Terms & Conditions

  1. INTRODUCTION

    1. Thank you for choosing our Service. These Standard Terms form the Agreement between you and us in providing the Service and it applies to a variety of Service offered by us.  Additional terms and conditions apply to each of these Services are reflected in the Specific Terms. In these Standard Terms, you will find important information about our Service, or our liability if things didn’t work as planned. OUR LIABILITY TO YOU IN CONNECTION WITH OUR SERVICE MAY BE VERY LIMITED. IT IS, THEREFORE, IMPORTANT THAT YOU READ THESE STANDARD TERMS CAREFULLY BEFORE YOU SUBSCRIBE TO OUR SERVICE.  

  2. YOUR AGREEMENT WITH US

    1. The Agreement is made up of:-
       
      (a) these Standard Terms,
      (b) your Application,
      (c) Specific Terms,
      (d) Privacy Statement,
      (e) Company Policy,
      (f) any additional terms and conditions which may be applicable, and
      (g) all subsequent unilateral amendments, variations, additions, deletions made by us from time to time.

      To understand your rights and obligations you need to read all of the documents that relate to you and the Service you select.

  3. OUR RIGHT TO MAKE CHANGES

    1. WE CAN CHANGE ANY TERMS IN THE AGREEMENT AT ANY TIME WITHOUT NOTICE. AS SUCH, YOU SHOULD LOOK AT THE TERMS AND CONDITIONS OF THE AGREEMENT REGULARLY. WHEN CHANGES ARE MADE, IT WILL BE EFFECTIVE IMMEDIATELY UPON POSTING ON OUR WEBSITE.  APART FROM POSTING ON OUR WEBSITE, WE WILL ALSO USE OUR ENDEAVOUR TO NOTIFY YOU OF SUCH CHANGES VIA OTHER MODE OF COMMUNICATION AT OUR CHOICE. WHETHER OR NOT YOU RECEIVED SUCH SEPARATE NOTIFICATION FROM US PERSONALLY, YOU UNDERSTAND AND AGREE THAT IF YOU CONTINUE TO MAINTAIN AN ACCOUNT WITH US, WHETHER OR NOT YOU ARE USING THE SERVICE AFTER THE DATE ON WHICH SUCH TERMS HAVE CHANGED, WE SHALL TREAT YOU HAVE ACCEPTED THOSE CHANGES.

  4. CAN YOU CHANGE ANYTHING IN THE AGREEMENT?

    1. Unless the language in such document unequivocally and expressly allowed in the Agreement, you cannot make any changes to the Agreement without first obtaining our written consent.

  5. WHAT THESE WORDS MEAN IN THE AGREEMENT

    1. Definitions
      Unless there is something in the subject or context, the following words are given the following definitions:-
       
      "Account" means an account opened by you with us for subscribing the Service.
      "Affiliate" means a person or an organisation controlling us, controlled by us, or under the common control of a person or an organisation controlling us. "Control" means the ownership of the equity shares carrying fifty percent (50%) or more of the votes exercisable at a general meeting (or its equivalent).
      "Application" means the part of the Agreement which is the written or verbal application you complete (whether online or offline) to request that we supply the Service to you.
      "Appropriate Authority" means (i) the federal government of Malaysia, (ii) any state, province, regency, municipality or other political subdivision of Malaysia, or (iii) any agency, authority or instrumentality of any of the foregoing, including any court, tribunal, department, bureau, commission or board.
      "Charges" collectively means Deposit, any billed and unbilled charges for Monthly Fee, payment for the purchase of the Device, if applicable, reactivation fee, Third Party Charges, charges relating to international services, Roaming services, and/or any other fees and charges payable by you.
      "Claim" means any suit, claim, action, proceeding or investigation.
      "Company Policy" means any policy, rules, regulations, acceptable user policy and/or directions issued by us from time to time.
      "Company Personnel" means our employees, agents, contractors, subcontractors, and/or other representatives.
      "Consequential Loss" means expenses incurred, loss of revenue, loss of profits, loss of anticipated savings or business, pure economic loss, loss of data, loss of goodwill, loss of value of Device (other than cost of repair), loss of opportunity or expectation loss, and any forms of special, indirect, punitive or exemplary loss or damages, and any penalties or fines imposed by the Appropriate Authority, (even if such loss arises directly, naturally or in the usual course of things from any breach, action or inaction in question).
      "Content" means
      (a) all form of information, including text, pictures, animations, video, sound recordings, software, separately or combined, and
      (b) any content service,

