| 1 |
General |
| 1.1 |
In this section, the Service refers to the DiGi Podcast service provided by DiGi Telecommunications Sdn Bhd (Company No. 201283-M) ("DiGi") which may be published and updated from time to time in DiGi's website www.digi.com.my |
| 1.2 |
The Service is open to all subscribers of DiGi (hereinafter referred to as "You") including the distributors, dealers, music publishers and advertising agencies (and their immediate families) of DiGi are allowed to use the DiGi Podcast Service. |
| 1.3 |
Your access and use of the Service shall also be subject to the terms and conditions which govern the Value Add Services, Postpaid Services and Prepaid Services. |
| 1.4 |
The effective date of the Service is 28th September, 2007 and may be varied at DiGi's sole discretion without any prior notice to You. |
| 1.5 |
Unless otherwise specifically waived by DiGi, the Customer will be charged for the subscription and usage of the Service. This value excludes any delayed charges and the total usage determined by DiGi is final and no correspondence shall be entertained. |
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| 2 |
Services |
| 2.1 |
This is a service whereby the subscribers of DiGi may view/or listen to video, audio and news clip and information (in text) (commonly known as RSS) feeds syndicated using the podcast method enabled by DiGi and its partners to DiGi's subscribers |
| 2.2 |
By using the Service, You acknowledge and agree that DiGi is not responsible for the accuracy of information provided by any third party WEB or WAP site via the Service. DiGi shall update the content as and when a specific content is available in the world wide web (Internet). |
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| 3 |
Billing For Prepaid |
| 3.1 |
As prepaid subscribers, You must ensure that You have sufficient air time credit in order to constantly access the Service. DiGi shall not be liable for any loss/damage/cost or expense arising from your failure to do so. |
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| 4 |
Billing For Postpaid |
| 4.1 |
You shall promptly pay the charges and fees for data usage as may be imposed by DiGi and any increase in such fees and charges from time to time. |
| 4.2 |
Notwithstanding the above, DiGi reserves the right to bar your usage of the Service in the event your Service usage has exceeded the credit limit and/or the maximum charge allowable under the same billing period. |
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| 5 |
Compliance With Existing Terms and Conditions and Relevant Laws |
| 5.1 |
You, as the subscriber using the Service, shall be subjected to the Terms and Conditions which governs the use of the Value Added Services, Postpaid and Prepaid terms and conditions and/or any other additional terms and conditions, guidelines or rules applicable to the Service which are and/or may be set out in www.digi.com.my from time to time. All such terms and conditions, guidelines or rules are hereby incorporated by reference into this Terms and Conditions. |
| 5.2 |
You shall comply with the requirements of Malaysian law, including but not limited to the Content Code. DiGi will have the right to suspend/bar and or terminate your access to the Service in the event You contravene the said requirements. |
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| 6 |
Limitation of Liability |
| 6.1 |
DiGi shall not be liable in any manner whatsoever to any party for any claim, proceeding, loss, damage, cost or expense of any kind whatsoever suffered or incurred as a direct or indirect result of the utilisation of the Service. |
| 6.2 |
By using the Service, You agree to be bound by these Terms and Conditions. |
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| 7 |
Charges |
| 7.1 |
Unless otherwise specifically waived by DiGi, the cost of using the Service is RM3.00 per day and RM6.00 per month and is chargeable on a daily or monthly basis according to the package You subscribed to which will be billed into your monthly official bill statement. For DiGi Prepaid customers, the cost will be deducted automatically from your Account. |
| 7.2 |
Your monthly subscription (applicable to both Postpaid and Prepaid subscribers) will be automatically renewed upon its expiry date. However, there won't be charges imposed on the usage of GPRS for streaming the video and/or audio contents provided in this Service. |
| 7.3 |
Browsing and surfing the WAP site shall be charged as per current GPRS data charges or data plan that you are currently subscribed to. |
| 7.4 |
You are advised to check against the specific details of the Service to ascertain the exact charges applicable. |
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| 8 |
Payment |
| 8.1 |
You hereby agree to promptly pay all amounts due to DiGi as reflected in the subscriber's official bill statement and for all charges arisen from the subscriber's usage of the Service. |
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| 9 |
Intellectual Property Rights |
| 9.1 |
All trademarks, service marks, trade names, domain names, slogans, logos, and other indicia of origin that appear on or in connection with the Service are the property of DiGi or any other third party associated with the Service and/or its affiliates, licensors and/or licensees. You may not copy, display or use any of these marks without prior written permission of the mark owner. |
| 9.2 |
You shall NOT use the Service and its content for commercial purposes or infringe the intellectual property rights
of others. |
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| 10 |
Termination and Suspension |
| 10.1 |
DiGi reserves the right to cancel, withdraw, terminate or suspend the Service for any reason whatsoever at its sole discretion without notifying You. You hereby agree that DiGi shall not be liable to You or to any other party for such cancellation, withdrawal, termination or suspension. |
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| 11 |
Others |
| 11.1 |
DiGi acknowledges that certain information obtained from You as a result of providing the Service is your personal information and confirms this data will be managed in accordance with our publicly available Privacy Statement. By using the Service, You hereby acknowledge and agree that DiGi may store and/or disclose any such content, messages, material or information, provided by You to a third party at DiGi's sole discretion. |
| 11.2 |
Availability of Service is subject to many factors outside of DiGi's control. DiGi does not warrant that the Service will be secure or error free. You will use the Service entirely at your own risk |
| 11.3 |
DiGi shall not be responsible for any loss, expense or damage of any kind of whatsoever suffered or incurred by You as a result of use of the Service. |
| 11.4 |
You shall not infringe intellectual properties or other third party rights. |
| 11.5 |
All or any part of the Service may be modified, withdrawn or supplemented by DiGi unilaterally at any time without any prior notice to the Customer. |
| 11.6 |
DiGi reserves the absolute right, without any liability, at any time, to change or alter any part of the Service (including discontinuing the Service) and/or the pricing structure of the Service at any time without any prior notice to the Customer. |
| 11.7 |
The Service is subject to network limitations and availability. |
| 11.8 |
DiGi does not warrant the performance or suitability of the Customer's mobile device in using the Service. |
| 11.9 |
DiGi does not warrant the timeliness, accuracy and usability of the Service or that the Service will be error free. In the event DiGi and/or its partners in providing this Service receives a complaint and/or it has come to their knowledge that the Content is infringing the laws of Malaysia, the said Content shall be removed within a reasonable time frame. |
| 11.10 |
DiGi reserves the right to vary, add or amend any of these Terms and Conditions without giving any prior notice. |
| 11.11 |
In addition to these Terms and Conditions, instructions and methods of using the Service is set out in www.digi.com.my. |
