TERMS & CONDITIONS
General Terms & Conditions of Services
This Agreement is between you and ALTEL COMMUNICATIONS SDN. BHD. (Company Registration No.: 983899-V) (hereinafter referred to as “ALTEL”) for the use of our Services (as hereinafter defined).
ALTEL agrees to provide and you agree to accept the Services subject to all Terms and Conditions which shall form part of this Agreement.
- SCOPE AND COVERAGE
1.1 Scope of the General Terms and Conditions
For the purpose of this Agreement, these General Terms and Conditions shall provide general application provisions to all types of Services provided by ALTEL which you may subscribe.
1.2.1The following parts, as applicable shall be read together and shall form an integral part of the Agreement:-
- these General Terms and Conditions;
- Prepaid Services Terms;
- Privacy Statement;
- Fair Usage Policy; and
- Any other documents expressly referred to in this Agreement.
1.2.2 You irrevocably and unconditionally acknowledge that you have read the Agreement and you are competent to understand and agree to be bound by its terms and conditions subject to any amendments made from time to time.
1.2.3Your use of the Services, upon Activation and your continued use of the Services constitute unconditional acceptance to be bound by the Terms and Conditions as may be amended from time to time.
1.2.4These Terms and Conditions may be provided to you in two (2) versions; in English and Bahasa Malaysia. In the event of any inconsistency between the English version and the Bahasa Malaysia version of these Terms and Conditions, the English version shall prevail.
1.3 Order of Precedence
1.3.1 In the event of conflict or inconsistency between the General Terms and Conditions and any specific terms of each Services, the General Terms and Conditions shall prevail to the extent to resolve such conflict or inconsistencies.
1.3.2 If there is any conflict or inconsistency between any of the Terms & Conditions (other than the conflict or inconsistency in Clause 1.3.1), such conflict or inconsistency will be resolved in a manner most favourable to ALTEL.
1.3.3 Any conflict or inconsistency between the Registration Form, the Terms and Conditions and the Addendums, shall be resolved by giving precedence in the following order: Addendums, the Terms and Conditions and the Registration Form
1.4 Effective Period of the Agreement
This Agreement shall be effective from the Activation date of the Services and shall continue in force until terminated in accordance with the terms and conditions of the Agreement.
In this Agreement, the following expressions shall, unless the context otherwise requires, bear the following meaning:-
means the account for the Services in relation to your subscription of the Service with ALTEL.
means the Registration Form and the Terms and Conditions including any Addendum and all subsequent amendments and variations to the Terms and Condition and Addendum.
means the effective commencement date of the Services to you either by the commencement of provision of the Services to you by ALTEL or by other means as determined by ALTEL and notified to you from time to time.
means any addendum(s) executed by you and accepted by ALTEL for any value added services, supplemental or additional Services.
means Altel Communications Sdn Bhd (Company Registration No.: 983899-V).
“ALTEL Reload Cards”
means the prepaid reload cards, whether in material form or otherwise which contain the prepaid reload and unused value as indicated in the reload cards which sold by the ALTEL and/or any person authorised by the ALTEL.
means a day on which commercial banks are open for business in the territory of Malaysia excluding public holiday.
means the limit on monthly charges as may be imposed by ALTEL at its sole and absolute discretion from time to time.
means any or all particular content or application in respect of the particular or any sound, text, articles, editorial(s), news, tutorial(s), tip(s), suggestion(s), graphic(s), photograph(s), video, or other audio-visual representation, audio, headline(s), abstract(s), HTML tag(s) and/or data or information relating to any subject and/or advertisements or embedded software provided or made available by ALTEL which is capable of being created, manipulated, stored, retrieved or communicated electronically for delivery to you.
“Fair Usage Policy”
means ALTEL’s Fair Usage Policy which can be found in ALTEL Website, that sets out the key principles of the broadband bandwidth management and broadband bandwidth usage between ALTEL and you.
“Intellectual Property Rights”
means all current and future copyrights, patents, trademarks, rights in databases, inventions or trade secrets, know-how, rights in designs, integrated circuits, topographies, trade and business names, domain names, get-up, marks and devices (whether or not registered), moral rights, and all other intellectual property rights and applications for any of those rights (where such applications can be made) which are capable of being protected and/or enforced in Malaysia and/or any relevant country of the world.
means trade mark(s), service mark(s), trade name(s), logo(s), symbol(s), brand name(s) and other proprietary mark or any combination of the aforesaid.
means Mobile Station International Subscriber Directory Number (MSISDN) assigned to you by ALTEL.
“Mobile Number Portability”
means the facility which provides the ability for you to change from one mobile cellular ALTEL to another and retain their Mobile Number.
“Party or Parties”
shall individually refer to you or ALTEL for “Party” and both ALTEL and you shall be collectively referred to as “Parties”
shall have the meaning as per the Privacy Statement
“Port” or “Porting”
means the transfer of your Mobile Number from one telecommunication service provider to another telecommunication service provider or vice versa.
“Prepaid Services Terms”
shall provide the specific terms and conditions for Prepaid Services including the package/plans and rates.
means ALTEL’s Privacy Statement as posted by ALTEL in the Website which details out the notice to you, frameworks and principles on the processing of your Personal Information by ALTEL.
means a corporation which is deemed to be related to the first-mentioned corporation by virtue of section 6 of the Companies Act 1965 and includes their directors and employees
means the Services registration form duly completed by you to subscribe to the Service, which has been accepted and approved by ALTEL and shall include any variation, addition or amendment thereafter pursuant to this Agreement
means the mobile telecommunication services and value added services and/or products through various mediums including but not limited to voice/sound, data, text, visual images, signals, Service Plan or any other form or any combination of those forms based on cellular network provided by ALTEL to you. The Services shall include all other services as may be varied, modified, amended, added and/or deleted by the ALTEL at any time and from time to time. Any references to “Services” in this Agreement shall mean all the Services or any of them as the context requires.
shall have the meaning as defined in Clause 6.
means subscriber identification module card issued by ALTEL to you for the purpose of using the Services in accordance to the Terms and Conditions.
means the Suruhanjaya Komunikasi dan Multimedia Malaysia (SKMM), also known as Malaysian Communications and Multimedia Commission, a regulatory body established under the Malaysian Communications and Multimedia Commission Act 1998.
“Terms and Conditions”
means (a) the documents as per Clause 1.2.1 and (b) any other terms and conditions, policies and procedures as may be imposed, published, varied or modified by ALTEL in accordance to this Agreement.
means the starter pack for the subscription of the Services which shall consist of the SIM Card for the Services and a user guide.
“You” or “Your”
means the person which includes but not limited to natural person, 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 Form; who subscribes to the Services and authorized for using the Services subject to the terms and conditions herein.