      sent and received across a network. For the avoidance of doubt, content includes, but is not limited to, short messaging service (SMS).
      "Customer Service Support" means all form of customer support provided by us, including without limitation, at our customer service centres, via email at careline@webe.com.my, customer service hotlines, live chat, or social media.
      "Credit Limit" means the limit on Charges imposed by us under your Account.
      "Credit Rating" means information about your credit worthiness, credit standing, credit history or credit capacity that credit rating agency is entitled to give under the Credit Reporting Agencies Act 2010.
      "Deposit" means pre-payment payable by you to us, as security for the due observance and performance by you of the provisions of the Agreement.
      "Device" means a portable, hand-held, wireless computing device, such as, smartphone, personal digital assistant, tablet, router and any device now known or known in the future, certified and approved by us.
      "Excluded Event" means a breach of the Agreement by you, an act, omission and/or negligence of yours or Other User, or a failure of your Device.
      "Force Majeure" means any of the following events or circumstances that are beyond our reasonable control to the extent that such events or circumstances delay or make impossible or materially affect the supply of Service under the Agreement:-
      (a) any acts, orders, decisions or decrees of any Appropriate Authority,
      (b) enactments of, changes in or the enforcement of any Laws,
      (c) acts of God, without limitation, volcanic activity, tornadoes, hurricanes, floods, fire, tempest, sinkholes, landslides, earthquakes, heavy and inclement weather, epidemic and tsunamis,
      (d) state of war or hostilities, whether declared or not, or any state of riots, military operations, act of foreign enemies, civil commotion, rebellion, revolution, terrorism, sabotage, acts or deeds of any person or group not commissioned by the Company or other causes of its kind or otherwise beyond the Company's control or power, strike, labour dispute, lock-out, explosion, power failure, failure of air-conditioning, electromagnetic interference, emergency, ionizing radiation and contamination by radio-activity from any nuclear fuel,
      (e) act or omission of any third party or any failure of any equipment owned or operated by any third party, any failure of supplier's Network, or
      (f) any other cause beyond our reasonable control arises or exists which has materially affected the supply of Service by us.
      "Intellectual Property Rights" means all industrial and intellectual property rights both in Malaysia and throughout the world and for the duration of the rights including:
      (a) any patents, copyright, industrial design, moral rights and similar rights of any type, trade secret, registered and unregistered trademarks or service marks, trade names, brand names, indications of source or appellations of origin, registered designs and commercial names and designations;
      (b) any inventions, discoveries, trade secrets, know-how, computer software and scientific, technical and product information; and
      (c) any intellectual property rights existing now or in the future.
      "Interrupt/ Interruption/Interrupted" means a delay in supplying or a failure to supply or an error or defect in the supply to the extent that the Service is rendered unavailable or unusable, whether that occurs before or after the Service Start Date.
      "Law" means any law (whether domestic or international), statute, code, rule, guidelines, notices, ordinance, regulation, directive, order, judgment, writ, injunction or decree, and includes any changes in the application or interpretation thereof.
      "Losses" means any and all costs, judgments, fees, fines, damages, disbursements, penalties, liabilities, assessments, awards, direct losses, including, out of pocket costs or expenses (including interest, penalty, investigation, legal fees on a solicitor and client basis, accounting or other professional fees, and other costs or expenses reasonably incurred in the investigation, collection, prosecution and defense of any action and amounts paid in settlement) incurred in connection therewith. Losses include Consequential Loss.
      "Monthly Fee" means the monthly charges payable by you for the usage of the Service.
      "Network" means any interconnected telecommunications equipment, facilities, or cabling.
      "Non-Fixed Length Agreement" means an agreement that does not have a minimum subscription term and it is a month to month agreement.
      "Other User" means any person, family member or friend that uses or desires to use the Service, whether or not you allow them to.
      "Payment Term" means the grace period given to you to make payment of the Charges as specified in the invoice.
      "PDPA" means Personal Data Protection Act 2010.
      "Personal Data" means personal data having the meaning ascribed under the PDPA including your Personal Data.
      "Privacy Statement" means a statement that discloses the ways we gather, use, disclose and manage the Personal Data and how you can opt-out, change, update and access your Personal Data.
      "Rate Plan" means the part of Specific Terms entitled "Rate Plan", which is our standard rate plan, pricing and charges list for you for the Service.
      "Roaming" means the ability to use the Network of overseas mobile carriers when travelling overseas.
      "Self-Care Account" means self-portal use to access and manage your Account.
      "Service" means any mobile services, internet/broadband services, home phone, products, or applications, or value added features, and any related goods (including equipment), online services made available on our Website, and ancillary services which we supply to you in connection with that service which we may provide to you from time to time.
      "Service Start Date" for the Service means the date on which we start supplying that Service to you and is ready and available for your use, whether or not you are using it.
      "SIM Card" means the microprocessor card provided by us which is inserted in the Device for access into the Service. The definition of SIM Card includes supplementary SIM Card.
      "Special Offer" means a special promotion or offer made by us in connection with the Service.
      "Specific Terms" means the terms and conditions containing information relevant to the Service.
      "Standard Terms" means this Standard Terms and Conditions.
      "Term" means the total term which you subscribe for.
      "Terminate the Service"/"Termination of the Service" means the Service is cancelled and the Agreement is terminated.
      "Third Party Charges" means any fees payable to third party for the use of their service including but not limited to VAS, purchases of games, movies, music and other content. You shall be billed at the third party's applicable rates and charges and we may bill you for the use of such service, acting in the capacity as that third party's billing agent only.
      "Unusually High Use" means high out of pattern usage of the Service on a short term basis or a sustained high usage which exceeds the general average usage of customers on a similar Rate Plan or who have accepted a similar Special Offer.
      "us" or "we" or "our" means webe Digital Sdn Bhd and/or any of its Affiliates, including our successors and assigns.
      "you" or "your" means a person who acquires and uses the Service for personal, domestic or household use only.
      "Value-Added Service"/"VAS" means additional functions, features or facilities which are currently available or will be made available by us from time to time and may be subscribed to and/or used by you in connection with the Service to enable you to access and use information, data, Content, WAP and other interactive applications and/or services as may be specified in the Specific Terms.
      "Website" means all website owned, operated, and/or managed by us or our Affiliate.

    2. Interpretation
      Unless there is something in the subject or context, the following words are given the following interpretations:-
      (a) the singular includes the plural and vice versa and references to any gender includes a reference to all other genders;
      (b) a reference to any law includes references to such laws and regulations as they may be amended from time to time, supplemented or re-enacted;
      (c) a reference to you and us will include reference to our successors and permitted assigns;
      (d) titles and headings of the Agreement is merely inserted for convenience for reference only and cannot have any effect on the interpretation or construction of the Agreement; and
      (e) just because we are responsible for the preparation of the Agreement or any part of it, the rule of construction shall not apply to our disadvantage.

