Elite Links (M) Sdn. Bhd.
(trading as Vibe Mobile)
Mobile Services Terms and Conditions

Last updated: 18th May 2026

1. Definitions and Interpretations

1.1. In these Terms and Conditions, unless the context otherwise requires, the following words and expressions shall have the following meanings:

“Account” means the service account opened and maintained by the Company in respect of a Subscriber under these Terms and Conditions, for the main purposes of managing and recording usage, charges and payment in connection with the Service, and such other purpose as may be deemed necessary by the Company.

“Act” means the Communications and Multimedia Act 1998, and includes any subsidiary legislation, regulations, instruments, determinations, directions, guidelines, mandatory standards and codes issued or made thereunder, as amended from time to time.

“Application” means Vibe Mobile’s mobile application, available for download on compatible mobile operating systems, through which a Subscriber may access, manage, and interact with the Service.

“Charges” means all fees, rates, tariffs, charges, and amounts payable by the Subscriber to the Company in connection with the Service, including but not limited to usage charges, subscription fees, top-up amounts, add-on charges, and any applicable taxes.

“Commission” or “MCMC” means the Malaysian Communications and Multimedia Commission established under the Malaysian Communications and Multimedia Commission Act 1998.

“Company”, “we”, “our” or “us” means Elite Links (M) Sdn. Bhd. (Registration No. 201801017105 (1279121-P)), trading as Vibe Mobile.

“Content” means content accessed through the Service which may be provided by the Company or by third parties.

“Device” means any mobile handset, tablet, modem, or other terminal equipment that is compatible with the Network and capable of being used to access the Service.

“eKYC” means our electronic Know Your Customer process, being the electronic identity verification process conducted in accordance with the requirements of the Commission and applicable law.

“Fair Usage Policy” or “FUP” means the policy published by the Company from time to time on the Website and/or Application setting out the parameters of fair and reasonable use of the Service, including any applicable data usage thresholds, speed management measures, and restrictions on abusive or excessive usage.

“Force Majeure” means any event or circumstance beyond the reasonable control of the affected party, including but not limited to acts of God, epidemics, pandemics, natural disasters, war, terrorism, civil unrest, governmental actions or orders, changes in law or regulation, network failures attributable to third-party infrastructure providers, power outages, and any other event beyond such party’s reasonable control.

“Network” means the mobile telecommunications network through which the Service is provided, which is owned and operated by the Network Operator.

“Network Operator” means the mobile network operator licensed by the Commission under the Act whose Network is used by the Company to provide the Service to Subscribers.

“PDPA” means the Personal Data Protection Act 2010, and includes any subsidiary legislation, regulations, guidelines, directives, orders, and codes of practice issued or made thereunder, as amended from time to time.

“Personal Data” has the meaning ascribed to it under the PDPA and includes Sensitive Personal Data.

“Sensitive Personal Data” has the meaning ascribed to it under the PDPA.

“Service” means the mobile telecommunications services provided by the Company to the Subscriber, including but not limited to voice call services, Short Messaging Services (SMS), Multimedia Messaging Services (MMS), mobile data services, International Direct Dialling (IDD) services, international roaming services, and any value-added services, as may be made available by the Company from time to time.

“SIM” or “SIM Card” means the subscriber identity module (whether in physical or embedded/eSIM format) issued by the Company to the Subscriber for the purpose of accessing the Service.

“Subscriber”, “you”, or “your” means the individual who has registered for and is authorised to use the Service in accordance with these Terms and Conditions.

“Vibe Mobile” means the brand name under which the Company provides the Services.

“Website” means the Company’s official website at http://www.vibemobile.com.my or such other URL as the Company may designate from time to time.

1.2. In these Terms and Conditions:

(a) references to the singular include the plural and vice versa;

(b) references to any gender include all genders;

(c) references to any legislation or statutory provision include any subsidiary legislation made under it and any modification, amendment, re-enactment or replacement thereof;

(d) headings are for convenience only and shall not affect the interpretation of these Terms and Conditions;

(e) the words “include”, “includes”, and “including” shall be construed without limitation;

(f) references to “writing” or “written” include any mode of reproducing words in a legible and non-transitory form, including electronic mail, short messaging services, and communications through the Application; and

(g) where the terms and conditions are translated into a language other than English, in the event of any inconsistency, conflict, or discrepancy between the English language version and that of the other language(s), the English language version shall prevail.

2. Acceptance of Terms

2.1. These Terms and Conditions constitute a legally binding agreement between you and the Company governing your use of the Service. By registering for, activating, or using the Service, you agree to be bound by these Terms and Conditions in their entirety.

2.2. These Terms and Conditions shall take effect upon your application for registration of an Account with us in accordance with Clause 3 below.

2.3. If you do not agree to any provision of these Terms and Conditions, you must immediately cease using the Service and contact the Company to terminate your Account.

2.4. These Terms and Conditions shall be supplemented by any specific terms and conditions applicable to other aspects of the Service, including but not limited to (as may be applicable), the Application, the Website, individual service plans, promotions, add-ons, or value-added services offered by the Company from time to time. In the event of any conflict between these Terms and Conditions and any plan-specific or promotion-specific terms and conditions, the plan-specific or promotion-specific terms and conditions shall prevail to the extent of the conflict, unless expressly stated otherwise.

2.5. The Company reserves the right to amend, vary, or modify these Terms and Conditions at any time. Material changes will be communicated to you via Short Messaging Service (“SMS”), the Application, the Website, or such other means as the Company may determine. It is your responsibility to ensure you have read and understood these Terms and Conditions. By continuing to use the Service, you confirm that you understand and agree to the Terms and Conditions (including any amendments thereof).

2.6. These Terms and Conditions are subject to the Act and any applicable subsidiary legislation, determinations, directions, mandatory standards, and codes issued by the Commission or the Minister. In the event of any conflict between these Terms and Conditions and any applicable law, the applicable law shall prevail.

