Acceptance of Terms

1. In addition to the Terms of Use of Website https://www.yes.my/docs/tnc/general-terms-and-conditions/, Yes Mobile Apps Terms and Conditions https://www.yes.my/docs/tnc/general-terms-and-conditions/yes-mobile-apps-terms-and-conditions/ and Privacy Policy https://www.ytl.com/privacypolicy.asp (hereinafter collectively refer to as “General T&Cs”), your access to and use of our websites or applications, Yes Gaming Services and the Content made available through them are subject to the terms and conditions set out below (“Yes Gaming T&Cs”).

2. By signing up for and using Yes Gaming Services, you affirm that: (a) you are of legal age (i.e., at least 18 years of age) and you accept these Yes Gaming T&Cs and General T&Cs; or (b) if you are not of legal age, you have obtained parental or guardian consent to use Yes Gaming Services and to accept these Yes Gaming T&Cs and General T&Cs.

3. We reserve the right to change or update Yes Gaming T&Cs and General T&Cs at any time by publishing a revised version on our websites and applications. Your access and continue use of Yes Gaming Services shall constitute your acceptance of any change or update made.

4. If you do not agree to be bound by, or if no parental / guardian consent is obtained to accept Yes Gaming T&Cs or General T&Cs, you should not use Yes Gaming Services and should cancel your registration or account.

Registration and Access

1. Access and Use

   You may access our website to browse, view or purchase the subscription-based services, and you will have access our Yes Gaming Services for personal and non-commercial use after your registration as a registered subscriber is confirmed.

2. Account Creation

   To become a registered subscriber of Yes Gaming Services, you will need to create a Yes Gaming Account by signing up online following the instructions on our website, applications or other prescribed platforms as determined by YTLC. You must provide current and accurate information including a valid email address, mobile number, billing address and payment information.

3. Account Sign-in

   If you choose to sign in to your Yes Gaming Account through your account operated by other non-Yes applications, or link other non-Yes account through Yes Gaming Services, you agree that YTLC and the relevant non-Yes parties may share your account information or usage information when you are logged into your Yes Gaming Account or non-Yes account respectively.

4. Account Responsibility

   You are responsible for all activity that occurs through your Yes Gaming Account. You must not share your Yes Gaming Account with any other person; however, if you allow another person to access your Yes Gaming Account, you agree that such person is acting on your behalf and you are bound by their actions and activity whether with or without your knowledge or consent. Limitations may apply to restrict the number of assessable devices per account. We may disable your Yes Gaming Account if we reasonably believe or suspect it is being accessed by another person through unauthorised means.

5. Account Security

   You should take reasonable steps to maintain security and control of your account and the devices that are used to access Yes Gaming Services, including not to share your account information, password or other forms of authentication credentials associated with your account to anyone.

Subscription Terms

1. Subscription Fees

   Yes Gaming Services are offered on a subscription basis (e.g. monthly, annually or such other subscription period as YTLC may prescribe). All pricing information in relation to the subscription plans offered by YTLC or any changes thereto will be made available by publication on our website https://www.cloudgaming.my or such other means as YTLC may determine. You agree to pay the subscription fees based on the plans you have selected.

2. Taxes and Third Party Fees

   You agree to pay any applicable taxes and third party fees including mobile carrier fees, data plan charges, credit card fees, sales tax or service tax (SST) and any transaction fees in relation to your subscription.

3. Free Trial Services

   YTLC may in its sole discretion, provide certain services or upgraded versions that have been designated as “beta” ‘pilot’ ‘free-trial’ ‘preview’ ‘pre-release’ or other similar expressions at no charge. Such services or upgrades will only be for a specified trial period and may be subject to additional terms and conditions (as provided on registration) which will form part of this Agreement. Any free trial will be subject to Yes Gaming T&Cs, except as specified otherwise. Any future plans or information provided by YTLC is intended solely to outline general product direction and should not be relied on in making a purchasing decision.