  6. YOUR APPLICATION FOR THE SUPPLY OF SERVICE

    1. When you complete an Application, you are requesting us to supply the Service to you. We will look at the Application and consider your eligibility. We may ask you for Deposit we deem fit, and whether the Service will be available to you.
    2. We may refuse your Application if:
       
      (a) you do not provide satisfactory proof of identification,
      (b) you do not meet the eligibility criteria for the Service,
      (c) the Service is not available at the location where you wish to acquire the Service,
      (d) you do not have an appropriate Credit Rating, or
      (e) you fail to provide us with a Deposit we request from you.

  7. CREDIT RATING

    1. If you are applying for our Service, you agree that as part of the application process we can check your Credit Rating. If you provide us with Personal Data of Other User, we can also check Credit Rating of the Other User and it is your duty to obtain their consent and inform them of this Clause and we will treat them as if the Other User were you. We can conduct further credit checks on you while you remain as a subscriber with us. You understand that a credit inquiry could adversely affect your Credit Rating. Subject to any legal requirements under the PDPA to disclose personal data to you, we do not have to disclose our credit criteria or the reasons for our decision to you (regardless whether or not it relates to declining your application, providing a restricted Service to you, or otherwise). If you are not satisfied with the information provided by the credit-reporting agency, you will need to contact them directly.  You are aware and agree that we may report your payment record to any credit-reporting agency at any time.

  8. YOUR PERSONAL DATA

    1. We collect personal data about you and we gather some data through our relationship with you. We use it to supply our Service, give you the best possible Service, and for other purposes described in our Privacy Statement. Without it, we may not be able to supply our Service or provide the level of service you expect.  To learn about how we collect and protect your Personal Data, refer to our Privacy Statement. Any non-personal information or material sent to us by you will generally NOT be treated as confidential. 
    2. Many services and applications offered through the Device may be provided by third parties. Before you use, link to or download a service or application provided by a third party, you should review the terms of such service or application and applicable privacy policy. Personal data you submit may be read, collected or used by the service or application provider and/or other users of those forum.

  9. COMMENCEMENT, TERM AND PRIORITIZATION OF DOCUMENTS

    1. When does the Agreement Starts
      The Agreement starts when any of the following events occur, whichever is earlier, and it shall continue to apply until terminated in accordance with the Agreement:-
        
      (a) once the Application has been approved by us,
      (b) once you receive the Device,
      (c) from Service Start Date, or
      (d) when you first use our Service.

      WE WILL TREAT THAT YOU ARE AGREEING TO BE BOUND BY THE AGREEMENT IN ITS ENTIRETY FROM THAT POINT ONWARDS, REGARDLESS WHETHER OR NOT YOU HAVE READ IT. IF YOU DON’T WANT TO ACCEPT, DON’T DO ANY OF THESE. WHEN YOU ACCCEPT, YOU ARE REPRESENTING TO US THAT YOU ARE AT LEAST 18 YEARS OLD AND ARE LEGALLY ABLE TO ACCEPT THIS AGREEMENT.
    2. Commencement of the Service
      We will supply the Service to you under the Agreement from the Service Start Date.
    3. Term
      This is a Non-Fixed Term Agreement, as such, we will supply you the Service on a month to month basis until the Service is terminated in accordance with the Agreement.
    4. What Happens If There Is An inconsistency Between The Different Parts of the Agreement
      In the even there is any conflict or inconsistency between the Application, the Standard Terms, and the Specific Terms, the following order of precedence shall apply:-
       
      (a) If between the terms of the Application and the Standard Terms, the Application shall prevail to the extent of such conflict or inconsistency,
      (b) If between the terms of the Application and the Specific Terms, the Specific Terms shall prevail to the extent of such conflict or inconsistency, and
      (c) If between the terms of the Standard Term and the Specific Terms, the Specific Terms shall prevail to the extent of such conflict or inconsistency.

  10. ABOUT THE DEVICE

    1. What are your responsibilities in relation to the Device?
       
      (a) You must ensure that all Device you use in connection with the Service and the way you use that Device:-
       
      (i) complies with the Law imposed and/or issued by the Appropriate Authority, and/or
      (ii) compatible with and will not potentially harm our Network.
      (b) If you breach paragraph (a) above, we may suspend the Service and/or Terminate the Service.
      (c) We will try to give you reasonable notice before we suspend the Service or Terminate the Service, but we may suspend or Terminate the Service immediate if there is an emergency.
    2. Who owns the Device?
       
      (a) Device owned by us:-
       
      (i) remains our property.
      (ii) you are responsible for such Device when you receive it.
      (iii) you must not mortgage or grant a charge, lien or encumbrance over any such Device.
      (b) Device purchased by you from us:-
       
      (i) you may purchase the Device from us to use in connection with the Service.
      (ii) (you are responsible for the Device when you receive it from us.
      (iii) you own the Device.
    3. Lost, stolen and damaged Device
       
      (a) It's important that you notify us right away, so we can suspend your Service to keep someone else from using it. If the Device is used after the loss or theft but before you report it, and you want a credit for any charges for that usage, we're happy to review your Account activity and any other information you'd like us to consider. Keep in mind that you may be held responsible for the charges if you delayed reporting the loss or theft without good reason.
      (b) You are responsible for any lost, stolen or damaged the Device owned by us, except if it is solely caused by us or the Company Personnel.
      (c) You will be responsible for any outstanding payments for the Device that you have purchased from us, even when that Device is lost, stolen or damaged.
    4. Things we will do in the Device whether owned by you or by us
      We may change the Device’s software, applications or programming remotely, without notice. This could affect your stored data, or how you’ve programmed or use the Device. We may also utilize any capacity in the SIM Card for administrative, network, business and/or commercial purposes. You agree we own the Intellectual Property Rights and software in the SIM Card and we may utilize any capacity in the SIM card for administrative, network, business and/or commercial purposes.