3. Eligibility and Registration

Eligibility

3.1. To open an Account with us, you must satisfy the following requirements:

(a) you must be at least eighteen (18) years of age;

(b) you must provide valid original identification as required under Clause 3.5 below; and

(c) you must not have been previously suspended or terminated by the Company for breach of these Terms and Conditions or for any fraudulent or unlawful conduct.

3.2. For prepaid SIM Cards, the maximum number of SIM Cards that may be registered under a single identity document is as follows:

(a) in relation to Malaysian citizens, permanent residents, and temporary residents, a maximum of five (5) SIM Cards per individual with the Company; and

(b) in relation to foreign nationals (non-Malaysians), a maximum of two (2) SIM Cards per individual with the Company.

3.3. Prepaid Services may be provided to a person between the ages of twelve (12) and seventeen (17) years of age (“Minor”). You may register on behalf of the Minor only where you are the parent or legal guardian of that person. Your information and consent to complete registration of the Minor shall be recorded at the time of registration. By registering on behalf of the Minor, you represent and warrant that you are the parent, legal guardian or a person having parental responsibility for such minor, and that you are duly authorised to provide consent in accordance with these Terms and Conditions and all applicable laws. You consent to the Company providing the Services to the Minor and you further agree to be bound by, and you shall be responsible for, all obligations arising under these Terms and Conditions. For the avoidance of doubt, Postpaid Services will not be provided to Minors.

Registration Requirements

3.4. At the time of registration of an Account with us, you are required to complete a registration form and present the following original identification documents (photocopies, photographs, or scanned copies of identification documents are not accepted):

(a) in relation to Malaysian citizens, the original National Registration Identity Card (MyKad);

(b) relation to Malaysian military personnel, the original Malaysian Armed Forces Identity Card (MyTentera);

(d) in relation to Malaysian temporary residents, the original Temporary Residents Identity Card (MyKAS);

(e) in relation to holders of IMM13 documents, the original IMM13 document certified by the Immigration Department of Malaysia (IDM), with the original document to be sighted at the time of registration;

(f) in relation to holders of Refugee Registration Document (or any equivalent document issued by IDM), the original document, with the original to be sighted at the time of registration;

(g) in relation to non-Malaysian workers or students, the original passport from their country of origin, together with their work permit identification document or student pass; and

(h) in relation to non-Malaysian tourists (visiting Malaysia for not more than three (3) months), the original passport from their country of origin, together with original visa document (if a visa is required to enter Malaysia). Your hotel or temporary residential address in Malaysia will also be recorded and verified during registration.

3.5. The Company reserves the right to request such additional documents or information as may be reasonably necessary to verify your identity, eligibility, or compliance with applicable laws and regulatory requirements. Where registration is conducted through self-registration channels, Malaysian citizens may be required to verify their identity through MyDigital ID.

3.6. You represent and warrant that all information provided during registration and at all times thereafter is true, accurate, complete, and not misleading. You agree to promptly update the Company of any changes to your registration information.

3.7. The Company reserves the right to verify your identity and registration information with any relevant third party, government agency, or database, including but not limited to the National Registration Department (NRD), the IDM, and MyDigital ID.

3.8. The Company may, at its sole discretion, reject any application for registration, or immediately suspend or terminate any Account without prior notice if it is found to have been registered with incomplete, inaccurate, fraudulent, or falsified information.

4. Electronic Know Your Customer (eKYC)

4.1. Activation and use of the Service are subject to the successful completion of the Company’s eKYC verification process. No SIM Card shall be activated, and no Service shall be made available, until eKYC verification has been successfully completed.

4.2. The eKYC verification process may include, but is not limited to, the following methods:

(a) capture and verification of identification documents (e.g., MyKad, passport);

(b) biometric verification, including but not limited to facial recognition;

(d) verification against government and third-party databases; and

(e) such other methods as the Company may implement from time to time in accordance with the Commission’s requirements.

4.3. The Company reserves the right to reject any application for registration, or to suspend or terminate any Account, if:

(a) eKYC verification cannot be successfully completed;

(b) there is a reasonable suspicion of fraud, identity theft, or misrepresentation; or

4.4. The Company may require you to undergo re-verification in the following circumstances:

(a) upon a request for SIM Card replacement;

(b) upon a request for transfer of ownership of the Account;

(d) as may be required by the Commission or any applicable law from time to time.

4.5. eKYC data may be retained by the Company for such period as is necessary for compliance with applicable laws and regulations, fraud prevention, and the protection of the Company’s legitimate interests.

5. Commencement and Duration of Service

5.1. Your Account is registered upon completion of the eKYC process in clause 4.

5.2. You will only have access to the Services once your SIM Card is activated.

5.3. In relation to non-Malaysian tourists (being non-Malaysians visiting Malaysia for not more than three (3) months, registered under Clause 3.4(h) above), each prepaid SIM Card shall be valid for a maximum period of three (3) months only, effective from the time of successful registration. Upon expiry of the applicable service validity period, and in any event not later than the expiry of the three (3) months maximum period, the Services registered under the name of the non-Malaysian tourist shall be automatically terminated.

5.4. For any other users apart from those under Clause 5.4, the Service shall continue until terminated in accordance with these Terms and Conditions.

6. Service Description

6.1. The Service comprises the following mobile telecommunications services, as may be made available by the Company from time to time:

(a) domestic voice call services (on-net and off-net);

(b) International Direct Dialling (IDD) voice call services;

(d) mobile data services (including 4G/LTE, and 5G where available);

(e) international roaming services (voice, SMS, and data);

(f) supplementary services such as caller identification, call forwarding, and call waiting;

(g) Unstructured Supplementary Service Data (USSD) services (where available and supported by the Subscriber’s Device);

(h) eSIM support (where available);

(i) Voice over LTE (VoLTE) and Voice over WiFi (VoWiFi) (where available and supported by the Subscriber’s Device);

(j) emergency call services (999/112); and

(k) such other value-added services as the Company may introduce from time to time.