“VAS or Value Added Services”
means additional functions, features or facilities which are currently available or will be made available by ALTEL from time to time and may be subscribed to and/or used by you in connection with the Service.
means the website owned, used and registered by ALTEL, namely http://www.altel.my and other web addresses, WAP Portals or micro sites as may be used and/or adopted by ALTEL from time to time.
- SUBSCRIPTION OF SERVICES
3.1.1You shall subscribe to our Services through the submission of duly completed Registration Form for the Services and subject always that such submission is accepted and approved by ALTEL at its sole discretion.
3.1.2The Registration Form used shall be the forms issued by ALTEL in accordance with ALTEL’s current and standard format.
3.1.3You agree that your submission of the duly completed Registration Form and the subsequent acceptance and approval of the Registration Form by ALTEL shall be the pre-requisite for the commencement of the Services by ALTEL. ALTEL reserves the right to reject your Registration Form and/or your application for the Services due to incomplete information and/or for any other reasons at ALTEL’s sole discretion and ALTEL shall not be liable for any loss or inconvenience to you resulting therefrom.
3.1.4All information and/or particulars you have provided to ALTEL for the purpose of the registration, activation and/or use of the Services are accurate, true, complete and not misleading.
3.1.5You shall provide valid and true identification documentations to ALTEL for the purpose of Services registration and you warrant that the:
a) MyKad/Military Identification Card/Police Identification Card/Permanent Resident Identification Card (MyPR); or
b) international passport/Work Permit Identification Card (if you are a foreigner, not Malaysian); or
c) any other identification documents that ALTEL may at its discretion require;
which you provide to ALTEL and/or its authorised dealers/agents are valid and belong to you.
3.2Acknowledgment and Confirmation
3.2.1You hereby irrevocably and unconditionally acknowledge, confirm and agree that:-
- you have read and fully understood all the Terms and Conditions. You hereby acknowledge that you are competent to accept the Terms and Conditions for the Services.
- your usage of any part of the Services implies your unconditional acceptance of all the Terms and Conditions of the Services which may be varied, modified, amended, deleted, added or terminated in whole or in part at any time and from time to time without any prior notice from ALTEL.
- by subscribing to the Services, you warrant that you have attained eighteen (18) years of age and above and authorised to use the Service subject to these Terms and Conditions herein and/or you are 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.
- you shall use the Services in accordance with the Terms and Conditions and ensure that any person you allow to use the Services complies with the Terms and Conditions.
- all the information and/or particulars you have provided to ALTEL for the purpose of registration and/or the use of the Services are accurate, true, complete and not misleading.
- you are solely responsible for all acts or omissions that occur when using the Services.
- you shall at all times abide and adhere to any regulations, rulings, directions, code of practice and/or any other form of rules issued by SKMM and/or any other government authorities or regulatory bodies.
- Unless otherwise notified by you, you agree that ALTEL may send you notifications relating to promotional and marketing activities from time to time.
3.3Rights to Conduct Checks on Creditworthiness
3.3.1If ALTEL consider it relevant or necessary to assess your application, you agree to ALTEL obtaining from a credit-reporting agency a credit report containing personal information about you.
3.3.2You will supply without delay all the necessary information to check the worthiness of your credit rating.
3.3.3You agree that ALTEL may give to any credit provider and/or credit-reporting agency any information contained in the Registration Form. You also agree that ALTEL may seek from any credit provider and/or credit reporting agency any credit report on all parties named in the Registration Form. You acknowledge and understand that such information can include any information regarding your commercial or consumer credit worthiness, credit history or credit capacity that credit providers and/or credit reporting agencies are allowed to give or receive under the laws of Malaysia.
3.3.4You authorise and permit ALTEL to make independent enquiries to third parties concerning your financial standing and for this purpose, authorise and permit third parties to supply such information regardless of any confidentiality or privilege which applies to the information sought.
3.3.5ALTEL reserves the right to withhold, terminate or refuse the Services to you if you fail to meet our credit terms.
- USER’S RESPONSIBILITIES
4.1User’s Undertaking and Warranty
4.1.1In addition to all other covenants, representations, undertakings, or warranties contained in this Agreement and without derogation to the same, you hereby expressly, unconditionally irrevocably agrees and undertakes with ALTEL and represents and warrants to ALTEL that:-
- you shall promptly and punctually pay all fee, charges, rates and other charges or payments payable in respect of the use of the Services.
- you shall promptly pay and settle all applicable taxes, levies and/or duties that are payable by you in relation to the use of the Services.
- you shall abide with all notices or changes made by ALTEL.
- you shall report to ALTEL immediately upon the discovery of fraud, unauthorised usage, loss, cloning, theft of your SIM Card and any other occurrence of illegal or unlawful deeds in relation to the use of the Services. You must call ALTEL’s customer service number as provided in the Website to lodge a complaint and/or to lodge a police report (if required) and a certified true copy of the police report must be given to ALTEL.
- you shall ensure that the phone used by you for the SIM Card and the use of the Services is legally owned/possessed/used by you at all times and you shall not or allow any person to modify or manipulate the phone and/or the SIM Card which is against any laws or regulations of Malaysia.
- you shall cease from using the Services or any part thereof for such period as may be required and notified by ALTEL.
- you shall be responsible for all the security and integrity of information and data transmitted or broadcasted by you or any person using your phone and/or equipment enabling the Services, whether with or without your authorisation.
- you shall keep the personal identification number (PIN) of the SIM Card confidential and shall not reveal and/or disclose any PIN or important information to any other person at all times unless legally obligated to do so.
- you shall not use the Services with any unauthorized device which illegally exploits the unlimited free voice and/or data usage or spamming activities for the purposes of unauthorized reselling.
- you shall provide accurate, complete and not misleading information and/or particulars to ALTEL and inform ALTEL immediately of any changes but not limited to, any changes in the address and/or contact particulars.
- you shall comply with all applicable laws, rules and regulations, codes, circulars and any requirements or restrictions which ALTEL or other service providers and/or operators may impose on the use of the Services or any telecommunications system, equipment or device.
- you shall follow and/or abide all instructions, guidelines protocols, handling procedures and/or rules in this Agreement and/or issued by ALTEL from time to time when using the Services.
- you shall not use the Services or any part thereof to cause embarrassment, distress, annoyance, irritation or nuisance to any person.
- you shall not download any file posted by any other user of the Services if you know or reasonably ought to know that such file cannot legally be distributed in any manner whosoever.
- you are solely responsible for all acts or omissions that occur when using the Services.
- you shall at all times abide and adhere to any regulations, rulings, directions, code of practice and/or any other form of rules issued by SKMM, any other regulatory body or the Government of Malaysia.