  11. YOUR ACCOUNT WITH US

    1. You are solely responsible for maintaining your own Account with us. You are fully responsible for all activities that occur under your Account whether or not actually used by you or by the Other Person. You must ensure that the Other Person complies with the Agreement as if they were you.

  12. USING THE SERVICE

    1. Connecting the Service
      You must reasonably co-operate with us to allow us, or a supplier, to establish and supply the Service to you safely and efficiently. If you do not do so, we may be entitled to suspend or Terminate the Service.
    2. Permitted uses of the Service
       
      (a) When you use the Service, you must comply with:-
       
      (i) the Law imposed and/or issued by the Appropriate Authority, and
      (ii) the Company Policy.
      (b) You must not use, or attempt to use, the Service:-
       
      (i) to break any Law or infringe another person's Intellectual Property Rights,
      (ii) to transmit or publish or communicate material which is defamatory, offensive, abusive, indecent, menacing or unwanted,
      (iii) to expose us to any liability, or
      (iv) in any way which damages, interferes with or interrupts the Service, our Network, a supplier's Network used to supply the Service.
      (c) We may ask you to stop doing something which we reasonably believe is contrary to paragraph (b) above. You must immediately comply with any such request. If you do not, then we may take any steps reasonably necessary to ensure compliance with paragraph (b) above.
    3. If you do not comply with this clause, we may be entitled to suspend or Terminate the Service.

  13. CHARGES

    1. General
      Upon submission of the Application, you may be required to pay certain Deposit stated in the Application or the Specific Terms. To calculate the Monthly Fee, we will look at billing information generated or received by us.
    2. Paperless Billing
      In an effort to promote environmental friendliness by going paperless, the bill will not be posted out in hard copies to your postal address. You accept that the presentation of the bill online through your Self-Care Account or by email.
    3. Multiple SIM Card and/or Devices
      If multiple SIM Card and/or Devices are associated with your Account, you agree to pay the Charges incurred by you and/or by the Other User of those SIM Card and/or Devices.
    4. Deposit
      In the event you are required to pay a Deposit, such Deposit must be maintained during the Term. Without our prior written consent, the Deposit must not be deemed to be treated as payment of the Charges. In the event the Monthly Fee has increased, you must pay the additional sum as deposit to us (being the difference between the Monthly Fee and the increased Monthly Fee). In the event we deduct any outstanding Charges from the Deposit, you must furnish additional payment so as to ensure that the value of the Deposit remains the same throughout the Term.  You agree that only we can apply such Deposit in any order to the amount owe to us on any Account and in such event you must pay the additional sum as Deposit to us. Subject to the compliance of the Agreement and upon termination of your Account, we will refund the Deposit within the timeframe determined by us.
    5. Frequency of Payment
      The Charges shall be payable in advance or on such frequency as may be specified in the Application or the Specific Terms provided always that the first bill for the payment of Charges may be pro-rated according to our billing cycle. You must pay us promptly within the Payment Term.
    6. Prompt Payment
      You acknowledge and agree that your obligation to pay promptly the Charges due and payable to us shall not be waived, absolved or diminished by virtue of:-
       
      (a) if applicable, the non-receipt of any particular bill and it is your responsibility to request from us for a copy of the bill which you have not received for any given billing period;
      (b) our failure or neglect to check, enquire, understand and ascertain the nature of Service subscribed or used by you and the Charges associated with such Service;
      (c) none usage of the Service upon the Service Start Date; and/or
      (d) unavailability of or inaccessibility of Service.
    7. No Deduction, Set-Off or Counterclaim
      Any deduction, set-off or counterclaim is not allowed, save and except in accordance with Clause 14 where there is a dispute of amount and there is a finding by us that there is manifest error in the billing.
    8. Failure to Pay within Payment Term
      In the event you fail to pay within the Payment Term, we have an absolute discretion to:-
       
      (a) deduct such outstanding Charges due to us from the Deposit in accordance with Clause 13.4,
      (b) suspend, and/or Terminate the Service,
      (c) engage a debt recovery agent to recover the money owe to us. If we engage such debt recovery agent, we may charge you a recovery fee including all costs and expenses incurred. We may also institute legal proceedings against you for the recover the outstanding Charges. If we institute legal proceedings, you are required to pay us all fees, costs and disbursements (including but not limited to legal fees on a solicitor and client basis and courts fees) incurred by us in connection with such collection by such legal action.
    9. Special Offer
      We may offer you a Special Offer from time to time (including a Special Offer in relation to a particular Rate Plan). We may notify you of any Special Offer offered to you either through general advertising or we will advise you separately in writing or in any other method.  The terms of each Special Offer will either be set out in the Specific Terms for the relevant Service, in advertising material, or you will be advised separately in writing or in any other method. A Special Offer may be an offer to vary the price or the terms of and it may be subject to certain terms and conditions. If you accept a Special Offer, the terms of the Special Offer will prevail to the extent that the terms of the Special Offer are inconsistent with the terms of the Agreement, otherwise, the terms and conditions of the Agreement shall continue to apply. After the Special Offer expires, the Special Offer will end and the full terms and conditions of the Agreement will apply again.
    10. Use of Billing Agent
      We may bill you using a billing agent which may or may not be our Affiliate.
    11. No Defence
      In the event we institute legal action against you, you will be liable to indemnify and pay all legal costs and disbursements on a solicitor and client basis. You agree that any dispute in relation to the quality of the Service shall not be used as a ground or basis for the delay or non-payment of the outstanding Charges payable pursuant to the Agreement.

