Terms and Conditions

FOR KOLONY SERVICE

Description of Kolony Service (“Kolony”)

Kolony is Celcom’s short message system (SMS) based social networking service which consists of a multi-user environment, including software and websites which allows Celcom’s customers to connect and interact with each other.

Kolony is made available by Celcom Mobile Sdn Bhd (Company No. 27910-A) to all Celcom Customers who subscribe to Kolony (“you,your”) subject to these terms and conditions which shall form an integral part and to be read together with the terms and conditions of Celcom’s mobile service offered and relevant to the you in respect of Kolony and Celcom General Terms and Conditions (which include terms and conditions for Fair Usage Policy and the Privacy Statement) as posted on Celcom’s website at www.celcom.com.my.

In the event of a conflict or inconsistency between these terms and conditions, the terms and conditions of Celcom’s mobile service and Celcom’s General Terms and Conditions, such inconsistency shall be resolved by giving precedence in the following decreasing order (i) these terms and conditions (ii) terms and conditions of Celcom’s mobile service (iii) Celcom General Terms and Conditions.

These terms and conditions shall come into effect upon Celcom’s acceptance of your registration for Kolony which shall be signified when you are able to access Kolony. If these terms and conditions are not accepted in full, you shall immediately cease to access Kolony.

1. Definitions and Interpretation

In this terms and conditions, unless the context otherwise requires, the following expressions shall bear the following meanings:

“Account”	means the account created by you upon Registration for Kolony for the purpose of accessing Kolony;
“Content”	means any works of authorship, creative works, graphics, images, textures, photos, logos, sounds, music, video, audio, computer programs, applications, animations, gestures, test, objects, primitives, scripts, and interactive features;
“Intellectual Property Rights”	means copyrights, trademarks, service marks, publicity rights, database rights, patent rights, and other intellectual property rights or proprietary rights recognised by law;
“Mobile Account”	means your postpaid or prepaid mobile account used for the registration of Kolony;
“Software”	means the software provided to you by Celcom and/or its suppliers under license in connection with the Kolony, including but not limited to any other communication software, whether facilitating text-based, chat based, voice, audio or other communication, within or outside of Kolony environment, and any application program interfaces for use with Kolony;
“Servers”	refers to the online environment that supports Kolony, including but not limited to the server computation, electronic data storage, software access, messaging and protocols that simulate Kolony environment.
“User Content”	means any Content that you or user of Kolony has uploaded, published, or submitted to or through the Servers, websites, or other areas of Kolony.
“Websites”	refers to the websites and services available from the domains of and any related or successor domains from which Celcom may offer services.

2. Services provided under Kolony

2.1 Upon registration for Kolony, the following service shall be made available to you:

Service	Description of Service	Charge(s)
“DING”	Communicate one on one with your FRENs through a unique pop-up and fun message! Send KDING ‹nickname› ‹your message› to 25333.	10 KOINZ
“FREN”	Expand your Kolony network and get your FRENs’ BOMMs to follow their latest updates. Send KFREN ‹nickname› to 25333.	Nil
“BOMM”	Update ALL your FRENs in Kolony with your latest updates with just one BOMM. Send KBOMM ‹your message› to 25333.	10 KOINZ
“RECEIVE BOMM”	Get updates from your FRENs in Kolony via their BOMMs.	1 KOINZ for each receipt of BOMM
“POPP”	Share your thoughts with your FRENs on their BOMMs. Send KPOPP ‹nickname› ‹your message› to 25333.	10 KOINZ
“WHO”	Find out who are in KOLONY and FREN them to expand your network. Send KWHO to 25333.	Nil
“Help”	To guide you to have more fun in KOLONY, send KHELP to 25333 for the list of features and keywords.	Nil
“Check Balance”	To find out your KOINZ balance, send KBAL to 25333.	Nil
“Share KOINZ”	Share your KOINZ with your FRENs who run out of KOINZ. Send KSHARE ‹Koinz amount› ‹nickname› to 25333.	10 KOINZ for every transaction.
“KOINZ”	Koinz is the currency to be used by users to communicate on Kolony, to buy CMT, to buy content, and to utilise their Koinz on any services of Kolony which use Koinz as a currency.	In accordance with Clause 9 below
“STOP”	To exit and disconnect with your FRENs in KOLONY, send KSTOP to 25333. Your KOLONY account, including your KOINZ account, will be terminated.	Nil

