TERMS AND CONDITIONS FOR ACCESS TO WIRELESS@KL WiFi BROADBAND SERVICES

These terms and conditions govern all services related to the Wireless@KL WiFi broadband services (collectively "Service"), provided by Packet One Networks (M) Sdn Bhd (571389-H) ("Service Provider" or "P1") to you ("Subscriber").

(Each of Service Provider and Subscriber are also hereinafter referred to collectively as "Parties" and individually as "Party").

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE SIGNING UP FOR THE SERVICE. BY ACCEPTING AT THE END OF THESE TERMS AND CONDITIONS, SUBSCRIBER CONFIRMS ACCEPTANCE OF THESE TERMS AND CONDITIONS. SERVICE PROVIDER RESERVES THE RIGHT TO UPDATE OR REVISE THESE TERMS AND CONDITIONS FROM TIME TO TIME. SERVICE PROVIDER MAY GIVE NOTICE OF AMENDMENT TO SUBSCRIBER IN A MANNER DEEMED APPROPRIATE BY THE SERVICE PROVIDER. CONTINUATION IN THE USE OF THE SERVICE SIGNIFIES ACCEPTANCE BY SUBSCRIBER OF CHANGES TO THESE TERMS AND CONDITIONS.

This Statement will explain the following regarding the treatment of data collected on our Site:

1. Definitions and Interpretation
2. Provision of Services
3. Commencement of Service
4. Application for the Service
5. Service Availability
6. Account Activation
7. Fees
8. Subscriber's Responsibilities
9. Prohibited Use
10. Security
11. Suspension of Service
12. Term
13. Termination
14. Disclaimer
15. Indemnity
16. Confidential Information
17. Entire Agreement
18. Severability
19. Assignment
20. Indulgence and Waiver
21. Notice
22. Force Majeure
23. Governing Law and Forum
24. Subscriber's Warranties and Acknowledgement
25. Schedules Integral to this Agreement
26. Data

1. Definitions and Interpretation

The following words carries the following meaning in this Agreement, unless the intention is contrary and stated other wise :

• "Activation Date" refers to the Service commencement date, described in detail in Clause 3.3;
• "Designated Address" refers to Subscriber's designated address as stated in Subscriber's Application Form (described in detail in Clause 5.1);
• "Initial Term" refers to the initial tenure of this Agreement, described in detail in Clause 12;
• "Packet One" refers to Packet One Networks (M) Sdn. Bhd. (571389-H), or any of its related companies (as defined in the Companies Act 1965);
• "Packet One network" refers to equipment, software and facilities operated by Packet One to enable the provision of the Service to Subscriber;
• "Registration Date" has the meaning ascribed to it in Clause 3.1;
• "Renewal Term" refers to the renewed tenure of this Agreement, as described in detail in Clause 12;
• "Service" is defined to include all services as set forth in the service specific schedule attached hereto;
• "Terms" has the meaning ascribed to it in Clause 2.

2. Provision of Services

Service Provider agrees to provide and Subscriber agrees to use the Service and is subject to these terms and conditions, including any schedules and exhibits, as amended by Service Provider from time to time ("Terms").

3. Commencement of Service

3.1. These Terms shall become effective on the date Service Provider accepts Subscriber's application for the Service ("Registration Date") and, subject to contrary provisions provided herein, shall continue to be effective for two (2) years from the date of registration.

3.2. Service Provider reserves the right to decline any application without assigning any reason thereto.

3.3. The Service shall commence on the date Service is ready to be activated by Subscriber ("Activation Date").

4. Application for the Service

4.1. Subscriber shall ensure that all information (and documents) submitted to Service Provider for the purpose of subscribing to the Service (including information that is to be submitted with the Application Form or upon Service Provider's request) are accurate, current and complete and Subscriber undertakes to inform Service Provider of any updates to such information in accordance with Clause 15 below.

4.2. Subscriber is required to submit supporting documents stipulated in the Application Form to Service Provider.

4.3. In order to subscribe and establish connection to the Service, Subscriber must use his WiFi enabled device at premises which are designated as Wireless@KL WiFi broadband ready.

5. Service Availability

5.1. Upon receipt of all the supporting documents specified in Clause 4.2 by Service Provider, Service Provider shall process Subscriber's application and if approved by Service Provider, shall activate the Service for Subscriber.

5.2. Service shall only be available at clearly identified and designated premises that display the Wireless@KL WiFi broadband access area banner.