6.2. The Service is provided on an “as is” and “as available” basis. The Company does not guarantee the continued availability, uninterrupted use, quality, fitness for a particular purpose, merchantability, or security of the Service or any data or information transmitted through the Service.

6.3. The Service depends on the availability, coverage, and capacity of the Network, which is owned and operated by the Network Operator. The quality and availability of the Service may be affected by factors including but not limited to geographic location, building structures, atmospheric conditions, electromagnetic interference, network capacity constraints, Device compatibility, scheduled or unscheduled maintenance, and Force Majeure events.

6.4. The Company reserves the right to modify, upgrade, suspend, or discontinue any part of the Service at any time, with or without prior notice, in accordance with applicable law. Where practicable, the Company will provide prior notification to Subscribers of any material changes to the Service.

6.5. The Service is available only within the geographical coverage area of the Network. The Company does not represent or warrant that the Service is available in any particular location, including any location outside the geographical coverage or network offerings of the Network[1]. Coverage maps published by the Company on the Website or Application, if any, are indicative only and do not guarantee the availability of the Service at any specific location.

6.6. 5G network coverage and speed are subject to area availability and Device compatibility. Access to 5G services requires a 5G-capable Device and is limited to areas with 5G network coverage. If a 5G-capable Device is not used or the Subscriber is outside a 5G coverage area, the Service will automatically utilise 4G/LTE or other available network technologies.

7. Subscriber Responsibilities

7.1. You are solely responsible for all usage of and Charges incurred through the Service under your Account, including usage by any person to whom you have provided access to your Device, SIM Card, or Account, whether with or without your knowledge or authorisation.

7.2. You shall:

(a) use the Service in accordance with these Terms and Conditions, all applicable laws and regulations or directions issued by the Commission or any competent authority;

(b) procure and maintain at your own cost a compatible Device that meets the technical requirements for the Service;

(d) immediately notify the Company immediately upon becoming aware of any unauthorized use of your SIM Card or Account, any breach of security or any incident that does not comply with the acceptable use policy;

(e) where not notified to the Company during registration, immediately notify the Company that your SIM Card is being used by a Minor and provide the relevant details required to complete the Registration for a Minor;

(f) ensure that your Device does not interfere with, interrupt, or adversely affect the normal operation of the Network;

(g) not use the Service for any unlawful, seditious, immoral, fraudulent, obscene, offensive, or harmful purpose;

(h) cooperate with the Company in any investigation relating to the Service, including any investigation initiated by the Commission, law enforcement agencies, or other lawful authorities.

7.3. The Company may, acting reasonably, deny, restrict, or refuse connection of any Device to the Network if, in the Network Operator’s reasonable opinion, the Device unlawfully interferes with or materially and adversely affects the normal operation of the Network or constitutes a material threat to any person’s safety.

7.4. You acknowledge and agree that the Company may take such immediate action as may be necessary to address and resolve any unusual or disruptive activities which have, or are reasonably suspected to have, a major or negative impact on the Network, including but not limited to fraud, phishing, spam, and hacking.

7.5. You acknowledge and agree that the Company may monitor your use of the Service for the purposes of providing, maintaining, improving the Service, and in accordance with these Terms and Conditions.

8. Acceptable Use Policy

8.1. The Network is a shared resource. You must use the Service responsibly and appropriately so as to not affect the usage of other subscribers.

8.2. You shall use the Service in compliance with all applicable Malaysian laws, including the Act, the Penal Code, the Computer Crimes Act 1997, the Defamation Act 1957, and any other relevant legislation. You shall not, and shall not permit or facilitate any third party to:

(a) use the Service for any purpose that is unlawful, illegal, or prohibited by these Terms and Conditions;

(b) transmit, distribute, or store any material that is defamatory, obscene, offensive, threatening, abusive, harassing, or that violates any person’s privacy;

(d) transmit any unsolicited commercial communications (spam), including bulk SMS, promotional broadcasts, or automated messaging, without the prior written consent of the Company;

(e) transmit any virus, malware, worm, trojan horse, or other harmful or malicious code;

(f) attempt to gain unauthorized access to the Network, any other network or system, or any Account belonging to another person;

(g) use the Service in any manner that may damage, disable, overburden, or impair the Network or interfere with any other party’s use and enjoyment of the Service;

(h) use the Service for activities that constitute fraud, including but not limited to SIM box fraud, artificially generated traffic, or any form of traffic manipulation;

(i) use the Service in a manner that may cause the Company to be in breach of any of its obligations under any applicable law or regulation or any of its obligations as a licensee under the Act;

(j) resell, re-supply, or commercially exploit the Service or any part thereof without the prior written consent of the Company;

(k) use the Service for conference calling, call centre usage, telemarketing, application-to-person communication, auto-dialling, or machine-to-machine communication;

(l) use the Service in connection with any device that switches or re-routes calls to or from the Network to another service provider’s or carrier’s network;

(m) use the Service for wholesaling or in connection with any device, software, or application which re-routes calls or potentially keeps a line open for extended periods;

(n) use the Service for the wholesale supply of any part of the Service, including the transit, refile, or aggregation of domestic or international traffic on the Network;

(o) use the Service for continuously call forwarding or multiple simultaneously calling;

(p) use the Service to make or receive calls on the Network for the purposes of resale, resupply, commercial exploitation, or arbitrage; or

(q) use the Service for any purpose which is not standard person-to-person communication, including legitimate non person-to-person services, such as the utilisation of data quota for lawful information consumption and customary end-user usage.

