U Website Terms of Use

By accessing, browsing and/or using this website you agree to the following terms. If you do not agree you must stop using this website.

From time to time, we make services available via this website or such other website operated by us, such as messaging services and online services (“u.com.my services”). These u.com.my services, and this website, will be collectively referred to as "u.com.my" in these Terms of Use.

About This Website

1. We may change the website content at any time. We are not responsible for any errors or omissions in the website content.


2. As a user of u.com.my, you should make your own enquiries before entering into any transaction by relying on the information on u.com.my or using any service which is accessible using u.com.my.


3. We are not liable for the contents of any other websites that you may access from u.com.my.


4. The contents of u.com.my and any products or services available through u.com.my are meant for Malaysian residents only.


5. We may change any of the Terms of Use from time to time without notice. Such changes will become effective immediately upon publishing the new terms and conditions on u.com.my. If you continue to use u.com.my after the changes you will be deemed to accept such change.

Security

1. You may use a security credential ("Member ID") to access u.com.my. The Member ID could take the form of a username and password, a digital certificate or another security-related technology. We may require you to use a different Member ID to access different parts of u.com.my. The Member ID may be used only for the purposes of accessing u.com.my and for authorizing instructions or requests using the services which may be available from u.com.my. Any other use of your Member ID is prohibited.


2. You are responsible for maintaining the confidentiality of your password and account information and are fully responsible for all conduct carried out under this password and account. We are not liable for any loss of confidentiality or for any damages arising from your failure to comply with these security measures. We request that you promptly report to us any unauthorised use of your password.


3. We will take reasonable steps to secure u.com.my and the systems in our control that are used to access u.com.my. However, the internet may be unreliable and is a difficult medium to secure. We do not guarantee the security of u.com.my or the systems (including the internet and your hardware and software) used to access u.com.my, or any information that passes through such systems.

Use of This Website

1. use u.com.my for any activities, or post or transmit to or via u.com.my any information or materials, which breach any laws or regulations, infringe a third party's rights or privacy, or are contrary to any relevant standards or codes;


2. use u.com.my in a way, or post to or transmit to or via u.com.my any material, which interferes with other users or defames, harasses, threatens, menaces or offends any person or which inhibits any other user from using or enjoying u.com.my;


3. use u.com.my to send unsolicited commercial or bulk electronic mail messages to anyone;


4. make any fraudulent or speculative enquiries, bookings, reservations or requests using u.com.my;


5. use another's Member ID or name without permission;


6. provide false information when registering or changing your u.com.my registration details;


7. impersonate another person when using u.com.my;


8. post to or transmit to or via u.com.my any obscene, indecent, inflammatory or pornographic material or material that could give rise to civil or criminal proceedings;


9. tamper with, hinder the operation of or make unauthorised modifications to u.com.my;


10. knowingly transmit any virus or other disabling feature to or via u.com.my; and


11. attempt any of the above acts or permit another person to do any of the above acts.

Third Party Sites

1. This website contains links to third party sites. You acknowledge that we have no control over the content of such third party site. We are not responsible for the condition or the content of those sites. The link(s) are provided solely for your convenience and do not indicate, expressly or impliedly, any endorsement of the site (s) or the products or services provided there. Any personal information that you make available on such third party sites will be subject to the relevant third party’s privacy policy (if any) and not to our privacy policy. Before disclosing your personal information on such third party site, you should check that third party’s privacy policy.


2. You access those third party sites and use their products and services solely at your own risk. We do not represent that the content or services available from third party sites are appropriate or available for use in all parts of Malaysia. If you access other content or services from third party sites, we are not responsible for your compliance with local laws or other applicable laws.

Personal Information

By submitting your personal information or using u.com.my, you have given us your consent to collect, record, hold, store, use and disclose your personal information according to our privacy policy which is available at http://www.u.com.my.

Prices and Products and Services

1. All prices displayed and products and services offered for supply on u.com.my are provided for information purposes only and are subject to change without notice. You should check the price of a product or service before placing an order for it.


2. Your purchase, use of our products and services are governed by the prevailing relevant Postpaid or Prepaid Terms and Conditions of Service and any additional terms and conditions which are specifically applicable to a product or service including the terms set out below under “Online Store”.

Online Store

A. Offer and Acceptance

1. By placing an order online, you are making an offer to purchase our products or services. Acceptance of your offer is at our discretion. We may reject your offer without providing any reason. Acceptance occurs only when we send a confirmation email to you stating that payment for your order is successful. Any other acknowledgment of your order before the confirmation email is purely for information purpose and does not constitute acceptance.


