1. DigiLIVE Zero is only available to Digi Prepaid and Digi Postpaid subscribers ("the Subscribers").
2. Access to DigiLIVE Zero is made available for FREE via OPERA MINI browser ("OPERA MINI") ONLY by Digi from 17 November 2011 onwards until otherwise stipulated by Digi.
3. DigiLIVE Zero is free of charge for Subscribers who access it from their mobile phones using OPERA MINI ONLY. Digi shall not provide any refund to the Subscribers for charges incurred if Subscribers access DigiLIVE Zero using other Internet browsers.
4. The Subscribers can access DigiLIVE Zero through here, here or here from their mobile phones. In addition to the terms and conditions herein, warranties and terms provided by Digi shall govern its usage.
5. Internet charges do not apply when the Subscribers browse Digi's selected sites ("Zero Sites") on DigiLIVE Zero via OPERA MINI. For avoidance of doubt, the Subscriber shall be charged for Internet usage according to their current Internet plan for browsing such Zero Sites on other browsers. Digi has no obligation to refund such Subscribers for any cost incurred by the Subscribers nor is Digi obligated to warn such Subscribers of such charges.
6. It must be emphasised that if the Subscriber accesses another site/URL or chooses to browse pictures, images or videos (even on OPERA MINI) that are not within the Zero Sites URL domain, the Subscribers shall be charged for Internet usage according to their current Internet plan. Digi has no obligation to refund such Subscribers for any cost incurred by the Subscribers nor is Digi obligated to warn such Subscribers of such charges.
7. Digi reserves the sole and absolute rights to cease, alter or suspend the provision of DigiLIVE Zero anytime without prior notice based on its sole and absolute discretion. For the avoidance of doubt, such alteration, cancellation, termination or suspension by Digi does not entitle the Subscribers to any claim or compensation against Digi (in cash or in kind) for any and all loss or damage suffered or incurred by the Subscribers as a direct or indirect result of the act of alteration, cancellation, termination or suspension.
8. Digi does not hold responsibility nor will it be liable to any party for any charges or losses incurred by using DigiLIVE Zero due to unforeseen circumstances or technical glitches nor shall it bear responsibility from errors in charging due to Digi’s configuration or technical fault or any other consequences resulting from acts, omission or negligence of parties other than Digi.
9. Even though DigiLIVE Zero is provided free of charge, Digi Prepaid subscribers using DigiLIVE Zero will utilise the freebies in their Internet freebie account if they have free Internet (in unit of Kilobytes (KB)) in their Internet freebie account. Digi shall not compensate the Subscriber in any way for loss of such freebie usage.
10. In the event of the Subscriber lodging complains that he/she is charged for accessing DigiLIVE Zero, Digi shall further investigate on the claim and provide the necessary feedback to the Subscriber. However, Digi shall not guarantee or warrant a refund. Decision and conclusion from the investigation or troubleshooting is final and non-debatable.
11. Digi reserves the right to take any necessary actions including termination of the Subscriber from the Service and legal action if the Subscribers attempt to abuse this service or for any other reason. The Subscribers agree that Digi shall not be responsible if the Subscribers’ usage of their line and/or the DigiLIVE Zero is terminated or suspended due to such abuse or the Subscriber is charged for such usage.
12. Digi shall not be liable for any damages or loss incurred by any party due to the use of DigiLIVE Zero (including without limitation loss of income, profits or goodwill, direct or indirect, incidental, consequential, exemplary, punitive or special damages of any party including third parties) howsoever arising whether in contract, tort, negligence or otherwise, in connection with the use of DigiLIVE Zero, even if Digi has been advised of the possibility of such damages in advance, and all such damages are expressly excluded. The Subscriber agrees to indemnify and keep Digi harmless from any claims brought forward by any third party caused by the acts or omission of the Subscribers.
13. To the fullest extent permitted by law, Digi hereby expressly excludes and disclaims any representations, warranties, or endorsements, express or implied, written or oral, including but not limited to, any warranty of quality, merchantability or fitness for a particular purpose in respect of DigiLIVE Zero.
14. Digi shall not be liable for any default due to any act of God, war, riot, strike, lockout, industrial action, fire, flood, drought, storm or any event beyond the reasonable control of Digi.
15. Digi reserves the absolute right to change the above terms and conditions anytime without prior notice.
16. By using DigiLIVE Zero, subscribers agree that they are bound to the above terms and conditions and irrevocably and unconditionally undertake to fully absolve Digi of all liabilities and agree to indemnify Digi (on full indemnity basis) and hold Digi harmless against any claim by any third party and against any loss, damage, cost or expense (including solicitors' fees and cost) that Digi may suffer or incur as a result of or in connection with the use of DigiLIVE Zero.
17. Digi and its respective parent companies, affiliates, subsidiaries, licensees, directors, officers, agents, independent contractors, advertising, promotion, and fulfilment agencies, and legal advisors are not responsible for and shall not be liable for:
- telephone, electronic, hardware or software program, network, Internet, server or computer malfunctions, failures, interruptions, miscommunications or difficulties of any kind, whether human, mechanical or electrical, including, without limitation to, the incorrect or inaccurate capture of entry information online;
- late, lost, delayed, misdirected, incomplete, illegible or unintelligible e-mails;
- failed, incomplete, lost, garbled, jumbled, interrupted, unavailable or delayed computer transmissions;
- any condition caused by events beyond the control of Digi that may cause the use of DigiLIVE Zero to be disrupted or corrupted;
- any injuries, losses, or damages of any kind arising in connection with or as a result of the use of DigiLIVE Zero;
- any printing or typographical errors in any materials associated with the use of DigiLIVE Zero;
- any claims by third party for infringement of intellectual property rights.
18. A failure by Digi to enforce any of these Terms and Conditions in any instance(s) will not give rise to any claim by any person.
19. All other Terms and Conditions governing the use of any of Digi's mobile telecommunication services shall apply herein mutatis mutandis.