- Introduction
The Free YES 5G WiFi (hereinafter referred to as “WiFi Service”) is a public WiFi service provided by YTLC Communications Sdn Bhd (“YTLC”) at selected hotspot locations managed by partnering merchants at various locations listed in https://www.yes.my/free-yes5g-wifi/ (“Free Yes 5G WiFi Spots”). - 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, 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 at the Hotspot Locations from the commencement date onwards. The WiFi Service allows you to free Internet access for a maximum period of three (3) hours per session, one (1) session per Facebook/Twitter ID/Google ID when you log in to use the WiFi Service. You may log in again through Facebook/Twitter ID/Google ID to use the WiFi Service however we do not guarantee You access to the WiFi Service.
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. - Intellectual Property Rights
4.1 Subject to these Terms and Conditions, we hereby grant you a limited, personal, non-commercial, non-exclusive, non-sub-licensable, non-assignable, free of charge license to use the WiFi Service on Your Device for your personal use only together with any other applications that may be explicitly provided by us.
4.2 You will not sell, assign, rent, lease, distribute, export, import, act as an intermediary or provider, or otherwise grant rights to third parties with regard to the WiFi Service or any part thereof.
4.3 You will not undertake, cause, permit or authorise any modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the WiFi Service or any part thereof.
4.4 Any and all other third-party software or technology that may be distributed together with the WiFi Service will be subject to you explicitly accepting a license agreement with that third party.
4.5 Any content provided under the WiFi Service is protected under applicable copyright law. All copying, modification, distribution, publication or other use by you, or by a third party of any such content is prohibited, unless expressly permitted by the holder of the applicable intellectual property rights (“IPRs”). Any and all IPRs in the WiFi Service, the Yes online material, the Yes logo and the Yes promotional materials shall remain our exclusive property and/or our licensors. Nothing in this Agreement intends to transfer or vest any such IPRs in or to you. You are only entitled to the limited use of the IPRs granted to you in these Terms and Conditions. You will not take any action to jeopardise, limit or interfere with our IPRs. Any unauthorised use of our IPRs is a violation of these Terms and Conditions as well as a violation of intellectual property laws and treaties, including without limitation copyright laws and trademark laws. All title and IPRs in and to any third-party content that may be accessed through the use of the WiFi Service, is the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties - Disclaimer
5.1 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.
5.2 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.
5.3 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.
5.4 We are not responsible for the content of any website accessed or used via the WiFi Service.
5.5 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
6.1 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 or Google account.
6.2 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.
6.3 To log out (quit) using the WiFi, you simply need to turn off the WiFi on your Device.
6.4 You will automatically be logged-out of the WiFi Service if:
6.4.1 your use of the WiFi Service exceeds three (3) hours during the preceding last eight (8) hours;
6.4.2 your access to the WiFi Service is terminated by us in accordance with these Terms & Conditions;
6.4.3 the wireless connection you are accessing is lost, disconnected or becomes out of range;
6.4.4 if you leave a Hotspot Location; or
6.4.5 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
7.1 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.
7.2 In addition, you shall indemnify us from and against any losses, damages, claims, liabilities or expenses arising from any claims for libel, invasion of privacy, infringement of IPRs including without limitation licenses, copyrights, trademarks and patents, breach of confidentiality and privilege or breach of any law or regulation arising from the material transmitted, received or stored via the WiFi Service or part thereof and from all other claims arising out of your act or omission or any unauthorized use or exploitation of the WiFi Service or part thereof. - Miscellaneous
8.1 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.
8.2 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.
8.3 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.
8.4 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.
8.5 If you have any questions relating to the WiFi Service, please e-mail to us at yescare@yes.my
