Effective Date of these Online Terms Of Use: As at 13 September 2018
This End-User License Agreement (“EULA”) is a legal agreement between You as the licensee in this EULA and YTL Communications Sdn Bhd (“YTLC”) regarding the use of mobile applications and/or software made available to You by YTLC (collectively, “Yes Mobile Apps”). This EULA shall be effective from the date when You indicate Your agreement to be bound to these terms and conditions in the manner specified in Clause 2 below. The Yes Mobile Apps are provided by YTLC solely for Your personal use.
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS EULA, PLEASE DO NOT CLICK THE “I ACCEPT/AGREE” BUTTON OR DOWNLOAD, INSTALL OR USE ANY OF THE YES MOBILE APPS.
- Definitions: For the purpose of this EULA, the following words shall have the meanings as indicated:
a. “Permitted Device” means any Yes Device with the Yes Mobile App(s) preloaded, or any compliant mobile device, handheld phone, PDA, laptop, netbook or other substantially similar Internet appliance or Internet-connectable device on which You can download the Yes Mobile Apps (either for free or for a fee) from Google Play Store, Apple App Store or any other authorized distribution channel as may be specified by YTLC from time to time;
b. “use” (in conjunction with the Yes Mobile Apps) means to access, install, download, copy, or otherwise benefit from using the functionality of the Yes Mobile Apps;
c. “Yes Device” means any device that is sold by YTLC to Yes Subscribers for use on YTLC’s network and/or bundled together with a Yes Service plan;
d. “Yes Service(s)” means subscription-based converged voice and data services provided by YTLC on its telecommunications network;
e. “Yes Subscriber” means a person over the age of 18 years who has validly contracted for Yes Services via an online/written subscription agreement (or its equivalent), is current in all fees, subscription dues whatsoever payable to YTLC;
f. “You” or “Your” means a subscriber of the Yes Services provided by YTLC. - Electronic acceptance: By You installing, copying, downloading or otherwise using the Yes Mobile Apps; or if acquiring the Yes Mobile Apps on-line, by clicking or checking the “I Accept/ Agree” button, You hereby agree to be bound by all terms contained herein and the terms and conditions stated in http://www.yes.my/tnc and You further agree to the use of electronic communication(s) to signify Your acceptance of and entry into this EULA. You hereby waive any rights or requirements under any laws or regulations in any jurisdictions which require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable mandatory law. You may not install, copy, download or otherwise use the Yes Mobile Apps in any way whatsoever if You disagree with the EULA or any one of its provisions. Additional terms or product requirements (including age requirements) may apply to the various Yes Service(s). Please read and abide by this EULA and such additional terms to use/access of the Yes Service(s).
- Consent to processing of personal data: By clicking or checking the “I Accept/Agree” button, You also expressly agree and consent to the collection, recording, holding, storing and processing by YTLC (and its affiliates) of Your personal data for purposes of and in connection with Your use of the Yes Mobile Apps, including, without limitation, to validate Your identity, establish Your usage patterns, for billing purposes, content delivery or any other such purposes as may be deemed necessary by YTLC. By clicking or checking the “I Accept/Agree” button, You acknowledge and confirm that You have read and agree to the terms in the Personal Data Protection Notice available at http://www.ytl.com/privacypolicy.asp. In addition, please note that the Yes Mobile Apps may also access and use Your personally identifiable location information (“Your Location Information”). By using Yes Mobile Apps, You further agree that YTLC (and its affiliates) may collect and use Your Location Information in order to provide the Yes Services to You, a better personalized user experience and also to selectively send you communications regarding YTLC and/or its business partners’ products, services, upcoming events, promotions, advertising, marketing and commercial materials which may be of interest to You, either electronically or otherwise. YTLC does not retain Your Location Information longer than is reasonably necessary for such use. YTLC may also aggregate and use location information, after removing or obscuring any of Your personally identifiable information, for other purposes, including, without limitation, to report usage, to maintain and improve the Yes Mobile Apps, or any other permitted purposes. This notice will serve as Your sole notice that Yes Mobile Apps may collect Your Location Information, and You may not receive any reminders or further notice.
- Warranty Disclaimer : The Yes Mobile Apps, its component software(s) etc and all other items related to or arising in respect thereof is furnished on an “as is” basis. YTLC does not and cannot warrant the performance or results You may experience by using the Yes Mobile Apps. Except to the extent this disclaimer cannot or may not be excluded or limited by law, YTLC makes no warranties conditions, representations, or terms (express or implied whether by statute, common law, custom, usage or otherwise) as to any matter including without limitation non-infringement of third party rights, merchantability, integration, satisfactory quality, or fitness for any particular purpose.