4. Payment Information

   You must provide YTLC with true, accurate and complete information which include credit card/debit card details and your selected payment method, and authorise YTLC and the payment gateway service provider(s) to store or process your payment information for any subscription-based or fee-based products and/or services which you have selected.

5. Auto-billing

   Until you cancel your subscription, we will charge or debit your selected payment method at the beginning of each billing cycle. If any credit card/debit card is denied/rejected or payment unpaid, YTLC is entitled to suspend or terminate your access to and use of the Yes Gaming Services, and YTLC or the payment gateway service providers reserve the right to collect any subscription fees or applicable taxes and third party fees that are owing to YTLC or the payment gateway service providers to the extent permitted by law.

6. Refund

   Unless otherwise provided by law, all amount charged by YTLC and/or the payment gateway service provides are non-refundable, except to the extent refund request arises as the result of incorrect payment for example, if you have been charged for the wrong amount, double-billed or you did not receive the paid-services. Refund requests may be submitted following the instructions prescribed by YTLC for verification and YTL may issue refund, provided that (a) the refund request submission is received by YTLC within 3 days from the date of such charge, and (b) the paid-services have not been utilised by the registered subscriber. For the avoidance of doubt, no refund will be issued for partially utilised subscription of the Yes Gaming Services.

Using the Services

1. Limited Use Rights

   Unless otherwise stated, YTLC reserves all rights to and control over our Intellectual Property arising under or in connection to Yes Gaming Services. YTLC also retains all licensing rights that allow registered subscribers to access the Content through devices that support Yes Gaming Services and Content, such as mobile phones and tablets, computers, internet-connected TVs and other enabled devices with the required specifications as prescribed on the websites of YTLC or NVIDIA, as the case may be:

   1. YTLC grants registered subscribers with a limited, non-transferable, non-exclusive, revocable right to access and use Yes Gaming Services. Available Yes Gaming Services including the Content and features may vary depending on the geographical region or the device of the registered subscriber;
   2. YTLC reserves the right to revoke or modify any access and use of Yes Gaming Services, whether wholly or in parts, at any time; and
   3. YTLC reserves the right to monitor and measure the use of Yes Gaming Services by each registered subscribers, evaluate user interface or validate certain services, features and functionality.

2. YTLC may make third-party software and services available to you through your use of Yes Gaming Services. Any third-party software and services are subject to third-party licenses and third-party terms applicable to your use of Yes Gaming Services. The third-party terms that may be applicable to you are https://www.nvidia.com/en-us/geforce-now/terms-of-use/; Microsoft License Terms for YTLCs End User, which you are responsible for complying with them.

3. Prohibited Use

   You agree that the use of Yes Gaming Services is subject to the applicable legal notices and policies that are made available at https://www.cloudgaming.my/yes-terms-conditions/including without limitation, the Acceptable Use Policy. You may not and will not allow third parties to infringe any of our Intellectual Property or those owned by our partners, authorised vendors, service providers or licensors, including not to directly or indirectly, make copies, transfer, distribute or rent to any third party, modify, part or adapt any portion of Yes Gaming Services or software, reverse engineer, track, decompile, dissemble or attempt to discover within any software, the source code data representations or underlying processes. YTLC may restrict a registered subscriber’s access to and use of Yes Gaming Services if in YTLC’s opinion, such registered subscriber has negatively affected the operations of Yes Gaming Services and/or YTLC’s business or failed to comply with the Agreement.

Suspension, Cancellation and Changes

1. Security Threat

   We may suspend or discontinue your access to your account in order to investigate, curb or protect you, our company and/or Affiliates, our partners, authorised vendors, service providers or licensors, or other users from fraudulent activity, security threat, data breach, cybercrime or identity theft or other unlawful activity.

2. Cancellation

   You may cancel your subscription and terminate your use of Yes Gaming Services at any time. Cancellation or termination of your account does not relieve you of any payment obligation in respect of amount owing associated with your subscription and the services rendered to you.

3. Changes

   We reserve the right to modify, add or remove any feature (whether whole or partially) associated with Yes Gaming Services and Content without any liability to you.