  14. DISPUTE ON INVOICE

    1. For all disputes, whether pursued in court or with the relevant regulatory body, you must first give us an opportunity to resolve your claim by sending a written description of your claim addressed to us.
    2. If you have a dispute on a billing statement, you must give us a notice within fourteen (14) days from the date of the billing statement specifying (a) the entry/amount in dispute, (b) the reasons why such entry and/or amount is disputed, and any written records or documentary evidence supporting the dispute.
    3. You irrevocably agree that in the event you fail to give us any notice in writing disputing the invoice within fourteen (14) days from the date of the billing statement, then you are deem to have accepted the entries specified in the billing statement as correct and accurate and such billing statement shall be binding and conclusive evidence against you of the correctness and accuracy of the entries specified in the billing statement and the amount due and owing by you to us in a court of law, save for any manifest error.
    4. Upon receipt of the written notice, we will use our reasonable endeavour to resolve the dispute. We may, as and when we deem fit, conduct any investigation regarding the disputed amount. The result of the findings is deem to be final and conclusive and binding on you and shall not be questioned by you on any account.
    5. If we find that you are required to pay the disputed Charges, you must pay the disputed Charges within fourteen (14) days from the date of our findings. If our finding shows that you are not required to pay such disputed Charges and in the event the payment is by direct debit, we will reverse any incorrect Charges that have been applied to the your Account as soon as reasonably practicable once the complaint has been investigated and resolved. If our finding shows that you are responsible to pay the disputed Charges, we shall impose an administrative fee at the prevailing rate and you shall pay such administrative fee.
    6. Notwithstanding that you are not required to pay the amount in dispute pending resolution of dispute, you must still pay such portion of the invoice that is not in dispute.

  15. LATE PAYMENT CHARGES

    1. We are entitled to charge and you must pay us late payment charges at the rate of 1.0% per month (before and after judgment) on all overdue Charges calculated on a daily basis, calculated from the day following the due date thereof to the date of actual payment of the full outstanding amount including accrued interest.

  16. TAX

    1. All sums payable under the Agreement is exclusive of service taxes, value added or withholding taxes, imposts, duties or charges (the payment of which is your obligation) and if there is a requirement to deduct from any payment under the Agreement any value added or withholding taxes, service taxes or imposts, duties or charges, then you must pay to us such additional sum so as to enable us to receive in full the payment that would otherwise have been payable by you to us.
    2. If Goods and Services Tax or tax of similar nature (”GST”) is required by law to be paid by you to the relevant authorities in Malaysia for the goods or services supplied under the Agreement, you  must on demand pay us a sum equal to the amount of such GST.  In the case where GST is applicable, then you are aware that the Charges payable by you to us shall be deemed to be exclusive of any GST.

  17. COMPLAINTS ABOUT LOSS OF ACCCESS TO THE SERVICE

    1. Where your complaint is about a significant loss of access to, or use of, the Service and the loss was not as a result of circumstances attributable to you or Device that we are not responsible for, such as Device that is owned by you or is not provided by us to use in connection with the Service, we may exercise our discretion to provide you with a refund or a rebate of any Monthly Fee for the period in which your access or use was interrupted.

  18. WHAT YOU REPRESENT TO US

    1. You represent and warrant that all information furnished by you to us are true, current, complete and accurate in every material aspects and are not false, misleading, deceptive, defamatory and/or unlawful and we may but have no obligation, whether express or implied, to verify the accuracy and authenticity of any information provided by you. Please take note that we have the right to suspend, and/or forthwith Terminate the Service if the information provided by you is untrue, inaccurate, not current or incomplete, or we suspect that such information provided by you is untrue, inaccurate, not current or incomplete.

  19. OUR RIGHT TO SUSPEND THE SERVICE

    1. We may suspend the Service at any time, if:-
       
      (a) there is an emergency,
      (b) problems are experienced interconnecting our Network with any supplier's Network,
      (c) doing so is necessary to allow us or a supplier to repair, maintain or service any part of our Network or a supplier's network used to supply the Service,
      (d) you breach the terms and conditions of the Agreement,
      (e) any amount owing to us in respect of the Service (which is not the subject of a valid dispute) is not paid by its due date,
      (f) we reasonably believe there has been an Unusually High Use of the Service,
      (g) we reasonably suspect fraud, and/or illegal activity by you or any other person in connection with the Service,
      (h) we reasonably believe the Service is or may be used in violation of any Law and/or Company Policy,
      (i) we are required to suspend to comply with an order, instruction, request or notice issued by the Appropriate Authority,
      (j) if you fail to cooperate with any investigation and/or enquiry conducted and/or carried by the Appropriate Authority, in respect of any suspected violation or violation of any Law,
      (k) an event of Force Majeure,
      (l) you commit an act of bankruptcy or suffer the presentation of a petition for liquidation or winding-up as the case may be, and we reasonably believe we are unlikely to receive payment for amounts due,
      (m) if you die; and/or
      (n) for any other reasons we deem fit.
    2. In most circumstances, we will give you as much notice as we reasonably can before we suspend the Service. However, in some circumstances, for example, in an emergency or if we consider your use of the Service is unreasonable and in breach of our Agreement, we may suspend the Service without notice to you.
    3. We will use our endeavour to resume the Service as soon as possible if suspension occurs for reasons set out in paragraphs (a), (b) and (c) above. You shall remain liable to pay us the Charges during the period of Interruption.
    4. Upon suspension arising from paragraphs (d), (e), and (f), we may at its absolute discretion, re-activate and re-connect the Service,  provided that you rectify or remedy those default which result in the suspension of Service, pay a reactivation fee at a rate to be determined by us, and all the outstanding Charges. 
    5. If we suspend the Service, we may later Terminate the Service for the same reason or a different reason.