- Permitted Use: The Yes Mobile Apps are designed strictly to be used by Yes Subscribers on Permitted Devices to connect to YTLC’s network only. Use of the Yes Mobile Apps in these circumstances enables the synchronization of data across various Permitted Devices, specified platforms and third party software. Provided You are a valid Yes Subscriber, You are hereby permitted to use the Yes Mobile Apps on Your Permitted Device(s) and only in accordance with the terms of this EULA.
- License: Provided You are a Yes Subscriber and You have obtained a copy of the Yes Mobile Apps through YTLC-authorised channels or pursuant to Your subscription for Yes Services, You are hereby granted a personal, non-exclusive, non-transferable, non-sublicensable right to use the Yes Mobile Apps strictly in conjunction with the services offered by YTLC for as long as You are a valid Yes Subscriber.
- Use of Your Equipment: The Yes Mobile Apps may use the processing capabilities, memory and bandwidth of the PC or device You are using, for the limited purpose of facilitating the communication and establishing the connection between Yes Subscribers. If Your use of the Yes Mobile Apps is dependent upon the use of a processor and bandwidth owned or controlled by a third party, You acknowledge and agree that Your licence to use the Yes Mobile Apps is subject to You obtaining consent from the relevant third party for such use. You represent and warrant that such consent have been obtained.
- Updates to the Yes Mobile Apps: YTLC, in its sole discretion, reserves the right to add additional features or functions, or to modify or provide programming fixes, updates and upgrades, to the Yes Mobile Apps. YTLC has no obligation to make available to You any modifications, updates, support, maintenance or subsequent versions of the Yes Mobile Apps. You must agree to a renewed version of this EULA in the event You want to download, install or use any modifications, updates or new versions of the Yes Mobile Apps. You acknowledge that YTLC may automatically issue any modifications, updates or upgraded versions of the Yes Mobile Apps and, accordingly, may modify, update or upgrade the version of the Yes Mobile App that You are using or have installed on Your PC or device. The operating system (“OS”) installed in Your PC or device may be modified, upgraded or updated from time to time by the relevant OS vendor. If You have chosen to receive such OS modifications, upgrades or updates, Your PC or device may automatically request and/or receive such modifications, upgrades or updates. YTLC does not promise that it will always update the Yes Mobile Apps so that they are compatible to You and/or work with the operating system version that you have installed on Your PC or device.
- Suspension, technical improvement and maintenance: From time to time, YTLC may need to perform maintenance on or upgrade the Yes Mobile Apps or YTLC’s websites or the underlying infrastructure that enables You to use the Yes Mobile Apps or YTLC’s websites. This may require YTLC to temporarily suspend or limit Your use of some or all of the Yes Mobile Apps or YTLC’s websites until such time as the maintenance and/or upgrade can be completed. To the extent possible and unless an intervention is urgently required, YTLC will publish the time and date of such suspension or limitation on the Yes Mobile Apps or YTLC’s website in advance. You will not be entitled to claim damages for such suspension or limitation of the use of any Yes Mobile Apps or YTLC’s Website.
- Feedback : Any written reports, comments, suggestions, or feedback relating to the Yes Mobile Apps or Yes Services (“Feedback”) submitted to YTLC shall become the property of YTLC. YTLC will have exclusive ownership of all rights to the Feedback. YTLC will be entitled to use the Feedback for any commercial or other purpose whatsoever, without any compensation to You or any other person. YTLC will not be required to treat any Feedback as confidential. You agree that You do not acquire any right in or to the Yes Mobile Apps or Yes Services (or any changes, modifications or corrections thereto) by virtue of any Feedback. You acknowledge that You are responsible for whatever material is submitted by You, including its legality, reliability, appropriateness, originality, and copyright.
- Storage of Content: Subject to the terms and conditions of this EULA, YTLC will use reasonable efforts to store Your content consisting of text, sounds, audio, pictures, photos, video and/or any type of materials, information or communications (“Content”), if any, in connection with Your use of the service enabled by the Yes Mobile Apps. You retain full ownership to Your Content and YTLC will not claim any ownership to any of Your Content. You acknowledge and agree that YTLC shall have no responsibility for the loss, deletion, or destruction of any Content, including any stored Content and that YTLC shall have no obligation to preserve, provide access to or return to You any Content. In addition, You further acknowledge and agree that YTLC may delete Your Content for any reason, including technical, business or any other reasons.