4.2Abuse of Services
4.2.1You shall not use or allow any part of the Services to be used for, but not limited to, as follows:-
- for any unlawful purposes or for any purpose which shall be deemed unlawful, illegal, defamatory, immoral, fraudulent, deceit, threatening to the national security and/or public order and/or which is likely to encourage crime or lead to public disorder, and/or which instigate racism or otherwise prohibited,
- to transmit, publish, upload, download, distribute or disseminate or post any contents (whether via SMS/Multimedia Messaging Service (MMS), text, data, voice, audio, visual, or any form) which may give rise to civil liability or otherwise violate any applicable laws, ordinances, rules or regulations or which may contain offensive element which shall be or deemed to be indecent, sexual, obscene, pornographic, profane, false, vulgar, defamatory, libelous, infringing, racially offensive, needless anxiety, menacing and/or offensive in character with intent to annoy, abuse, threaten, offend, deprive or harass any person or the public;
- in any manner which may constitute a violation or infringement of the rights of any party, including, but not limited to, their Intellectual Property or confidentiality or privacy rights;
- to be resold or otherwise provided to third parties without ALTEL’s prior written consent;
- in a manner that results in ALTEL being liable for any loss or damages under any applicable laws, rules or regulations;
- for knowingly or negligently transmitting or uploading any electronic material (including, without limitation to files that contain virus, corrupted files, or other similar software or programme) which is known or likely to cause or you have reason to believe that will interrupt, damage, destroy or limit the functionality of any computer software, hardware or telecommunications equipment owned by ALTEL any third party;
- which involve activities that are in breach of any other third party’s rights, including but not limited to downloading, installation or distribution of pirated software or other inappropriately licensed software, deletion of any author attributions, legal notices or propriety designations or labels in any file that is uploaded, falsification of the origin or source of any software or other material.
- in a manner that result in distribution of viruses, trojan horses, worms, time bombs, cancelbots or other similar harmful or deleterious programming routines;
- to transmit, send, disseminate or distribute “junk mail”, “spam”, “chain letter” or unsolicited mass distribution of email; and
- to provide false or misleading information about yourself or your business; or create false identity which includes impersonation of other person.
4.2.2Notwithstanding anything, ALTEL reserves the right to take all legal measures and action to immediately stop such abuses or prevent further abuses by you including and not limited to initiating civil and/or criminal proceedings against you.
4.2.3ALTEL may extract any Short Message Service (SMS) details or Personal Information or any other data from you 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.
- ALTEL’S PROVISION OF THE SERVICES
5.1Conditions of Usage
5.1.1To the extent permitted by law, the Services are provided on an “as is” and “as available” basis and ALTEL shall not be liable for and makes no express or implied representations or warranties, guarantee or representation of any kind in relation to the Services including but is not limited to:-
a) availability, accessibility, timeliness and uninterrupted use of the Services;
b) sequence, accuracy, completeness, timeliness or the security of any data or information transmitted or received by you in connection with the Services;
c) the condition, merchantability, or fitness of any part of the Services;
d) the quality of the service equipment used by you that is necessary for the access and/or use of the Services;
e) the quality of the network coverage, whether domestic or international.
5.1.3Fair Usage Policy
In order to ensure fair access to all ALTEL’s customers, you agree that ALTEL reserves the right to manage your usage of the Services which includes but not limited to your broadband allocated bandwidth, volume and speed in accordance to the Fair Usage Policy as uploaded in the Website.
5.1.4ALTEL reserves the absolute right at any time and without being liable to you or any third party whatsoever to:-
- impose a fee, extra charges and/or penalty to you or suspend, disconnect and/or terminate your telephone line and/or Services if you misuse the free calls or data services or any other services provided, directly or indirectly or through ALTEL by way of unauthorised selling.
- impose any minimum or maximum capping for the free voice and/or data usage without prior notice to you based on ALTEL’s Fair Usage Policy which may be changed at any time and from time to time at ALTEL’s absolute discretion.
5.2Limitation of Services and Coverages
5.2.1Although ALTEL shall use reasonable endeavours to provide you with the Services and to ensure the security of your communications at all times. However, due to the nature of mobile technology, it is impossible to provide a fault-free service.
5.2.2ALTEL do not promise that our Services and any information or Content services (if any) accessible through the Service will be continuous or fault-free, or, the equipment or device ALTEL provide will never be faulty.
5.2.3ALTEL shall use reasonable endeavours to give you access to overseas networks; however, ALTEL shall not be responsible for the performance of oversea networks or any part of the network not controlled by ALTEL. Overseas Networks may be limited in quality and coverage and access and service availability depends on the arrangements between the network and overseas operators. You shall be required to comply to any terms of access to use the overseas network.
5.3Migration of Services
5.3.1You hereby agrees that ALTEL may change and/or migrate your existing plan subscription to another plan as ALTEL deems fit at any point of the time during the validity of this Agreement. ALTEL shall notify you of the effective date of the said change and/or migration.
In the event you wish to remain to your existing plan, you shall notify ALTEL within fourteen (14) days from the effective date of the change and/or migration to enable ALTEL to act accordingly failing which ALTEL shall continue to effect such change and/or migration.
- SERVICE PLAN
6.1If you subscribe to the Services, you are entitled to enjoy the privileges, benefits and entitlements provided under the Service Plan as more particularly described from time to time on the Website (hereinafter referred to as “Service Plan”).
6.2You shall only be entitled to the Service Plan, whether in whole or in part subject strictly to the following conditions in addition to the terms and conditions as published on the Website from time to time and all other terms and conditions attached to each and every type of programme under the Service Plan, whether contained in this Agreement or otherwise.
6.3Unless agreed otherwise in writing by ALTEL, the redemption, rewards or benefits under the Service Plan are not exchangeable for other rewards, or refundable, replaceable, or transferable for cash or credit under any circumstances.
6.4Any abuse or misuse or illegal/immoral use of the privileges, benefits or entitlements under the Service Plan may result in the cancellation, suspension, termination, or withholding of your subscription to the Services.
6.5All goods, products or services made available for redemption as the privilege, benefit or entitlement of the Service Plan are made available to you on an “as is” basis and “as available” basis. The ALTEL makes no express or implied representations or warranties or guarantees in relation to any of the good, product or services including but not limited to, the satisfactory, fitness for purpose, merchantability, safety, legality, title and non-infringement. To the full extent permitted by law, ALTEL disclaims any and all such warranties, representations or guarantees.
6.6In no event shall the ALTEL or its Related Corporations or its affiliated corporations, including but is not limited to its employees, workers, staffs, shareholders, directors, agents or business partners be liable in any manner whatsoever to you or third party authorised by or claiming through you whether in contract or in tort for any loss or damage, direct or indirect, special or consequential or of any nature suffered by you resulting from the use or inability to use any of the privileges, benefits or entitlements attached to the Service Plan, including but without limitation to:-
(i) any injury or death;
(ii) any failure by the participating business partners to meet the terms and conditions on which it has been agreed to provide a privilege, benefit or entitlement or discount or products, goods or services;
(iii) the suspension or termination of the Services.