Feedback

You may at your own discretion choose to provide us with suggestions, proposals, ideas or crash/bug report for Yes Gaming Services (“Feedback”). In such event, you agree that the Feedback are the property of YTLC and we are free to use it for our business purposes without any attribution, payment, compensation or other obligation to you. All Feedback are subject to the Acceptable Use Policy and you shall refrain from using foul language or acting in any manner that negatively degrade or disparage YTLC or NVIDIA.

Disclaimer

1. Except as expressly provided herein, none of us, our partners, authorised vendors, service providers, licensors or Affiliates, and the directors, officers, employees and agents of any of them make any warranty of any kind, whether express, implied, statutory or otherwise. We specifically disclaim all warranties in respect of merchantability or fitness for a particular purpose or non-infringement, to the extent permitted by Applicable Law.

2. You agree that Yes Gaming Services are provided ‘As Is-Where Is’ basis and subject to any non-excludable law and as may be expressly provided herein, we do not provide any representation, undertaking, warranty or guarantee in relation to such services, or the software and hardware that are used in association therewith, including:

   1. results or outcomes that will or may be achieved or obtained from the use of such services or from your reliance on Data and information, or the accuracy thereof, made available to you by us and on recommendations you received through your use of any services provided by us;
   2. access to and reliability of the services, software or hardware, data, telecommunications network or other means of connection including timeliness and availability;
   3. any third-party Data, information, instruction, direction, recommendation, representation or statement made available to you through your use of the services;
   4. freedom from error, malfunction, loss, theft, defect, hacking or tampering, unauthorised use, interference, delay or other problems or failures in any software or hardware used, network or connection services including uploading, downloading or transmission of any Data.

Liability

1. We do not assume responsibility, and shall not be liable for any compensation or claim with regards to injury, loss or damage sustained by registered subscribers or their equipment, property or asset as a result of their use of Yes Gaming Services, or if all or any part of the services (including free trial services) are incapable of running as planned, or have been disrupted or suspended, for whatever reason (including due to Malicious Code, Data loss or theft, error, malfunction, defect, hacking or tampering, unauthorised use, interference, delay or other problems or failures in any software or hardware used, network or connection services and/or causes beyond our control).

2. Consequential loss

   None of us, our vendors, suppliers, licensors, Affiliates, and the directors, officers, employees and agents or any of them will be responsible for amounts representing indirect loss, special loss, incidental or consequential loss, exemplary or punitive damages, including loss of business or opportunity arising from the performance or breach of any part of this Agreement.

3. Termination

   This Agreement takes effect as of the date of your account creation and continues until the date on which your account is terminated in accordance with this Yes Gaming T&Cs. Either party may terminate this Agreement at any time, with or without cause, upon delivery of a written notice to the other party. Upon termination, you will receive an email notification confirming that your access to Yes Gaming Services has terminated. YTLC or its Affiliates may retain, withhold or remove any Data or such other information made available or gained from you through your use of Yes Gaming Services.

Indemnity

You agree to indemnify and hold YTLC, its Affiliates or our partners and authorised vendors, service providers and licensors harmless from all loss or damages as a result from any infringement, legal violation or third-party claims, actions or proceedings related to your access, use (or misuse) of Yes Gaming Services, or any act or omission by you in breach of contract or tort in connection with this Agreement.

Export Control and Sanctions

All services that we make available to you, and software or hardware used in association therewith may be subject to export control and economic sanctions laws of relevant jurisdictions outside of Malaysia (“Export Control Laws”). You shall not use or access to our services, software or hardware in contrary to the applicable Export Control Laws. By using our services, software or hardware in association therewith, you represent that you are not located, resident, or using our services, software or hardware from a country subject to, or whose government is subject to the sanctions under Export Control Laws or United States sanctions.