6. Account Activation

6.1. Service shall be activated upon Service Provider verifying all information provided by Subscriber in the supporting documents as true and correct.

7. Fees

7.1. There will be no fees chargeable to Subscriber for the Service.

8. Subscriber's Responsibilities

8.1. Subscriber shall:

1. be responsible for the set-up or configuration of his/her/its own equipment for access to the Service;
   
2. comply with all notices or instructions given by Service Provider from time to time in respect of the use of the Service;
   
3. be solely responsible for obtaining, at his/her/its own cost, all licenses, permits, consents, approvals as may be required for using the Service;
   
4. comply with the rules of any network and websites to which Subscriber has access through the Service;
   
5. comply with and not contravene any and all applicable laws and regulations of Malaysia, whether relating to the Service or otherwise including but not limited to the Communications and Multimedia Act 1998;
   
6. be solely responsible for all information retrieved, stored and transmitted by Subscriber through the use of the Service;
   
7. obtain Service Provider's prior approval before making any changes to the network configuration and interconnecting the private network to any public network;
   
8. be responsible for ensuring that Subscriber's personal computer is equipped with the necessary network card;
   
9. abide by and adhere to these Terms;
   
10. and comply with the provisions of all access agreements executed between Service Provider and third parties.
    

9. Prohibited Use

9.1. Subscriber shall:-

1. not use the Service, any equipment, relevant technology and intellectual property rights for any unlawful purpose including without limitation for any criminal purposes;
   
2. not use the Service to send unsolicited electronic messages or any message which is obscene, threatening or offensive on moral, religious, racial or political grounds to any person including a company or a corporation;
   
3. not disrupt the normal use of the Service for other subscribers;
   
4. not compromise or infect any systems with computer viruses or otherwise;
   
5. not infringe any intellectual property rights of Service Provider, its related companies and subsidiaries or any third party;
   
6. not gain unauthorised access to any computer system connected to the Internet or any information regarded as private by any person including a company or corporation;
   
7. not share the Service with any person including a company or corporation without the prior written approval of Service Provider and shall use the Service only for the purpose for which it is subscribed;
   
8. not resell or sublet the Service to any third parties;
   
9. not modify, reverse engineer, translate, disassemble or decompile the Service, or otherwise to attempt to derive the source code of the software that enables the Service and not use the Service in any manner, which in the opinion of Service Provider may adversely affect the use of the Service by other subscribers or efficiency or security as a whole.
   

9.2 In respect of the Terms under Clause 9.1 hereinabove Subscriber shall indemnify and keep the Service Provider indemnified against all costs, expenses, loss and damages that may arise out of Subscriber's non-adherence thereof.

10. Security

10.1. Subscriber shall take all such measures as may be necessary to protect his/her/its own system and network.

10.2. Subscriber shall be responsible for maintaining the confidentiality of his/her/its passwords, if any, (including without limitation changing his/her/its passwords from time to time) and shall not reveal the same to any other person.

10.3. Service Provider shall not be liable for any loss Subscriber suffers as a result of not keeping his/her/its password and other security information confidential.

10.4. Subscriber acknowledges that Service Provider shall not be liable for the security of Subscriber's data passing over the Service or the Service Provider Network and that Service Provider shall have no obligation to ensure, and makes no representations or warranties concerning the security of such data. Subscriber shall be solely responsible for the data retrieved, stored or transmitted through the Service or the Service Provider Network.

10.5. Subscriber agrees that Service Provider is not liable for any unauthorised access to Subscriber's data even where the access occurs as a result of a fault in the Service Provider Network or any other equipment or software owned, operated or supplied by Service Provider.

11. Suspension of Service

11.1. Without prejudice to any other rights or remedies and notwithstanding any waiver by Service Provider of any previous breach by Subscriber, Service Provider may suspend all or any of the Service for a period determined by Service Provider in its sole discretion in the event that:

1. Subscriber fails to comply with these Terms;
   
2. there is reasonable suspicion of fraudulent or illegal activity by Subscriber;
   
3. a legal authority requests Service Provider to do so; and/or
   
4. any scheduled or unscheduled outages occur which cause interruption to the Service, including but not limited to maintenance of Service Provider's equipment or systems.
   
   

11.2. In the event of any suspension of the Service by Service Provider in accordance with Clause 11.1(i) hereof, Service Provider may if it deems appropriate at it sole discretion and upon such terms, as it deems proper reconnect the Service, in which event the Service and these Terms shall continue in effect as if the Service had not been suspended.