  20. ROAMING AND INTERNATIONAL CALLING

    1. Roaming is available and may require an additional feature on your Account.  Upon request, we reserve the right to determine whether or not you are eligible for Roaming Service.  If we offer you such Roaming Service, we may offer such service with a Credit Limit in respect of the charges incurred in using the Roaming Service or you may request for a higher Credit Limit and we may grant you such request subject to such terms and conditions we deem fit to impose. While Roaming, your data throughout may be reduced and your Service may be limited or terminated at any time without notice. We will not be liable for any loss and/or damage in the event you are not able to use our Service or such Service is limited while abroad in a foreign country. For further information, please refer to the Specific Terms relating to Roaming Service.
    2. We will charge you for calls made to international destinations. For further information relating to the rates made to a foreign country within Malaysia, please refer to the Specific Terms relating to international calling.

  21. DISCLAIMER OF WARRANTIES

    1. OUR SERVICE USES RADIO TRANSMISSION, SO UNFORTUNATELY YOU CAN’T GET SERVICE IF THE DEVICE IS NOT IN THE RANGE OF A TRANSMISSION SIGNAL. COVERAGE MAPS PROVIDED ARE ONLY OUR ANTICIPATED WIRELESS COVERAGE ARE OUTDOORS; ACTUAL SERVICE AREA, COVERAGE AND QUALITY VARY AND IT DEPENDS ON A VARIETY OF FACTORS INCLUDING NETWORK CAPACITY, OCCASSIONAL UPGRADES OR MODIFICATIONS, TERRAIN AND WEATHER. OUTAGES AND INTERRUPTIONS IN SERVICE MAY OCCUR, AND SPEED OF SERVICE VARIES. OUR SERVICE IS THEREFORE PROVIDED ON AN ‘AS IS’ BASIS WITHOUT ANY WARRANTY OF ANY KIND (WHETHER EXPRESS OR IMPLIED) INCLUDING, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY IMPLIED WARRANTY OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND OUR LIABILITY TO YOU IN CONNECTION WITH THE USE OF OUR SERVICE IS VERY LIMITED.
    2. IF YOU DOWNLOAD OR USE APPLICATIONS, SERVICE OR SOFTWARE PROVIDED BY THIRD PARTIES (INCLUDING CHAT AND VOICE APPLICATIONS), OR OTHER CHAT OR CALLING FUNCTIONALITY, IT MAY WORK DIFFERENTLY FROM THE SERVICE OFFERED BY US, OR MAY NOT WORK AT ALL. PLEASE REVIEW ALL TERMS AND CONDITIONS OF SUCH THIRD PARTY PRODUCTS. WE ARE NOT RESPONSIBLE FOR ANY THIRD PARTY INFORMATION, CONTENT, APPLICATIONS OR SERVICE YOU ACCESS, DOWNLOAD OR USE ON THE DEVICE. WHERE APPLICABLE, YOU ARE RESPONSIBLE FOR MAINTAINING VIRUS AND OTHER INTERNET SECURITY PROTECTIONS WHEN ACCESSING THESE THIRD PARTY PRODUCTS OR SERVICES.
    3. WE MAY USE FILTERS TO BLOCK SPAM MESSAGES BUT WE DO NOT GUARANTEE THAT YOU WILL NOT RECEIVE SPAM OR OTHER UNSOLICITED MESSAGES AND WE SHALL NOT BE LIABLE FOR SUCH MESSAGES. WE MAKE NO WARRANTIES THAT COMMUNICATIONS OR TRANSACTIONS CONDUCTED ONLINE WILL BE ABSOLUTELY SECURE OR FREE FROM HARMFUL COMPONENTS. NO ADVICE OR INFORMATION GIVEN BY US, OUR AFFILIATE OR OUR RESPECTIVE EMPLOYEES OR OUR AGENT SHALL CREATE ANY WARRANTY UNDER THE AGREEMENT. WE SHALL NOT BE RESPONSIBLE FOR ANY PROBLEMS RELATING TO SERVICE AVAILABILITY, QUALITY, ANY DAMAGES INCURRED, CONSEQUENTIAL OR FOR ANY REASON WHATSOEVER. 

  22. INTELLECTUAL PROPERTY RIGHTS

    1. Our Service and Content are protected by trademark, copyright, or other Intellectual Property Rights laws and international treaties. Any unlawful use of our Service and Content is strictly prohibited unless you obtained prior written consent from us. You agree that our Content is intended only for your personal viewing and that any reproduction, communication, rental, performance, redistribution or recording in any form or format of the Content or any party thereof whether for commercial reason or otherwise is strictly prohibited by the Agreement or by any law and may result in severe civil and/or criminal actions or penalties.
    2. We reserve all rights in its corporate names, service marks, logos, trade names, trademarks, platform and domain names (collectively "Marks") and nothing in the Agreement grants you the license to use such Marks. Additionally, other marks which appear in any of our Service through different platform may contain marks of third parties that are not affiliated with us. We do not own such third party’s marks and the use of such marks may be subject to the terms and conditions.