8.3. The Company reserves the right to suspend, restrict, or terminate the Service, without prior notice and without liability, where the Company reasonably believes that a breach of this Clause 8 has occurred or is likely to occur.

8.4. You acknowledge that you bear the primary responsibility for ensuring that all content and communications transmitted through the Service by you or through your Account do not violate any applicable laws. The Company shall not be liable for any content or communications transmitted by you.

9. Fair Usage Policy (“FUP”)

9.1. All services described as unlimited or offering high-volume allowances are subject to the FUP as published by the Company from time to time.

9.2. High-speed data services are available up to the data quota specified in your subscribed plan. Upon exhaustion of the data quota, your data speed may be reduced (throttled) for the remainder of the billing or validity cycle, as specified in the applicable plan terms.

9.3. If you breach our FUP, exceed any applicable FUP quota under your plan, or misuse the Service we may, at our discretion and without prejudice to our other rights and remedies:

(a) manage your bandwidth, including by reducing your service speed;

(b) suspend or terminate the Service(s); or

10. SIM Card and Mobile Number Ownership

10.1. All mobile numbers allocated to Subscribers are administered by the Commission and remain the property of the Commission. Mobile numbers are assigned to Subscribers for use in connection with the Service and are not owned by, and do not confer any proprietary rights upon, the Subscriber. The Company or the Commission may suspend, cancel, surrender, revoke, or reassign a mobile number as may be directed by the Commission in order to comply with the Commission’s Numbering and Electronic Addressing Plan (NEAP).

10.2. All SIM Cards remain the property of the Company at all times. The Subscriber shall not sell, distribute, alter, tamper with, reverse engineer, or reproduce the SIM Card. Subject to the written consent of the Company, the SIM Card is non-transferable and shall be used only by the registered Subscriber.

10.3. The maximum number of SIM Cards that may be registered under a single identity document is five (5) for Malaysian citizens, permanent residents, and temporary residents, and two (2) for foreign nationals, in accordance with the Commission’s Mandatory Standards.

10.4. Upon termination of the Service, the mobile number assigned to the Subscriber may be reassigned by the Company or the Commission to another subscriber after such period as may be determined by the Company in compliance with applicable law.

10.5. The Company shall provide a free-of-charge mechanism that enables you to verify the number of SIM Cards registered under your name and to ensure that no SIM Cards are registered without your consent.

11. SIM Activation, Replacement, and Portability

Activation

11.1. The SIM Card must be activated in Malaysia and before its expiry date. Failure to activate the SIM Card within the stipulated timeframe may result in the cancellation of the registration and deactivation of the SIM Card.

11.2. Activation of the SIM Card is subject to the successful completion of eKYC verification as set out in Clause 4 above.

Replacement

11.3. In the event of a lost, stolen, damaged, or defective SIM Card, the Subscriber may request a replacement SIM Card, subject to:

(a) verification of the Subscriber’s identity using the same identification document used at the time of registration;

(b) payment of the applicable replacement fee; and

11.4. The Company shall not be liable to replace or compensate you for any lost, stolen, damaged, faulty, or cloned SIM Card, or for any unused credit balance associated with such SIM Card. In the event of any theft, cloning, or loss of your SIM Card, you must notify the Company immediately. Notwithstanding such notification, you shall remain liable for all Charges incurred in relation to the SIM Card, including all Charges arising from any unauthorized use prior to such notification.

Mobile Number Portability (MNP)

11.5. You may port your mobile number to another service provider (port-out) or port an existing mobile number from another service provider to the Company (port-in), in accordance with these Terms and Conditions, the Commission’s requirements and applicable regulations on MNP.

11.6. Upon a successful port-out, all remaining credit balances, active plans, add-ons, and any accumulated loyalty points or rewards shall be immediately forfeited and shall not be refundable.

11.7. You may experience a temporary disruption of the Service during the porting process. The Company shall not be liable for any loss or inconvenience arising from such disruption.

12. Charges, Top-Up, and Validity

General

12.1. All Charges for the Service shall be as published by the Company on the Website, Application, or as otherwise communicated to the Subscriber. The Company reserves the right to revise the Charges from time to time, subject to providing prior notice to Subscribers.

12.2. All Charges are stated in Ringgit Malaysia (RM) and are inclusive of all applicable taxes (including 6% service tax for telecommunication services), unless expressly stated otherwise.

Prepaid Services

12.3. Prepaid Subscribers are required to maintain a sufficient credit balance in order to use the Service. The credit balance may be replenished by means of top-up through the channels made available by the Company.

12.4. The validity of credit balances shall be determined by the top-up denomination or the subscribed plan, as specified in the applicable plan terms. Upon expiry of the credit validity period, the Subscriber shall be given a thirty (30) day passive period during which incoming calls and SMS may still be received but outgoing usage shall be restricted. Upon expiry of the passive period, the Account shall be terminated, and all remaining credit balances shall be forfeited.

12.5. The maximum credit balance that may be held in a prepaid Account at any time shall be Ringgit Malaysia One Thousand (RM1,000.00).

12.6. All top-ups are final and non-refundable.

12.7. The Company shall deduct from your Account an amount equal to the value of the Service used by you, at the Company’s prevailing pricing plan or applicable promotional rates.

12.8. Top-up vouchers (whether in physical form or otherwise) which have passed their expiry date shall not be usable or returnable. Once reloaded, top-up vouchers cannot be removed or refunded under any circumstances. The Company shall not be liable for any loss or damage arising from reloading errors caused by you.

12.9 Any reload performed using alternate reload channels as stated on the Website or Application, or via any other channel made available by the Company from time to time, shall be subject to the respective terms and conditions of such channels.

12.10 The Company does not provide physical invoices or statements for the Service.

Postpaid Services

12.11. Prior to the registration of a postpaid Account, you shall be subject to the Company’s approval process, including credit and risk assessments. Postpaid Subscribers shall be billed on a monthly billing cycle basis. Bills shall be issued by the Company and payment shall be due within the period specified in the bill.

