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This HelloSIM prepaid mobile service and accompanying value added services (collectively referred to as the “Service”) is provided to you by Valyou Sdn Bhd [Company No: 200701008529 (766531-U)] (hereafter interchangeably referred to as “VSB” or “Valyou”) subject to these terms and conditions and all guidelines and regulations governing the use of this Service by the Malaysian Communication and Multimedia Commission(“MCMC”) available at www.skmm.gov.my . Additional terms and conditions specific to our value-added services are set out in the User Guide in your starter pack and posted on our Website at www.hellosim.com.my. These, including amendments to them, which are hereby incorporated as an essential part of these VSB terms and conditions, all of which are collectively referred to as “T&Cs”.
You acknowledge that you have read and fully understood all these T&Cs. Your use of the Service, upon activation, constitutes unconditional acceptance to be bound by these T&Cs and any additional terms specific to various value-added services and these T&Cs including any amendments made from time to time. You confirm that you are competent to accept these T&Cs.
You must obtain your own mobile terminal equipment which is compatible with our communications system in order to use our Service. In order to use new services provided by us in the future, you may need to upgrade your mobile terminal equipment at your own expense. Your mobile terminal equipment (i.e. your mobile phone, or other device which comprises a transmitter and receiver for radio communications services) must be the type-approved by a certifying agency registered with MCMC.
The Service is provided on an “as is” and “as available” basis and VSB shall not be liable for and makes no express or implied representation or warranties of any kind in relation to the Service including but not limited to availability, accessibility, timeliness and uninterrupted use of the Service.
Airtime Credits can only be used during the active period stated in the User Guide starting from the date of your last recharge or first call made and varies with the denomination of airtime credits purchased. Airtime credits and/or any balance of airtime credits in your Account are not redeemable for cash. All your current unused airtime credits are recorded in your account maintained on your behalf by VSB (“Account”). If you fail to recharge your Account before the expiry of the grace period stated in the User Guide, your Account will be terminated, your airtime credit will be deemed expired upon termination of your Account and your mobile number will be withdrawn with immediate effect without any prior written notice from VSB. VSB will deduct from your Account the value of the Service used by you from time to time at call charges rates stipulated in the User Guide and/or as may be imposed at VSB’s absolute discretion from time to time.
5.1 The Sim Card shall remain the property of VSB at all material times and shall not at any time pass to you. VSB grants you the right to use the Sim Card for the purposes of the Service. Th Sim Card must be returned to VSB on demand.
5.2 The Service and /or features to be provided under the Sim Card will depend on the type of mobile terminal equipment used.
5.3 You must not transfer the Sim Card to any other person without VSB’s prior written consent.
In the event of loss, theft, unauthorized use and/or cloning of the SIM Card you shall immediately notify VSB. You shall remain liable for all charges and costs incurred in relation to the SIM Card including all costs associated with its unauthorized use.
Starter packs or Recharges Vouchers purchased from VSB shall have the following validity periods:
i. In the case of starter packs, a validity of no more than (1) calendar year from the date of manufacturer of a starter pack, such date being indicated on a starter pack.
ii. In the case of recharge vouchers, a validity of no more than two (2) calendar years from the date of manufacture of a recharge voucher, such date being indicated on a recharge voucher. You shall have no right to bring any claim whatsoever in respect of any expired starter pack or recharge voucher or any expired part or all of the prepaid credit sold via recharge voucher or any expired airtime credits.
When VSB allocate any telephone numbers to you, you will not have any rights to these numbers except for the sole purpose of using the Service in accordance with this T&C’s. You may transfer the telephone number allocated to you to another individual who wishes to subscribe to the same network service offered by VSB. You must not apply for registration of these telephone numbers as trademarks, whether on their own or together with any word or mark. VSB may withdraw or change any telephone number allocated to you, for commercial, operational or technical reasons or compliance with any requirement of the regulatory authority and VSB will endeavour to give you reasonable notice in this event.
9.1 You may port out from your existing mobile service provider (referred to as the “Donor Network Operator”), whether prepaid or postpaid services, into VSB’s network.
9.2 VSB will process your application for MNP within :
(a) one (1) day for individual account;
(b) five (5) days for corporate account;
subject to the approval of the Donor Network Operator.
