Terms & Conditions
TERMS AND CONDITIONS OF CONTRACT
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE YOU SIGN UP FOR GO LIGHTSPEED BROADBAND SERVICES. BY INDICATING YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS HEREIN YOU ARE DEEMED TO ACKNOWLEDGE AND AGREE TO BE BOUND BY ALL THE FOLLOWING TERMS AND CONDITIONS FOR THE USE OF GO LIGHTSPEED BROADBAND SERVICES PROVIDED BY GO LIGHTSPEED BROADBAND SDN BHD (379162 M). GO LIGHTSPEED RESERVES THE RIGHT TO UPDATE OR REVISE THE TERMS AND CONDITIONS FROM TIME TO TIME. NOTICE OF AMENDMENT MAY BE GIVEN BY GO LIGHTSPEED BROADBAND TO THE CUSTOMER IN SUCH A MANNER AS GO LIGHTSPEED BROADBAND DEEMS APPROPRIATE. COMMUNICATION IN THE ACCESS OR USE OF THE GO LIGHTSPEED BROADBAND SERVICE SIGNIFIES ACCEPTANCE OF THE CHANGES TO THE TERMS AND CONDITIONS WITH REGARD TO GO LIGHTSPEED BROADBAND SERVICE.
1. THE SERVICE
GO Lightspeed is a company which is involved, amongst others in the provision of multimedia products and services and is desirous at the request of the Customer to provide to the Customer. GO Lightspeed Broadband Service, which will allow the Customer the access to the internet on the terms and conditions set forth herein, as may be mended from time to time by GO Lightspeed Broadband (hereinafter referred to as ‘the Service').
2. DEFINITIONS
"Agreement" means the completed Application Form (and its attachment(s)) and the terms and conditions herein.
"Application Form" means the applications form to which these terms and conditions are attached requesting particulars from an applicant offering to become a customer (hereinafter defined) and furnishing the required and genuine information. Such application form and the terms and conditions shall form the agreement.
"Customer" means the individuals, sole proprietorship, partnership, company or entity specified in of the Application Form whose application for the Services has been accepted by GO Lightspeed Broadband and shall include his successors and permitted assigns and is synonymous with the term ‘subscriber' or ‘applicant' wherever used in other correspondence or documents.
"Leased Equipment" means the equipment leased by the Customer from GO Lightspeed Broadband for the provision of Services by GO Lightspeed Broadband to the Customer.
"Minimum Subscription Period" shall have the meaning as set out in Clause 3.
"Internet" means a global network of interconnected computer networks, each using the Transmission Control Protocol/Internet Protocol and/or such other standard network connection protocols as may be adopted from time to time, which is used to transmit content that is directly or indirectly delivered for display to an end user whether such content is delivered through on-line browsers, off-line browsers or through "push" technology, electronic mail, broadband distribution, satellite, wireless or otherwise.
"User Account" means the account under the name of the Customer in relation to the Service subscriber by the Customer.
"GO Lightspeed Broadband" means GO Lightspeed Broadband Sdn. Bhd. (379162 M) a company incorporated under the laws of Malaysia.
"Commencement Notice" means the date the Services are made available to the Customer as notified by GO Lightspeed Broadband to Customer.
"Services" means the high speed connectivity to the Internet using various technologies which may be upgraded or introduced from time to time as provided by GO Lightspeed Broadband to the Customer pursuant to the Agreement and any value added supplemental or additional features or services that may be provided by GO Lightspeed Broadband from time to time.
3. COMMENCEMENT OF SERVICE
The Service shall commence and this Agreement will become effective upon approval and execution by GO Lightspeed Broadband. The minimum subscription period for the Service is ONE year from the date of Commencement of Service.
Upon the expiry of the Minimum Subscription Period, the Agreement shall automatically extend for the subsequent months unless GO Lightspeed Broadband or the Customer gives at least one (1) months prior written notice to the other party of its intention not to renew the Agreement for the subsequent month(s).
