TERMS AND CONDITIONS

This Service (as hereinafter defined) is made available by Celcom. You acknowledge that you have read and fully understood these Terms and Conditions. Your use of the Service, upon Activation, constitutes unconditional acceptance to be bound by these Terms and Conditions as may be amended by Celcom, from time to time. These Terms and Conditions which shall form an integral part of, and to be read together with, the terms and conditions of the respective mobile/content service(s) offered and relevant to the Customer in respect of this Service.

In the event of a conflict or inconsistency between these Terms and Conditions and terms and conditions of the respective mobile/content service(s), such inconsistency shall be resolved by giving precedence in the following decreasing order:
(a) these Terms and Conditions;
(b) terms and conditions of the respective mobile/content service(s)

1. Definitions

For the purpose of these Terms and Conditions, the following terms shall, unless the context otherwise requires, have the meanings as defined below. All other terms not defined herein shall have the meaning as may generally be accepted within the industry based on the context used herein:

Account
means a personalised arrangement created by a user either registered via Email, Facebook or Google account and is subscribing to the Service. Account will be deemed inactive if there are no transactions for two (2) consecutive months.
Activation/ Activated
means the point in time when the said Service is activated in the Checkpoint.
Checkpoint
is an agnostic, one-stop online gaming platform by Celcom. It encompasses online game credit store.
Commercial Gain
means any form of profits earned and/or gained by the Customer directly and/or indirectly arising from using/utilisation of the Service with any unauthorised device or any other ways in any manner whatsoever which unfairly exploit the unlimited free voice, short message service (SMS) and/or data usage (as and when it is made available by Celcom in any of its promotions, plans and/or packages) or spamming activities for the purposes of unauthorised reselling.
Credit Limit
means the limit on Daily and Monthly Charges imposed by Celcom at its sole and absolute discretion from time to time.
CP
means the currency in Checkpoint. Customers will reload in terms of Ringgit Malaysia to CPs. RM1 is equivalent to 1 CP.
Customer
means the person authorized for using the Service subject to the Terms and Conditions herein and/or an entity of whatsoever description. Please refer to Clause 5 for Customer eligibility.
Device
means any device used to access the broadband service that includes, but is not limited to, USB modems, laptops (via built-in embedded modem), data cards and Mobile Telephones and/or any accessories used together to access the Service.
Celcom
means Celcom Mobile Sdn Bhd (27910-A), with business address at No.6 Persiaran Barat, Seksyen 52, 46200, Petaling Jaya, Selangor, an entity that owns and maintains the Checkpoint portal.
Celcom System
means the telecommunications system utilised by Celcom in providing the Service.
Information
means information, data, content, interactive applications, services and/or any other material the provided by the Customer at any time, access, use and/or generate via the Service and/or VAS as applicable, including, but not limited to, Customer 's personal data.
Principal User
means the Customer or in the case of a company, any person nominated by the company to be the Principal User.
Redemption
means the act of exchanging RG for a set of item(s) determined by Celcom.
Service
means the Checkpoint portal as defined above.
Taxes
means any charges stated exclusive of any taxes. Customer will be responsible for paying any taxes arising from the use of the Service for which Customer is legally liable such as Sales and Service Tax (“SST”) at the rate in force at the date the liability arises.
You or Your
refers to the person aged eighteen (18) years and above and is authorised to use the Service subject to the Terms and Conditions herein and/or an entity of whatsoever description including but not limited to a sole proprietorship, a partnership, a body corporate or otherwise governmental bodies and agencies of any kind established under the laws, rules and/or regulations for the time being in force and which may come in force.

2. Period of Agreement

This agreement shall take effect from Activation date of the Service and shall continue to be in force until terminated in accordance with these Terms and Conditions.