6.7The ALTEL has the absolute rights and without assigning any reason whatsoever and without prior notification to you from time to time and at any time to refuse, review, withhold, suspend, cancel, terminate, discontinue, amend, vary, modify, add, delete:-
(i) your subscription;
(ii) any part of the Service Plan;
(iii) any benefits, terms and conditions, charging structures and usage mechanism in relation to or associated or affiliated with any part of the Service Plan;
(iv) the qualifications, eligibility, criteria and requirements for the entitlement to the Service Plan, whether in whole or in part.
6.8In the event of any additional and/or supplemental services or products provided by third party, the use of which shall be strictly subject to the terms and conditions as published in the ALTEL Website and the ALTEL shall not in any way be responsible or liable to you or any third person for the products and/or services provided by third parties.
- VALUE ADDED SERVICES
7.1You may subscribe to the VAS provided by ALTEL from time to time subject to the terms and conditions of the respective VAS;
7.2you acknowledge that your ability to access and use the information via the VAS depends on the features and functionality of your Mobile Device and the nature and quality of the information being accessed via the VAS;
7.3ALTEL does not represent, warrant or guarantee that your Mobile Device will be able to access the VAS; and
7.4ALTEL reserves the right to withdraw the VAS provided to you at any time without notice and ALTEL shall not be liable for any losses or damages suffered by you or any third party due to such withdrawal.
- INTERNATIONAL ROAMING
8.1You are required to subscribe with ALTEL for international roaming services. ALTEL reserves the right at its sole discretion to determine whether you are eligible for the international roaming services.
8.2ALTEL reserves the right to require you to produce additional documentations or pay any deposit and/or advance payment, at any time, to process and verify your request for international roaming services.
8.3International roaming charges are applicable for international roaming usage. For data services, fees and charges applicable for domestic data usage are not applicable for international data usage.
8.4The international roaming services shall be subject to this Agreement and any other terms and conditions as ALTEL deem fit to be imposed from time to time.
9.1The Content provided by ALTEL via the VAS may be provided by ALTEL or by third parties. ALTEL is under no obligation in anyway whatsoever to (a) filter or edit the Content (b) to censor the Content or information. By using the VAS, you acquire no rights or interests to the Content and you agree not to distribute the Content to third parties.
9.2ALTEL does not warrant and in particular does not guarantee the sequence, accuracy, authenticity, security or timeliness of the Content and ALTEL disclaim all liabilities of whatsoever nature in relation to the Content provided.
9.3By using the Services, you acquire no rights or interests to the Content and you agree not to distribute or forward the Content to any other person.
9.4You shall not reproduce, tamper, alter, add, delete, modify, amend or vary in whatsoever manner, distribute or forward the Content (whether in its original or adapted form) received as part of other Services to anyone else for purpose of creation of any commercial products, whether tradable or otherwise including but not limited to, any derivative products whether for your own purposes or for the purposes of any third party.
- MOBILE NUMBER PORTABILITY
10.1If you Port a Mobile Number you have obtained from us to use with the services to another mobile cellular service provider with a Mobile Phone or you Port the Mobile Number from another mobile service provider to the ALTEL’s cellular network, you acknowledge and accept that:-
- you must settle all outstanding contractual obligations including all outstanding payment (if any) with ALTEL or your previous mobile/ cellular service provider before you are allowed to Port;
- you may only Port a Mobile Number for which you are the authorised and duly registered holder of the Mobile Number;
- only active Mobile Numbers are eligible for Porting. Mobile Numbers which have been suspended, terminated, blacklisted on the defaulters’ database and/or barred shall not be eligible for Porting;
- you are only allowed to Port the Mobile Number and not the telecommunications network services;
- the Mobile Numbers requested for Porting by you must be in the range of Mobile Numbers as approved by SKMM from time to time;
- Mobile Number Porting is subject to existing geographical numbering requirements;
- the requirements in the MNP code and any bilateral agreements made between us and other mobile cellular service provider must be met before you may Port your Mobile Number;
- ALTEL may, upon receipt of a Port request from you, notify you by way of SMS the progress of your Port request;
- any balance of credit you had with the ALTEL or your previous mobile cellular service provider shall be forfeited. ALTEL shall not be liable and/or responsible to you or any third party authorised by or claiming through you for such forfeiture of any balance of credit;
- any fee paid for Porting are non-refundable;
- ALTEL does not guarantee or warrant that your Mobile Number can be Ported from your previous mobile/fixed cellular service provider to its fixed cellular network. Your previous mobile/fixed cellular service provider may reject your request to Port if the information you provided is incorrect or does not match the data held by them.
10.2You expressly, irrevocably and unconditionally consent, acknowledge and agree that your request to ALTEL to Port your Mobile Number represents a notice to terminate your subscription with your previous mobile/fixed cellular service provider. ALTEL shall not be held responsible or liable for any unsuccessful termination of your subscription with your previous mobile/fixed cellular service provider and the resulting failure to Port with ALTEL.
10.3In the event of a Port to ALTEL, or Port withdrawal or Port reversal to ALTEL or your previous mobile/fixed cellular service provider, ALTEL:-
- is not responsible for any period of outage of your service or any related ancillary services;
- is not liable to you or any person third party authorised by or claiming through you for any damage, loss, costs or expenses or other liability in contract or tort or otherwise direct or indirect, for or in relation to the Port, or Port withdrawal or Port reversal, for any reason whatsoever;
- will not refund the Porting fee.
10.4Acceptance of the Terms and Conditions will only be effective upon activation of the Ported number by the ALTEL
10.5You expressly authorise ALTEL to provide information regarding your Mobile Number to be disclosed to other telecommunication service providers to enable the transfer of your Mobile Number from one telecommunication service provider to another.
Equipment and Services provided under this Agreement may contain or use software. This software is generally not owned by ALTEL. Any software that is used by Devices or Services shall be governed by the terms of the relevant software license set out in such Services Schedule or any shrink wrap or click through software license provided with the relevant Devices or Service. In all other cases, where software is provided ALTEL grants you, a non-exclusive, royalty free license to use any such software for the duration of this Agreement.
- CHARGES AND PAYMENTS
12.1Payment for Services (if applicable)
12.1.1You are responsible for paying all charges without any counterclaim, deduction, set off or withholding. All payments shall be applied first to charges and fees in arrears, including interest and penalties, the balance, if any, to be applied to the current charges.
12.1.2In the event of termination of this Agreement either by you or by ALTEL, all monies owing to ALTEL shall become immediately due and payable and ALTEL shall be entitled to offset the Deposit or the advance payment paid by you against any amount owing to ALTEL.