12. Term

12.1. This Agreement shall commence on the Registration Date and continue for two (2 years ("Initial Term"). Upon the expiry of the Initial Term, this Agreement shall be renewed at the discretion of the Service Provider.

12.2. Subscriber shall not be entitled to terminate the Agreement at any time and for any reason whatsoever (save for termination pursuant to Clause 13) during the Initial Term or the Renewal Term.

13. Termination

13.1. Without prejudice to any other rights or remedies of Service Provider under these Terms or at law, Service Provider may terminate any or all Service immediately, in the event:

1. Subscriber breaches any term, condition, undertaking or warranty hereunder and such breach shall remain unremedied for a period of thirty (30) days after receipt of the written request to remedy the same;
   
2. Subscriber becomes bankrupt or a receiver, receiver and manager, judicial manager, liquidator, official manager or like official is appointed over the whole or a substantial part of the undertaking or property of Subscriber;
   
3. any event of Force Majeure occurs as specified in Clause 22 hereof, which continues for a period of more than sixty (60) days;
   
4. Subscriber fails to comply with Service Provider's policy(ies) and/or instruction(s) communicated to Subscriber in writing and such non-compliance shall remain unremedied for a period of thirty (30) days after receipt of the written request to remedy the same;
   
5. Subscriber is in breach of any provision under Communication and Multimedia Act, 1998 or any other rules, regulations, by-laws, acts, ordinances or any amendments to the above; or
   
6. Service Provider has suspended any Service to Subscriber pursuant to Clause 11.1(i), 11.1(ii), 11.1 (iii) and/or 11.1(iv) for sixty (60) days or longer.
   
   

13.2. Notwithstanding the termination by Service Provider pursuant to Clause 13.1, Subscriber shall remain liable for all antecedent breaches during the subsistence of this Agreement.

13.3. Subject to Clause 3, Clause 13.2 and any relevant provisions in Schedule 1, Subscriber may terminate any Service upon providing thirty (30) days written notice to Service Provider.

13.4. Service Provider shall not be liable to Subscriber for any claim for damages or costs of any nature whatsoever arising out of discontinuance of the Service due to the termination or expiration of any Service or these Terms in accordance with its term including but not limited to any claim for loss of profits or prospective profits or for anticipated loss.

14. Disclaimer

14.1. The Service is provided on an "as is" basis. Service Provider and the Landlord/Proprietor disclaims all warranties and representations of any kind, express, implied, or statutory including without limitation the implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Company does not warrant that any of the Service will meet Subscribers specific requirements or will be uninterrupted, timely, secure or error free.

14.2. Service Provider shall not be liable to Subscriber for any direct and incidental loss, cost, claim, liability, expenses, demands or damages whatsoever (including any loss of profits, loss of savings or incidental or consequential damages), arising out of Subscriber's use, misuse, or failure or inability to use such Service. Service Provider's liability (if any) is limited to restore the Service as soon as is reasonably practicable.

14.3. Service Provider and the Landlord/Proprietor shall not be liable in any way whatsoever for any loss or damage to any property or injury to any person howsoever caused, whether negligent or otherwise arising out of the use of the Service by Subscriber.

14.4. While every care is taken by Service Provider in the provision of the Service, Service Provider shall not be liable for any loss of information howsoever caused whether as a result of any interruption, suspension, or termination of the Service or otherwise, or for the contents accuracy or quality of information available, received or transmitted through the Service.

14.5. Subscriber shall be solely responsible, and Service Provider and/or the Landlord/Proprietor shall not be liable in any manner whatsoever, for ensuring that in using the Service all applicable laws, rules and regulations for the use of any telecommunications systems, service or equipment shall be at all times complied with.

15. Indemnity

15.1. Subscriber undertakes and agrees to indemnify, save and hold harmless Service Provider at all times against all actions, claims, proceedings, costs, losses and damages whatsoever including but not limited to libel, slander or infringement of copyright or other intellectual property rights or death, bodily injury or property damage howsoever arising which Service Provider may sustain, incur or pay, or as the case may be, which may be brought or established against Service Provider by any person including a company or corporation whomsoever arising out of or in connection with or by reason of the operation, provision or use of the Service and/or equipment under and pursuant to these Terms and which are attributable to the act, omission or neglect of Subscriber, his servants or agents. This paragraph shall survive termination of these Terms and the Service.