3. Eligibility for Kolony

3.1 Kolony shall be made available to all Celcom Prepaid (Xpax, UOX, SOX, Blue and Sukses), Postpaid and Enterprise Customers who registers for Kolony pursuant to Clause 4 below subject to the following:

you represent that you are at least 13 years of age and you have the legal authority to enter into this terms and conditions;
if you are at least 13 years of age and less than 18 years of age, you represent that, your parent(s) or legal guardian has:
1. consented to you having a Kolony account, participating in Kolony and providing your personal information in connection to the services offered under Kolony; and
2. read and accepted these terms and conditions on your behalf.

4. Registration for Kolony

4.1 You may register for Kolony by typing KOLONY <your preferred nickname> and send it to 2333 (“Registration”)
4.2 You shall register your preferred nickname (“Nickname”) which may contain alphanumeric character of up to a maximum of twelve (12) characters only subject to Celcom’s approval.
4.3 Subject to Clause 4.2 above, you shall not select a Nickname that Celcom believes:

may cause deception or confusion;
may violate any trademark right, copyright, or other proprietary right
mislead other users regarding your identity or affiliation; or
any name that Celcom determines in its sole and absolute discretion to be vulgar, offensive, or otherwise inappropriate.

4.4 In the event that you fail to comply with Clause 4.3 above, Celcom reserves the right to delete or change your Nickname, and Celcom shall not be held liable for such deletion.
4.5 You shall be allowed to perform the Registration for one (1) nickname per mobile number.
4.6 Your registration to Kolony is linked to your Mobile Account. In the event that your Mobile Account is terminated, your access to and usage of Kolony shall be automatically terminated.
4.7 Upon successful Registration, you shall be entitled to use your Account.

5. Usage of Kolony

5.1 You shall be responsible for all activities conducted through your Nickname. In the event that fraud, illegality or other conduct that violates these terms and conditions is discovered or reported (whether by you or someone else) that is connected to your Nickname, Celcom may suspend or terminate your Nickname or Kolony account.

5.2 You may not transfer or assign your Kolony account and its contractual rights, licenses and obligations to any third party without the prior consent of Celcom.

5.3 You shall keep your personal information in Kolony (“Personal Information”) up to date by updating your details at www.kolony.com.my subject to the following:

you shall provide accurate and complete information as prescribed by the profile update form;
before updating your Personal Information, you are required to provide your mobile number and password;
once you have entered your password, you are responsible for maintaining the confidentiality of your password and Celcom shall not be liable for any harm resulting from your disclosure, or authorisation of the disclosure of your password or from any person’s use of your password to gain access to your web account or Nickname;
at no time should you respond to an online request for a password other than in connection with the log-on process to Kolony’s website. Your disclosure of your password to any other person shall be at your own risk.

5.4 You shall NOT:

post or transmit prohibited Content, including any Content that is illegal, malicious, discriminatory or violates any person’s rights;
post, display or transmit Content that violates any law, or rights of any third party including – the act of infringement to the Intellectual Property Rights;
impersonate any person or entity without their consent, or otherwise misrepresent your affiliation, or if you are an adult, impersonate a minor for the purpose of interacting with a minor using Kolony;
stalk, harass or engage in any sexual, suggestive, lewd, lascivious, or otherwise inappropriate conduct with minors in Kolony;
post, display or transmit any material, object or text that encourages, represents, or facilitates sexual “age play”, i.e. using child-like avatars in a sexualized manner;
post, display or transmit Content that is harmful, threatening or harassing, defamatory, libellous, false, inaccurate, misleading or invades another person’s privacy;
post, display or transmit Content that is obscene, hateful, or racially, ethnically or otherwise objectionable;
post, display or transmit any Content or conduct or host any activity that is explicitly sexual or intensely violent;
send or otherwise update unauthorised commercial communications (such as spam) in Kolony;
engage in unlawful multi-level marketing, such as pyramid scheme in Kolony;
upload viruses or other malicious code in Kolony;
bully, intimidate or harass any Kolony user;
send messages which are hateful, indecent, threatening or incites violence to Kolony users;
use your BOMM (status update) for your own commercial gain (such as selling your BOMM to an advertiser); or
use Kolony to do anything unlawful, misleading, malicious or discriminatory.

