Dated 9th June 2022
- The Programme. The Yes Trade-In Programme is a time limited programme (“Programme”) launched by YTL Communications Sdn Bhd (Company No. 200701035605(793634-V)) (“YTLC”) in collaboration with CompAsia Sdn Bhd (Company No. 201201022161 (1006653-T)) (“CompAsia”) which is made available by YTLC to eligible Yes Subscribers. Under this Programme, a Yes Subscriber may trade-in his/her existing Device (as defined in Clause 4.1(a) herein) subject to the terms and conditions hereinbelow. Additionally YTLC and CompAsia may be referred to collectively as “Parties”.
- Eligibility. This Programme is open to all Yes Subscribers who satisfy the following pre-conditions: –
2.1 individuals who are Malaysian citizens (with a valid MyKad or MyTentera) aged 18 years
and above e at the time he/she trade-in the Device under this Programme; and
2.2 whose Service account/(s) is still active. For clarity and avoidance of doubt, an active Service account means a Service account under the Postpaid Service Plan and/or Prepaid Service Plan subscribed by such Yes Subscriber which is not barred, suspended or terminated.
(hereinafter shall be referred to as “Eligible Subscribers”). - Programme Period.
This Programme commences on 9 June 2022, 00:00 a.m. and will continue for such period unless otherwise notified by YTLC (“Programme Period”). - Participation in the Programme.
4.1 Eligible Subscribers intending to participate in this Programme may walk in to any of the participating Yes Stores and perform the steps stated in Clauses 4.1 (a) – (c) below. Please refer to the [List of Yes Stores] for further details on Yes Stores participating in this Programme:-(a) download the SmartExchange app onto the smartphone which he/she wishes to trade-in under this Programme (“Device”), with the guidance of a Yes Store personnel, for assessment of such Device. For clarity, the SmartExchange app is a mobile app owned by or licensed to CompAsia and is made available for download on App Store, Google Play Store and Huawei App Gallery;
(b) Once an Eligible Subscriber successfully downloads the SmartExchange app onto the Device, the SmartExchange app will determine: –
(i) whether the Device falls within the list of models which may be traded-in, as decided by CompAsia at its sole discretion;
(ii) if the Device may be traded-in, a device diagnostic will be performed on the Device and such Eligible Subscriber is required to declare the physical condition of his/her Device; and
(iii) based on the Eligible Subscriber’s declaration, SmartExchange app will run the price engine algorithms on the Device and declare a value for the trade-in of such Device (“Trade-in Value”). The Trade-in Value reflected on the SmartExchange app shall be deemed as conclusive. For clarity, the Trade-in Value for any Device trade-in by an Eligible Subscriber, depending on the Device model and its condition at the time of it being trade-in, shall be not more than RM 5,000.00.(c) If such Eligible Subscriber is agreeable with the Trade-in Value, he/she may proceed with the trade-in by completing the information required by the personnel in the participating Yes Store.
4.2 The Trade-in Value will be credited into such Eligible Subscriber’s MyYes app wallet within 24 hours after the successful completion of all the steps mentioned in Clauses 4.1 (a) –(c) herein.
4.3 It is the responsibility of Eligible Subscribers to ensure that all contents in their Device, including without limitation to contacts, photos, messages and music (collectively, ‘‘Content”) are completely erased or purged from their Device. Data recovery is not a part of the service under this Programme, accordingly YTLC and CompAsia accept no responsibility or liability for any loss of Content, files or data in the Device.
4.4 An Eligible Subscriber hereby agrees that the Device surrendered to the participating Yes Store shall not be returned to him/her for any reasons whatsoever once the step mentioned in Clause 4.1(c) herein is completed.
- Utilisation of the Trade-in Value
5.1 An Eligible Subscribe may utilise the Trade-in Value credited into his/her MyYes app wallet as follows:-
(a)payment of Bill(s), as more specifically described in Clause 6 herein;
(b) purchase of Prepaid Reload, as more specifically described in Clause 7 herein;
(c) purchase of Data Add-On, as more specifically described in Clause 8 herein; or
(d) cash out, as more specifically described in Clause 9 herein. - Purchase of Prepaid Reload
6.1. Subject to Clause 6.2 herein, an Eligible Subscriber may use the Trade-in Value in the MyYes app wallet to purchase any of the available Prepaid Reload denominations provided always that his/her Prepaid Service account is not barred or suspended, unless such barring or suspension is due to insufficient credit in the Prepaid Service account. In such instance, such Eligible Subscriber may use the Trade-in Value in the MyYes app wallet to purchase any of the available Prepaid Reload denominations.6.2 An Eligible Subscriber shall ensure that he/she has sufficient amount as Trade-in Value in his/her MyYes app wallet prior to purchase of any available Prepaid Reload. For clarity, an Eligible Subscriber is not allowed to purchase any Prepaid Reload denomination of a higher value than the Trade-in Value available in his/her MyYes app wallet.
