1. Personal Information
The only personal information we will collect is the personal information provided to us by you when you register. You can, at any time during the provision of the service, view the personal information we are holding about you by going to the 'view or amend profile' page of our site and submitting a request to view your personal details we have on our records.
2. Use of Personal Information
Any personal information you provide to us will only be used for the purposes for which you have provided it, and will only be used by us, other members of Smart group of companies or third parties operating and delivering the SMS Alert service on our behalf, or otherwise assisting us with this service. Your personal information will be transferred to and held on our web server in Malaysia. It will only be used and held by us, or on our behalf, until you delete your details (as explained in section 5 below). After termination or expiry of the service, for whatever reason, we will retain non-identifying records of the use of the service, so that we can ascertain how much use was made of it, and in which countries.
Except as explained in 2 above, we will not pass any of your personal information to any third party without your consent. However, we may from time to time make non-identifying statistical information available to third parties or at the request of authorities.
5. Removal from our Database
You may at any time remove your personal details from our database, or amend or correct those details. Simply go to the 'view or amend profile' page of our site and submit a request to delete your personal details from our records and discontinue use of the service. If you remove your details altogether, we will no longer be able to provide the SMS Alert service to you, and so our agreement to do this will terminate.
6. Under 18s
II. WEB USAGE TERMS & CONDITIONS
Please read these Terms and Conditions carefully. These are the general Terms and Conditions governing your access and use of Smart's Website. If you do not agree with them, you should not proceed any further on the Website or with registration. By continuing to use the Website and/or any of the services shown on the Website, you agree to be bound by these Terms and Conditions.
- "Access Information" means the access information that we require from you before entering certain parts of the Website for which you have registered, which may be a username, password, your mobile phone number or other or similar recognition device;
- "Content" means all data, information, material and content, including but not limited to text, pictures, photographs, software, video, music, sound and graphics;
- "Functionalities" means the services offered on or via the Website, which may include (but is not limited to) chat, discussion group or bulletin board services or email, SMS or voice messaging services, online transactions, search engines and e-commerce facilitators;
- "Services" has the meaning given to it in Clause 2.1;
- "Terms and Conditions" means the contract between Smart and you incorporating these terms and conditions;
- "Trade Marks" means the word or marks belongs to Smart including stylized representations, all associated logos and symbols, and combinations of the foregoing with another word or mark;
- "Smart" means Smart Axiata Co., Ltd., whose registered office is at and may also be referred to as "we" or "us" in these Terms and Conditions; at No. 464A, Preah Monivong Blvd, Sangkat Tonle Bassac, Phnom Penh, Cambodia;
- "Smart Network" means the telecommunications system (including fixed line, cellular radio, internet and website) operated by Smart;
- "You" means the customer that enters into these Terms and Conditions (and "your" shall be construed accordingly).
Clause 1. Customer care
1.1. If you have a general enquiry about Smart's products and services, you can contact Smart Call Center at 888 or 010 200 888. Calls will be charged at standard rate from any other phone.
Clause 2. Use of content
2.1. The services that we are providing to you via the Website consist of the Content and the Functionalities available on the Website or otherwise provided to you as a result of your use of the Website ("the Services").
2.2. You acknowledge and agree that you are only permitted to use the Website and the Services as expressly set out in these Terms and Conditions or on the Website.
2.3. You agree that the Website and the Services are for your own personal use only on a single computer or device.
2.4 You may not
- copy, disclose, modify, reformat, display, distribute, license, transmit, sell, perform, publish, transfer or otherwise make available any of the Services or any information learned by you whilst using the Services or accessing the Website
- remove, change or obscure in any way anything on the Website and/or the Services or otherwise use any material obtained whilst using the Website and/or the Services except as set out in these Terms and Conditions
- reverse engineer or decompile (whether in whole or in part) any software used in the Website and/or the Services (except to the extent expressly permitted by applicable law)
- copy or use any material from the Website and/or the Services for any commercial purpose, remove, obscure or change any copyright, trade mark or other intellectual property right notices contained in the original material or from any material copied or printed off from the Website or obtained as a result of the Services.
2.5. Any use of caching, http accelerators such as or similar technology is permitted, however, you have the responsibility of ensuring you are viewing the most recent version of the web-page or content.
2.6. You may establish a link or "deep link" to the Website from your site, provided that you have obtained Smart's prior written consent and that in Smart's sole discretion, the context is relevant and the link or its description is not detrimental to Smart.
2.7. Users that are not subscribers to Smart Network acknowledge that access to the Website and/or the Services may be restricted at the sole discretion of Smart in the interest of fully subscribed customers of the Smart Network.