12.12. You are responsible for the payment of all Charges incurred on your Account, including any Charges incurred by any person using your SIM Card or Account with or without your knowledge or authorization.

12.13. Late payment of any amount due may attract interest at 1.5% per month (or the maximum rate permitted by applicable law, whichever is lower), calculated from the due date until the date of actual payment, without prejudice to the Company’s right to suspend or terminate the Service.

Credit Limit

12.14. The Company may, at its sole discretion, impose and vary a credit limit on your Account. The Company reserves the right to suspend, restrict, or terminate the Service without prior notice (where reasonably necessary to protect the Company’s interests) if the credit limit is reached or exceeded.

Billing

12.15. The Company may require a valid payment method or an auto-debit arrangement for postpaid Services.

12.16. If you dispute in good faith any Charges, you must notify the Company within thirty (30) days from the date of the bill, failing which the Charges shall, to the extent permitted by applicable law, be deemed accepted. You shall remain liable to pay all undisputed amounts pending resolution of the dispute.

12.17. The Company reserves the right to allocate any payments received towards outstanding balances in such order of priority as it deems appropriate.

12.18. The Company reserves the right to correct any billing errors and to adjust Charges accordingly, including making such adjustments in subsequent billing cycles.

Roaming and Third-Party Charges

12.19. Charges incurred from roaming services or third-party services may be billed in arrears and may not appear in the immediate billing cycle. Such Charges shall remain payable when invoiced.

Security Deposit

12.20. The Company reserves the right to require a refundable security deposit, which may be applied towards any outstanding amounts on your Account. Any remaining balance of the security deposit shall be refunded upon termination of the Service, subject to applicable deductions. No interest shall accrue on the security deposit unless otherwise required by law.

13. International Roaming

13.1. International roaming services allow you to use the Service while travelling outside Malaysia, subject to the availability of roaming agreements between the Network Operator and foreign network operators.

13.2. International roaming services must be activated prior to travel. You are responsible for ensuring that your Device is roaming-enabled and compatible with the foreign network(s) in your destination country.

13.3. You must maintain a minimum credit balance, as determined by the Company from time to time, in order to use international roaming services.

13.4. Roaming charges shall apply at the rates published by the Company. You are solely responsible for all Charges incurred while roaming, regardless of whether such usage was authorised by you.

13.5. The quality and availability of roaming services depend on the foreign network operator(s) in the destination country. The Company does not guarantee the quality, availability, or continuity of roaming services.

13.6. The Company may, with the agreement of the Network Operator, suspend international roaming services in accordance with mutually agreed fraud prevention procedures.

14. Value-Added and Third-Party Services or Products

14.1. The Company may make available value-added services and third-party services or products (including but not limited to content subscriptions, premium SMS, short code services, and digital content) through the Service or the Application. Such services may be subject to separate terms and conditions imposed by the relevant third-party service provider.

14.2. The Company acts solely as a platform for the delivery of third-party services or products and does not control, endorse, or assume any responsibility for the content, quality, availability, or performance of any third-party services. Your use of any third-party service is at your own risk.

14.3. The Company shall not be liable for any loss, damage, or claim arising from or in connection with your use of any third-party service or product, including but not limited to any charges imposed by third-party service or product

14.4. The Company may suspend, restrict, or terminate access to any third-party service or product at any time without notice, and shall not be liable for any resulting loss or damage.

15. Content

15.1. Content accessed through the Service may be provided by the Company or by third parties.

15.2. The Company reserves the right to filter or edit any Content. You acknowledge that the Company is under no obligation to censor, review, or moderate any Content or information provided through the Service, even if such Content is co-branded or promoted by the Company.

15.3. By using the Service, you agree that:

(a) the Service is for personal, non-commercial use only and that you acquire no rights or interests in the Content;

(b) you shall not reproduce, tamper with, alter, add to, delete, distribute, or forward any Content (whether in its original or adapted form) received as part of the Service to any other person for the purpose of creating any commercial products, whether tradable or otherwise, including any derivative products, whether for your own purpose or for the purposes of any third party;

(c) you shall not post or transmit any information which contains a virus or other harmful component, or delete any author acknowledgments, legal notices, or proprietary designations or labels attached to or expressed in any file that is uploaded;

(d) you shall not download any file posted by any other user of the Service if you know or reasonably ought to know that such file cannot legally be distributed;

(e) you grant the Company an irrevocable, worldwide, royalty-free licence to copy and adapt any information generated through your use of the Service to the extent necessary for the Company to provide or promote the Service; and

(f) the layout and graphic display of any Content will be dependent on the type and functionality of your Device.

15.4. The Company does not warrant and does not guarantee the currency, accuracy, authenticity, availability, or security of any Content, and disclaims all liability in relation to Content provided through the Service and/or as a result of using information obtained from the Service or the Internet.

16. Promotional Packages

16.1. Where the Service is subscribed to pursuant to a promotional package, you agree to all additional terms and conditions applicable to that package, which shall be read as supplementary to these Terms and Conditions. The Company expressly reserves the right to withdraw any promotional package at any time without assigning reasons for such withdrawal. The Company shall not be liable for any loss or damage suffered by you as a result of such withdrawal.

16.2. Where a promotional package involves a third party, you must also comply with all requirements imposed by that third party. You acknowledge that the Company may take any action requested by that third party to protect their interests.

17. Network Availability and Exclusion of Network Operator Liability

17.1. The Service is provided over the Network which is owned and operated by the Network Operator. While the Company endeavours to ensure the availability and quality of the Service, you acknowledge and agree that the Company does not own, operate, or directly control the Network infrastructure.