- Redemption of Trade-in Value for the Purchase Data Add-On.
7.1 Subject to Clause 7.2 herein, an Eligible Subscriber may use the Trade-in Value to purchase any available Data Add-On, except for data add-on for International Roaming Service, provided always that purchase of such Data Add-On is successfully performed at any time prior to termination of the related Service account.7.2 An Eligible Subscriber shall ensure that he/she has sufficient amount of Trade-in Value in his/her MyYes app wallet prior to purchase of any available Data Add-On. For clarity, an Eligible Subscriber is not allowed to purchase any Data Add-On denomination which is of a higher rate than the Trade-in Value available in his/her MyYes app wallet.
- Payment of Bill
8 .1 Subject to Clause 8.3 herein, an Eligible Subscriber may use the Trade-in Value credited into MyYes app wallet to off-set against any payment of Bill provided always that the Service account is not terminated during such payment.8.2 If an Eligible Subscriber has overpaid his/her Bill by using the Trade-in Value, then any amount that is overpaid will be used to set off against such Eligible Subscriber’s future Bill(s) under the same Service account, and will not be redeposited into his/her MyYes app wallet. For clarity in the event of termination of the Service account and where there is any amount overpaid, such overpayment, less any deduction for outstanding sums payable to YTLC, will be refunded to the Eligible Subscriber.
8.3 The Trade-in Value in the MyYes app wallet cannot be used towards payment of Bill by way of Auto Billing.
- Redemption of the Trade-in Value by way of cash out.
9.1 An Eligible Subscriber may redeem the Trade-in Value credited in his/her MyYes app wallet by way of cash out via MyYesapp subject to the following terms and conditions:
(a) the Eligible Subscriber’s Service account remains active during such redemption; and
(b) the Eligible Subscriber submits such request via MyYes app by completing all the relevant information in the required fields. For clarity, an Eligible Subscriber is allowed to perform one (1) cash out redemption only per day for a minimum sum of Ringgit Malaysia Fifty (RM 50.00) only and a maximum sum of Ringgit Malaysia Five Thousand (RM 5,000.00) only, provided that the total redemption of Cash Reward in a calendar month does not exceed the sum of Ringgit Malaysia Twenty Thousand (RM 20,000.00) only.9.2 An Eligible Subscriber is not allowed to amend or withdraw any application for cash out of the Trade-in Value once such application is successfully submitted to YTLC.
9.3 An Eligible Subscriber may provide his/her bank account or of any third party of his/her choice provided always that the bank account is with any of the banks in Malaysia for redemption of the Trade-in Value by way of cash out. If an Eligible Subscriber decides to redeem the Trade-in Value through a third party’s bank account, YTLC and/or its affiliates shall not be held responsible on any issue arising between the Eligible Subscriber with such third party as a result thereof. Further, such Eligible Subscriber shall and hereby agree to indemnify and keep YTLC and its affiliates indemnified against any such claim, loss and/or expense suffered by YTLC as a result thereof.
9.4 Upon successful submission of a request for redemption of the Trade-in Value by way of cash out in accordance with this Clause 9, YTLC will send a Transactional Authorization Code or commonly known as TAC via SMS to such Eligible Subscriber’s registered Yes Mobile Number associated with the related Service account and/or registered e-mail address. In order to successfully complete the transaction to transfer the cash from the MyYes app wallet, such Eligible Subscriber is required to fill in the TAC in the designated field.
9.5 Eligible Subscribers hereby agrees that redemption of Trade-in Value by way of cash transfer is also subjected to guidelines imposed by Bank Negara Malaysia and all other applicable terms and conditions of the respective participating financial institutions in Malaysia. Eligible Subscribers are responsible to read the terms and conditions of the respective financial institutions.
9.6 Eligible Subscribers are entitled to redeem the Trade-in Value at any time prior to termination date of the Service by way of MyYes app wallet. Any unredeemed Trade-in Value in the MyYes app wallet will be surrendered to the Registrar of Unclaimed Money under the Accountant-General’s Department.
- Limitation of Liability. The Parties shall not be liable for any loss or damage (including without limitation loss of use, loss of income, profits or goodwill, direct or indirect, incidental, consequential, exemplary, punitive or special damages of any party including third parties) howsoever arising whether in contract, tort, negligence or otherwise, in connection with this Programme.
- Governing Laws. This Programme shall in all respect be governed by the laws of Malaysia.
- Modifications. YTLC reserves the right to, at any time, add to, delete, vary or amend the terms and conditions herein or change or modify any aspect of this Programme, in whole or in part at any time and from time to time and at its sole discretion without notice and without liability to the Eligible Subscribers or any other party. Without prejudice to the aforesaid, YTLC reserves the right to cancel, terminate or suspend this Programme at any time before or during the Programme Period with notice but without any liability or compensation whatsoever.