Clause 3. Your obligations
3.1. You warrant that you will only use the Website and the Services in accordance with these Terms and Conditions and in an appropriate and lawful manner and by way of example and not as a limitation that you shall not (and shall not authorize or permit any other party to):
3.1.1. receive, access or transmit any Content which is obscene, pornographic, threatening, racist, menacing, offensive, defamatory, in breach of confidence, in breach of any intellectual property right (including copyright) or otherwise objectionable or unlawful;
3.1.2. circumvent user authentication or security of any host, network or account (referred to as "cracking" or "hacking") nor interfere with service to any user, host or network (referred to as "denial of service attacks") nor copy any pages or register identical keywords with search engines to mislead other users into thinking that they are reading Smart's legitimate web pages (referred to as "page-jacking") or use the Website or the Services for any other unlawful or objectionable conduct. Users who violate systems or network security may incur criminal or civil liability and Smart will at its absolute discretion fully co-operate with investigations of suspected criminal violations, violation of systems or network security under the leadership of law enforcement or relevant authorities;
3.1.3. use the Website and/or the Services to advertise or offer to sell any goods or services for any commercial purpose without Smart's written consent;
3.1.4. knowingly or recklessly transmit any electronic Content (including viruses) through the Website and/or the Services which shall cause or is likely to cause detriment or harm, in any degree, to computer systems owned by Smart or other Internet users;
3.1.5. hack into, make excessive traffic demands, deliver or forward chain letters, "junk mail" or "spam" of any kind, surveys, contests, pyramid schemes or otherwise engage in any other behavior intended to inhibit other users from using and enjoying the Website and/or the Services or any other web site, or which is otherwise likely to damage or destroy Smart's reputation or the reputation of any third party.
3.2. You acknowledge that chat, discussion group or bulletin board services and similar services offered by Smart ("Public Communication Services") are public communications and your communications may be available to others and consequently you should be cautious when disclosing personal or sensitive information or any information which may identify you. Smart is not responsible for, and does not control or endorse any Content of any Public Communication Services.
3.3. If any information provided by you is untrue, inaccurate, not current or incomplete, Smart has the right to terminate your account and refuse any and all current or future use of the Services or access to the Website.
Clause 4. Access information
4.1. Following registration you may be issued with Access Information that may be used to access the Website and/or the Services and any pages for which registration is required. Smart reserves the right to change your Access Information at any time at its sole discretion and shall notify you of this change as soon as reasonably practicable.
4.2. Your account is to be used by a single user only and you will not allow simultaneous access using the same Access Information. You acknowledge that you are responsible for ensuring that no unauthorized access to the Website and the Services is obtained using your Access Information and that you are liable for all such activities conducted through your account whether authorized or not. When choosing Access Information, you must not use words that are obscene, abusive or likely to cause offence.
4.3. You as the registered user of the account will:
4.3.1. keep your Access Information secure and not let it become public knowledge and ensure that your Access Information will not be stored anywhere on a computer or your mobile phone in plain text;
4.3.2. provide true, accurate, current and complete information in all fields indicated as compulsory when registering on the Website and/or the Services and notify us immediately of any changes or mistakes;
4.3.3. if your Access Information becomes known to any other unauthorized user you must inform Smart immediately.
4.4. Once you have 'signed-in' to any secure areas of the web-site, where you are requested to provide your Access Information, you must not at any time leave the Internet terminal or device from which you have accessed the Website and the Services or let anyone else use the Internet terminal or device until you have logged out of the secure area of the Website and the Services. You will be responsible for ensuring that you have logged out of the secure area at the end of any session.
4.5. You must not access the Website and the Services from any computer connected to a local area network (LAN) or any public Internet access device or access point without first making sure that no-one else will be able to observe or copy your access or get access to the Website and the Services pretending to be you.
4.6. You agree to check your bills carefully and inform us immediately of any discrepancy.
Clause 5. Your information
Clause 6. Proprietary Rights
6.1. All Trade Marks used on the Website and/or the Services are the trade marks of Smart or one of the Smart group companies. You shall only make fair use of the Trade Marks and will not use the Trade Marks, whether design or word marks: (1) as or as part of your own trade marks; (2) in a manner which is likely to cause confusion; (3) to identify products to which they do not relate; (4) to imply endorsement or otherwise of products or services to which they do not relate; or (5) in any manner which does or may cause damage to the reputation of Smart or the Trade Marks.
6.2. You acknowledge and agree that the Services and the Website or any part thereof, whether presented to you by Smart, advertisers or any third party are protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. All rights are expressly reserved.
6.3. You are only allowed to use the Website and the Services as set out in these Terms and Conditions and nothing on the Website and/or the Services shall be construed as conferring any license or other transfer of rights to you of any intellectual property or other proprietary rights of Smart, any member of Smart group or any third party, whether by estoppel, implication or otherwise.
Clause 7. Costs
7.1 Smart reserves the right to charge for access to part or all of the Website in the future, subject to giving you clear notice when entering any part to which charges apply. Some Services may be chargeable as indicated on the Website and in any accompanying terms and conditions.