9.3 You may experience service disruption during the porting out activity from the Donor Network Operator to VSB’s network. If you experience any disruption, you are advised to call Valyou’s customer service center at +6013 226 4461 or send us an email at info@hellosim.com.my Valyou may, upon receipt of your application to port out, notify you by way of SMS on the progress of your MNP request.
9.4 The mobile number that you request for MNP (i) must be within the range of mobile numbers approved by MCMC from time to time, subject however to (i) the existing geographic numbering requirements; and (ii) is subject to the approval of the Donor Network Operator.
9.5 Mobile numbers that have been suspended, terminated, blacklisted on the defaulter’s database and/or barred shall not be eligible for MNP.
9.6 You represent and warrant to VSB that at the time of making the MNP application that you are the registered user of the mobile number and/or authorized principal for all supplementary lines (as the case may be).
9.7 You must ensure that the identification documentation like your NRIC is valid and is not in blacklisted in any defaulter database.
9.8 You shall be responsible to ensure that you fully settle all outstanding bills from the Donor Network Operator prior to submitting your request for MNP, failing which your request for MNP may be interrupted.
9.9 For individual account, if you are the principal account holder for any supplementary lines, you are only allowed to port in only if all the supplementary lines under your account are porting in to Valyou.
9.10 If you are an existing postpaid user from a Donor Network Operator, you shall ensure that the usage of your existing service does not exceed the credit limit set by your Donor Network Operator.
9.11 You may only request for MNP if your existing service with the Donor Network Operator is not under contract. In which case, you may only procced with your request for MNP if you terminate the contract with the Donor Network Operator and the cost of such termination shall be borne by you. Valyou shall not be responsible for any losses, damages and /or misappropriation arising from the termination of your service with the Donor Network Operator.
9.12 All services without limitation SMS, any additional functions, features and facilities which is currently available or being currently subscribed by you to access and use the services offered by the Donor Network Operator will be terminated upon successful MNP activation by Valyou.
9.13 You shall be solely responsible for all charges incurred by you, including but not limited to any and all outstanding payments and termination fee due and imposed on you by the Donor Network Operator. Service may be interrupted in the event there is non-payment of any outstanding charges owing by you to the Donor Network Operator.
9.14 Any remaining credit in your existing prepaid mobile number will be forfeited by the Donor Network Operator upon successful activation of your Service with Valyou.
9.15 Valyou may impose a fee for every number or specific number (as the case may be) that you request for MNP. No refund shall be made for any rejection, cancellation, unsuccessful MNP or withdrawal of MNP request due to any reason whatsoever.
9.16 If the mobile number which you request for MNP is not approved by the Donor Network Operator for any reason whatsoever, upon resolving the matter with the Donor Network Operator, you may continue with your application for MNP, subject to processing charges which shall be borne by you.
9.17 In the event that:
(i) VSB does not receive any instructions from you within thirty (30) days from the date your request for MNP is rejected by the Donor network Operator; or
(ii) approval from the Donor Network Operator is not obtained within twenty-one (21) days from the date of your request;
VSB may, at its sole discretion cancel your request for MNP.
By signing the registration form, you have given us your consent to use your personal information for lawful purposes, including but not limited to, providing assistance to law enforcement or other government agencies, to our research companies, for joint promotional activities, for managing bad debt and preventing fraud. You also authorize us to share and disclose your personal information, with our related and associated companies, corporate shareholders, Associated Operator (as defined in Clause 14 below), or Replacement Operator (as defined in Clause 16 (vi) below), third parties and/or relevant authorities for the provision of the Service, integrated or related services, marketing programs, and/or towards the detection and prevention of crime in the manner specified in our privacy policy posted on our Website as amended from time to time. You further authorize VSB, any third party, Associated Operator and / or Replacement Operator to use your personal information in any lawful manner as they deem fit and to disclose your personal information to the third party’s Associated Operator’s and/or Replacement Operator’s holding company, related companies, subsidiaries and/or any other entity within the third party’s Associated Operator’s and/or Replacement Operator’s group of companies for any lawful purpose. Your acceptance of these T&Cs constitutes written authorization to such use and disclosure of your personal information.
You are responsible for the use of the Service under your Account(s) and for any information, text, sound, music, software, photographs, videos, graphics, data, messages or other materials (collectively “Content”), disseminated through your Account(s).