4. APPLICATION FOR THE SERVICE
a. The Customer warrants that he has the legal capacity to enter into this Agreement and is not a minor.
b. If the Customer is a corporate body, the Customer hereby warrants that it has the required corporate authority to enter, execute and be bound by the Terms and Conditions of this Agreement.
c. The Customer is required to submit accurate, current and complete information of the Customer for the purpose of subscribing to the Service and the Customer hereby undertakes to update such information in the event of any changes thereto.
d. Supporting documents accompanying the Customer's application for subscription to the Service shall be required to be submitted to GO Lightspeed Broadband together with the Application Form. The required supporting documents are as follows:
For Malaysians:
- residential – a copy of the individual's identity card (both sides)
- sole proprietorship or partnership – a copy of either the Customer's business license, Form D, B or A.
- company – a copy of Form 9, Form 49 or Form 13.
For Foreigners:
- residential – a copy of the Customer's passport
- company – a copy of either Form 79, Form 80, Form 80A or Form 83.
5. FEES
a. The fees of the Service shall be at the applicable rate indicated in the Application Form or such rates as may be prescribed by GO Lightspeed Broadband from time to time.
b. Payment for the fees shall accrue from the commencement date. The commencement date shall be the date of the Service commences. The Customer shall be liable for and shall promptly pay on demand all charges, fees, costs, rentals or other amounts whatsoever as shown on the GO Lightspeed Broadband's bill notwithstanding that the Customer disputes the same for any reason(s) whatsoever.
c. In the event that the Customer terminates his account at any time before the end of the month of the Minimum Subscription Period, the customer shall be liable to pay to GO Lightspeed Broadband the full fees for the Service for the remainder of the said months of the Minimum Subscription Period, as the case may be and all charges and amounts outstanding as at the date of termination including accrued interests.
d. In the event of suspension or termination of the User Account at any time during the Minimum Subscription Period, except where such termination arises from GO Lightspeed Broadband's breach or fault or an event of Force Majeure, then the Customer shall be liable to pay all fees for the Service outstanding to GO Lightspeed Broadband from the date of such suspension or termination until the end of the Minimum Subscription Period.
e. In the event that GO Lightspeed Broadband's staff and/or authorized agents are called upon to attend to a fault at the Customer's premise, GO Lightspeed Broadband reserves the right to impose charges for the visit is the fault is not attributable to any of the Leased Equipment or network.
f. Any value added, additional or supplement services requested by the Customer and agreed to be provided by GO Lightspeed Broadband shall be separately charged by GO Lightspeed Broadband to the Customer.
6. PAYMENT
a. The Customer shall promptly pay to GO Lightspeed Broadband all charges and such other amount due and payable pursuant to the Agreement irrespective of whether a demand is made by GO Lightspeed Broadband and shall continue to be liable for any applicable charges during the period of interruption or loss of the Services from any cause whatsoever.
b. All payments due to GO Lightspeed Broadband under the Agreement shall be made in full, without deduction for any reason, including but not limited to, set-off, counterclaim or other equitable or lawful claim.
c. In the event that the amount stated in GO Lightspeed Broadband's bill or part there of remains unpaid after the due date, GO Lightspeed reserves the right to charge interest on the sum that remains unpaid as aforesaid at the rate to be specified in the GO Lightspeed Broadband's bill from the due date of full payment.
d. Save for the Minimum Subscription Period where the Service Charges is fixed for the duration of the Minimum Subscription Period, GO Lightspeed Broadband may at its sole discretion vary its charges from time to time by written notice to the Customer. All variations will take effect from the date specified in the notice and the Customer shall be bound to observe and comply with such variations. The Service Charges for the Minimum Subscription Period shall be as specified at GO Lightspeed Broadband's Website on the date of submission by the Customer the Application Form to GO Lightspeed Broadband.
e. The billing date will commence from the date the Service is rendered to the Customer.
f. The Customer hereby acknowledges that non-receipt of Statement of Account, bill or any correspondence in relation to the Service subscribed shall not be a valid reason to hold back or delay any outstanding payment for the Service.
7. ALTERATION/MODIFICATION
Any alteration to the Service configuration, and/or relocation of the Service based on the Customer's request is chargeable to the Customer at a rate to be specified by GO Lightspeed Broadband from time to time.
8. CHANGE OF SERVICE PACKAGE PLAN
Requests by the Customer to upgrade the Customer's Service rate plan are subject to GO Lightspeed Broadband's consent. The Customer hereby agrees to pay for all and any charges incidental to such request.
