1. What is a 5G enabled Smart Ambulance?

   To be under surveillance and can provide therapy and treatment remotely by communicating with the hospital and provide necessary treatment until the arrival of the patient to the hospital by utilizing the 5G connectivity.

2. What is 5G?

   5G is the 5th generation mobile network. 5G wireless technology is meant to deliver higher multi-Gbps peak data speeds, ultra-low latency, more reliability, massive network capacity, increased availability, and a more uniform user experience to more users.

3. Why you need Smart Ambulance?

   It allows to connect a patient and an ambulance crew at an accident scene or in transit with the awaiting emergency department team at the destination hospital seamlessly so as to improve the rescue rate of patients.

Celcom’s Smart Ambulance (“Smart Ambulance”) is made available by Celcom to the Customer subject to these specific terms and conditions for the Smart Ambulance (“STC for Service”) which shall be read together with the General Terms and Conditions for Celcom Enterprise Services (“GTC”) published on Celcom’s Website as of the Effective Date (as defined herein). Nothing in this STC shall be construed as limiting any other rights Celcom may have under the Agreement unless specifically stated otherwise. This Agreement shall come into effect on the date of execution of the SAF by Parties (“Effective Date”) and shall continue to be in force until terminated or expires under the Terms and Conditions (“Term”). The Customer may refer to the frequently asked questions (“FAQ’s“) at https://www.celcom.com.my/support/faq.

1. Definitions

   In this Celcom’s Smart Ambulance STC, unless the context otherwise requires, the capitalized terms have the meanings assigned to them below and in the GTC.

   “Commencement Date” means the date of Activation of the Service as notified by Celcom to the Customer;

   “Smart Ambulance” refers to the onboard cameras provided by the Service Provider which includes a monitoring platform, related hardware and software, related products, add-ons including but not limited to High definition camera, bodycamera or Fleet Management System utilized with the Service via Celcom’s SIM Card for the fleet tracking management offered under Celcom’s Fleet Management Solution which shall be subject to additional cost

   “Service” means support and services undertaken by Service Provider on the Smart Ambulance subscribed by the Customer;

   “Service Provider” means the Smart Ambulance Provider which provides the cameras and the Service; and

   “User”refers to any person nominated and authorized by the Customer to use the Service.

2. Period of Agreement

   1. The Customer agrees to subscribe to the Service for Smart Ambulance for a minimum subscription period as specified in the SAF (“Minimum Subscription Period”). Upon expiry of the Minimum Subscription Period and provided that the Customer is not in breach of any terms of the Terms and Conditions, subscription to the Service for Smart Ambulance may be renewed for subsequent periods of one (1) year each (“Extended Subscription Period”) subject to the Terms and Conditions or any additional terms which may be imposed by Celcom.

3. Provision of Service

   1. The Service is provided by Service Provider and shall remain the property of the Service Provider at all times and shall be collected by the Service Provider at the expiry of the subscription period or termination thereof. The Service Provider’s details will be provided by Celcom to the Customer upon the register of interest.

   2. The Service is made available to both Celcom subscribers and non-subscribers in the corporate industry.

   3. The Customer may refer to Celcom’s account managers for more information regarding the Service and to subscribe to the Service.

   4. Upon the Customer’s application, Celcom will submit the Customer’s application to Service Provider for registration purposes. The Customer will be contacted by Celcom on approval status (“Notification”). Celcom reserves the right to use any method or medium it deems fit at its sole and absolute discretion for Notification.

   5. Celcom reserves the right to not accept the Customer’s application for the Service by issuing the Customer a notice for the failure to provide Celcom with the information requested by Celcom.

   6. The Customer will be notified on arrangement of the installation of the hardwares by the Service Provider.

   7. Celcom does not store any sensitive nor Personal Data concerning the Service except for the Customer’s registration details.

   8. The provision, receipt, and use of the Service are non-exclusive and Parties may enter into similar arrangements with third parties.

   9. Service provided to the Customer is neither transferrable nor exchangeable for cash.

   10. The Customer acknowledges that the Service may be subject to additional terms and conditions as determined solely by the Service Provider.

   11. Service shall commence on the date upon the Acceptance Test have been successfully completed to demonstrate that the mutually agreed requirements and functional specifications and the Service is ready for use.

4. Fees, Charges, and Payment

   1. There is upfront payment required upon registration.

   2. The Customer shall pay the monthly subscription fee and any additional fee(s) for additional features or any charges as imposed by the Service Provider on the subscription, if any, (“Subscription Fees”) and Applicable Taxes imposed by applicable laws for the Service whether or not the Customer uses the Service.