General

1. Notices

   A general notice by YTLC which applies generally to all users of our services may be published on our website https://www.cloudgaming.my/yes-terms-conditions/ and is deemed to be given by us and received by you upon its publication. Other than the aforesaid, YTLC may give notice by (a) email to your email address on record in your account information, (b) by letter delivered by registered post to your address on record in your account information. You may give notice or written communication to YTLC by mail YTL Communications Sdn Bhd (Reg No. 200701035605 & 793634-V) 18th Floor, Menara YTL, 205 Jalan Bukit Bintang, 55100 Kuala Lumpur, Malaysia at or by email to yes5g@cloudgaming.my. 

2. Customer Support

   If you need any assistance with your account, please visit https://www.cloudgaming.my/contact-us on our website or contact us at yescare@yes.my.

3. Governing Law and Dispute Resolution

   This Agreement shall be governed by and construed in accordance with the laws of Malaysia, without giving effect to any choice of law or conflict of law of any other jurisdictions.

4. Surviving Provisions

   Clauses 1, 7, 8, 9, 10, 11 and 12 shall survive the expiry or termination of this Agreement.

5. Severability

   If any part of this Agreement shall be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of any other part or provision of this Agreement which shall remain in full force and effect.

6. Assignment

   You may not assign or transfer your rights under this Agreement to any party, and any purported assignment or transfer shall be null and void, and YTLC may at its discretion terminate this Agreement.

7. No Third-Party Rights

   This Agreement does not and is not intended to confer any enforceable rights or remedies upon any person other than YTLC and you.

Definitions

1. Affiliate means any person or business entity that directly or indirectly controls, is controlled by, or is under common control with a party, or is a successor (including by the holding of shares, possession of voting rights or other power conferred by constitution, deed or other agreements, by change of name, ownership or management, by merger, dissolution, consolidation, reorganisation, sale or disposition) to any such person or business entity or its business assets.
2. Agreement means the agreement between you and YTLC comprising this Yes Gaming T&Cs, applicable policies or other written agreements referred thereto, or any other terms as amended in writing and accepted by the parties from time to time.
3. Applicable Law means laws, statutes, by-laws, regulations, ordinances, codes, rules, rulings, guidelines, judgments, rules of common law, orders, decrees or any form of decisions, determinations or requirements of or made by a government authority, which apply in the jurisdiction in which we operate and provide Yes Gaming Services.
4. Content means all graphics, text, digital content, user interfaces, trademarks, logo, artworks, designs, ‘look-and-feel’ structures/arrangements, style selection, tone, audio, music, video footage, animation, games, computer codes and other materials.
5. Data means recorded information, regardless of form or media on which it may be recorded, and includes technical data and computer programs, codes, reports, surveys, questionnaires and analyses.
6. Intellectual Property means all trademarks, service marks, logos, get-ups, trade names, internet domain names and internet locators referenced via any specific uniform resource locator, patents, rights in designs, copyright (including rights in computer software) and moral rights, database rights, business processes, semi-conductor topography rights, integrated circuit layout design rights, network architecture, rights in know-how, inventions, formats, and rights in Confidentially Information and other intellectual property, in each case whether registered or unregistered (and including applications for registration), and all rights or forms of protection having equivalent or similar effect anywhere in the world and for the full duration of such rights (including any extensions and renewal and rights of priority) and all applications and rights to apply for the protection of any of the foregoing rights.
7. Malicious Code means computer code or instructions that have a material adverse effect on the operation, security or integrity of the Yes Gaming Services, and software or hardware in association therewith, or Data including without limitation to viruses, Trojan horses, malware, worms, undisclosed back door devices or other harmful software.
8. NVIDIA means NVIDIA Corporation.
9. YTLC means YTL Communications Sdn Bhd.
10. Yes Gaming Account means an account which enable you to sign-in to websites, Yes Gaming Services and Content provided by YTLC and/or NVIDIA, as the case may be.
11. Yes Gaming Services means NVIDIA’s cloud gaming services hosted by YTLC, and other related services, products, Content, applications, software or interactive services provided by YTLC, our partners or authorised vendors, service providers or licensors.