9. CUSTOMER'S RESPONSIBILITIES
The Customer shall not:
- send or disclose Log-on Details to any person other than GO Lightspeed Broadband;
- store Log-on Details in any form, whether coded or unencoded, in a location where they are capable of being read by anybody other than the Customer;
- share the Service with any person without the prior written consent of GO Lightspeed Broadband.
The Customer shall:
- use the Service only for the purpose for which it is subscribed;
- at all times use only his own Log-on Details for accessing the Services;
- be responsible for the secure storage of Log-on Details, including without limitation changing the Customer's passwords from time to time and shall not reveal the same to any other person;
- be responsible for all usage of, and charges for, the Services;
- ensure the Customer's readiness for installation of the Service on the appointment date as provided in Clause 13 herein;
- comply with all notices or instruction given by GO Lightspeed Broadband from time to time in relation to the use of the Service;
- be responsible for obtaining, at the Customer's own cost, all licenses, permits, consents, approvals and intellectual property or other rights as may be required for using the Service;
- comply with the rules of any network to which the Customer has access through the Service;
- conform to Internet etiquette that is required by electronic forums;
- obtain GO Lightspeed Broadband's prior consent before making any changes to the Network configuration and interconnecting the private network to any public network;
- comply with and adhere to the terms and conditions of this Agreement;
- comply with and not contravene with any and all applicable laws of Malaysia relating to the Service, including without limitation Communication and Multimedia Act 1998 and its subsidiary legislation, other acts, statutes, by-laws, rules and regulations issued by relevant government and regulatory agencies, which may be amended from time to time;
- be responsible to maintain the Equipment leased from GO Lightspeed Broadband in good condition. In the event the Equipment is found to be defective due to the Customer's negligence, the Customer will have to bear the cost of the Equipment according to its depreciated value which will be determined by GO Lightspeed Broadband;
- to resell or sublet or transfer the Services and/or the Equipment or otherwise provide the Services and/or Equipment to anyone without the prior consent of GO Lightspeed Broadband. It is the responsibility of the Customer to inform GO Lightspeed Broadband of the intention to transfer or sell the Service and/or Equipment to a third party prior to the transfer or sale of the same.
10. PROHIBITED USE
The Customer shall not use the Services:
- to send unsolicited or unwelcome or bulk electronic mail messages of any kind to anyone or otherwise cause excessive or disproportionate load on the Services or the GO Lightspeed Broadband Network;
- to gain unauthorised access to any computer system connected to the Internet or any information regarded as private by other person;
- for any unlawful purposes such as, but not limited to vice, gambling or other criminal purposes whatsoever or for sending to or receiving from any person or displaying any message or posting which is offensive on moral, religious, communal or political grounds, or is abusive or of an indecent, obscene or menacing character.
- for any purpose which is against public interest, public order or national harmony;
- to send or receive any message which is offensive on moral, religious, racial or political grounds or of any anxiety to any person;
- to publish defamatory, infringing, obscene or other unlawful material;
- in connection with the infringement of the copyright, patent, trademark, trade secret or other proprietary rights of any third party or rights of publicity or privacy;
- interfere with, damage, disrupt or unlawfully use or gain access to any service, equipment or computer network without authorisation by the owner of the said service, equipment or computer network;
- in violation of any laws relating to unfair competition, anti-discrimination or false advertising;
- that result in distribution of viruses, trojan horses, worms, time bombs, cancelbots, or other similar harmful or deleterious programming routines;
- in any manner, which in the opinion of GO Lightspeed Broadband may adversely affect the use of the Service by other Customers or efficiency or security as a whole.