2. To make a purchase from our online store:
   
   1. you must be buying on your own behalf;
   
   
   2. the name on the credit or debit card used (cardholder identity) must match the name on the NRIC of the addressee to whom any products are to be delivered; and
   
   
   3. you must be buying for your own use and not for resale.
   
   


3. By buying from our online store, you warrant that you meet the relevant conditions set out in Section A, Clauses 2.

B. Payment

1. When you purchase our products and services through u.com.my, you may choose to pay the charges either by debit or credit card issued in Malaysia, which is subject to the terms and conditions of the card issuer. You must inform us immediately if your debit or credit card is lost, stolen, expired, terminated or if you want to terminate this method of payment. You agree and authorise us to verify the information you provide with the card issuer or any third party as may be necessary; forward your call transactions, billings and other details to the card issuer, financial institution and other relevant parties for and in connection with this type of payment. If we cannot make the deduction or settlement with the card issuer, financial institution or other relevant parties, we will cancel your order.


2. Where products or services are listed with an incorrect price or with incorrect information, we reserve the right to cancel your order for those products even if you have made payment for that order. If you have already made payment for an order that is subsequently cancelled by us, we will refund the amount paid by you in relation to that order.

C. Delivery of Product

1. Delivery charges are applicable for orders below a certain amount. You must check our online store for details of such delivery charges.


2. We aim to deliver within the delivery timeline as indicated below (which may be changed by us from time to time with or without notice), but we do not guarantee the exact date of delivery. If you are within Peninsular Malaysia, estimated delivery time is 3 working days, whereas for East Malaysia, estimated delivery time is 5 working days.


3. We do not deliver out of Malaysia or to PO Box addresses.


4. We rely on you to give us accurate information to enable us to deliver your order successfully. You must provide correct delivery information as we do not entertain changes to the delivery address once you have submitted your order.


5. We will only perform a maximum of 2 delivery attempts. If both attempts fail, your order will be returned to the delivery agency’s office, where you are required to collect it. We will notify you of the address and other details for self-collection. We may at our discretion arrange for additional delivery but it will be subject to additional charges. If you do not collect your order from the delivery agency’s office after 30 days of notification, you are deemed to have rejected the product but no refunds will be made to you.


6. You must receive the product personally by producing your NRIC (or other identification document we may require) to our delivery agent for verification purpose. However, for any product other than prepaid products, if you are not available to receive your order personally, we allow you to nominate an alternative contact person (“Nominee”) to do so on your behalf at the same delivery address. You agree that such Nominee is authorized to receive your order as long as our delivery agent has verified the information of the Nominee against his/her NRIC (or other identification document we may require). You also agree that we are not liable to you for doing so and our obligation to deliver your order to you would have been fulfilled. You or your Nominee must inspect the product packaging to verify that the product packaging is not damaged and the product description fulfills your order. If the product packaging is damaged or the product description does not match your order, you or your Nominee must reject the product immediately. We will exchange the validly rejected product pursuant to our Return Policy (see Section C below). Once the product is accepted, we will not in any way be accountable or responsible for any defects, unless the conditions of the Return Policy are met.


7. Risk in the product you ordered pass to you upon delivery. If you fail to accept the delivery for the second time, risk is deemed to have passed to you on the date of the second failed delivery attempt. We are not liable for any loss after risk passes to you.


8. Subject to Section A, Clause 3 and Clause 4 above, there will be no refund for the product once payment is successful, for any reason whatsoever. However, you may be eligible for exchange under our Return Policy.

D. Return Policy for Exchange (Return Policy)

1. We accept the return of a product for exchange only if such product fails to power up upon delivery (“Failure”).


2. Within 48 hours from your receipt of the product, you must notify us of the Failure only via our Hotline at +6018 388 1318.


3. The time and date of receipt as reflected in the records of our delivery agent are final, binding and conclusive for the purposes of the Return Policy.


4. You must follow the steps to troubleshoot the Failure issue as guided by our Hotline representative, and provide us with information as we reasonably require.


5. If the Failure persists upon the completion of the troubleshooting, we agree to exchange the faulty unit with a replacement unit.


6. You will be contacted by our representative on the details of the exchange.


7. Exchange is subject to availability of the replacement unit.


8. You agree to keep the product in its current condition available for us (or our agent) to inspect within a reasonable time.


9. You must return the product to be exchanged to us in its original condition together with all accessories, manual and packaging. If we find that the product has:
   1. been misused, abused or subjected to neglect, improper or inadequate care, carelessness, damage or abnormal conditions; or
   
   
   2. been involved in any accident or damage caused by an incorrect attempt at modification or repair; or
   
   
   3. been dealt with or used contrary to our or the manufacturer's instructions for the product;
   
   
   We may at our discretion decide not to exchange the product without any liability to you.