11.1 You must:
i. provide accurate and complete information to us and inform us immediately of any changes in any particulars or information given to us in your application for the Service including, but not limited to, any changes in address and/or contact particulars;
ii. comply with all relevant laws and guidelines set by the MCMC including but not limited to your obligation to comply with the relevant requirements applicable to you under the Commission Determination on the Mandatory Standard for the Provision of Services Through a Mobile Virtual Network (Determination No 3 of 2015 issued on 12th October 2015) and any subsequent amendments thereto;
iii. comply with all applicable laws, rules and regulations and any requirements or restrictions which VSB may impose from time to time on the use of the Service or any telecommunications system and equipment;
iv. not to be involved in any fraudulent, improper, illegal, unlawful or unauthorized or attempted fraudulent, improper, illegal, unlawful or unauthorized use of the Service, SIMs, starter packs, recharge vouchers or any products or goods provided by VSB, at any time, or knowingly or negligently allow any other person to do the same;
v. cease to utilize the Service or any part thereof for such period as may be required by VSB;
vi. ensure that the Service is used solely for the reception and transmission of message (including without limitation picture, data and audio files) and other telecommunications by you or other persons using your mobile phone;
vii. not use the Service to cause embarrassment, distress, annoyance, irritation or nuisance to any person;
viii. comply with all notices or directions relating to your use of the Service and your SIM Card as VSB may see fit to issue from time to time or if VSB has reason or cause to suspect that you are not complying with your responsibilities and obligations under these T&Cs;
ix. be fully responsible for any voice or data transmitted or broadcasted by you or persons using your mobile phone (whether authorized by you or not);
x. at all times keep your personal identification number (PIN) of your SIM Card confidential and not release the PIN to any person;
xi. not adversely affect the operation of the network managed through which the Service is provided and shall further not knowingly or negligently allow any other person to do the same.
11.2 You must not use or allow any part of the Service to be used:
i. to transmit or post any Content which may give rise to civil liability or otherwise violate any applicable laws, rules or regulations;
ii. 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 rights;
iii. to be resold or otherwise provided to third parties without our prior written consent, whether for profit or not;
iv. in a manner that results in VSB being liable for any loss or damages under any applicable laws, rules or regulations;
v. whereby any information or content or any parts thereof (whether in its original or adapted form) received as part of the Service, for purposes 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; and
vi. whereby you or cause any third party to disseminate any Kuala Lumpur Stock Exchange information or any part thereof (whether in its original or adapted form) received as part of the Service or any other information or content (whether in its original or adapted form) received as part of the Service, as VSB shall inform you from time to time.
Content provided by VSB via the Service is provided by VSB or third parties. VSB does not filter or edit the Content. You acknowledge that VSB is under no obligation to censor the Content or information provided, even if it is co-branded or promoted by VSB. VSB does not warrant and in particular does not guarantee the sequence, accuracy or timeliness of the Content, and VSB disclaims all liability in relation to Content provided. By using the Service, you acquire no rights or interests to the Content and you agree not to distribute or forward the Content to anyone else. VSB shall not be liable for and makes no express or implied representation or warranties of any kind in relation to sequence, accuracy, completeness or the security of any data or information transmitted using the Service.
VSB may from time to time and at its absolute discretion and without prior notice change, withdraw any part of the Service without being liable for any loss or inconvenience to you.
14.1 VSB shall not be liable for any costs, loss or damage (whether direct or indirect), or for loss of revenue, loss of profits or any consequential loss whatsoever as a result of you using the Service or for whatever reason under this T&Cs. Despite the above, VSB’s entire liability in contract, tort (including negligence or breach of statutory duty) or otherwise to you (except for death or personal injury caused by our negligence) shall be limited to RM300.
14.2 You acknowledge that VSB may use under the terms of commercial arrangement facilities, goods or services of another operator (‘Associated Operator”) in the course of providing the Service and any other telecommunication services or goods to you. Such operator refers to any network facilities provider, network service provider or applications service provider licensed under the Communications and Multimedia Act 1998 (as amended) or other equivalent person outside Malaysia who lawfully operates a Network within or outside Malaysia (as the case may be) and who is not a party to this Agreement.
14.3 You shall not hold the Associated Operator whose services are used in supplying the Service 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 Service supplied to you by any such Associated Operator and/or any delay or failure to supply any services or goods to you.