- Quality: YTLC cannot guarantee that the Yes Mobile Apps or YTLC’s websites will always function without disruptions, delay or errors. A number of factors may impact the quality of Your communications and use of the Yes Mobile Apps or YTLC’s websites, and may result in the failure of Your communications including but not limited to: Your local network, firewall, Your internet service provider, the public internet, the public switched telephone network and Your power supply. YTLC takes no responsibility for any disruption, interruption or delay caused by any failure of or inadequacy in any of these items or any other items over which YTLC has no control.
- Obligations and Restrictions: You are only permitted to use the Yes Mobile Apps on a Permitted Device. You will not copy (except as permitted), share, decompile, reverse engineer, disassemble, modify, adapt or otherwise create derivative works from any portion of the Yes Mobile Apps. You will not use the Yes Mobile Apps for any illegal purpose, including but not limited to spamming, hacking, phishing, spoofing or purposes involving the circumvention of copyright or the commission of any illegal act or activity or fraud. You will not use any type of spider, virus, worm, trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage or disassemble the Yes Mobile Apps. You will not expose any third party to material which is offensive, harmful to minors, indecent or otherwise objectionable in any way. You will not use the Yes Mobile Apps to cause or intend to cause embarrassment or distress to, or to threaten, harass or invade the privacy of any third party. You may not rent, lease, sublicense, assign, or transfer Your rights in the Yes Mobile Apps, or authorize all or any portion of it to be copied onto another user’s device. If YTLC finds that You have carried out any of the foregoing prohibited acts, YTLC reserves the right to suspend Your subscription and use of the Yes Mobile Apps immediately and without notice.
- Notice and Take-Down: If YTLC receives any notification that any material that You post, upload, edit, host, share and/or publish through the Yes Mobile Apps (excluding Your private communications) (“User Submission”) is inappropriate, infringes any rights of any third party, or if YTLC wishes to remove Your User Submission for any reason whatsoever, YTLC reserves the right to automatically remove such User Submission immediately or within such other timescales as may be decided from time to time by YTLC in its sole discretion. The User Submission shall be taken down without any admission as to liability and without prejudice to any rights, remedies or defenses, all of which are expressly reserved. You acknowledge and agree that YTLC is under no obligation to put back such User Submission at any time. You agree that You are solely responsible for the consequences resulting from Your complaint (including but not limited to removal or blocking of the User Submission) and You acknowledge and agree that any complaint may be used in court proceedings. Any false, misleading or inaccurate information provided by You may result in civil and criminal liability
- Indemnification: You agree to indemnify, defend and hold YTLC and its affiliates harmless from and against any and all liability and costs, including reasonable attorneys’ fees incurred by such parties, in the connection with or arising out of Your (a) violation or breach of any term of this EULA or any applicable law or regulation, whether or not referenced herein, or (b) violation of any rights of any third party, or (c) use or whatsoever misuse of the Yes Mobile Apps.
- Limitation of Liability: Use of the Yes Mobile Apps is entirely voluntary and at Your own risk. In no event will YTLC or its affiliates be liable to You for any damages, claims or costs whatsoever including any consequential, indirect, incidental damages, or any lost profits or lost savings whatsoever, monetary or otherwise, (including without limitation any loss of or corruption to data, interruption, computer failure or pecuniary loss) for any defect, malfunction or failure of the Yes Mobile Apps or as may arise from the use or inability to use the Yes Mobile Apps. The foregoing limitations and exclusions apply to the extent permitted by applicable law.
- Amendments: YTLC reserves the right to amend this EULA at any time by publishing the revised EULA on the YTLC’s website or by otherwise providing notice of such amendment pursuant to the notice provisions above. The revised EULA shall become effective following the applicable notice period. Your express acceptance or continued use of the Yes Mobile Apps after the applicable notice period shall constitute Your acceptance to be bound by the terms and conditions of the revised EULA.
- Governing Law: This EULA shall be governed by and construed in accordance with the substantive laws in force in Malaysia as administered in the Federal Territory of Kuala Lumpur and the Courts of Malaysia shall have exclusive jurisdiction over all disputes relating to this EULA.