  23. UNUSUALLY HIGH USE

    1. We may contact you if we become aware of an Unusually High Use of the Service by you (including to verify any costs or charges which you may have incurred) however we are under no obligation to do so.  For example, if you suddenly make an unusually high volume of calls to international destinations using the Service we may contact you to determine whether that use is likely to continue.  If so, we may ask you to make a pre-payment usage charge.  Please note that we may also be entitled to suspend the Service for an Unusually High Use of the Service.

  24. COMPLIANCE WITH THIRD PARTY TERMS AND CONDITIONS

    1. When you use the service it is your responsibility to comply with any rules imposed by any third party whose content or services you access using the service or whose network your data traverses.

  25. MOBILE NUMBER PORTABILITY

    1. You may be able to take, or “port”, your wireless phone number to another carrier. If you port a number from us, we’ll treat it as though you asked us to Terminate the Service for that number. After the porting is completed, you won’t be able to use our Service for that number, but you’ll remain responsible for all Charges through the end of the billing cycle, just like any other termination. If you port a number to us, please be aware that we may not be able to provide our Service (or any portion of it) right away. You don’t have any rights to your wireless phone number, except for any right you may have to port it. If you wish to port our wireless phone number to another carrier or port a number to us, you must adhere to the terms and conditions including the procedures and processes prevailing at the time of request as outlined by us in the Specific Terms.

  26. WHAT ARE YOU LIABLE FOR

    1. Your liability to us and our Affiliate includes indemnifying us from and against any and all Claims and Losses as a result of:-
       
      (a) any breach of or non-performance of the your undertakings, representations and warranties, or obligations under the Agreement and that of the Other User;
      (b) claim by the Other User arising out of or in connection with the use or attempted use of the Service;
      (c) the use, access or transmission of any Content using the Service;
      (d) infringement of Intellectual Property Rights, or other contractual or proprietary right, or any other tortious injury arising from the use of the Service; and/or
      (e) breach of the Law.

  27. WHAT ARE NOT LIABLE FOR

    1. We (including our Affiliate) shall not be liable to you for any Claims and Losses resulting or arising from personal injury to and/or death of any person, loss and/or damage to any movable or immovable property, Consequential Loss, an event of Force Majeure, Excluded Event, compliance with the Law or non-compliance with the Law which may affect the supply of Service, any unauthorised access to the Account, data, and/or the Device, and/or loss of data.
    2. We (including our Affiliate) will not in any event incur any liability whatsoever for any reason whatsoever, including but not limited to:-
       
      (a) any interruption, unavailability, suspension, and/or Termination of the Service;
      (b) any claim for libel, slander, infringement of Intellectual Property Rights arising from the transmission and receipt of Content or any material in connection with the Service;
      (c) an event of Force Majeure;
      (d) compliance with law, by-law, guidelines, rules, policy, court order, instructions, notices and/or directions, or any non-compliance which may affect the supply of the Service; and/or
      (e) any unauthorised access to your data, network, or system, howsoever arising, even if such unauthorised access is caused by any of our act, omission and/or negligence.
    3. We shall not be liable to you for any reason whatsoever, including but not limited to any Interruption and/or Termination of the Service. In the event the Company is liable for an Interruption, and you validly claim it in accordance with the Agreement, then you may be entitled for a rebate amount, if any, only if expressly specified in the Specific Terms. You are aware and agree that this is your sole and exclusive remedy against us and is in substitution of any common law rights for the relevant Interruption.
    4. In the event we are found to be liable, whether wholly or partially, by the Appropriate Authority or in a court with competent jurisdiction, despite the existence of Clause 27.1, Clause 27.2 and Clause 27.3, you agree that the our entire liability, if any, and your exclusive remedy, arising out of the Agreement shall not exceed Ringgit Malaysia Five Hundred (RM500) only.

  28. CONCLUSIVE EVIDENCE

    1. If you, the Other User, or any person authorised by you make any admission or acknowledgement in writing of the amount of indebtedness to us and any judgment recovered by us against you of such indebtedness shall be binding and conclusive in all courts of law in Malaysia and elsewhere.
    2. You expressly and irrevocably agree that a certificate of indebtedness issued by our officer shall be conclusive and binding evidence as to the amount for the time being due and owing by you to us and it shall be conclusive evidence against you in any legal proceedings.

  29. TERMINATION OF THE SERVICE

    1. Your right to Terminate the Service 
      You may Terminate the Service at any time by giving us a thirty (30) days written notice.
    2. Our right to Terminate the Service
      We may forthwith Terminate the Service at any time if:-
       
      (a) there is an emergency;
      (b) we reasonably suspect fraud and/or illegal activity by you or by the Other User in connection with the Service;
      (c) any amount owing to us in respect of the Service (which is not the subject of a valid dispute) is not paid by its due date;
      (d) you breach any terms or conditions of the Agreement and fail to rectify and remedy such breach within fourteen (14) days from the date of its receipt of a written notice requiring it so to do;
      (e) change of Law, or any directions imposed/issued by the Appropriate Authority;
      (f) an event of Force Majeure;
      (g) you commit an act of bankruptcy or suffer the presentation of a petition for liquidation or winding-up as the case may be;
      (h) you make any arrangement for the benefit of or enter into any arrangement or composition agreement with its creditors;
      (i) you permit or suffer any execution proceedings levied on any of its properties, premises, goods, fixtures, fittings, equipment, chattels and effects;
      (j) the Service is suspended under Clause 19 for more than fourteen (14) days; or
      (k) for any reason we deem fit.