3. Customer’s Responsibility

You shall:

3.1 ensure the compatibility of your Device with the Service. In the event that changes and upgrades are introduced to the Service, you shall be responsible to ensure the continued compatibility of your Device and you shall have no claim whatsoever against Celcom arising therefrom. Celcom shall in no way be responsible to ensure the compatibility of your Device to the changes and upgrades introduced;

3.2 comply with all notices or instructions given by Celcom from time to time in relation to the use of the Service

3.3 ensure that the Mobile Device used with the SIM Card is legally owned by the Principal User

3.4 be responsible for all equipment and software necessary to use the Service and also for the security and integrity of all information and data transmitted, disclosed and/or obtained through the use of the Service;

3.5 be responsible for all usage of and charges for the Service including but not limited to payment of all the Service charges and any other related charges due to Celcom pursuant to the Terms and Conditions in a timely manner

3.6 keep personal data, Service account details, passwords, game codes and any other confidential information at all times and not release these details to any person.

3.7 not getting involved in the following offences:

Offence
Definition
Hacking
Any modification of the Service, and the use of any 3rd party apps within the portal is strictly prohibited. Gaining access to other Customers’ Checkpoint account is also strictly prohibited.
Exploiting
Deliberate abuse of bugs for Commercial Gain.
Smurfing
Using another Customer’s Account to access the Service.

Celcom shall have the right, at its own discretion to suspend, exclude or terminate any Customer’s account in the event the Customer has committed any offence as specified in Clause 3.7 above.

3.8 comply with all applicable laws of Malaysia relating to the Service, including without limitation to the Communication and Multimedia Act 1998 and its subsidiary legislation, other acts, statutes, by-law, rules and regulations issued by relevant government and regulatory agencies which may be amended from time to time.

3.9 take all reasonable steps to prevent fraudulent, improper or illegal use of the Service;

3.10 report immediately to Celcom upon discovery of any fraud, theft, loss, unauthorized usage or any other occurrence of unlawful acts in relation to the Service and its use. You agree to lodge a police report whenever instructed by Celcom and to give Celcom a certified copy of such report; and

3.11 indemnify and shall keep indemnified Celcom from any loss, damage, liability or expense, arising from any claims for libel, invasion of privacy, infringement of copyright, patent, breach of confidence or privilege or breath of any law or regulation whatsoever arising from the content transmitted, received or stored via the Service or part thereof and for all other claims arising out of any act or omission of your or any unauthorised use or exploitation of the Services or part thereof.

4. You shall not use the Service:

4.1 To cause embarrassment, distress, annoyance, irritation, harassment, inconvenience, anxiety or nuisance to any person;

4.2 To cause excessive or disproportionate load on the Service or Celcom’s System;

4.3 For any unlawful purpose including but not limited to vice, gambling or other criminal purposes whatsoever or for sending to or receiving from any person any message which is offensive on moral, religious, communal or political grounds, or is abusive, defamatory or of an indecent, obscene or menacing character;

4.4 For any purpose which is against public interest, public order or national harmony;

4.5 Use, permit or cause to be used the Service improperly or for any activities which breach any laws, infringe a third party’s rights, or breach any directives, content requirements or codes promulgated by and relevant authority including activities which will require Celcom to take remedial action under any applicable industry code or in a way interferes with other user or defames, harasses, menaces, restricts or inhibits any other use from using or enjoying the Service or the internet; or

4.6 To transmit or post any content that contains any harmful, damaging or destructive programs.

5. Customers Eligibility

5.1 You must be the sole owner of the SIM card subscription and the mobile number (MSISDN) used in the Service. You are not allowed to appoint any other individual to represent him or her in the Service.

5.2 You must be a valid user to any of the Mobile Operators.

6. Celcom’s Rights

6.1 Celcom reserves the sole and absolute right to withdraw, amend, omit and/or vary any part or the whole of these terms and conditions of this Service with a prior notice and Celcom shall not be liable for any loss or inconvenience to you resulting therefrom.

6.2 Celcom’s decisions on any matter relating to the Service shall be final and conclusive. Any request for appeal and review shall not be entertained.

6.3 Celcom reserves the right at its absolute discretion, from time to time, to vary, add to or otherwise amend the Terms and Conditions or any part thereof, and such amendments shall be published on Celcom’s website. Your continued use of the Service after the effective date of any variation, addition or amendments to the Terms and Conditions shall constitute your unconditional acceptance of such variations, additions or amendment.

