1. INTRODUCTION

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. DEFINITIONS

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. POLICY OBJECTIVE

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. CONFIRMATION

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:

1. unless you are on a corporate plan, you must not use the Services to obtain a Commercial Gain by utilizing the Services to solicit any form of business to generate an income for yourself or others;
2. you are prohibited from sending, receiving, uploading or disseminating unsolicited electronic messages in any mode whatsoever without limitation through e-mails, instant messaging or voice-over-IP services that without limitation promotes or facilitates any offer to sell any goods or services, advertising or promotional materials;
3. you may not use the Services in connection with any other device, software, App, program or code which may negatively impact Valyou, Celcom or impair the use of the Services by other customers including without limitation traffic from peer-to-peer software or any file sharing software;
4. you must not conduct the use of the Services through unusual calling patterns which is inconsistent with the normal use of an individual plan;
5. you must not use the Services in a manner that will cause network congestion or set up switch devices to be used in connection with this Services that may limit the ability of other customers to access our network;
6. you shall not whether knowingly or otherwise introduce any virus or software that is intended to damage, disable or destroy the operating system of the Services.

5. UNLAWFUL USE OF THE SERVICES

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:

1. you send, receive, upload or disseminate any unsolicited electronic messages in any mode whatsoever without limitation through e-mails, instant messaging or voice-over-IP services which is abusive, offensive, defamatory, indecent, obscene, unlawful, harassing, in breach of copyright, trademark, intellectual property including that which you know or are aware of to be fraudulent or made with the intent to deceit the recipient;
2. you knowingly upload or transmit any digital or electronic material(s), SMS or instant messaging including but not limited to files that are corrupted or contain viruses or any program which is known to interrupt, damage, destroy, limit, disable, cause malfunction, disrupt connectivity or generally that impairs the functionality of any software, hardware, server function or equipment owned by Valyou, Celcom or any other customer who uses the Services;
3. you engage in any activity of downloading, installation or distribution of pirated software, unlicensed software, falsification of the source of origin of any software or material or use the Services in breach of any third-party rights;
4. you use the Services for spamming or launch any activity such as mail bombing, flooding attacks and/or denial of services attacks against the host or our network;
5. you obstruct our security systems from operating or avert the functionality of our operating systems or network.

6. SECURITY IN THE USE OF THE SERVICES

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. SUSPENSION & TERMINATION

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:

1. manage the bandwidth by reducing/throttling the speed (where applicable);
2. interrupt, suspend, cancel or limit your right of access to the Services (or any feature of it);
3. terminate the Services;
4. change your plan to one with no unlimited usage components (where applicable); or
5. the imposition on you of a liquidated ascertained damages of an amount to be determined by Valyou from time to time per each breach committed.

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.

7.3 In the event your right of access to the Services is or any part of it is interrupted, suspended, cancelled or limited or is terminated as a consequence of the breach of the terms of use of any of the Service under this Policy, you may appeal for reactivation of the Services in accordance with Valyou’s prevailing policies and procedures.

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.

7.5Valyou’s failure to take any action in the event of a breach of the terms of use of the Services under this Policy shall not be construed as a waiver of the right to enforce such terms, conditions, or policies.