17.2. Neither the Network Operator nor the Company guarantees:

(a) that the Service will be uninterrupted, error-free, or free from viruses, defects, or other harmful components;

(b) the accuracy, completeness, timeliness, or security of any data or information transmitted through the Service; or

17.3. Neither the Company nor the Network Operator shall be liable for:

(a) the activation or deactivation of any mobile number in accordance with these Terms and Conditions or applicable law;

(b) any error, disruption, or omission in relation to information or traffic transmitted through the Network;

(c) any loss or damage arising from or consequential upon any act or omission of any third-party mobile network operator or any third party involved in the operations or maintenance of a facility used in connection with the Network or an international network service; or

(b) any loss or damage arising from or consequential upon the use of the Service other than for the purpose for which it was intended.

17.4. Each of the Company and the Network Operator expressly disclaims all warranties, representations, and guarantees of any kind, whether express, implied, statutory, or otherwise, in connection with the Service, including but not limited to any implied warranty of merchantability, fitness for a particular purpose, or non-infringement. You acknowledge that you have no contractual relationship with the Network Operator and that you shall have no claim, demand, or cause of action of any kind against the Network Operator arising from or in connection with the Service or these Terms and Conditions.

18. Limitation of Liability

18.1. To the maximum extent permitted by applicable law:

(a) the Service is provided n an “as is” and “as available” basis, without any representations or warranties, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranty arising out of the course of dealing, custom, or usage of trade;

(b) the Company shall not be liable to you or any third party for any indirect, incidental, consequential, special, exemplary, or punitive damages, or for any loss of profits, loss of revenue, loss of business, loss of opportunity, loss of data, or loss of use, howsoever arising, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if the Company has been advised of the possibility of such damages; and

(c) the Company shall not be liable for any loss, damage, or inconvenience arising from any lack of, loss of, or interruption of the Service, or any delays in access or transmission, whether or not attributable to the Company, unless caused by the Company’s wilful misconduct.

18.2. Notwithstanding Clause 18.1, nothing in these Terms and Conditions shall exclude or limit the Company’s liability for:

(a) death or personal injury caused by the Company’s negligence;

(b) fraud or fraudulent misrepresentation; or

18.3. Notwithstanding anything in this Agreement but subject to Clause 18.2, the Company’s total aggregate liability to you in connection with the Service, whether arising in contract, tort, or otherwise, shall not exceed the lower of (i) the total Charges paid by you to the Company (excluding any services or benefits provided free of charge) during the six (6) months immediately preceding the event giving rise to the claim; or (ii) RM500.

19. Indemnity

19.1. You agree to indemnify, defend, and hold harmless the Network Operator, the Company, and each of their affiliates, related corporations, directors, officers, employees and agents, (collectively, the “Indemnified Parties”) from and against any and all claims, demands, actions, proceedings, losses (direct or indirect), damages, liabilities, costs, and expenses (including legal fees on a full indemnity basis) arising from or in connection with:

(a) your use, misuse, improper use, or inability to use, the Service;

(b) any breach or alleged breach by you of any provision of these Terms and Conditions and any other applicable terms, directions or guidelines issued by the Company;

(d) any content transmitted, distributed, or stored by you or any person using your Account through the Service including but not limited to any defamatory, offensive, obscene, harmful, fraudulent, or unlawful material;

(e) any infringement, misappropriation or violation of the intellectual property rights, proprietary rights, or other rights of any third party resulting from your use of the Service; and

(f) any act or omission by you that causes the Indemnified Parties to incur any liability, claim, loss, damage, cost, or expense, whether direct, indirect, consequential, incidental, exemplary, or punitive.

20. Force Majeure

20.1. The Company shall not be liable for any failure or delay in performing its obligations under these Terms and Conditions to the extent that such failure or delay is caused by a Force Majeure event.

20.2. In the event of a Force Majeure event that prevents the Company from substantially performing any material obligation under this Agreement for a period exceeding seven (7) days and provided always the Force Majeure event arose without the fault or negligence of the Company, the Company will:

(a) promptly notify you of the Force Majeure event, the obligations which it is unable to perform and where reasonably practicable, the estimated duration of the delay, suspension or event;

(b) use its reasonable endeavours to mitigate the effects of the Force Majeure event;

(d) resume performance of the Service as soon as reasonably practicable; and

(e) if the Force Majeure event continues for an extended period, terminate the affected Service in accordance with Clause 21.

21. Suspension and Termination

Suspension by the Company

21.1. The Company may suspend the Service, in whole or in part, immediately and without prior notice if:

(a) you are in breach, or the Company reasonably suspects a breach, of any provision of these Terms and Conditions;

(b) you fail to pay any Charges, fees or other amounts due under these Terms and Conditions by the due date;

(c) the Company has reasonable grounds to suspect fraud, illegal activity, or misuse of the Service whether by you or by any person using your Account;

(d) your Device interferes with or adversely affects the security, integrity or normal operation of the Network or the Service;

(e) the Company is directed to do so by the Commission, any court, or any lawful authority;

(f) it is necessary to protect the integrity, security, or operation of the Service or the Network;

(g) a Force Majeure event occurs; or

(h) the information you provided during registration is found to be inaccurate or false, in which case you will be given a notice of three (3) working days to update the inaccurate or false information, failing which the Service will be suspended for a period of seventeen (17) working days.

21.2. During any period of suspension, you will only be able to receive incoming calls and SMS and make outgoing calls to emergency services and to the Company’s customer service. You will not be able to make other outgoing calls, send outbound SMS, or access mobile data during the suspension.

21.3. Where the Service has been suspended or restricted under Clause 21.1, you may apply for reconnection of the Service by rectifying the cause of the suspension or restriction (including, where applicable, settling all outstanding Charges or providing accurate and updated registration information). Reconnection of the Service shall be subject to:

(a) the Company’s standard reconnection procedures;

(b) payment of any applicable reconnection fee, as may be determined by the Company from time to time and published on the Website or notified to you in writing; and

21.4. The Company shall use reasonable endeavours to reconnect the Service within a reasonable time following the satisfaction of the reconnection requirements under Clause 21.3.