11. SECURITY AND OTHER FEATURES
a. The Customer shall take all precautions necessary to protect the Equipment, Customer Equipment, system and data.
b. The Customer shall inform GO Lightspeed Broadband immediately (within 24 hours) if the account or Log-on Detail is stolen or lost. Prior to such a report being lodged with GO Lightspeed Broadband, the Customer shall remain responsible for all transactions and access using the account and/or Log-on Detail by any third party. GO Lightspeed Broadband shall not be held liable or responsible for any prohibited and/or unauthorised use of the Service as provided in this Agreement.
c. The Customer acknowledges that GO Lightspeed Broadband shall not be liable for the security of the Customer's data on any of the Customer Equipment or passing over the Services or the GO Lightspeed Broadband Network and that GO Lightspeed Broadband shall have no obligation to ensure, and makes no representations or warranties concerning the security of such data. The Customer shall be solely responsible for the data retrieved, stored or transmitted through the Services or the GO Lightspeed Broadband Network.
d. The Customer agrees that GO Lightspeed Broadband shall not liable for any unauthorised access to the Customer's data even where the access occurs as a result of a fault in the GO Lightspeed Broadband Network or any other equipment or software owned, operated or supplied by GO Lightspeed Broadband.
12. LEASED EQUIPMENT
In connection with any Leased Equipment that may be provided by GO Lightspeed Broadband for use of the Service the Customer shall:
- take appropriate measures to safeguard the Leased Equipment;
- properly maintain and keep the Leased Equipment at a safe place;
- adhere to all instructions and notice (written or otherwise) given by GO Lightspeed Broadband from time to time regarding the use of such Leased Equipment;
- be responsible for all costs of repairs incurred in relation to the Leased Equipment in the event it is proven that any fault in such Leased Equipment whether by act or omission is caused by the Customer;
- return and surrender the Leased Equipment to GO Lightspeed Broadband in the same condition as and when it was first provided to the Customer, normal wear and tear excepted, upon termination of the Service;
- be liable to pay GO Lightspeed Broadband for any Leased Equipment which the Customer fails to return or surrender to GO Lightspeed Broadband upon termination of the Service;
- not hold GO Lightspeed Broadband liable in the event that the Customer's own equipment and/or other devices is damage due to including but not limited to floods, fire and lightning strike whilst using the Leased Equipment; and
- not hold GO Lightspeed Broadband liable or responsible in the event that GO Lightspeed Broadband is unable to replace or change the Leased Equipment to a similar model or type as the Customer's existing Leased Equipment and GO Lightspeed Broadband reserves the right to replace the Leased Equipment to any model or type available at the relevant time, at GO Lightspeed Broadband's sole discretion.
13. CUSTOMER'S EQUIPMENT INSTALLATION
a. The Customer shall prepare all applicable Customer's equipment at the Installation Address herein and/or any other specifications GO Lightspeed Broadband may provide to the Customer in relation to the Service. The Customer shall further ensure that the said Customer's equipment are in good condition and has proper set-up for purposes of installation of additional configuration and installation of software to the said Customer's equipment by GO Lightspeed Broadband.
b. The installation of the configuration and software for the Customer's equipment can be conducted by the Customer themselves as per GO Lightspeed Broadband's guidelines. The Customer acknowledges that such installation shall be at the Customer's own risk.
c. In the event that the Customer's premise is located at the high rise building that need the approval of the developer or the building management corporation or the building owner for the installation of the Service, as the case may be, the Customer shall ensure that he has obtained such consent to enable GO Lightspeed Broadband and/or its appointed contractor to do the installation without any disruption.
d. GO Lightspeed Broadband 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 any installation and/or configuration where such task is conducted by the Customer.
e. GO Lightspeed Broadband and/or its appointed contractor shall not be liable or responsible for any technical problem, loss, interruption or unavailability of the Service, or other loss or damage suffered by the Customer which arises from or is caused by the Customer's equipment, whether connected to GO Lightspeed Broadband's equipment or otherwise.
f. In the event the Customer requests for GO Lightspeed Broadband's appointed contractor to conduct further technical investigation for the purpose of identifying and/or rectifying any problem arising from the Customer's equipment and GO Lightspeed's appointed contractor agrees to render such assistance, GO Lightspeed Broadband will not be involved or responsible for any fees or charges for such additional support services which GO Lightspeed Broadband's appointed contractor may impose on the Customer. GO Lightspeed Broadband shall not be liable or responsible for any loss or damage suffered by the Customer howsoever caused, whether negligent or otherwise arising out of the provision of additional support services to the Customer and/or in relation to the Customer's equipment by any appointed contractor.
14. LAWFUL PURPOSE
The Customer shall only use the Service for lawful purposes. Transmission of any material in violation of any international, federal, state or local laws or regulations is prohibited. These include, but shall not be limited to copyrighted material, material legally judged to be threatening or obscene, pornographic, profane, or material protected by trade secrets. These also include links or any connection to such materials.