12.1.3If you prematurely terminates your monthly installment scheme, all his remaining payment will be forfeited and will not be refunded.
12.1.4ALTEL reserves the right to forfeit/not refund the remaining payment credit to you if you fail to promptly pay all Monthly Charges and Monthly Fees as imposed by ALTEL.
12.1.5ALTEL 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 there with shall be borne by you.
12.1.6 It is hereby agreed that a statement of account issued by ALTEL, shall be deemed to be conclusive evidence of your indebtedness 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 ALTEL or its agents, or solicitors, shall be deemed served on you in accordance to Clause 20 herein.
12.2Due Dates (if applicable)
12.2.1You shall be responsible for all usage of and charges for the Service including but not limited to payment of all the Service charges and any other related charges due to ALTEL pursuant to the Terms and Conditions in a timely manner.
12.2.2You must pay ALTEL on or before the date specified in your respective bill (“Due Date”) without need of any further notice. You may make such payment at any ALTEL service centres, call centres, branches, payment kiosks, agencies or through collection agents duly authorised by ALTEL.
12.2.3ALTEL reserves the right to suspend, or disconnect the Services if any charges or part thereof shall remain unpaid after the Due Date, and ALTEL shall not be liable to you in any way for the suspension. A reconnection fee or such other amount at ALTEL’s discretion may be imposed on you for reconnection of the Service upon the expiry of the Suspension.
12.3Late Interest (if applicable)
All payments due by you as stated in the your bill statement shall be paid promptly and ALTEL reserves the right to charge interest on all late payments at the rate of 1.5% per month simple interest or such other rate as may be notified by ALTEL from time to time, both before and after judgment
12.4Disputed Amount (if applicable)
12.4.1In the event that a bill is disputed by you, you agree to pay to us the entire total amount as indicated on the disputed bill without deduction or set-off and ALTEL agree to refund any monies found to be charged incorrectly after reasonable and proper investigation.
12.4.2If a billing dispute is not raised within 7 days of the bill issue date, charges will be deemed correct and payable by you.
12.5.1Unless expressly stated otherwise, the charges payable for the services under this Agreement are exclusive of GST. You must pay to ALTEL in addition to the charges, for the services, an amount equal to any GST payable on the supply of the Services in accordance to the relevant laws of Malaysia for the time being in force. That additional amount is payable at the same time any part of the charges for the Services is payable. ALTEL will issue a tax invoice to you for the supply of those services at or before that time.
12.5.2You shall be solely responsible for and required to pay all other taxes payable by you as are chargeable under the laws of Malaysia for the time being in force.
12.6Cancellation of Services
12.6.1In the event you cancel the Services at any time after the Agreement has become effective but before rendering or billing of the Services, notwithstanding the cancellation, be liable for all costs, expenses and/or fees incurred by ALTEL in connection with or in preparation for the provision of the Services to you.
12.7Credit Limit (if applicable)
12.7.1ALTEL shall have the rights to impose Credit Limit on charges for the Services under your Account which are payable and incurred by you. Any Credit Limit imposed by ALTEL is subject to revision by ALTEL from to time, whenever it feels necessary, at its sole discretion.
12.7.2You shall at all times adhere to the Credit Limit imposed by ALTEL and your monitor your usage of the Services so that it does not exceed the prescribed Credit Limit.
12.7.3Any message or notification in respect of your usage exceeds the Credit Limit may be made by ALTEL (but ALTEL is not obliged to do so) directly to your phone devices and/or relevant equipment for the transmission of such message or notification or through any other communication means as prescribed under this Agreement. Whenever such message or notice is sent out to you directly to your phone devices and/or relevant equipment, you are deemed to have accepted such message or notice.
12.7.4ALTEL may at its sole discretion impose Services barring should the usage of the Services surpasses the Credit Limit.
12.8Refund and Deposits
12.8.1You shall, upon the submission of your application for registration via the Registration Form, pay ALTEL the advance payment and/or deposit and such other fees and charges as required by ALTEL upfront before you can receive the Service.
12.8.2The amount of such deposit and advance payment shall be determined by ALTEL.
12.8.3ALTEL’s acceptance of any form of deposit or advance payment from you does not affect any of your responsibilities under this Agreement.
12.8.4If you or ALTEL terminate the Contract in accordance to this Agreement, ALTEL will return the deposit or advance payment free of any interest to you less any outstanding Charges and/or any penalties you owe us within a reasonable time.
12.9Automated Payment Channel (if applicable)
12.9.1ALTEL may at its discretion provide you with payment channel for your bills to be made through automated payment channel (“Automated Payment”) and the same shall include but not limited to credit cards, charge cards or tele-payment to be introduced by ALTEL from time to time. You may use such Automated Payment subject to the terms imposed by ALTEL herein. This Automated Payment is only intended for the settlement of periodic bills.
12.9.2In order for you to use the Automated Payment, you are required to make an application for the same at any applicable outlet notified to you by ALTEL.
12.9.3You are responsible to notify ALTEL in the event your credit or charge card is lost, stolen, expired or terminated. You are also required to notify ALTEL if you wish to terminate and/or discontinue the Automated Payment.
12.9.4Subject to your application for the Automated Payment and ALTEL permission/approval of the same, the payment through the Automated Payment shall commence on the commencement date as specified by ALTEL and settlement of bills prior to such commencement date shall be settled and remitted by you to ALTEL through an ordinary manner.
12.9.5ALTEL shall in any way whatsoever be held liable to you if it fails to process, effect the deduction/settlement of your bill and it shall not for any reason whatsoever absolve your obligation to make timely payment of the amount due before the Due Date.
12.9.6In performing the Automated Payment, ALTEL may verify the information provided by you with the credit card issuer or any third party which ALTEL feels necessary. ALTEL may forward your bills and any other details to the card issuer, financial institution and other relevant parties with respect to the Automated Payment. In connection with your subscription for the Automated Payment, you hereby authorize ALTEL to do the foregoing.
12.9.7If ALTEL does not receive the full payment of the outstanding sum due from you following a completed Automated Payment transaction or the bank or financial institution claims back or deducts back any payment made to ALTEL, ALTEL reserves the right without prior notice to you to reverse any payment entry in your statement of account or reinstate the charge in your Account.
- PROMOTIONS, PLANS AND PACKAGES
13.1 You may have the choices to subscribe to the ALTEL Services’ packages, promotional package and plans (“Package”)introduced from time to time. Each Package may have its own terms and conditions which you shall adhere to during your subscription of ALTEL’s Services.
13.2 ALTEL may at its sole discretion from time to time introduce any bonus and privileges campaign, benefits and/or scheme for the Services for your good usage experience of ALTEL’s Services subject to the terms and conditions.