5.5 If you violate any of the terms in Clause 5.4 above, Celcom reserves the right to suspend or terminate you Kolony account with immediate effect without any refund or compensation.

5.6 You acknowledge that:

when you share information, content and pictures on Kolony Mobile and Website, you agree that:
1. you own all of the content, information and pictures which you share in Kolony; and
2. you retain all content, information and pictures you upload, publish and submit to or through Kolony and affirm, represent and warrant that you own or have the necessary licenses, consents, permissions to use such content, information and pictures.
when you update your BOMM, you are allowing all your FRENS to view your status;
you will be exposed to various conduct and Content of users which is beyond Celcom’s control and Celcom shall not be held responsible or liable for the quality, safety, legality, truthfulness or accuracy of any such user conduct or User Content;
that Celcom does not guarantee the accuracy of information submitted by any Kolony User, nor any identity information about any user;
your interactions with other users and your use of User Content is entirely at your own risk;
Celcom may exercise the right in its sole discretion to pre-screen, refuse, or delete any Content or services from Kolony or disable your access to Kolony without notice or liability to you or any other party, in the event that Celcom’s believes that such conduct, Content, services, or usage of Kolony is potentially illegal, threatening, or otherwise harmful to any user or other person or in violation of these terms and conditions, or other policies; and
you shall be solely responsible to ensure that your Mobile Terminal Equipment (“Equipment”) is compatible to provision Kolony. You shall continue to be liable to pay for any charges imposed for the provision of Kolony even if you are unable to use or view Kolony.

5.7 Should you use Kolony while on roaming in other countries, your usage of Kolony shall be charged in accordance with the

credited from your Prepaid account; or
reflected in your next postpaid bill.

6. Deregistration

6.1 You can stop using Kolony by sending KSTOP to shortcode 25333 (“Deregistration”) for free.

6.2 Upon successful Deregistration, you shall not be able to use Kolony with immediate effect.

6.3 Upon expiry of ninety (90) days from your Deregistration date, all your accumulated Koinz shall be forfeited and FREN shall be deleted and shall not be retrievable.

6.2 Upon successful Deregistration, you shall not be able to use Kolony with immediate effect.

6.3 Upon expiry of ninety (90) days from your Deregistration date, all your accumulated Koinz shall be forfeited and FREN shall be deleted and shall not be retrievable.

7. Re-registration

7.1 You may re-register with Kolony (“Re-registration”).within ninety (90) days from the date of your Deregistration (“Grace Period”).

7.2 Upon successful Re-registration, you shall receive the following from the Account of your initial Registration:

your Nickname;
accumulated Koinz; and
people whom you are FREN with.

7.3 You shall not be entitled to receive Kolony’s activation bonus of 500 free Koinz upon your Re-registration.

7.4 Upon expiry of the Grace Period, you may register for a new nickname and you shall be identified as a new Kolony member.

7.5 Subject to this Clause 7, Celcom reserves the right to impose charges in Koinz or monetary form which shall be deducted from your prepaid account or billed to your postpaid account for Re-registration without prior notice to you.

8. Koinz

8.1 Upon successful Registration, you shall be entitled to receive 500 Koinz for free (“Activation Bonus”).

8.2 You shall only be entitled to receive the Activation Bonus once for each Mobile Account.

8.3 Koinz shall not be used in exchange for cash, Airtime credit, Aircash or any token(s) in kind.

8.4 You may transfer your Koinz to another Kolony subscriber (“Transfer”) and you shall be charged 10 koinz for each Transfer which shall be deducted from your Account.

8.5 Celcom reserves the right to change or revise the Kolony Koinz structure and/or validity without prior notice to you.

