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These terms and conditions govern the use of the Value-Added Services (VAS) provided by DiGi and subscribed to by the Customer (hereinafter collectively referred to as "Communication Services") which enable the Customer to access and use the additional functionalities, network services, information, data, content, interactive applications and/or services over the internet and/or other networks, as the case may be.
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The ability of the Customer to access and use additional functionalities, network services, information, data, content, interactive applications and/or services is dependent on: |
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- The features and functionality of a Customer's Mobile Telephone; and/or
- The nature or quality of the information being accessed.
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DiGi does not represent, warrant or guarantee that the Communication Services shall be error free and that the Customer's hardware, software or any equipment used to access and use the Communication Services including the Customer's Mobile Telephone will be able to access information, data, content, interactive applications and/or services (hereinafter collectively referred to as "the information") on the Internet or elsewhere.
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The Customer agrees that DiGi shall not be responsible or liable for any loss caused or damage incurred or suffered by the Customer or any other person by reason of or arising from or as a consequence of using the Communication Services, or the Customer's inability to access or use, the Communication Services, the information available via the Communication Services or arising out of any action taken in response to or as a result of any information available via the Communication Services.
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Content may only be accessed using the Communication Services if all necessary pre-conditions imposed by the content provider are met.
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The Customer agrees that the Customer:
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- is responsible for all equipment and software necessary to use the Communication Services as well as for the security and the integrity of the Customer's data;
- uses the Communication Services accepting full risk and responsibility in doing so;
- acknowledges that DiGi does not check the content or information available from the Communication Services or the Internet and that DiGi is not liable for loss or damaged suffered by the Customer or any other person as a result of using the information obtained using the Communication Services or the Internet, including, but not limited to, any damage to, or loss of, data caused by virus or similar program;
- will not use the Communication Services for activities which breach any law, infringe a third party's right, or breach any statement, content requirement or code promulgated by any relevant authority including activities which will require DiGi to take remedial action under any applicable industry code or in a way which interferes with other users or defames, harasses, menaces, restricts or inhibits any other user from using or enjoying the Communication Services or the Internet;
- is responsible for obtaining advise about whether the Customer's use of the Communication Services or the Internet involves activities which breach any law, infringe a third party's right, or breach any standard, content requirement or code promulgated by any relevant authority.
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Customers may access information and services using the Communication Services or other means.
It is a condition of access to such information that the Customer: |
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- acknowledge that the Communication Services are not moderated, and that DiGi does not control any forums;
- acknowledge that DiGi is not under any obligation to monitor or censor the material generated by users of Communication Services, however it reserves the right to do so.
- acknowledge that DiGi is not responsible for the Communication Services' content (even if co-branded and/or promoted by DiGi);
- acknowledge that any view expressed are not necessarily those of DiGi;
- agrees not to make lewd, obscene, threatening, abusive or defamatory remarks or incite hatred to any other person or group;
- agrees not to abuse, harass, threaten or embarrass any other person or interfere with the operation of Communication Services or interfere with the enjoyment of the Communication Services by other people;
- agrees not to post or transmit any material of any kind which contains a virus or other harmful components;
- must not delete any author acknowledgement, legal notice or proprietary designation or label in any file that is uploaded;
- must not download any file posted by any other user of a Communication Service if the Customer knows, or reasonably ought to know, that the file cannot legally be distributed in such manner;
- grants to DiGi an irrevocable, world-wide, royalty fee license to copy and adapt any material the Subscriber generates through use of the Communication Services to the extent necessary to provide the Communication Services, or to promote the Communication Services or any other service of DiGi; and
- release DiGi from any and all liability in connection with Communication Services, including for any failure to provide the Communication Services.
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Customer may terminate any of the VAS subscribed to or a combination thereof. In doing so, the Customer agrees and acknowledges that the Customer shall be wholly liable for all the Monthly Fees applicable in respect of the said VAS terminated up to the date of such termination, wherein for the month of termination, the said Monthly Fee(s) applicable shall be pro-rated. In addition, the Customer also agrees to be liable for any other charge, which DiGi may, at its sole discretion, levy upon the Customer for the same.
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DiGi reserves the sole and exclusive right to withdraw any Communication Service(s) at any time without notice. |
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