14.4 You shall not hold any Associated Operator whose facilities or network(s) are used by VSB to provide the Service 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 are provided by the relevant Associated Operator.
14.5 You shall not be entitled to bring nor institute any claim, demand or cause of action directly to the Associated Operator for any reason whatsoever.
You shall indemnify VSB against all claims that anyone threatens or makes against VSB relating to your use of the Service or due to your breach, negligence or omission. You agree to bear all legal costs and expenses incurred by VSB in recovering any moneys, charges, cost, and expenses payable by you under these T&Cs, and you also agree to indemnify VSB against all costs, expenses, and charges or legal fees incurred by VSB in enforcing these T&Cs or in bringing any action or legal proceedings to recover all charges, cost, and expenses payable by you.
16.1 VSB shall be entitled at its absolute discretion to suspend, terminate or disconnect access to the Service without notice or compensation to you:
i. if any technical failure occurs in the Service or outage in the network through which the Service is provided;
ii. while the Service or network is being upgraded, modified or maintained;
iii. if you breach any of these T&Cs;
iv. if you do anything which may in the opinion of VSB lead to the damage or losses to the Service; or
v. if it is in VSB’s opinion that the Service is or may be used fraudulently or for unlawful purpose. VSB will endeavour to resume the Service as soon as possible if suspension or disconnection occurs for the reasons set out above. You shall be liable for all applicable charges during the period of such interruption, suspension or loss of the Service or part thereof from any cause whatsoever.
vi. if your registration details were found to be inaccurate or false and such inaccuracies are unable to be rectified within the stipulated time given by VSB. In the event of such termination, the remaining balance of your airtime credit will be forfeited and VSB is under no obligation to re-issue the same number to you during any new registration in the future.
vii. If you have been allocated the Service with twelve (12) months validity through any promotion or offer and you fail to perform any airtime credit reloads for 3 months consecutive months during such twelve (12) months validity
16.2 In the event, for any reason whatsoever, VSB ceases to provide the Service then:
i. A mobile network operator other then VSB (“Replacement Operator”) may step in and provide you with services instead of the Service, and such services may, but will not necessarily, be similar or equivalent to part or all of the Service. Such services may, but not necessarily, include the ability for you to continue using your unused prepaid credit on the Replacement Operator’s system or network and the range and nature of such services offered to you shall be at the sole and absolute discretion of the Replacement Operator;
ii. If a Replacement Operator does decide or expresses an intent to provide services to you instead of VSB, VSB will release your personal information to such Replacement Operator, and such Replacement Operator will inform you of the services they propose to offer;
iii. A Replacement Operator will only take responsibility for the provision of partF or all of any services being provided to you by VSB. 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 VSB Service or for any non-communications service that VSB was providing to you, regardless of whether or not such non-communications services were accessible from your mobile phone or whether VSB indicated to you that any Replacement Operator would provide any such services;
iv. Your acceptance of these T&Cs constitutes written consent and authorization to a Replacement Operator to do any acts necessary or incidental to give effect to this Clause 16, and to promptly pay on demand the Replacement Operator for any services provided pursuant to this said Clause 16 that you continue to receive and use; and
v. In the event the Replacement Operator elects to provide its services to you on the same terms as these T&Cs on a continuing basis then, in the event of such election, your acceptance of these T&Cs shall also constitute written consent on your part to be bound by these T&Cs in respect of the services provided by the Replacement Operator, and in the event of the abovementioned election being made, these T&Cs shall be deemed to constitute an agreement between the Replacement Operator and you and references to ‘VSB’ shall be deemed to be references to the Replacement Operator, and references to the ‘Service’ shall be deemed to be references to the services being provided pursuant to these T&Cs to you by the Replacement Operator.
For the avoidance of doubt, the Replacement Operator may be the Associated Operator.
17.1 VSB shall only provide a refund to you in the following situation(s) and/or circumstances if:
i. VSB elects to cease operations resulting in the termination of the Service provided to you; and/or
ii. if VSB no longer has the necessary licenses or approvals to carry on with the Services.