7.2. You will need to provide all equipment necessary to access the Website and the Services on the Internet and be liable for payment for your local telephone call charges at the rates published by the telephone operator with whom you make your local calls or any other Internet access charges to which you may be subject. If your equipment does not support relevant technology including but not limited to encryption you may not be able to use certain Services or access certain information on the Website.
Clause 8. Liability for Content
8.1. It is your sole responsibility to satisfy yourself prior to using the Website and the Services in any way that they are suitable for your purposes and up to date. The Services and in particular, prices are periodically updated and you should check the Website and the Services regularly to ensure that you have the latest information. You should also refresh your browser each time you visit the Website and the Services to ensure that you download the most up to date version of the Website and the Services.
8.2. The Website and the Services are provided on an "as is" basis. Although every effort has been made to provide accurate information on these pages, neither Smart, nor any of its employees, nor any member of Smart group, their suppliers, nor any of their employees, make any warranty, expressed or implied, or assume any legal liability (to the extent permitted by law) or responsibility for the suitability, reliability, timeliness, accuracy or completeness of the Services or any part thereof contained on the Website or in the Services.
8.3. You acknowledge that Smart is unable to exercise control over the security or subject matter of Content passing over the Smart Network, the Website or via the Services and Smart hereby excludes all liability of any kind for the transmission or reception of infringing Content of whatever nature.
Clause 9. Liability for Third Party Content
9.1. The Website contains links to web website, web pages, products and services also operated by Smart or Smart group and you agree that your use of each web site, web page and service is also subject to the terms and conditions, if any, contained within each website or webpage or attached to any products or services. These Terms and Conditions shall be deemed to be incorporated into each set of terms and conditions. In the event that there is any conflict, the terms and conditions contained within the relevant website or webpage or attached to the relevant products or services shall prevail over these Terms and Conditions.
9.2. Smart assumes no responsibility for and does not endorse unless expressly stated, Content created or published by third parties that is included in the Website and the Services or which may be linked to and from the Website.
9.3. The Website and/or the Services may be used by you to link into other website, resources and/or networks worldwide. Smart accepts no responsibility for the Content, services or otherwise in respect of these and you agree to conform to the acceptable use policies of such website, resources and/or networks.
9.4. Subject to Clause 13, you agree that Smart does not generally and is not required to monitor or edit the use to which you or others use the Website and the Services or the nature of the Content and Smart is excluded from all liability of any kind arising from the use of the Services, and in particular but without limitation to the foregoing, the nature of any Content. Notwithstanding the foregoing, Smart reserves the right to edit, bar or remove any Services and/or Content, at any time as Smart in its sole discretion believes to be necessary in order to prevent any breach of these Terms and Conditions or any breach of applicable laws or regulations.
Clause 10. Exclusion of Liability
10.1. Nothing in these Terms and Conditions shall act to limit or exclude Smart's liability for death or personal injury resulting from Smart's negligence, fraud or any other liability, which may not by applicable law be limited or excluded.
10.2. Smart shall use its reasonable endeavors to ensure the maintenance and availability of the Website and the Services but availability may be affected by your equipment, other communications networks, too many people trying to use Smart's Network or the Internet at the same time or other causes of interference and may fail or require maintenance without notice.
10.3. Neither Smart nor any member of Smart group shall be liable for any special, indirect or consequential damages or any damages whatsoever, whether in an action of contract, negligence or other tortuous action, arising out of or in connection with the performance of or use of Services available on the Website and in particular, but without limitation to the foregoing, Smart specifically excludes all liability whatsoever in respect of any loss arising as a result of:
10.3.1. use which you make of the Website and the Services or reliance on Services or any loss of any Services or your Content resulting from delays, non-deliveries, missed deliveries, or service interruptions; and
10.3.2. defects that may exist or for any costs, loss of profits, loss of your Content or consequential losses arising from your use of, or inability to use or access or a failure, suspension or withdrawal of all or part of the Website and the Services at any time.
10.4. All conditions or warranties which may be implied or incorporated into these Terms and Conditions by law or otherwise are hereby expressly excluded to the extent permitted by law.
10.5. Your only remedy under these Terms and Conditions is to discontinue using the Website and the Services.
10.6. Smart makes every effort to ensure the security of your communications. You are however advised that for reasons beyond our control, there is a risk that your communications may be unlawfully intercepted or accessed by those other than the intended recipient. For example, your communications may pass over third party networks over which we have no control. The Internet is not a secure environment. Unwanted programs or material may be downloaded without your knowledge, which may give unauthorized persons access to your mobile phone and the information stored on your mobile phone. These programs may perform actions that you have not authorized, possibly without your knowledge.