15. SUSPENSION OF SERVICE
a. Without prejudice to any other rights or remedies and notwithstanding any waiver by GO Lightspeed Broadband of any previous breach by the Customer, GO Lightspeed Broadband may suspend the Service for a period determined by GO Lightspeed Broadband in its sole discretion in the event that:
(i) any fee and/or payment due hereunder for the Service provided is not settled in full on due payment date;
(ii) in the event the Customer fails to comply with the terms of this Agreement;
(iii) any scheduled or unscheduled outages occur which cause interruption to the Service, including but not limited to maintenance of GO Lightspeed Broadband's equipment or systems.
b. In the event of any suspension of the Service by GO Lightspeed Broadband in accordance with Clause 15a (i) and Clause 15a (ii) hereof, GO Lightspeed Broadband 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 this Agreement shall continue in effect as if the Service had not been suspended. GO Lightspeed Broadband shall have the right to impose on the Customer a reconnection fee at a rate as specified by GO Lightspeed Broadband from time to time.
c. For the avoidance of doubt, the abovementioned suspension exercise shall not prejudice the right of GO Lightspeed Broadband to continuously bill the Customer for the subscription fees and/or recover all other charges, costs, and interests due and any other incidental charges incurred during the period of suspension. In the event of non-payment by the Customer and subsequent suspension of the Customer's Service by GO Lightspeed Broadband, the Customer will still be liable to pay the fees for the Service during the period of suspension. Further where the Customer defaults in payment, GO Lightspeed Broadband may at its discretion charge the Customer a reactivation fee for the Service prescribed by GO Lightspeed Broadband from time to time.
16. CHANGE OF CUSTOMER'S DETAILS
The Customer undertakes to inform GO Lightspeed Broadband of any change of the Customer's information provided earlier to GO Lightspeed Broadband within fourteen (14) days of such changes. Failure by the Customer to notify GO Lightspeed Broadband of such changes shall be a waiver of the Customer's right including the right to be notified under this Agreement as the case may be.
17. TERMINATION
a. Without prejudice to any other rights or remedies of the parties under this Agreement or at law, either party may terminate this Agreement, in the event:
(i) the other breaches any term, condition, undertaking or warranty under this Agreement and such breach shall remain unremedied for a period of thirty (30) days after receipt of the written request to remedy the same;
(ii) the other becomes bankrupt or enters into any composition or arrangement with or for the benefit of creditors or either party or allow any judgment against either party to remain unsatisfied for the period of twenty-one (21) days; or,
(iii) any event of Force Majeure occurs as specified in Clause 31 hereof, which continues for a period of more than sixty (60) days.
b. Without prejudice to any other rights or remedies of GO Lightspeed Broadband under this Agreement or at law, GO Lightspeed Broadband may terminate this Agreement by giving the Customer fourteen (14) days notice, in writing, if the Customer:
(i) fails to comply with GO Lightspeed Broadband's policy(ies) and/or instruction(s) communicated to the Customer, in writing; or,
(ii) 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.
c. Notwithstanding the above, TM may terminate the Service under this Agreement immediately, without penalty, if:
(i) the Customer fails to make payment of fees, Charges and/or any sum due to GO Lightspeed Broadband within the stipulated time. Notwithstanding the termination by GO Lightspeed Broadband, the Customer shall remains liable for all fees due and owing to GO Lightspeed Broadband during the Minimum Subscription Period.
(iii) the Customer fails to comply with the terms of this Agreement, and GO Lightspeed Broadband, in its sole discretion is of the opinion that such breach shall not be tolerated and shall not fall under provision of Clause 20a (i) above; and/or,
the Customer provided false or incomplete information to GO Lightspeed Broadband.
d. Such termination, as hereinbefore mentioned in Clauses 20b and 20c, shall not prejudice the right of GO Lightspeed Broadband to recover all charges, costs, and interests due and any other incidental damages incurred thereto.
e. Subject to Clause 3 aforementioned, this Agreement may be terminated by the Customer upon 1 month written notice from the account billing date as specified by GO Lightspeed Broadband to GO Lightspeed Broadband.