21.5. The Company shall not be liable for any loss, damage, or inconvenience arising from or in connection with any suspension, restriction, or termination of the Service under this clause, including any loss of data, revenue, business opportunity, or use of the Service.

Termination by the Company

21.6. The Company may terminate the Service and close your Account by at any time and without prior notice if:

(a) you are in breach, or the Company reasonably suspects a breach, of these Terms and Conditions and, where such breach is capable of remedy, you fail to remedy the breach within fourteen (14) days of receiving written notice from the Company;

(b) the Company has reasonable grounds to believe that your Account has been registered with false, fraudulent, or inaccurate information which remains unremedied following the suspension period in Clause 21.1(h);

(c) in relation to prepaid Subscribers, the Account has remained inactive (no top-up, no usage) for a period exceeding the passive period specified in the applicable plan terms;

(d) in relation to postpaid Subscribers, payment remains outstanding for more than sixty (60) days after the due date; or

(e) the Company is directed to do so by the Commission, any court, or any lawful authority.

21.7. Upon termination under Clause 21.6, the Company is entitled to recycle the mobile number, and the Company is under no obligation to re-issue the same number to the previously terminated Subscriber in the future.

Termination by the Subscriber

21.8. You may terminate the Service at any time by contacting the Company’s customer service and giving such notice as may be required under the applicable plan terms. Termination shall be effective upon the Company’s confirmation and completion of any applicable administrative procedures.

21.9. Upon termination initiated by the Subscriber:

(a) all remaining credit balances, active plans, add-ons, loyalty points, and rewards shall be immediately forfeited, unless otherwise provided by applicable law or the applicable plan terms;

(b) all outstanding Charges shall become immediately due and payable; and

(c) the mobile number assigned to you may, in accordance with applicable law, numbering regulations, or the Commission’s requirements, be reassigned by the Company or the Commission.

22. Consequences of Service Termination by the Company

22.1. Any termination of the Service by the Company will be conducted in accordance with applicablelaws including the Commission Determination on the Mandatory Standard for the Provision of Services through a Mobile Virtual Network (Determination No. 3 of 2015).

22.2. Subject always to Clause 22.1:

(a) the Company may offer you an option to port over to any other service provider of your choice.

(b) If you do not exercise such choice within the period stipulated by the Company as notified to you, you shall be ported over to a service provider chosen by the Company upon the expiry of such stipulated period.

23. Personal Data and Privacy

By registering for, accessing, or using the Service, you expressly consent to the collection, use, processing, disclosure, and storage of your Personal Data by the Company in accordance with the PDPA and the Company’s Privacy Policy, which is available [here]. This may include your biometric data (such as facial images and liveness detection data), for the purposes of identity verification, fraud prevention, regulatory compliance, and the administration of the Service. You acknowledge that biometric data is classified as sensitive personal data under the PDPA, and you specifically agree to the processing of such data and any other Sensitive Personal Data which we may collect. Such consent extends to any personal data provided directly by you or obtained in connection with your use of the Service.

24. Intellectual Property

24.1. All intellectual property rights of the Company including, without limitation, the Vibe Mobile brand, name, logo, trademarks, service marks, trade names, domain names, content, software, and materials associated with the Service (collectively, “Intellectual Property”) and the existing and future goodwill in such Intellectual Property are and shall remain the exclusive property of the Company or its licensors. Nothing in these Terms and Conditions grants you any right, title, or interest in any such Intellectual Property.

24.2. You shall not, without the prior written consent of the Company:

(a) use any Intellectual Property in any way other than expressly authorised;

(b) use any name or Intellectual Property which is substantially, deceptively or confusingly similar to the Intellectual Property;

(c) reproduce, distribute, modify, create derivative works from, publicly display, or otherwise exploit any Intellectual Property;

(d) modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works from any Intellectual Property or any part of the Service; and

(e) use any Intellectual Property in a manner that may infringe, dilute, or otherwise adversely affect the rights or reputation of the Company or its licensors.

24.3. You acknowledge and agree that any unauthorised use of the Intellectual Property may result in irreparable harm to the Company for which monetary damages alone may not be an adequate remedy, and the Company shall be entitled to seek injunctive or equitable relief in addition to any other remedies available at law.

24.4. All third party trademarks, service marks, trade names, content and intellectual property that may be displayed or made available through the Service are the property of their respective owners. Nothing in these Terms and Conditions grants you any rights in respect of such third party intellectual property. The restrictions set out in this Clause 24 shall apply mutatis mutandis to such third party intellectual property.

25. Complaints and Dispute Resolution

25.1. If you have a complaint regarding the Service, you may contact the Company’s customer service through the following channels:

(a) Customer Service Hotline: +601178378378;

(b) Email: [email protected]; or

25.2. Upon receipt of your complaint, the Company will:

(a) acknowledge receipt of your complaint:

(i) in relation to non-written complaints (e.g. telephone calls), at the time the complaint is made;

(ii) in relation to complaints made via electronic means (e.g. emails, the Application, the Website), within one (1) working day of receipt; or

(iii) in relation to complaints made in paper form, within three (3) working days of receipt;

(b) in relation to complaints that cannot be resolved on first contact, advise you of the proposed resolution:

(i) in relation to simple cases, within three (3) working days from the date the complaint is acknowledged; and

(ii) in relation to complex cases, within fifteen (15) working days from the date the complaint is acknowledged; and

(c) where the Company is unable to resolve the complaint within the timeframes stated above, advise you of the reasons for the delay and the specific timeframe for the possible final resolution of the complaint.