Clause 11. Variation
11.1. Smart reserves the right to modify the Website and/or the Services or suspend or terminate the Website and/or the Services or access to part or all of them at any time.
11.2. Smart reserves the right to revise these Terms and Conditions at any time. Such variations shall become effective two weeks after being posted on the website. By continuing to use this Website you will be deemed to have accepted the varied Terms and Conditions.
Clause 12. Indemnity
12.1. You hereby agree to fully indemnify and to hold Smart harmless from and against any claim brought by a third party resulting from the use of the Website and the Services or the provision of Content to Smart by you and in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered or incurred directly or indirectly by Smart in consequence of such use of the Website and the Services or provision of Content or your breach or non-observance of any of these Terms and Conditions.
12.2. You shall defend and pay all costs, damages, awards, fees (including any reasonable legal fees) and judgments awarded against Smart arising from the above claims and shall provide Smart with notice of such claims, full authority to defend, compromise or settle such claims and reasonable assistance necessary to defend such claims, at your sole expense.
Clause 13. Monitoring/Recording of Communications
13.1. Monitoring or recording of your calls, emails, text messages or other communications may take place in accordance with the law, and in particular for Smart's business purposes, such as for quality control and training, to prevent unauthorized use of Smart's telecommunication systems and to ensure effective systems operation and in order to prevent or detect crime.
Clause 14. Processing your instructions
14.1. You request and authorize us to rely and act upon all apparently valid communications as instructions properly authorized by you, even if they may conflict with any other instructions given at any time concerning bill or service requirements.
14.2. An instruction will only be accepted by us if you have passed through certain security criteria.
14.3. You agree that we can act on any instructions given to us even if these instructions were not authorized by you.
14.4. We will make reasonable efforts to process any instruction where you request us to do so but we shall not be liable for any failure to comply with such a request unless it is due to Smart's failure to make reasonable efforts to do so.
14.5. You must make sure that any instruction is accurate and complete and we are not liable if this is not the case.
14.6. A transaction being carried out is not always simultaneous with an instruction being given. Some matters may take time to process and certain instructions may only be processed during normal working hours even though the service may be accessible outside such hours.
14.7. You will be responsible for all losses and payments (including the amount of any transaction carried out without your authority) if you have acted with gross negligence so as to facilitate that unauthorized transaction, or you have acted fraudulently. For the purposes of this Clause gross negligence shall be deemed to include failure to observe any of your security duties referred to in these Terms and Conditions.
Clause 15. Profligate Use
15.1. Profligate use of the Smart Network is prohibited. Smart considers that any applications which transmit live video, live audio or make similar traffic demands across the Smart Network by whatever means, unless provided by Smart, constitutes making profligate use of the Smart Network. Use of IP Multicast, other than by means provided and coordinated by Smart is also prohibited.
Clause 16. Termination
16.1. Smart may elect to suspend, vary or terminate the Services and the Website immediately and without prior notice at any time for repair or maintenance work or in order to upgrade or update the Website and the Services or for any other reason whatsoever.
16.2. Smart may elect to terminate the Services or your access to the Website forthwith on breach of any of these Terms and Conditions by you, including, without limitation, late or non-payment of sums due or if Smart ceases to offer the Website and the Services to its customers for any reason whatsoever.
Clause 17. General
17.1. Governing Law and Jurisdiction - These Terms and Conditions are governed by and construed in accordance with the laws of the Kingdom of Cambodia and you hereby submit to the non-exclusive jurisdiction of the Malaysian courts.
17.2. Severability - These Terms and Conditions are severable in that if any provision is determined to be illegal or unenforceable by any court of competent jurisdiction such provision shall be deemed to have been deleted without affecting the remaining provisions of these Terms and Conditions.
17.3. Waiver - Smart's failure to exercise any particular right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Smart in writing.
17.4. Representations - You acknowledge and agree that in entering into these Terms and Conditions you do not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether party to these Terms and Conditions or not) other than as expressly set out in these Terms and Conditions as a warranty. Nothing in this Clause shall, however, operate to limit or exclude any liability for fraud.
17.5. Assignment - You in entering into these Terms and Conditions undertake that you will not assign, re-sell, sub-lease or in any other way transfer your rights or obligations under these Terms and Conditions or part thereof. Contravention of this restriction in any way, whether successful or not, will result in the Services being terminated by Smart forthwith. Smart may assign these Terms and Conditions in whole or in part to any third party at its discretion.
17.6. Rights of Third Parties - Except in the case of any permitted assignment of this Agreement under Clause 17.5, a person who is not a party to this Agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 or otherwise to enforce any Clause of this Agreement.
17.7. Force Majeure - Smart shall not be liable in respect of any breach of these Terms and Conditions due to any cause beyond its reasonable control including but not limited to, Act of God, inclement weather, act or omission of Government or public telephone operators or other competent authority or other party for whom SMART is not responsible.