f. Subject to Clause 3 aforementioned, this Agreement may be terminated by GO Lightspeed Broadband upon thirty (30) days written notice to the Customer.
g. Upon termination of the Service or the Agreement, all monies owing by the Customer to GO Lightspeed Broadband shall immediately become due and payable and the Customer shall upon demand by GO Lightspeed Broadband settle all amounts within the time stipulated by such demand. The Customer shall forthwith return the Leased Equipment (if any) to GO Lightspeed Broadband in a good condition (fair wear and tear excepted). GO Lightspeed Broadband is not liable for any costs incurred for the return of the Leased Equipment by the Customer to GO Lightspeed Bradband.
h. Any fee and/or charge paid by the Customer to GO Lightspeed Broadband pursuant to this Agreement shall not be refundable upon termination of the Service by the Customer.
i. GO Lightspeed Broadband shall not be liable to the Customer for any claim for damages or costs of any nature whatsoever arising out of discontinuance of the Service or termination or expiration of this Agreement in accordance with its term including but not limited to any claim for loss of profits or prospective profits or for anticipated loss.
18. INDEMNITY
a. The Customer undertakes and agrees to indemnify, save and hold harmless GO Lightspeed Broadband 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 GO Lightspeed Broadband may sustain, incur or pay, or as the case may be, which may be brought or established against GO Lightspeed Broadband 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 this Agreement and which are attributable to the act, omission or neglect of the Customer, his servants or agents.
b. GO Lightspeed Broadband shall use its best endeavors 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 GO Lightspeed Broadband. Notwithstanding the aforementioned, the extent of GO Lightspeed Broadband's liability shall be limited to correcting the failure of the Service only.
19. DISCLAIMER
a. The Service is provided on an "as is" basis. GO Lightspeed Broadband makes no warranty of any kind, either expressed or implied, and expressly disclaims all implied warranties, including, but not limited to warranties of accuracy of the Service and/or the Leased Equipment for a particular purpose of the Customer.
b. GO Lightspeed Broadband shall not be liable to the Customer 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 the Customer's failure or inability to use such Leased Equipment provided by GO Lightspeed Broadband hereunder. GO Lightspeed Broadband's liability (if any) is limited to restore and if necessary to replace the Leased Equipment if GO Lightspeed Broadband decides that the Leased Equipment is not in working conditions or faulty not due to the Customer's act or omission.
c. GO Lightspeed Broadband shall not be liable in the event that the Customer's own equipment and/or other devices is damage due to Force Majeure Event including but not limited to floods, fire and lightning strike while using the Service. GO Lightpseed Broadband's liability (if any) during installation and/or restoration of any reported faulty of the Leased Equipment shall not cover the wiring or cabling connecting the Leased Equipment or the Customer's equipment and the building management corporation or the building owner power house.
d. GO Lightspeed Broadband shall not be liable to the Customer for any loss or any damages sustained by reason of any disclosure, inadvertent or otherwise in any information concerning the User Account particulars.
e. While every care is taken by GO Lightspeed Broadband in the provision of the Service, GO Lightspeed Broadband 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.
f. The Customer shall be solely responsible, and GO Lightspeed Broadband 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.
20. COMPLIANCE WITH THE APPLICABLE LAWS
The Customer shall comply with and not to contravene any and all applicable laws and regulations of Malaysia relating to the Service or otherwise, including but not limited to Communication and Multimedia Act 1998 and its subsidiary legislation, other Acts of Parliament, local by- laws, rules and regulations issued by relevant government bodies and/or authorities.
21. CONFIDENTIAL INFORMATION
Except with the prior written consent of GO Lightspeed Broadband, the Customer shall not at any time communicate to any person any confidential information disclosed to him for the purpose of the provision of the Service or discovered by him in any course of the provision and the performance of the Service.
22. ASSIGNMENT
The Customer shall not assign any of his rights or obligations under this Agreement to any other person whomsoever except with the prior approval of GO Lightspeed Broadband. GO Lightspeed Broadband may assign or notate this Agreement or any part thereof to any body corporate which is the parent company, subsidiary or related company of GO Lightspeed Broadband and consent for the abovementioned is hereby given by the customer.
