respect of your use of any third party proprietary software.
4.3 We assume no responsibility, and shall not be liable for, any damage to, or viruses that may infect your Device on account of your access to or use of the WiFi Service.
4.4 We are not responsible for the content of any website accessed or used via the WiFi Service.
4.5 Your access to and use of any website or network connection whilst using the WiFi Service is entirely at your own risk. - Logging In/Out of the WiFi Service
5.1 To be eligible to use this WiFi Service, you need firstly to be within a Hotspot Location. Then Log-in through your Facebook or Twitter account.
5.2 The WiFi Service can only support a limited number of users accessing to it at any one time. We do not promise that you will be able to access and/or use the WiFi Service immediately.
5.3 To log out (quit) using the WiFi, you simply need to turn off the WiFi on your Device.
5.4 You will automatically be logged-out of the WiFi Service if:
5.4.1 your use of the WiFi Service exceeds thirty (30) minutes per session per calendar day. For the avoidance of doubt, you may only log in for one (1) session in each calendar day;
5.4.2 your access to the WiFi Service is terminated by us in accordance with these Terms & Conditions;
5.4.3 the wireless connection you are accessing is lost, disconnected or becomes out of range;
5.4.4 if you leave a Hotspot Location; or
5.4.5 no activity is detected from your wireless enabled device for a continuous period of fifteen (15) minutes whilst logged on to the WiFi Service. - Indemnity
You agree to indemnify us from and against any claims, loss, damage, liability, charge, expense or cost (including all reasonable legal and other professional costs on a full indemnity basis) of any nature or kind arising from your breach of these Terms & Conditions. - Miscellaneous
7.1 If any provision of these Terms and Conditions shall be unlawful, void or for any reason unenforceable, then such provision shall be deemed severed from these Terms and Conditions.
7.2 These Terms and Condition’s is governed and shall be construed in accordance with the laws of Malaysia and users agree to submit to the exclusive jurisdiction of the courts in Malaysia.
7.3 Any changes or modifications to these Terms and Conditions will be posted on our website and become effective upon posting of such changes/modifications. You are responsible for regularly reviewing the Terms and Conditions to obtain timely notice of such changes or modifications.
7.4 You hereby acknowledge and agree that we may communicate with you to obtain your feed-back or comments on the WiFi Service for the purpose of enhancement or improvement of the WiFi Service.
7.5 If you have any questions relating to the WiFi Service, please e-mail to us at yescare@yes.my
Yes Public WIFI Terms and Conditions
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