   3. The total amount of Subscription Fees payable by the Customer depends on the type of subscription as specified in the SAF.

   4. In the event of termination of the Agreement, the Customer’s deposit (if any is collected) shall not be refunded by Celcom but shall be applied to set off any outstanding amount due from the Customer.

   5. The Customer will be provided with itemized billing for the Service. The Subscription Fees shall be paid by the Customer to Celcom within thirty (30) days from the date of Invoice from Celcom.

5. Hardware and Warranty

   1. The hardware provided by the Service Provider to the Customer. The Customer’s use of the hardware is governed by the terms and conditions set by this Smart Ambulance STC, the GTC, and where applicable, other terms as may be imposed by the Service Provider. The Customer is required to check with Service Provider for all applicable terms and conditions imposed before subscription.

   2. Service warranty and any related matter on the Service shall be between the Customer and the Service Provider. Celcom owes no warranty obligations towards the Customer and shall not be liable for any claims in relation thereto.

   3. Celcom does not warrant that the Customer’s use of the Service will be error-free, uninterrupted, available at all times or that is safe against any possible security threat.

   4. Celcom disclaims any liability to the Smart Ambulance hardware including for any faulty or damaged hardware received by the Customer.

6. Restrictions on Use of Service

   1. The Customer may not lease, sub-license, transfer, loan or assign the license and rights to use the Service to any third party without Celcom and the Service Provider’s written consent. Celcom holds no responsibility and liability for use of the Service by any unauthorized user in the event the Customer allows any third party to use the Service.

   2. The Customer will not have any right, title, or interest in the Service apart from the right to use the Service under the Terms and Conditions.

   3. The Customer shall not:

      1. carry out or permit to be carried out any additions, modifications, improvements, adjustments, or replacement to the Service without the prior written consent of the Service Provider;

      2. use the Smart Ambulance hardware in a way that allows the Customer to circumvent or disable features or technology used in the Smart Ambulance unless Service Provider specifically allows the Customer to;

      3. decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for any part of the Smart Ambulance hardware;

      4. engage in any activity, outside of what is permitted by the Smart Ambulance, that otherwise interferes with the use and enjoyment of the Smart Ambulance by others;

      5. violate Celcom’s or any other persons’ or entities’ rights (including Intellectual Property Rights and other proprietary rights);

      6. temper with, misuse, reverse engineer, or damage the Smart Ambulance hardware forming Part of the Service; and

      7. use or attempt to use the Service or Smart Ambulance in any way or for any purpose other than what is originally intended.

7. Customer’s Responsibilities and Obligations

   1. In addition to other responsibilities and obligations specified in the Terms and Conditions, the Customer agrees, undertakes, and acknowledges that:

      1. the use of the Service is further subject to the terms and conditions and any other applicable terms and conditions set by the Service Provider governing the use of the Service;

      2. the Customer shall be solely responsible for the Personal Data and Sensitive Data (as defined in the PDPA) if any is applicable, of the Customer and any third party disclosed, shared, or stored using the Service;

      3. the custody and control of the Service and hardware installed in Ambulance shall at all times be with the Customer;

      4. the Customer shall be responsible to obtain and maintain all licenses, permits, consents, authorisations, and rights required for the use of the Service at Customer’s own expense;

      5. the Customer is responsible for the use of the Service and any liability arising from the content (if applicable) which the Customer disseminates through the Service if any. The Customer will indemnify Celcom for any loss and claims arising from such use and liability on the content; and

      6. the Customer shall promptly lodge a report with Celcom upon discovery of any fraud, theft, unauthorized use or unlawful activities carried out using the Service.

8. Celcom’s Rights

   1. Without limiting the other rights Celcom may have under the Agreement, Celcom hereby reserves the right to provide any information concerning the Service and use of the Smart Ambulance by the Customer to the law enforcement agencies as and when required and/or requested by any lawful, regulatory, governmental or statutory authority.

9. Limitation of Liability

   1. Pursuant to the nature of the Service which is provided by a third party, and not in derogation of the Terms and Conditions, Celcom excludes any liability and responsibility related to the Service and this Agreement in contract, tort (including negligence or breach of statutory duty) and/or otherwise.

   2. For clarity, Celcom shall not be liable and shall not be responsible for any loss, damage, liability, or expenses arising from claims of any nature including but not limited to cyber security threats, invasion of privacy, infringement of Intellectual Property Rights and breach of any laws or regulations arising from the use of, and reliance on the Service by either the Customer or the Users.

