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Introduction
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Celcom's M2M Connected Services Centre ("Portal") is made available by Celcom Mobile Sdn Bhd (Company No 27910-A) ("Celcom") to provide subscription information to Celcom's customers ("you" or "your") and to enable you to perform interaction relating to your M2M service subscription ("Service").
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The following terms and conditions ("Terms and Conditions") and Privacy Policy which may be found at
m2mconnect.celcom.com.my
and which is incorporated herein by reference into these Terms and Conditions, govern your access to the Portal and any service provided by the Portal. By accessing or using this Portal, you are indicating that you have read, understood and agreed to be bound by these Terms and Conditions, whether or not you have registered with the Portal.
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These Terms and Conditions shall come into effect upon your acceptance of the Terms and Conditions when you click the "Accept" button upon your initial access to the Portal.
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1.
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Account Registration
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You are required to register with the Portal and creating an account ("Account") when you use the Portal. In using the Portal:
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(a)
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you shall provide up to date, accurate and complete personal information for the purpose of the creation of the Account and you shall keep Celcom informed of any changes to your personal information;
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(b)
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keep your username and password created under the Account confidential at all times and not release the same to any person;
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(c)
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you shall be responsible for any activities or charges incurred under your Account whether such activities or charges were authorized by you; and
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(d)
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you shall inform Celcom as soon as reasonably practicable of any unauthorized usage of your Account.
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2.
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Equipment
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2.1
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You shall be responsible to ensure that your equipment ("Equipment") is compatible with the provision of service via the Portal. In the event that changes and upgrades are introduced to the Portal, you shall be responsible to ensure the continued compatibility of the Equipment and you shall have no claim whatsoever against Celcom arising therefrom.
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3.
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Your License
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3.1
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Subject to your compliance with these Terms and Conditions, Celcom grants you a non-exclusive limited license to use the Service at the Portal, for personal, non-commercial purposes in compliance with these Terms and Conditions. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display or otherwise exploit the Portal, except as expressly permitted in these Terms and Conditions. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Celcom, except for the licenses and rights expressly granted in these Terms and Conditions.
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4.
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Third Party's Website
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4.1
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The Portal may contain links to third-party websites or resources ("Third Party's Website"). Links to the Third Party's Website do not imply any endorsement by Celcom of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
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4.2
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You acknowledge and agree that Celcom shall not be responsible or liable for:
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(a)
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the availability or accuracy of the Third Party's Website; or
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(b)
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the content, products, or services on or available from the Third Party's Website.
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5.
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Prohibitions
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You shall not:
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(a)
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use, display, mirror or frame the Portal, or any individual element within the Portal, Celcom's name, any Celcom trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Celcom's express written consent;
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(b)
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access, tamper with, or use non-public areas of the Portal, Celcom's computer systems, or the technical delivery systems of Celcom's providers;
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(c)
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attempt to probe, scan, or test the vulnerability of any Celcom system or network or breach any security or authentication measures;
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(d)
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avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Celcom or any of Celcom's providers or any other third party (including another user) to protect the Portal, Services or Content;
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(e)
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attempt to access or search the Portal, Services or Content or download Content from the Portal or Services through the use of any engine, software, tool, agent, device or mechanism but not limited including spiders, robots, crawlers, data mining tools or the like other than the software and/or search agents provided by Celcom or other generally available third party web browsers;
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(f)
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send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
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(g)
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use any meta tags or other hidden text or metadata utilising an Celcom trademark, logo URL or product name without Celcom's express written consent;
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(h)
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use the Portal, Services or Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms of Service, unless expressly permitted;
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(i)
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forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Portal, Services or Content to send altered, deceptive or false source-identifying information;
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(j)
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attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Portal, Services or Content;
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(k)
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interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Portal;
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(l)
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collect or store any personally identifiable information from the Portal or Services from other users of the Portal or Services without their express permission;
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(m)
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impersonate or misrepresent your affiliation with any person or entity;
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(n)
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violate any applicable law or regulation;
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(o)
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encourage or enable any other individual to do any of the foregoing; or
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(p)
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share your Account with any other person or entity;
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(q)
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directly or through the use of any device, software, internet Portal, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content including geo-filtering mechanisms without Celcom's prior written consent;
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(r)
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directly or through the use of any device, software, internet site, web-based service, or other means copy, download, stream capture, reproduce, duplicate archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Content without Celcom's prior written consent;
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(s)
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incorporate the Content into, or stream or retransmit the Content via any hardware or software application or make the Content available via frames or in-line links without Celcom's prior written consent;
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(t)
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create, recreate distribute or advertise an index of any significant portion of the Content without Celcom's prior written consent; and
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(u)
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create derivative works or materials that otherwise are derived from or based on in any way the Content including but not limited to montages, mash-ups and similar videos, wallpaper, desktop, themes, greeting cards and merchandise without Celcom's prior written consent.