25.3. In the event that you remain dissatisfied with the outcome of a complaint, the Company shall notify you of your external options for complaint handling, including the Communications and Multimedia Consumer Forum of Malaysia (CFM):

Communications and Multimedia Consumer Forum of Malaysia (CFM)

Website: https://cfm.my

Email: [email protected]

25.4. If you remain dissatisfied following CFM’s resolution, or if you wish to escalate the matter directly, you may refer the complaint to the Commission’s Consumer Complaints Bureau:

Aduan MCMC

Malaysian Communications and Multimedia Commission

MCMC Tower, Jalan Impact, Cyberjaya 63000, Selangor

Hotline: 1-800-188-030

Website: https://aduan.mcmc.gov.my

25.5. The Subscriber’s right to refer a complaint to CFM or the Commission shall not be limited or restricted by these Terms and Conditions.

26. Emergency Services

26.1. You may access emergency services by dialling 999 or 112, regardless of your credit balance or subscription status, provided that the Service is active and the Device is connected to the Network.

26.2. The Company does not guarantee the availability, accuracy, or reliability of emergency call services at all times and in all locations, as such services are dependent on the availability of the Network and the functionality of the Device.

27. Lawful Interception and Law Enforcement

27.1. You acknowledge and agree that the Company and/or the Network Operator may be required to comply with the requests of the Commission, the police, or other lawfully authorised bodies in Malaysia to intercept traffic, private communications, or other information transmitted via or in connection with the Service.

27.2. The Company shall cooperate with any lawful investigation by providing such information, documents, and call detail records as may be lawfully required.

27.3. The Company may monitor your usage of the Service for fraudulent activities and for the purposes stated in this Clause.

28. Amendments to Terms and Conditions

28.1. The Company reserves the right to amend, vary, delete, or add to any provision of these Terms and Conditions at any time via SMS, the Application and/or Website.

28.2. Where any amendment will result in an increase in Charges, or will have a substantial and adverse impact on the Service:

(a) the Company will give not less than fifteen (15) working days’ prior written notice to affected Subscribers before effecting the change; and

(b) you shall be permitted to terminate the Service, by notice in writing prior to the amendment coming into effect, without incurring any Charges of any kind in respect of that termination (other than incidental costs), in the event that:

(i) there is any increase in Charges, including Charges which you are obligated to incur for the continued use of the Service; or

(ii) you can demonstrate that the amendment will result in a substantial and adverse impact to the Service that you have acquired, unless, after being notified about such amendment, you expressly agree to the amendment or continue using the Service after such notification.

28.3. For all other amendments that do not result in an increase in Charges or a substantial and adverse impact on the Service, the Company will use all reasonable efforts to provide reasonable notice. Your continued use of the Service after the effective date of any amendment shall constitute your acceptance of the amended Terms and Conditions. If you do not agree to any amended Terms and Conditions, you may terminate the Service in accordance with Clause 21.8.

29. Governing Law and Jurisdiction

29.1. These Terms and Conditions shall be governed by and construed in accordance with the laws of Malaysia.

29.2. These Terms and Conditions are subject to the Act and all applicable subsidiary legislation, determinations, directions, mandatory standards, and codes issued by the Commission or the Minister.

29.3. Without prejudice to the generality of Clause 29.2, these Terms and Conditions incorporate and are subject to the principles set out in the Commission Determination on the Mandatory Standard for the Provision of Services Through a Mobile Virtual Network (Determination No. 3 of 2015), as amended or replaced from time to time. To the extent that any provision of these Terms and Conditions is inconsistent with any mandatory requirement under the said Determination, the mandatory requirement shall prevail.

29.4. You agree to submit to the exclusive jurisdiction of the courts of Malaysia in respect of any dispute arising out of or in connection with these Terms and Conditions.

30. General Provisions

Severability

30.1. If any provision of these Terms and Conditions is held to be invalid, illegal, or unenforceable (whether in whole or in part), such provision shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable, and the remaining provisions shall continue in full force and effect.

Waiver

30.2. No failure or delay by the Company in exercising any right, power, or remedy under these Terms and Conditions shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power, or remedy preclude any other further exercise thereof.

Entire Agreement

30.3. These Terms and Conditions, together with any applicable plan-specific terms and conditions, the Privacy Notice, and any other documents expressly incorporated by reference, constitute the entire agreement between you and the Company in respect of the Service and supersede all prior agreements, representations, and understandings.

Assignment

30.4. You may not assign, transfer, sub-license, or otherwise deal with any of your rights or obligations under these Terms and Conditions without the prior written consent of the Company.

30.5. The Company may assign, transfer, or sub-contract any of its rights or obligations under these Terms and Conditions to any third party, including any successor, assignee, or transferee of its business of the relevant part thereof, without your prior consent, provided that such assignment does not materially diminish your rights under these Terms and Conditions.

No Third-Party Rights

30.6. Save as expressly provided, a person who is not a party to these Terms and Conditions shall have no right to enforce any provision of these Terms and Conditions.

Notices

30.7. Any notice given by the Company to you under these Terms and Conditions may be given by SMS, push notification through the Application, email (to the email address registered with your Account), posting on the Website, or by ordinary post to your last known address. Any notice so given shall be deemed to have been received:

(a) if sent by SMS or push notification, at the time of transmission;

(b) if sent by email, twenty-four (24) hours after sending;

(d) if sent by post, three (3) business days after posting.

Survival

30.8. The provisions of these Terms and Conditions which by their nature are intended to survive the termination or expiry of the Service, including but not limited to Clauses 18 (Limitation of Liability), 19 (Indemnity), 23 (Personal Data and Privacy), 24 (Intellectual Property), and 29 (Governing Law and Jurisdiction), shall survive any such termination or expiry.

31. Contact Information

If you have any questions regarding these Terms and Conditions, please contact us at:

Elite Links (M) Sdn. Bhd. (trading as Vibe Mobile)

Customer Service Hotline: +601178378378