   3. Celcom does not control or endorse the content, messages, or information found in the Service and Celcom hereby disclaims any liability arising therefrom.

   4. Nothing in the Agreement will limit or exclude the Customer’s liability to (a) Customer’s fraud, fraudulent misrepresentation, gross negligence, violation of applicable laws, or wilful default; (b) Customer’s indemnity obligations; and (c) Customer’s payment obligations under this Terms and Conditions on the use of the Smart Ambulance Service.

   5. Risk passes to the Customer immediately upon activation of the Service.

10. Limitation of Liability

    1. Pursuant to the nature of the Service which is provided by a third party, and not in derogation of the Terms and Conditions, Celcom excludes any liability and responsibility related to the Service and this Agreement in contract, tort (including negligence or breach of statutory duty) and/or otherwise.

    2. For clarity, Celcom shall not be liable and shall not be responsible for any loss, damage, liability, or expenses arising from claims of any nature including but not limited to cyber security threats, invasion of privacy, infringement of Intellectual Property Rights and breach of any laws or regulations arising from the use of, and reliance on the Service by either the Customer or the Users.

    3. Celcom does not control or endorse the content, messages, or information found in the Service and Celcom hereby disclaims any liability arising therefrom.

    4. Nothing in the Agreement will limit or exclude the Customer’s liability to (a) Customer’s fraud, fraudulent misrepresentation, gross negligence, violation of applicable laws, or wilful default; (b) Customer’s indemnity obligations; and (c) Customer’s payment obligations under this Terms and Conditions on the use of the Smart Ambulance Service.

    5. Risk passes to the Customer immediately upon activation of the Service.

11. Disclaimer of Liability against the Customer

    1. Celcom will not be responsible or liable for any claims by the Customers or any third party arising from the act, omission, or negligence by the Customer or by the Service Provider to the Smart Ambulance and Service.

    2. Celcom shall not be liable to pay any compensation in the event of any failure to provide the Service arising from any cause, including but not limited to, the followings: (a) failure caused by the Smart Ambulance applications, platform, interconnected equipment, networks, systems, internet connection or gateways; and/or (b) the Customer’s or the Service Provider’s acts, negligence, or omissions or that of the Customer’s or that of the Service Provider’s employees, sub-contractors, servants and agents.

12. Disclaimer of Liability against the Customer

    1. Without limiting other rights Celcom may have under this Agreement, Celcom may suspend immediately, in whole or in part, with or without notice, the Service if:

       1. the Customer does not comply with any instructions or directives issued by Celcom from time to time in compliance with the relevant laws; or

       2. the Customer or any of its agents, officers, directors, or employees has committed any act or omission which may adversely affect Celcom.

13. Termination

    1. Either Party shall be entitled to terminate this Agreement by giving at least thirty (30) days prior written notice to the other Party without assigning any reason whatsoever. Celcom shall not be liable for any compensation and damages towards the Customer in the event Celcom exercises its right to terminate for convenience under the Terms and Conditions.

    2. Termination of Service for Smart Ambulance before the expiry of its respective Minimum Subscription Period shall be subject to the Termination Fee as specified in the SAF.

    3. The Agreement will be deemed terminated in the event all existing Service for Smart Ambulance is terminated either by Celcom or the Customer for any reason whatsoever.

    4. Upon termination of this Agreement: (a) the Customer’s access to the Service shall immediately cease; (b) the Customer shall be responsible for immediately settling all outstanding amounts due to Celcom with the Agreement incurred up to the date of such termination; (c) there will be no refund of any Subscription Fees duly paid by the Customer; (d) the Customer shall cooperate with Service Provider for the return of all the hardware inside the Ambulance to Service.

14. Maintenance Support and Problem Reporting

    1. For any complaints or queries, Customer may contact our dedicated customer service email at support@celcom.com.my.

15. Amendments

    1. Celcom reserves the right to vary or amend the terms of this STC with notice to the Customer.

16. ANTI-BRIBERY AND ANTI-CORRUPTION

    1. The Customer shall comply with Celcom’s Anti-Bribery and Anti-Corruption (“ABAC”) Policy and ABAC Terms and Conditions (“ABAC T&C”) as published on Celcom’s website at https://www.celcom.com.my/about-celcom/governance or other uniform resource locators (“URL”) as communicated by Celcom from time to time. Reference to ‘Counterparty’ in the ABAC T&C shall refer to the Customer In the event of any inconsistency between the provisions of the ABAC T&C and the provisions of this Agreement, the former shall prevail to the extent of such inconsistency.