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6.
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Modification
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Celcom reserves the right, at its sole discretion, to modify, discontinue or terminate the Portal or Services or to modify these Terms and Conditions, at any time and without prior notice to you. Any amendments to the Terms and Conditions will be effective when the updated Terms of Service is posted on the Portal. You shall be responsible to check the Portal periodically for the updated version of the Terms and Conditions. By continuing to access or use the Portal or the Services after the modified Terms and Conditions have been posted, you agree to be bound by the modified Terms and Conditions. If the modified Terms and Conditions are not acceptable to you, you shall discontinue your access to the Portal or the usage of the Service.
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7.
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Proprietary Rights and Conditions
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7.1
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All right, title and interest including but not limited to copyright and other intellectual property rights in and to the Service (including but not limited to all graphic/image and text files) are owned by Celcom. The content you access and view as part of the Service is owned and controlled by Celcom and Celcom's licensors. The rights aforementioned are protected by Malaysian copyright laws, other applicable copyright laws, and international treaty provisions. Celcom retains all rights not expressly granted herein.
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7.2
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Celcom reserves the right to refuse permission to use this Service to any individual for any reason whatsoever, and may do so without notice.
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8.
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Termination
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8.1
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Termination and Suspension by Celcom
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8.1.1
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Celcom reserves the right at its sole discretion to cancel, terminate, suspend or disable your Account or the Service without prior notice to you:
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(a)
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for any reason whatsoever;
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(b)
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if the information provided by you for the creation of the Account is inaccurate or incomplete;
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(c)
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if you breach any of these Terms and Conditions; or
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(d)
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if your mobile service is deemed to have been terminated by Celcom.
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8.1.2
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Subject to Clause 8.1.1 above, you agree that Celcom shall not be liable to you or any other party for such cancellation, withdrawal, termination or suspension.
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8.2
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Termination by you
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8.2.1
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You may:
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(a)
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terminate your Account at any time by sending an email to m2mconnect@celcom.com.my ("Termination"); or
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(b)
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deactivate your Account on the Portal ("Deactivation").
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8.2.2
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All termination and deactivation requests will be verified by Celcom.
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8.2.3
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Upon Termination you shall be required to create a new account if you wish to use the Service.
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8.2.4
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Upon Deactivation, you may reactive your Account at the Portal if you wish to use the Service by sending an email to m2mconnect@celcom.com.my. For the avoidance of doubt, Reactivation must be made within 2 months from the date of Deactivation, failing which the account will be automatically terminated.
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9.
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Indemnity
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You shall indemnify Celcom , its related and affiliated corporations against each claim, action, proceeding, judgment, damage, loss, expense or liability incurred or suffered by, or brought, made or recovered against Celcom, its related and affiliated corporations in connection with any breach by you of these Terms and Conditions or in connection with the use of the Portal.
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10.
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Limitation of Liability
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To the maximum extent permitted by applicable laws, in no event shall Celcom, its related and affiliated corporations be liable to you or anyone else for any direct, indirect, special, exemplary, consequential damages, or any damages whatsoever including but not limited to loss of use, loss of revenue or profits, injury or lost or damaged data or other commercial or economic loss whether in action of contract, negligence or other tortuous, arising out of or in connection with your access, use of, or your inability to access or use the Portal or the performance or non-performance of the Portal, the software or related documentation. Your usage of the Portal is entirely at your own risk.
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11.
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Disclaimer
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The Portal is provided on an "As Is" basis without any representation or warranties of any kind whether express or implied. Celcom and its related and affiliated corporations disclaim and exclude all warranties relating to the content, information, services relating to or in connection with the Service including but not limited to, all warranties of merchantability, fitness for a particular purpose, title, non-infringement, compatibility, security and accuracy. You shall assume the entire risk as to the results and performance of the Portal and related documentation.
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12.
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General Disclaimer
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Celcom neither assume nor accept any liability (including but not limited to any loss, damage, theft, misuse, malfunction) of your hardware or data or anything else that you may own regardless of the cause or reason for such misfortune. Celcom, its officers and employees will not be liable for lost profits, loss of business or other consequential, special, indirect or punitive damages, even if advised of the possibility of such damages, or for any claim by any third party.
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13.
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Feedback
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Celcom welcomes and encourages you to provide feedback, comments and suggestions for improvements to the Portal ("Feedback"). You may submit the Feedback by emailing Celcom at m2mconnect@celcom.com.my. You acknowledge and agree that all Feedback will be the sole and exclusive property of Celcom and you hereby irrevocably assign to Celcom and agree to irrevocably assign to Celcom all of your right, title, and interest in and to all Feedback, including without limitation all geographical patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. At Celcom's request and expense, you will execute documents and take such further acts as Celcom may reasonably request to assist Celcom to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
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