23. BINDING ON SUCCESSOR
The terms and conditions are binding upon the successor, executors, administrators, personal representative and assign of the Customer and upon the substitute and assigns of GO Lightspeed Broadband.
24. FORCE MAJEURE
Neither party shall be liable for any breach of this Agreement arising from cause beyond its control including but not limited to Acts of God, insurrection of civil disorder war or military operations, national or local emergency, acts or omissions of government, highway authority or other competent authority, industrial disputes of any kind (whether or not involving either party's employees), fire, lightning, explosion, flood, subsidence, inclement weather, acts or omissions of persons or bodies for whom neither party is responsible or any other cause whether similar or dissimilar outside either party's control. The parties hereby agree that either party may terminate this Agreement, by giving fourteen (14) days notice to the other party, in the event that the Force Majeure event which has occurred prevents either party from performing and/or continuing its obligations for more than a period of sixty (60) days.
25. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the laws of Malaysia.
26. SERVICE RESTRICTIONS
The Customers is not allowed to sell the Leased Equipment to another interested party. It is the Customer's responsibility to notify GO Lightspeed Broadband on the termination on transfer of the Service to a third party prior to any transfer or termination.
27. VARIATION
GO Lightspeed Broadband reserves the right to amend the terms and conditions herein contained and/or the specific terms at any time and the Customer shall be bound by the amended terms and conditions. Notice of the amendment may be given by GO Lightspeed Broadband to the Customer in such manner as GO Lightspeed Broadband deems appropriate.
28. SEVERABILITY
If any provision herein contained should be invalid, illegal or unenforceable under any applicable law, such provision shall be fully severable and this Agreement shall be construed as if such illegal or invalid provision had never comprised a part of this Agreement and the legality and enforceability of the remaining provisions of this Agreement shall not be affected or impaired in any way.
29. INDULGENCE AND WAIVER
a. No delay or indulgence by GO Lightspeed Broadband in enforcing any term or condition of this Agreement or granting of time by GO Lightspeed Broadband to the Customer shall prejudice the rights or powers of GO Lightspeed Broadband under this Agreement or at law.
b. Failure by GO Lightspeed Broadband to exercise any part or all of its rights under the terms and conditions of this Agreement or any partial exercise shall not act as a waiver of such right nor shall any waiver by GO Lightspeed Broadband of any breach constitute a continuing waiver in respect of any subsequent or continuing breach.
30. NOTICE
All notices, requests or other communications required or permitted to be given or made hereunder shall be in writing and delivered either by hand, or sent by prepaid registered post or legible telefax addressed to the Party at his address set out in the application form for the Service or to such other address or facsimile number as any Party may from time to time duly notify to the other Party. Such notices, requests or other communications shall be deemed to have been given by facsimile immediately after transmission thereof or if sent by post, forty-eight (48) hours after posting.
31. CUSTOMER'S ACKNOWLEDGEMENT
The Customer acknowledges that:
- he 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 GO Lightspeed Broadband accepting the application;
- the details and documents provided to GO Lightspeed Broadband together with the Application Form are true, genuine and contain the latest information and allows GO Lightspeed Broadband to conduct independent verification of the same with any organization or body;
- Notwithstanding the above, GO Lightspeed Broadband reserves the right to reject the application or require the Customer to furnish further details or documents as GO Lightspeed Broadband deems fit and necessary without assigning any reason whatsoever.
The Customer further acknowledges and agrees that:
- It is GO Lightspeed Broadband's policy to use the Customer's data and personal information acquired through the registration process or through the Customer's use of GO Lightspeed Broadband's products and services for its business purposes.
- GO Lightspeed Broadband may use the Customer's personal information for the internal purposes of customising advertisements and content on the website(s) and GO Lightspeed Broadband's partner sites, providing information to the Customer of other products and services available from GO Lightspeed Broadband and its affiliate, processing and fulfilling Customer request for products and services, responding to Customer enquiries, conducting research for improvement of the Service and statistical analysis and the general operation and maintenance of the Service and its related website(s).
- GO Lightspeed Broadband will disclose the Customer's personal information if required to do so by law or in good faith, if such action is necessary to:
comply with any law enforcement agency, court orders or legal process; and/or
protect and defend the rights or property of GO Lightspeed Broadband and its users.
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