15.2. Service Provider shall use its best endeavours to ensure the continuity and efficiency of the Service at all times but shall not be liable for any loss, damage, consequential or otherwise, arising out of any failure of the Service caused unless such default, error, omission or loss is due to the willful neglect or fault of Service Provider. Notwithstanding the aforementioned, the extent of Service Provider's liability shall be limited to correcting the failure of the Service only.

16. Confidential Information

Subscriber shall at all times maintain the confidentiality of all information imparted to him/her/it pursuant to these Terms and/or in connection with any Service. Subscriber shall not disclose or give to any third party any such information without the prior written consent of Service Provider.

17. Entire Agreement

17.1. These Terms, together with the completed Application Form (and its attachment(s)) for each Service submitted by Subscriber to Service Provider, represent the entire understanding, and constitute the whole agreement, in relation to its subject matter and supersedes any previous agreement between the Parties with respect thereto, and, without prejudice to the generality of the foregoing, excludes any warranty, condition or other undertaking implied at law or by custom.

17.2. In the event of a conflict between terms and conditions set forth in the main body of these Terms and the terms in a service specific schedule, the terms in the service specific schedule shall govern.

18. Severability

If any provision herein contained should be invalid, illegal or unenforceable under any applicable law, such provision shall be fully severable and these Terms shall be construed as if such illegal or invalid provision had never comprised a part of these Terms and the legality and enforceability of the remaining provisions of these Terms shall not be affected or impaired in any way.

19. Assignment

Subscriber shall not assign any of his/her/its rights or obligations under these Terms to any other person whatsoever. Service Provider may assign and/or novate these Terms to any third party and consent for the abovementioned is hereby deemed given by Subscriber.

20. Indulgence and Waiver

20.1. No delay or indulgence by Service Provider in enforcing any term or condition of these Terms or granting of time by Service Provider to Subscriber shall prejudice the rights or powers of Service Provider under these Terms or at law.

20.2. Failure by Service Provider to exercise any part or all of its rights under these Terms or any partial exercise shall not act as a waiver of such right nor shall any waiver by Service Provider of any breach constitute a continuing waiver in respect of any subsequent or continuing breach.

21. Notice

Service Provider may give notice by way of posting a notice on its website or by post, fax, e-mail or other forms of communication to Subscriber's last known address, fax, e-mail or other communication coordinates. All notices, requests or other communications required or permitted to be given or made hereunder by Subscriber to Service Provider shall be in writing and delivered either by hand, or sent by prepaid registered post addressed to Service Provider's registered office address (or such other address as Service Provider may revise from time to time). Such notices, requests or other communications shall be deemed to have been given by facsimile or e-mail immediately after transmission thereof or if sent by post (including posting on the website by Service Provider), forty-eight (48) hours after posting.

22. Force Majeure

22.1. Service Provider shall not be liable for any breach of these Terms arising from cause beyond its control, including but not limited to:

1. war, whether declared or not, civil war, civil violence, riots and revolution, acts of piracy, acts of sabotage;
   
2. natural disasters and Acts of God, such as violent storms, cyclones, earthquakes, tidal waves, tsunamis, floods, destruction by lightning;
   
3. explosions, fires, destruction of machines, of factories and of any kind of installations;
   
4. boycotts, strikes and lock-outs of all kinds, go-slows, occupations of factories and premises, work stoppages, embargo, labour shortages or disputes, failure of the internet; and
   
5. acts of authority, whether lawful or unlawful.
   

22.2. Service Provider may terminate any Service by giving written notice to Subscriber, in the event that the Force Majeure event which has occurred prevents Service Provider from performing and/or continuing its obligations for more than a period of fourteen (14) days.

23. Governing Law and Forum

These Terms shall be governed and construed in accordance with the laws of Malaysia and the Parties hereby irrevocably submit to the non-exclusive jurisdiction of the Malaysia courts. These terms and condition shall always be subject to the directives, determinations and regulations as set by Malaysian Communications and Multimedia Commission from time to time ("MCMC Directives"). In the event of conflict between the terms and conditions and MCMC directives, the MCMC directives shall prevail and supersede in respect of the conflict only.

24. Subscriber's Warranties and Acknowledgement

24.1. Subscriber hereby warrants that:

1. he/she/it has the legal capacity to enter into these Terms and is not a minor; and
   
2. if Subscriber is a body corporate, it has the required corporate authority to enter, execute and be bound by these Terms.