13.3 ALTEL reserves its right to change, amend, revoke, withdraw, replace and/or vary the Package’s details and benefits with or without notice to you and migrate you to another package or promotional package as ALTEL deems fit.
- MOBILE NUMBER, EQUIPMENT AND DEVICES
14.1.1The Mobile Number or other network addressing information (such as, IP address) as specifically assigned to you is not assignable, exchangeable or transferable unless with ALTEL’s written consent. You understand and acknowledge that you shall have no rights in any way whatsoever to the Mobile Number allocated to you except for the sole purpose of using the Services in accordance with the Terms and Conditions.
14.1.2ALTEL reserves all rights to withdraw or change the Mobile Number allocated to you pursuant to the compliance with any requirement of the regulatory authority including SKMM and for such other reasons as ALTEL deems fit and necessary in its absolute discretion. ALTEL shall endeavour to give you reasonable notice in such event and provided that the circumstances permit.
14.2.1Your equipment (i.e. your phone or other device which comprises a transmitter and receiver for radio communications services) must be type-approved by a certifying agency registered with the SKMM.
14.2.2You are responsible to equip yourself with all the necessary and compatible phone, equipment, hardware and software required to utilise any of the Services offered. ALTEL shall not be held liable in the event you are unable to enjoy the Services due to your failure to do so.
14.3.1The SIM Card shall at all times remain the exclusive property of ALTEL and you shall not transfer and/or assign the SIM Card to any person without ALTEL’s prior written consent.
14.3.2ALTEL is not under any obligation to compensate you for your lost, stolen, damaged, faulty or cloned SIM Card or for any unused credit balance including any data stored in that SIM Card.
14.3.3If ALTEL chooses to replace your SIM Card, you will be charged for such replacement in the amount as may be determined by ALTEL at any time and from time to time. ALTEL shall not at any time, be responsible for any cost directly or indirectly incurred to replace your SIM Card.
14.3.4ALTEL will replace a defective SIM Card at no cost if the defect is proven to ALTEL’s satisfaction to have been caused by the manufacturer or supplier of the SIM Card and provided that you return the defective SIM Card to ALTEL within fourteen (14) days from the date the Services are activated or from the date the Starter Pack is purchased from the ALTEL or ALTEL’s authorised distributor or dealer, whichever is applicable. Proof of purchase of the Starter Pack must be furnished to the ALTEL, failing which ALTEL shall at its absolute discretion decide not to replace the defective SIM Card.
14.3.5You shall take all precautionary steps to prevent loss, theft, unauthorised use and/or cloning of the SIM Card. In the event of any loss, theft, unauthorised use and/or cloning of the SIM Card, you shall immediately notify us. You shall remain liable for all charges and costs incurred in relation to the SIM Card including all costs associated with its unauthorised use.
14.3.6All SIM Cards must be activated within Malaysia and before the expiry date printed on the Starter Pack.
14.3.7You shall, as required by law, register your personal particulars with ALTEL upon the purchase of the Starter Pack.
14.3.8If you fail to register or activate the SIM Card or the use of the Services is not activated by you, by the expiry date printed on the Starter Pack, the SIM Card will be deactivated. No refund shall be given to you in respect of the same.
14.3.9ALTEL may at any time terminate your SIM Card and bar your access to the Services if you breach any of the Terms and Conditions or otherwise without giving any reason whatsoever including but is not limited to if you fail to register.
- VARIATIONS AND AMENDMENTS
15.1You hereby unconditionally and irrevocably agrees and authorize ALTEL at any time and from time to time and with or without notice to you, to revise, amend, delete, vary, modify and/or supplement all or any of the Terms and Conditions herein contained.
15.2The prevailing Terms and Conditions are as updated on the Altel Website and the updated Terms and Conditions shall apply and supersede any and all previous versions.
15.3You are responsible to regularly review information relating to the Services posted on the ALTEL Website which may include changes to the Terms and Conditions. Your continued use of the Services after the effective date of any change to the Terms and Conditions shall constitute unconditional acceptance of such variations, additions, deletions, amendments, modifications by you and you shall be unconditionally bound by the same. If you do not accept such changes, you shall be entitled to terminate the use of the Services.
- CONFIDENTIALITY, INTELLECTUAL PROPERTY RIGHTS AND PERSONAL DATA
16.1.1For the purpose of this Clause, “Confidential Information” means all proprietary non-public and confidential or personal data of the Parties or information which the Parties may have access to or which may have come to the knowledge of the Parties and/or pursuant to this Agreement and/or any information in respect of the security arrangements between ALTEL and you under this Agreement. Your Confidential Information shall not include information which (i) is in the public domain at the time of disclosure or later enters the public domain through no fault of ALTEL, and/or (ii) is received by the ALTEL from a third party not associated and/or related to you; and/or (iii) is presently known to ALTEL; and/or (iv) is required to be disclosed by law, judicial or administrative process or by governmental authority and/or (v) with your written consent including the personal data which are consented to by you pursuant to the clauses aforementioned.
16.1.2You covenant with ALTEL that you shall keep all of ALTEL’s Confidential Information in confidentiality and shall not divulge or disclose ALTEL’s Confidential Information for its or any third party’s undue benefit. This confidentiality obligation shall survive notwithstanding any lawful termination of this Agreement.
16.1.3You hereby irrevocably and unconditionally acknowledges and agrees that you shall not:-
- use any information or content or any parts thereof (whether in its original or adapted form) received as part of the Services, for purposes of creation of any commercial products, whether tradable or otherwise including but is not limited to, any derivative products whether for your own purposes or for the purposes of any third part.
- disseminate or provide to any third party information or any part thereof (whether in its original or adapted form) received as part of the Services and any other information or content (whether in its original or adapted form) received as part of the Services, of which the ALTEL shall inform you from time to time.
16.2Intellectual Property Rights
16.2.1ALTEL’s Mark, Intellectual Property Rights, articles, graphic representation, company name, domain name(s) of the ALTEL including but is not limited to the Altel Website are proprietary to the ALTEL and you cannot invoke and/or claim any rights in this respect or any other Intellectual Property Rights from ALTEL and this Agreement does not give you any interest in the ALTEL’s Mark and/or the ALTEL Website except the right to use the same in accordance with the Terms and Conditions of this Agreement.
16.2.2All Intellectual Property Rights in relation and/or attached to the Altel Website shall belong to the ALTEL. No Intellectual Property Rights are assigned to you based on this Agreement in any manner whatsoever.
16.2.3You shall grant ALTEL an irrevocable, worldwide royalties free licence to copy and adapt and reproduce in any manner whatsoever any information generated through your use of the Services to the extent necessary for ALTEL to provide or to promote the Services or for the Services.
