1.1 This Fair Usage Policy (“FUP”) is observed by Valyou Sdn Bhd (“Valyou”)[Company No: 200701008529 (766531-U) and implemented in accordance to the best industry practices in the provision of the prepaid mobile services and accompanying value-added services (collectively referred to as the “Services”) to you subject to the General Terms & Conditions governing the Services, additional terms and conditions specific to any value added services set out in the starter pack and on our Website www.hellosim.com.my ,all collectively referred to as the T&C. This FUP is incorporated as an integral part of the General Terms & Conditions governing the Services including any amendments, variations, modification or change which may be made from time to time which is updated on our Website. The use of the Services constitutes your unconditional acceptance to be bound by this FUP and T&C governing the use of the Services.
2.1 “Customer”, “you” and “your” wherever appearing in this FUP shall refer to the person subscribing to the Services, without limitation any entity or body corporate lawfully established under the laws of Malaysia and more specifically describing the person or entity as stated in any application form or through any personally identifiable data that is furnished to Valyou for the purposes of subscribing and use of the Services.
“Commercial Gain” means any form of profits earned and/ or gained by the Customer directly and/ or indirectly arising from usage/utilisation of the Services with any unauthorized device or any other ways in any manner whatsoever which unfairly exploit the Services or spamming activities for the purposes of unauthorized reselling as stipulated in this Fair Usage Policy (“Policy”).
3.1 This FUP is developed to ensure that you enjoy the full benefit from the best levels of service and the full fairness of usage of the Services while limiting to the best extent any abuse of the Service which may negatively impact, the usage of the Services by other customers, Valyou or Celcom Mobile Sdn Bhd [Company No: 197601002188 (27910-A) (“Celcom”).
4.1 We endeavour to provide a non-exhaustive list of what is considered prohibited use of the Services that is set out as follows:
5.1 You are bound by the laws of Malaysia in the use of the Services and shall not resort to any illegality in the use of the Services which may bring disrepute to Valyou or Celcom.
5.2 We shall deem the use of the Services by you as unlawful if:
6.1 You shall at all times keep your user ID, password and/or one-time-password (OTP), security questions and security answers (without limitation to those used for verification and authorization purposes for access to the Services) secret. You shall take all reasonable precaution to prevent disclosure of your password and/or OTP to any unauthorized person or third party.
6.2 You are responsible for the security and control of your own mobile device or any device which is lawfully permitted to access and use the Services.
6.3 You are responsible for taking all steps to ensure that you prevent any third party from gaining access to your device or to the network hosting the Services.
7.1 If the Services is used in a manner other than as permitted by the T&C and to the extent permitted by law or if we detect any unusual, irregular, suspicious, fraudulent or unauthorized activity in the manner of your use of the Services. We may at our sole discretion without notice take any action including but not limited to:
7.2 In addition to Clause 7.1, if we detect any unusual, irregular, suspicious, fraudulent or unauthorized activity in the manner of your use of the Services we may at our sole discretion suspend or terminate your use of the Services. We have the right to withdraw all or any privileges provided by us, with or without assigning any reasons.
7.4In any event your right to access the Services has been suspended or terminated, we reserve the right to deny you any rights to be reconnected for use of the Services. If, we at our discretion decide to reconnect your Services upon remedy of such breach or violation you will be liable to a reconnection fee to be determined by Valyou.