9. Purchasing Koinz

9.1 You may purchase Koinz at the following charges (“Charges”): Koinz Denomination Charges

Koinz Denomination	Charges
RM0.30	10
RM0.60	20
RM1.50	50
RM3.00	100
RM15.00	500
RM30.00	1000

9.2 To purchase Koinz, you shall type KOINZ <Koinz amount>Kz and send it to 25333 (“Purchase”).

9.3 If you are a prepaid account holder, you shall ensure that you have sufficient credit balance to for the Purchase.

9.4 Upon successful Purchase, the respective Koinz denomination shall be credited into your Account.

9.5 The Charges for each successful Purchase, the Charges shall be:

deducted from your credit, if you are a prepaid account holder; or
reflected in your next bill, if you are a postpaid account holder.

9.6 Celcom shall not provide a refund in the event that you key in the wrong Koinz denomination for the Purchase.>

9.7 You shall not be allowed to Purchase Koinz for other Kolony users.

9.8 Prices displayed above do not include GST. For prepaid customers, 6% GST has been included upon purchase of reload. For postpaid customers, 6% GST will be charged in monthly bill. For direct payment 6% GST will displayed upon payment.

10. Reward for New Xpax, SOX and UOX Customers

10.1 If you are a new Xpax, SOX UOX, Celcom International plans’ customers, you shall be entitled to receive FREE Koinz for each chargeable call made (“Reward”) subject to the following:

Criteria	Reward
Every call made	10 Koinz for every call made

10.2 Subject to Clause 10.1 above, the Reward shall only be applicable for Chargeable Calls made by you. Celcom shall not provide the Reward to you if you subscribe to any unlimited bundle promotion and/or the use of FREE Talktime rewarded by Celcom.

10.3 The Reward shall be credited into your Account within twenty four (24) hours of your subscription to the Xpax, SOX or UOX plans. Celcom shall send a notification SMS to you of once the Reward has been successfully credited into your Account.

10.4 You may utilise the Reward for any of the Kolony service prescribed in Clause 2.1 above including but not limited to messaging and games.

10.5 The Reward shall not be used in exchange for cash, Airtime credit, Aircash or any token(s) in kind.

10.6 You may transfer the Reward to any other Kolony subscriber and you shall be charged 10 koinz for every Reward transfer.

11. Privacy and Personal Information

11.1 Celcom is committed to protect your privacy and will use only your information in a manner prescribed in Celcom’s Privacy Policy which is available at https://www.celcom.com.my/personal/policy and in line with the Personal Data Protection Act 201.

11.2 Subject to Clause 11.1 above, you understand and agree that through your usage of Kolony, you consent to the collection and use of your information provided to Celcom.

11.3 If you disagree to your information being used in the manner prescribed in Clause 11.2 above, you may terminate you usage of Kolony by sending KSTOP to 25333.

12. Kolony Availability

12.1 Celcom has the right to change and/or eliminate any aspect(s), features or functionality of Kolony as it sees fit at any time without notice, and Celcom makes no commitment, expressed or implied, to maintain or continue any aspect of Kolony.

12.2 Kolony shall be subject to scheduled and unscheduled service interruptions with or without prior notice to you which may result to loss of server data. You agree that Celcom shall not be liable for any interruption of Kolony (whether intentional or not).

12.3 Celcom does not ensure continuous, error-free, secure or virus-free operation of Kolony, the servers, or your Account, and you understand that you shall not be entitled to refunds or other compensation based on Celcom’s failure to provide any of the foregoing other than as explicitly provided in these terms and conditions

13. Proprietary Rights and Conditions

13.1 All right, title and interest including, but not limited to, copyright and other intellectual property rights in and to Kolony (including but not limited to all graphic/image and text files) are owned by Celcom. Such rights are protected by Malaysian copyright laws, other applicable copyright laws, and international treaty provisions. Celcom retains all rights not expressly granted herein.

13.2 You shall not redistribute, sell, decompile, reverse engineer, or disassemble Kolony. Kolony, including any modified or customised versions, cannot be resold, redistributed, or offered as a service without explicit written permission from Celcom. Celcom reserves the right to refuse permission to use this Application to any individual or company for any reason, and may do so without notice.