16.3.1By providing your Personal Information or obtaining the Services, you acknowledge and agree that you have given ALTEL your consent to collect, record, hold, store, use and disclose your Personal Information for purposes which are necessary or related to the provision of Services by ALTEL according to (a) ALTEL’s Privacy Statement which is available on Website and (b) the Personal Data Protection Act 2010 (“PDPA”).
- SUSPENSION AND TERMINATION
17.1This Agreement or the Services may be terminated and/or suspended by ALTEL upon the occurrence of any of the following events:-
(a) if you default in any payment to the Service and/or any other monies covenanted to be paid hereunder including but is not limited to any default interest payable thereto after the same shall have become due by you to ALTEL whether formally demanded or not; or
(b) if you commit or threaten to commit a material breach of any term, stipulation, covenant or undertaking contained in this Agreement; or
(c) if you commit a breach of and/or violate any applicable laws in connection with the terms and conditions under this Agreement; or
(d) if there is any technical problem occurs in the Services or related network; or
(e) while the Services are being upgraded, modified or maintained; or
(f) when it is for the purpose of testing or correcting any malfunctioning of the phone or ALTEL’s system; or
(g) if you do anything which may in ALTEL’s sole opinion, lead to, including but not limited to, the damage or injury to the Services or the ALTEL’s related network or operation or its reputation and business goodwill; or
(h) if ALTEL is required to do so by law, statute, enactment, ordinance, code or by any other relevant authorities; or
(i) if it is in ALTEL’s sole opinion that the Services or ALTEL’s host network is or may be used fraudulently, illegally or for unlawful purposes; or
(j) any other reason that may be determined by ALTEL and published on ALTEL Website from time to time.
18.2 ALTEL will endeavour to resume the Services as soon as possible in the event the suspension or disconnection occurs due to the circumstances as stated at Clause 18.1 (d) and (e) above. You shall be liable for all applicable charges during the period of interruption, suspension, disconnection or loss of the Services or part thereof from any cause whatsoever.
18.3ALTEL shall, notwithstanding any contrary provisions herein contained and in addition to but without prejudice to any other termination rights as may be conferred and contained in this Agreement, be entitled at any time thereafter, without further notice to you and without any obligation to provide you with any explanation whatsoever and without prejudice to all other rights, powers and remedies conferred on ALTEL by virtue of this Agreement or by operation of by law or equity, to terminate this Agreement forthwith and thereafter this Agreement shall terminate and cease to have any effect upon the other parties’ receipt of such notice and neither Party hereto shall have any claims against the other save and except for any antecedent breach of this Agreement.
18.4You may terminate the Agreement by giving ALTEL written notice of termination. The Services shall be terminated within three (3) Business Days from the date of receipt of the written termination notice by ALTEL from you.
18.5Upon termination of this Agreement, the Subscriber shall immediately or within such extension of time as may be granted by ALTEL in writing and at its absolute discretion (if any):-
a) settle all outstanding charges and other sums due and owing to ALTEL pursuant to this Agreement (if any) including charges for the usage of the Services and any other outstanding and/or commitment amounts, including all those under a fixed contract period; and
b) return the SIM Card to ALTEL.
c) ALTEL may at its absolute discretion terminate all other benefits, entitlements, and promotions upon termination of this Agreement without being liable to you in whatsoever nature.
18.6 Termination shall be without prejudice to any existing rights and/or claims that ALTEL may have against you, and you shall continue to fulfill your obligations including payment of all outstanding charges prior to the date of termination.
18.7In the event of any suspension of the Services, the ALTEL may at its absolute discretion reconnect the Services, subject to you paying a reconnection fee and all outstanding amount due including any late payment interest therein to ALTEL.
18.8In the event, for any reason whatsoever, ALTEL ceases to provide the Services then:
a) a mobile network operator other than ALTEL (“Replacement Operator”) may step in and provide you with services instead of the Services, and such services may, but will not necessarily, be similar or equivalent to part or all of the Services. The range and nature of such services offered to you shall be at the sole and absolute discretion of the Replacement Operator;
b) if a Replacement Operator does decide or expresses an intent to provide services to you instead of ALTEL, ALTEL will release your personal information to such Replacement Operator, and such Replacement Operator will inform you of the services they propose to offer;
c) A Replacement Operator will only take responsibility for the provision of part or all of any services being provided to you by ALTEL. You shall in no circumstances have any right to demand or take any action against a Replacement Operator for the continued provision of any specific ALTEL’s Services or for any non-communications service that ALTEL was providing to you, regardless of whether or not such non-communications services were accessible from your mobile handset or whether ALTEL indicated to you that any Replacement Operator would provide any such services;
d) Your execution of the Registration Form and your acceptance of this Agreement constitutes written consent and authorisation to a Replacement Operator to do any acts necessary or incidental to give effect to this clause, and to promptly pay on demand the Replacement Operator for any services provided pursuant to this said clause that you continue to receive and use. For the avoidance of doubt, the Replacement Operator may be the Associated Operator.
- FORCE MAJEURE
19.1“Force Majeure Event” means any physical event or circumstance beyond the control of a Party which prevents that Party from performing its obligations under this Agreement or uncontrollable events which make it impracticable or commercially unreasonable for the Party affected by such events to perform under the terms of this Agreement, which events shall include but is not limited to acts of God, acts of war, invasion, act of foreign enemy, hostilities, warlike operations, civil disobedience, rebellion, insurrection, military or usurped power or confiscation by order of any Government or public authority, terrorism or threat of terrorism, military call-ups and other situation or crisis, mutiny, riots, mobilisation, unusual or unexpected shortage of labour, labour lockouts, strikes or other industrial actions, sabotage, action or intervention of authorities, boycott, unexpected change in weather conditions, damage caused by thunderstorm, flood, hurricane, typhoon, earthquake, tornado, cyclone, volcanic eruption or other natural disaster, disturbance in electric supply, or scarcity of transport equipment or fuel. For avoidance of doubt, an act of terrorism means an act, including but not limited to the use of force or violence and/or threat thereof, any person or group(s) of persons, whether acting alone or on behalf of or in connection with any organisation(s) or government (s), committed for political, religious, ideological or similar purposes including the intention to influence any government and/or to put the public, or any section of the public in fear. For avoidance of doubt, a Force Majeure Event shall not include any event or circumstance which may be avoided by an act or omission of a Party hereto.
19.2Neither party shall be liable to the other in respect of the performance of obligations under this Agreement upon occurrence of any Force Majeure Event. Although ALTEL will use its best efforts to ensure adequate sources of supply of raw materials and component parts to comply with its obligations under this Agreement, ALTEL reserves the right to declare any shortages thereof a Force Majeure. An operating error caused by the Subscriber, a defect in equipment or in a communication connection or line, interruption, break-down or disturbance in telecommunications or telecommunication connections, as well as a network operator’s error shall also be deemed to constitute such ground for relief on the part of ALTEL.