6.4 Except as expressly mentioned herein, Celcom shall not be responsible for any expenses and costs incurred by you, including out-of-pocket expenses related to or as a consequence of using the Service.

6.5 Unless otherwise notified, Celcom may send you notifications relating to promotional and marketing activities from time to time.

6.6 Celcom may extract any Short Message Service (SMS) details or Personal Information or any other data from you which is required to be used as evidence in court and/or when necessary in the event of a suspected and or proven misuse of the Service.

7. Personal Information

You agree that upon Activation and continuing to of this Service, you are giving consent to Celcom that the information collected by Celcom from you (“Personal Information”) will be used and/or disclosed in accordance to our Privacy Notice as posted on our website and Personal Data Protection Act 2010. You are advised to read our Privacy Notice to understand your rights with regards to your Personal Information.

8. Purchase and Payment

8.1 You can purchase any item(s) from Checkpoint via the following payment methods:

i) Direct Carrier Billing;

ii) Credit Cards;

iii) Online Banking; or

iv) Xpax prepaid reload card.

For avoidance of doubt, non-Celcom Customer may purchase Xpax prepaid reload card to subscribe to this Service without having to subscribe to any Celcom's plans.

8.2 Celcom does not take any responsibility and assume no liability for any loss or damages to you arising from payment entered by you or wrong remittance by you in connection with the payment for the item(s) purchased. Celcom reserves the right to check whether you have duly authorized to use certain payment method and may suspend the transaction until such authorization is confirmed or cancel the relevant transaction where such confirmation is not available.

10. Cancellation, Return and Refund

10.1 You are not allowed to cancel, return or obtain refund for any successful transactions via the Service.

11. Exclusion of Liability

11.1 Celcom shall not be liable for any costs, loss or damages (whether direct or indirect), or for loss of revenue, loss of profits or any consequential loss whatsoever as a result of your usage of the Service or for whatsoever reason under the Terms and Conditions.

11.2 The content provided on the website and any other information provided in relation to the Service is provided on an “as is” and “as available” basis. Celcom disclaims all liability and makes no express or implied representation or warranties of any kind in relation to the Service including but not limited to:

i) availability, accessibility, timeliness and uninterrupted use of the Service; and

ii) sequence, accuracy, completeness, timeliness or the security of any data, content or information provided to you as part of the Service.

11.3 Celcom disclaims any and all the responsibility and liability from any loss and disruption caused by the malfunction of the mobile phone, viruses or contamination which is beyond the control of Celcom.

11.4 There will be no refund for any completed transaction including but not limited to game code purchase or any other transactions done via the Service.

12. Intellectual Property Rights

12.1 The information contained herein, on the websites and at the Service which include but not limited to texts, graphics, photos, sounds, video, software, interactive feature and trademark, service marks and logos shall be solely owned by Celcom and you undertake not to misuse any of the information contained herein, on the websites and at the Service.

12.2 Celcom reserves the right to terminate and revoke your account and activities in the Service if the you were to breach the provision in relation to intellectual property rights contained herein.

13. Governing Law & Jurisdiction

13.1 The Service and these Terms and Conditions shall be governed and construed in accordance with the laws of Malaysia and parties agree to submit to the exclusive jurisdiction of Malaysian courts.

13.2 Subject to the above, this Terms and Conditions is subject to the Communications and Multimedia Act 1998 and any applicable subsidiary legislation, rules, regulations, directives and/or orders.

14. Force Majeure

Neither party shall be responsible for its failure to perform due to causes beyond its reasonable control such as acts of God, fire, theft, war, riot, embargoes, medical emergencies or acts of civil or military authorities.

15. Indulgence and Waiver

Any failure by Celcom to enforce any terms herein, or any forbearance, delay or indulgence granted by Celcom to you will not be construed as waiver of Celcom’s rights provided under these Terms and Conditions.

16. Severability

If any provision of these Terms and Conditions, or portion thereof should be invalid, illegal or unenforceable under any applicable law, the legality and enforceability of the remaining provisions shall not be affected or impaired in any way and such invalid, illegal or unenforceable provision shall be deemed deleted.