14. Return Policy

Kolony (including but not limited to all graphic/image, and text files) shall not be returned for a refund. Should you experience any technical problems with Kolony, Celcom offers support services to assist with any technical issues.

15. Installation

You shall make every attempt to safeguard your data and other files during installation, when upgrading, or when installing an update. Celcom shall not assume responsibility for loss of data or any other losses that result from installation, upgrading, or updating of Kolony.

16. Delivery of Kolony

If your download request is incomplete or incorrect or if for any reason whatsoever Celcom is unable to provide or deliver Kolony to the Equipment as requested, Celcom has the right to decline to provide Kolony without further notice to the you. Celcom shall not be liable in any way for failures, defects or delays in the delivery of Kolony for any reason whatsoever.

17. Termination and Suspension by Celcom

Celcom reserves the right to cancel, withdraw, terminate or suspend Kolony for any reason whatsoever at its sole discretion without notice to you. You agree that Celcom shall not be liable to you or to any other party for such cancellation, withdrawal, termination or suspension.

18. Indemnity

18.1 You shall indemnify Celcom, its related and affiliated corporations against each claim, action, proceeding, judgment, damage, loss, expense or liability incurred or suffered by, or brought, made or recovered against Celcom, its related and affiliated corporations in connection with any of you breach of these terms and conditions or in connection with the Kolony.

18.2 If anyone brings a claim against Celcom in relation to your actions, content or information on Kolony, you will indemnify and hold Celcom harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.

19. Limitation of Liability

To the maximum extent permitted by applicable laws, in no event shall Celcom, its related and affiliated corporations be liable to you or anyone else for any direct, indirect, special, exemplary, consequential damages, or any damages whatsoever including but not limited to loss of use, loss of revenue or profits, injury or lost or damaged data or other commercial or economic loss whether in action of contract, negligence or other tortuous action, arising out of or in connection with your access, use of, or your inability to access or use Kolony or the performance or non performance of Kolony, the software or related documentation even if. Your usage of Kolony is entirely at your own risk.

20. Disclaimer

Kolony is provided on an “AS IS” basis without any representation or warranties of any kind whether express or implied. Celcom, its related and affiliated corporations disclaim and exclude all warranties relating to the content, information, services relating to or in connection with Kolony including but not limited to, all warranties of merchantability, fitness for a particular purpose, title, non-infringement, compatibility, security and accuracy. You shall assume the entire risk as to the results and performance of Kolony and related documentation.

21. General Disclaimer

Celcom neither assumes nor accepts any liability for any loss, damage, theft, misuse, malfunction, etc. of the your hardware or data or anything else that you may own regardless of the cause or reason for any such misfortune. Celcom, it’s officers, and employees will not be liable for lost profits, loss of business or other consequential, special, indirect or punitive damages, even if advised of the possibility of such damages, or for any claim by any third party .

22. Miscellaneous

22.1 These policies, terms, and conditions may be subject to change without notice. You shall be responsible to periodically check these terms and conditions as posted on our website kolony.com.my. By continuing to access or use Kolony, you agree to be bound by the modified terms and conditions

22.2 No delay or failure by Celcom to take any action or to enforce or exercise any of its rights under these terms and conditions will operate as a waiver of such rights by Celcom, nor will such failure or delay in any way prejudice or affect Celcom’s rights at any time thereafter to act strictly in accordance with Celcom’s rights under these terms and conditions.

22.3 If any of these terms and conditions is held to be unenforceable, invalid or illegal for any reason, that provision shall be severed from these terms and conditions, save and except that the remaining provisions shall remain in full force and effect.

22.4 Celcom makes no representation that any aspect of Kolony is appropriate or available for use outside of Malaysia. If you access Kolony from other locations outside Malaysia, you shall be responsible to comply with the applicable local laws therein.

22.5 You may not assign these terms and conditions or your Kolony account without the prior written consent of Celcom. Celcom may assign these terms and conditions, in whole or in part, and all related rights, licenses, benefits and obligations, without restriction, including the right to sublicense any rights and licenses under these terms and conditions.