19.3Notwithstanding anything contained herein, no Force Majeure Event shall apply to any obligation to pay any sum of money under this Agreement in a timely manner by you in accordance with the provisions of this Agreement.
20.1All notices, requests and/or other communications to be given by ALTEL to you under these Terms and Conditions shall be in writing through the following means:-
- by sending notice, correspondence or other documents to the your address as stated in the Registration Form or to your last known address; as the case maybe; or
- by publishing notices, requests and/or other communications in the Altel Website, written media, electronic mail and/or electronic media;
20.2All notices, requests and/or other communications to be given by you to ALTEL under these Terms and Conditions must be in writing and sent to the address as set out above or such address as notified in writing by ALTEL to you.
20.3All notices, requests and/or other communications given by you to ALTEL pursuant to clause 20.1 shall be deemed to have been served if:-
- if delivered by hand, at the time of delivery;
- if sent by prepaid registered post, on expiry of five (5) days after posting;
- if sent by facsimile transmission, at the time of transmission provided that a written confirmation copy is sent by post to the addressee within two (2) Business Days after the transmission; and/or
- if through ALTEL Website, written media, electronic mail and/or electronic media, upon publishing.
- LIABILITY & INDEMNITY
21.1ALTEL shall not be liable or responsible in any manner of whatsoever nature for any loss or damage suffered by you or any other person as a result of using the Content of any information or data thereof including the damage or loss of data caused by virus or any other similar programmes.
21.2ALTEL shall not be liable for, and you agree to fully indemnify ALTEL against all claims, losses, liabilities, proceedings, demands, costs and expenses (including legal fees) which may result or which ALTEL may sustain in connection with or arising from the provision of the Services to you. You shall also reimburse ALTEL all such payments including but is not limited to taxes, levies and/or duties payable which ALTEL has advanced or settled on your behalf, whether under a statutory obligation or otherwise.
21.3ALTEL shall not be liable for any costs, loss or damages (whether direct or indirect), or for loss of revenue, loss of profits or any consequential loss whatsoever as a result of your usage of the Service or for whatsoever reason under the Agreement.
21.4 ALTEL shall not be liable or responsible in any manner of whatsoever nature for any loss or damage suffered by you or any other person as a result of using the Content of any information or data thereof including the damage or loss of data caused by virus or any other similar programmes.
21.5ALTEL shall not be liable for, and you agree to fully indemnify ALTEL against all claims, losses, liabilities, proceedings, demands, costs and expenses (including legal fees) which may result or which ALTEL may sustain in connection with or arising from the provision of the Services to you. You shall also reimburse ALTEL all such payments including but is not limited to taxes, levies and/or duties payable which ALTEL has advanced or settled on your behalf, whether under a statutory obligation or otherwise.
21.6Your use of the Services connotes that you agree to fully indemnify and keep ALTEL, its officers, employees, staff, workers, agents, contractors, authorised personnel fully indemnified against any loss, damage, claims, costs, expenses, liabilities, penalties arising from any claims for libel, invasion of privacy, infringement of copyright, patent, breach of confidence or privilege or breach of any law or regulation whatsoever arising from the material transmitted, received or stored via the Services or part thereof and from all other claims arising out of any act or omission by you or any unauthorized use or exploitation of the Services or any part thereof.
21.7Notwithstanding the foregoing, you agree that ALTEL’s entire liability in contract, tort (including negligence or breach or statutory duty) or otherwise to you (except for death or personal injury caused by ALTEL’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.
21.8You shall not hold any Associated Operator whose services are used in supplying the Services liable in any manner whatsoever (whether in contract, tort (including negligence) breach of statutory duty or otherwise), to the full extent permitted by law, for any loss or damage arising from or relating to the Services supplied to you by any such Associated Operator and/or any delay or failure to supply any services or goods to you.
21.9You shall not hold any Associated Operator whose facilities or network(s) are used by the ALTEL to provide the Services liable in any manner whatsoever (whether in contract, tort (including negligence), breach of statutory duty or otherwise), to the full extent permitted by law, for any loss or damage arising from or relating to any goods or services accessed or used by you via such facilities or network(s), where the goods or services accessed or used are provided by the relevant Associated Operator.
22.1.1You shall not assign or transfer any of their respective rights or obligations under this Agreement without the prior written approval of ALTEL. Any purported assignment or transfer made without such prior written approval of ALTEL shall not be binding on or effective against ALTEL.
22.1.2ALTEL may assign its rights under this Agreement to a third party, Associated Operator and/or Replacement Operator, and you hereby agree that such assignment may be affected by written notice to you. The ALTEL may novate its rights and obligations under this Agreement to a third party, Associated Operator and/or Replacement Operator. Your execution of the Registration Form and your acceptance of this Agreement constitutes written consent and authorization for such novation and for ALTEL to transfer all its obligations and rights under this Agreement to such third party, Associated Operator or Replacement Operator. For the avoidance of doubt, ALTEL will remain responsible to you for the performance of its obligations hereunder up to the effective date of any assignment, novation or transfer of this Agreement in favour of a third party, Associated Operator or Replacement Operator. You shall not assign or novate any or all of your rights/obligations hereunder to any other person without the prior written consent of ALTEL.
22.2Law and Jurisdiction
This Agreement shall be governed by, and construed in accordance with, the laws of Malaysia and the Parties irrevocably submit to the non-exclusive jurisdictions of the Courts of Malaysia.
22.3Invalidity and Severability
22.3.1If any provision of this Agreement is or may become under any written law, or is found by any court or administrative body or competent jurisdiction to be illegal, void, invalid, prohibited or unenforceable then:-
- such provision shall be ineffective to the extent of such illegality, voidness, invalidity, prohibition or unenforceability;
- the remaining provisions of this Agreement shall remain in full force and effect; and
- the Parties shall use their respective best endeavours to negotiate and agree on a substitute provision which is valid and enforceable and achieve to the greatest extent possible the economic, legal and commercial objectives of such illegal, void, invalid, prohibited or unenforceable term, condition, stipulation, provision, covenant or undertaking.
22.3.2 These Terms and Conditions shall have effect only to the extent not forbidden by law.
22.4Indulgence and Waiver
Any failure by ALTEL to enforce any terms herein, or any forbearance, delay or indulgence granted by ALTEL to you will not be construed as waiver of ALTEL’s rights provided under this Agreement.
The Agreement constitutes the entire agreement between the parties concerning the subject matter herein and supersedes all previous agreements, understanding, proposals, representations and warranties relating to that subject matter.
Time wherever referred to in this Agreement shall be of the essence.
The Agreement shall be binding on and shall inure for the benefit of each party’s permitted assigns, successors in title, personal representatives, executors and administrators.
Any stamp duty arising out of this Agreement shall be borne by you.