  30. EFFECT OF TERMINATION

    1. Upon the expiry or the Termination of Service:-
       
      (a) we will forthwith cease to supply the Service. You will not be able to use the Service after that;
      (b) if you are able to use the Service after the termination date, you will continue to be liable to pay all the Charges for that use;
      (c) you will forthwith pay all outstanding Charges to us;
      (d) return the Device (where applicable) to us immediately but within seven (7) days from the date of termination or upon our request, whichever earlier;

    2. In the event there is any excess payment after deducting all outstanding Charges, the Deposit will be refunded to you within the timeframe determined by us. You must provide the necessary details to us for purposes of refund. Failure to provide us with the necessary details or other information may have the inadvertent result of payment being made at a period beyond ninety (90) days and in such instance we shall not be held liable for any late payment of refund. In the event you have not received any refund from us within ninety (90) days from the date of Termination of Service, please inform us in writing right away. If you fail to give us such written notice within twelve (12) months from the date of Termination of Service for our inadvertent delay or failure to refund you the excess amount, we shall then treat that you waive your right to make any claim against us for such excess amount and we will no longer be liable towards you for payment of refund. Any credit balance amounting to RM10.00 and below will not be refunded to you and we are allowed to absorb the said credit balance as administration fee for the Service provided to you.
    3. Clause 7, 8, 18, 21, 22, 26, 27, 28, 29, 30, 31 and 32 shall survive the expiry or Termination of the Service.

  31. FORCE MAJEURE

    1. We will not be liable to you for any delay, failure, suspension or interference in the provision of Service caused by a Force Majeure event. Upon the happening of any of the Force Majeure event, our obligations and any period of time then running shall be suspended for the period of the event in addition to such amount of time as may be required to resume normality.
    2. Without prejudice to the foregoing paragraph, if any of the Force Majeure event results in the Service being Interrupted, we may at any time, notwithstanding anything in these terms contained, forthwith Terminate the Service. In such circumstances, you shall not be excused from paying all outstanding Charges owing by you as at the time of such Force Majeure event. 

  32. GENERAL PROVISIONS

    1. How can you give us notice and how we can give you notice.

      You can serve notice, demand or other communication to us by electronic email, delivered by hand, courier and/or prepaid registered post to our address specified on our Website. A copy of the said notice, demand or other communication must be addressed to our legal department too:-

      Head of Legal
      webe Digital Sdn Bhd
      46050 Petaling Jaya
      Selangor Darul Ehsan

      We can serve notice, demand or other communication to you by electronic email, delivered by hand, courier and/or prepaid ordinary post or registered post (not being AR Registered), facsimile to the address provided. We can also serve you any notice, demand or other communication to your last known address in our record.

      Notices, demand or other communication shall be deemed effective:-
       
      (a) If by electronic email or hand deliver, on the day of delivery;
      (b) If by prepaid ordinary post of by registered post, five (5) days after it was duly posted;
      (c) If by courier, 1 day after dispatch; or
      (d) If by facsimile, on the day of transmission provided that the transmission report from the sender's facsimile machine confirms that transmission is in full and without error.

      You agree that in the event that any action is begun in the courts in Malaysia in respect of the Agreement, the legal process and other documents may be served by posting the documents to you by registered post (not being AR Registered Post) at the address set out in your Application or to your last known address in our records and such service shall on the fifth (5) day after posting, be deemed to be good and sufficient services of such legal process or documents.
    2. No Partnership
      You and us are independent contractors and the Agreement will not establish any relationship of partnership, joint venture, employment, franchise or agency between you and us. You do not have the power to bind us or incur obligations on our behalf without our prior written consent, except we expressly said so.
    3. When do we waive a right we have under the Agreement?
      If you breach the Agreement and we do not exercise a right that we have because of your breach, we do not necessarily waive our entitlement to exercise that right because of your breach at any later time.
    4. When can you and we assign or novate the Agreement.
      You are not allowed to transfer, assign or novate the Service and the Agreement to any third party unless we give you written consent to do so. We may, however, transfer, assign or novate the supply of Service and the Agreement to our Affiliate or any third party without notice to you. The supply of Service and the Agreement shall inure to the benefit of your permitted assigns and successors and our permitted assigns and successors.
    5. The terms and conditions of the Agreement are independent of one another.
      In the event any provision of the Agreement is held by a court of competent jurisdiction to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained herein shall not, in any way, be affected or impaired.
    6. Which laws and courts govern the Agreement?
       
      (a) The Agreement is governed by the laws of Malaysia without regard to principles of conflicts of law,
      (b) You and we submit to the exclusive jurisdiction of the courts of Malaysia, and
      (c) You waive any objections on the ground of venue or forum non-conveniens or any similar grounds.

    7. What happens if you become a small medium enterprise customer, large corporate customer, or a carrier service provider?
       
      (a) You represent that you are not a small medium enterprise customer, large corporate customer, or carriage service provider.
      (b) If you are a small medium enterprise customer, large corporate customer, or carriage service provider and you fail to make known to us whether in the Application or otherwise, your agreement with us shall automatically be govern by the Standard Terms and Conditions for Business.
      (c) If you become a small medium enterprise customer, large corporate customer, or carriage service provider at any point of time, you must forthwith Terminate the Service, or we may immediately Terminate the Service by giving you notice when we found out you become a small medium enterprise customer, large corporate customer, or carriage service provider. If this is not done, paragraph (b) above shall apply mutatis mutandis.
      (d) If you or we Terminate the Service under this clause, we will negotiate in good faith with you to enter into an alternative agreement governing supply of the Service, on terms to be agreed or the Standard Terms and Conditions for Business shall apply.
    8. Language
      If the Agreement or any part of the Agreement is translated into any other languages and there is a conflict between this English version and any foreign language version of the Agreement, the English version shall prevail.