17.2 The refund shall be made to you in the form of cash/cheque and/or electronic fund transfer for any unused airtime and/or deposit, provided always that the remaining balance of any unused airtime and /or deposit in your Account at the material time must be more than RM5.00
Termination will be without prejudice to any existing rights and/or claims that VSB may have against you, and you will still have to fulfill your obligations including payment of all outstanding charges, including but not limited to, administrative and legal charges, prior to the date of termination.
Without limiting the generality of any provision in the T&Cs, VSB and/or its related corporations shall not be liable for any failure to perform its obligations herein caused by an act of God, insurrection or civil disorder, military operations or terrorism, all emergencies, acts or omission of Government or any competent authority, industrial disputes of any kind, fire, lightning, explosion, flood, acts or omission of persons or bodies for whom VSB and/or the related corporations has no control over or any cause outside VSB and/or the related corporations reasonable control. The Service may occasionally be affected by interference caused by objects beyond our control such as buildings, underpasses and weather conditions. When this happens, VSB will not be responsible for any inability to use or access the Service, interruption or disruption of the Service.
20.1 VSB may assign or novate all or part of these T&Cs to any third party, Associated Operator and/or Replacement Operator, and you hereby agree that such assignment may be affected by written notice to you. VSB may novate its rights and obligations under these T&Cs to a third party, Associated Operator and/or Replacement Operator and your acceptance of these T&Cs constitutes written consent and authorization for such novation and for VSB to transfer all its obligations and rights under these T&Cs to such third party, Associated Operator or Replacement Operator. For avoidance of doubt, VSB will remain responsible to you for performance of its obligations hereunder up to the effective date of any assignment, novation or transfer of these T&Cs in favour of a third party, Associated Operator or Replacement Operator.
20.2 You shall not assign or novate any or all of your rights/obligations hereunder to any other person without the prior written consent of VSB.
VSB reserves the right at its absolute discretion, from time to time, to vary, add to or otherwise amend these T&Cs or any part thereof including without limitation the Service. You will be given notice of such amendments in accordance to Clause 24. Your continued use of the Service after the effective date of any variation, addition or amendments to these T&Cs shall constitute unconditional acceptance of such variations, additions or amendments by you and you will be bound by the same. If you do not accept such variation, addition or amendment, you shall be entitled to terminate the use of the Service.
You are responsible for all taxes, levies or duties, if applicable, in relation to the Service. You shall reimburse VSB on demand for any such expenses, which it is obliged to pay on your behalf.
These T&Cs shall be governed by and construed in accordance with the laws of Malaysia, excluding its conflict of law rules. Parties agree to submit to the exclusive jurisdiction of the Malaysian courts.
24.1 All notices, request and/or other communications to be given by VSB to you under these T&Cs will be published in the Website and/or published in national newspapers in the main languages, published daily and circulating generally throughout Malaysia and shall be deemed served when so published and/or such other forms as VSB deems appropriate.
24.2 All notices, request and /or other communications to be given by you to VSB under these T&Cs must be in writing and sent to Valyou Sdn Bhd, Suite 1316, Level 13, Lobby 3, Block A, Damansara Intan, No. 1, Jalan SS20/27. 47400 Petaling Jaya, Selangor or www.hellosim.com.my or such other address notified to you in writing.
i. If any of the provision in these T&Cs should be invalid, illegal or unenforceable under any applicable law, the legality and enforceability of the remaining provisions shall not be affected.
ii. No delay or indulgence by VSB in enforcing any term or condition of these T&Cs shall constitute waiver by VSB of your breach of these T&Cs.
iii. Those clauses which by their nature would survive the termination of the Service and/or T&Cs shall survive, including without limitation Clauses 3, 12,15,16,18 and 23.
iv. These T&Cs shall have effect to the fullest extent permitted by law. Nothing contained in these T&Cs shall be construed as an attempt to contract out of any provisions of the Consumer Protection Act 1999 and Communications and Multimedia Act 1998 where such Act is applicable.
v. To the fullest extent permitted by law, no rule of construction or interpretation shall apply to prejudice the interest of the party preparing these T&Cs.
vi. In the interpretation of these T&Cs, the singular shall include the plural and vice versa, words importing a gender will include other genders and, where you are more than one person, your obligations and liabilities will bind each person jointly and severally.
You are responsible for all taxes, including service tax, and stamp duty (if applicable) payable on VSB’s supply of the Service to you pursuant to these T&Cs.