24.2. Subscriber acknowledges that:

1. he/she/it has read and fully understood all the terms and conditions herein upon signing the Application Form and agrees to be bound by the same upon Service Provider accepting the application; and
   
2. the details and documents provided to Service Provider together with the Application Form are true, genuine and contain the latest information and allows Service Provider to conduct independent verification of the same with any organization or body.
   

24.3. Subscriber further acknowledges and agrees that:

1. It is Service Provider's policy to use Subscriber's data and personal information acquired through the registration process or through Subscriber's use of Service Provider's products and services for its business purposes.
   
2. Service Provider may use and/or share with its licensors Subscriber's personal information for the purposes of customising advertisements and content on the website(s) and Service Provider's partner sites, providing information to Subscriber of other products and services available from Service Provider, its licensors and its affiliate, processing and fulfilling Subscriber request for products and services, responding to Subscriber enquiries, conducting research for improvement of the Service and relevant technology and products, and statistical analysis and the general operation and maintenance of the Service and its related website(s).
   
3. Service Provider will disclose Subscriber's personal information if required to do so by law or in good faith, if such action is necessary to:
   
   (a) comply with any legal authority, law enforcement agency, court orders or legal process; and/or
   
   (b) protect and defend the rights or property of Service Provider, its licensors and its users.
   

25. Schedules Integral to this Agreement

For the avoidance of doubt, the Parties agree and understand that the contents of the schedules to this Agreement shall be deemed to form and be construed as an integral part of this Agreement and shall be binding upon them.

26. Data

The Subscriber shall, upon executing this Agreement, consent and permit Service Provider to use/disclose the Customer's personal data for purposes including but not limited to data matching, transborder transfer of data, Call Line Identification Presentation (CLIP), credit checking and/or for any purpose deemed to be in the interest of Service Provider and for the compliance of any laws and regulations.

SCHEDULE 1: SERVICE SPECIFIC SCHEDULE
EXHIBIT: WIRELESS@KL WIFI BROADBAND ACCESS SOLUTION POWERED BY SERVICE PROVIDER

Terms and conditions specific to this service:

1. Service Description:

Wireless@KL broadband Internet access and any other services that the Service Provider may decide to provide, at its sole and absolute discretion, to Subscriber. The service is free and offered on a best effort basis and as the services is offered on a shared basis; however Service Provider shall endeavour to provide best possible services to subscribers.

2. Licence:

Service Provider grants a non-exclusive, non-transferable license to Subscriber to use this service (including the license to use all necessary software in connection with this service), such license shall be automatically revoked once the term of this service expires or once this service is terminated for whatever reason.

3. Fees:

At present there shall be no fees payable by Subscriber.

SCHEDULE 2: FAIR USAGE POLICY

1. Introduction

1.1. This Fair Usage Policy ("Policy") sets out an acceptable level of conduct between the service provider and its subscribers using the Service.

1.2. A very small number of customers use Peer to Peer or file sharing software, which constantly sends and receives video and other very large files, throughout the day. This type of activity uses a lot of bandwidth and can significantly reduce the speed at which other customers can access the internet during peak hours. Approximately 1% of customers use more than 30% of the available bandwidth during peak hours. We don't believe this is fair to the vast majority of our customers.

1.3. This fair usage policy automatically identifies the very small number of extremely heavy users and manages their bandwidth only, to protect the service for all our other customers.

1.4. The service provider may, from time to time, change this Policy without further notice to its subscribers. Please visit the www.p1.com.myweb page periodically to determine any changes to this Policy.

1.5. This Policy supplements the Wireless@KL WiFi Broadband Terms & Conditions and the General Terms and Conditions.

2. Fair Usage

2.1. Service Provider is committed to ensuring all Subscribers receive the best broadband performance. To achieve this goal Service Provider will provide a contended broadband service. Service Provider's Internet bandwidth is shared by all Service Provider's subscribers at any one point in time.

2.2. The Service Provider reserves the right to release subscriber information pursuant to any copyright (and/or intellectual property right) infringement if it is required to do so by any law, regulatory body or court of law.

2.3. Each subscriber's total usage per month shall be capped at 500 megabytes of total data volume transmitted (total upload and download usage).

3. Enforcement on Breach of Policy

3.1. In respect of the subscribers who are in violation of this Policy, the service provider may, at its option and discretion, have their bandwidth managed, service suspended or terminated (with or without notice as the service provider considers appropriate).

3.2. To report any illegal or unacceptable use of Wireless@KL WiFi Broadband service, please send an email to wireless.kl@packet-1.com or call P1 Careline at 1300-800-888.