10. Estimated delivery timeline for replacement unit is 10 working days. Section B, Clauses 5- 7 will apply.


11. We may charge you an administrative fee to cover any cost we incur in connection with your request under the Return Policy.


12. You acknowledge that the exchange of the product is your sole remedy if you qualify for a replacement product under the Return Policy.

Disclaimer

1. The material on u.com.my is provided on an “As Is” and “As Available” basis without express or implied warranty and you agree that use of u.com.my and links is at your sole risk. All information is subject to change without notice.


2. Subject to any applicable law which cannot be excluded, we make no representations or warranties as to the accuracy or completeness of material on u.com.my and excludes all warranties whether express or implied relating in any way to u.com.my or to your use of u.com.my.


3. You acknowledge that the material on u.com.my should not be taken as an inducement or invitation to invest or otherwise deal in the shares of companies related to U Mobile Sdn Bhd nor relied upon for any specific purpose.


4. To the extent permitted by law, U Mobile Sdn Bhd and its related corporations and their respective directors, employees, officers, agents and contractors exclude all liability whether in contract or tort (including liability for negligence) for any loss or damage (including without limitation, direct, indirect, special or consequential loss or damage) or otherwise arising from the use or reliance on any content or products and services available on or using u.com.my whether or not this is caused by a negligent act or omission. If we are prohibited at law from excluding our liability, we limit our liability to the extent permitted by law to resupplying the material or the relevant service.

Trade Marks and Copyright

1. This website contains trade marks which are the subject of pending applications or which otherwise are protected at law. Unless otherwise indicated, the “U” logo, “umobile”, “Mobile LiveTV” and any other product or service name referred to on u.com.my are trade marks owned by or licensed to U Mobile Sdn Bhd. You are not permitted to use these trade marks except (a) by saving or printing a copy of u.com.my as permitted below under the copyright permission; (b) through a legitimate reference to our product or service with proper recognition of the trade mark's status; and (c) with our prior written consent.


2. This website is the copyright © U Mobile Sdn Bhd (223969-U).


3. All material on u.com.my is copyright in Malaysia and, through international treaties, in other countries. You may either electronically save or print out parts of u.com.my for your own information, research or study but only if (a) you do not modify the copy from how it appears on u.com.my; and (b) you include all copyright or proprietary notices that appear on u.com.my on all copies that you make. You must not frame, transmit (including broadcast), modify, link to, or otherwise use any of the material, including audio and video excerpts, except with our prior written consent.

Confidentiality

1. We do not guarantee that your use of u.com.my will be confidential.


2. Any comments, suggestions, feedback, questions, ideas or other material you send or post to u.com.my by any means may not be secure during its transmission over the internet. They will be treated as non-confidential information and non-proprietary and you agree that we may use, reproduce, publish, modify, adopt and transmit them to others in conducting our business, including but not limited to marketing our products and services.

Termination

1. We may stop making u.com.my, or a part of u.com.my, available at any time with or without notice.


2. We may immediately suspend, terminate or limit your access to u.com.my if: you are in breach of the Terms of Use or there is an emergency or for operational or regulatory reasons or for whatever reason we deem fit.


3. If you enter a contract for the supply of goods and/or services via u.com.my, that contract will not be affected if we stop making u.com.my or part of u.com.my available to you, unless the goods and/or services are supplied via u.com.my.

Communication

1. As part of some u.com.my services are available via u.com.my, we may communicate with you via email, or an SMS, or both, to an email address or a mobile phone number nominated by you. When we do this, the following will apply:
   
   1. you are responsible for ensuring that your contact details for the online service/s are current, your email service or mobile phone account is operational and that you check your emails or mobile phone regularly for messages and
   
   
   2. you must notify us as soon as possible of any changes to your contact details for the online services using the online method provided by us
   
   


2. Despite paragraph 1 above, if we give you notice we will post the content of the notice to u.com.my.


3. From time to time, we may choose to also give you notice by another method. If we give you such additional notice, you should not presume that we will do this every time.

General Matters

1. This website is governed by the laws of Malaysia and you irrevocably submit to the jurisdiction of the courts of Malaysia for determining any dispute concerning the Terms of Use. This website may be accessed throughout Malaysia and overseas. We do not represent that the content of u.com.my complies with the laws (including intellectual property laws) of any country outside Malaysia. If you access u.com.my from outside Malaysia, you are responsible for ensuring compliance with all laws in the place where you are located.


2. If any of the Terms of Use are invalid or unenforceable, it will be struck out and the remaining terms will remain in force.


3. If we do not act in relation to a breach by you of the Terms of Use, this does not waive our right to act with respect to later or similar breaches.


4. References to “us”, “our” or “we” mean U Mobile Sdn Bhd (223969-U).

Version: 27 October 2016