1. Definitions and Interpretation
"Account" means any account of a Customer with Celcom with respect to the provision of any Service;
"Bill" means any bill, invoice or statement issued or rendered by Celcom or its billing agent of any charge, fee or other sum stated therein as due and payable to Celcom and/or of any sum or sums or balance due or payable to or from Celcom in respect of any Service or on any Account;
"Customer" means any individual who applies or subscribes for or utilises any Service and agree to subscribe for Celcom mBill;
"Damages" means all direct and indirect liabilities, losses, damages, costs and expenses, fines and penalties including loss of profits, business or anticipated savings or any other consequential losses;
"Password" means a set of unique identification code made available to or created by Customer to access Celcom mBill;
"Service" means any telecommunications, broadcasting or other service (including the supply, rental or installation of any equipment and any service comprised in any request by Customer) offered or provided by Celcom or any Celcom Group Corporation to a Customer from time to time;
" Celcom" means Celcom Mobile Sdn Bhd and its successors;
" Celcom Group Corporation" means any corporation comprising Celcom and its related corporation;
" Celcom mBill" means a service offered whereby the Customer's periodic official bill statement may be viewed by Customer
"SMS" means short message service sent or received via a mobile phone;
"SMS alert" means short message service triggered from Celcom mBill;
2.1 Celcom mBill shall be made available to any Customer who applies to subscribe and whose application is successfully accepted by the Service Provider.
2.2 As a pre-requisite to applying for Celcom mBill, the Customer must have an active Service with Celcom at point of registration and is a Blackberry user.
3. Activation and Use of Celcom mBill
3.1 Upon successful download of Celcom mBill folder on the Customer mobile phone, the Customer may register and log-on to Celcom mBill to view the periodic official bill statement and/or to carry out other transactions available on Celcom mBill from time to time.
3.2 Celcom mBill is a supplementary to physical bill. Whilst Celcom mBill is in activation, the Customer may request Celcom to discontinue in posting the physical bill service. Customer shall have to contact Celcom Customer Service to request for discontinuation of physical bills.
3.3 The Customer shall have to create user name and a password to log on to the Celcom mbill upon successful registration.
3.4 The Customer shall be responsible to keep the Password secret and not to divulge the Password to any third party. Celcom shall not be liable to the Customer for any illegal or unauthorised access or use of the Account by third parties in relation to Celcom mBill Service.
3.5 The Customer acknowledges that whilst mobile telephone is used as a means of communication between the Customer and Celcom for delivery of the Service and Celcom mBill , the Customer shall assume the risks inherent in such form of communication including the risk of non-delivery, wrong delivery, disruption in delivery or truncated or illegible delivery. Celcom shall not be liable to the Customer for any Damages arising by reason of use of such communication.
3.6 The time for making payment of the Bill and for notifying Celcom of any error, inaccuracy or discrepancy with respect to any amount stated in the Bill shall remain unaltered by Celcom mBill and these billing terms shall continue to be governed by Celcom.s General Terms and Conditions of Service and Billing Terms.
4. Subscription Fees and Renewal
4.1 The Customer shall be subject to the subscription Fees for Celcom mBill whcich shall be imposed by Celcom from time to time. Celcom reserves the right to impose any charges for use of Celcom mBill at any time by prior notification to the Customer in accordance with Celcom's General Terms and Conditions of Service.
An Auto-Renewal SMS notification will be sent to the Customer before the expiry date. Celcom mBill shall be automatically renewed upon expiry of the subscription period unless it is terminated via SMS by the Customer.
5. Termination or Discontinuation of Celcom mBill
5.1 Celcom shall have an absolute discretion to modify, restrict, suspend, or discontinue Celcom mBill anytime without giving any reason by prior notification to the Customer.
5.2 Celcom shall terminate Celcom mBill, within a reasonable time after the Customer discontinues all Services with Celcom and discharges all payment obligations.
5.3 The Customer may terminate Celcom mBill by de-activating the Customer's account in accordance with the procedures set out in Celcom mBill. Upon de-activation of Celcom mBill, the Customer shall have to inform Celcom if Customer wishes Celcom to resume sending hard copy Bills and provide Celcom with the Customer.s last known address Customer acknowledges that access to any information and transactions relating to Celcom mBill will cease immediately upon the termination of celcom mBill service.
6. Disruption to Celcom mBill
6.1 The Customer acknowledges that Celcom mBill is available upon activation, on a 24 hours basis, subject to service disruption that may be caused by scheduled maintenance, electrical or network failure or other causes beyond the Service Provider's control. Celcom shall not be liable to the Customer for any such disruption in access to Celcom mBill. Celcom shall use its best efforts to restore Celcom mBill in the event of disruption caused by an external event.
7.1 Celcom shall not be liable to the Customer for any Damages suffered or incurred by the Customer which may arise (whether in contract, tort or otherwise) by reason of or in connection with the provision of Celcom mBill.
7.2 To the extent permitted by law, Celcom excludes all warranties, rights and remedies (including warranties implied by statute or otherwise) that the Customer would otherwise be entitled to by law.
8.1 In the event of any inconsistency between the Bill available on Celcom mBill and the Bill available on the Service Provider's billing system, the latter shall prevail and shall be deemed final and conclusive.
8.2 These Terms and Conditions may be amended by Celcom from time to time by notice to the Customer in accordance with Celcom's General Terms and Conditions of Service. The Customer shall be bound by the terms and conditions so amended. In any event if the Customer continues to use Celcom mBill after such notice the Customer shall be deemed to have accepted the amendments.
8.3 These Terms and Conditions shall be subject to and construed in accordance with the laws of Malaysia and the Customer hereby agrees to submit to the exclusive jurisdiction of the courts of Malaysia.