1. Facebook Zero ("FB ZERO") is available only to Digi Prepaid™ and Digi Postpaid™ (hereinafter collectively described as the "Subscribers" and each a "Subscriber").
2. FB ZERO is a text-only version of the standard Facebook Mobile site. Subscribers are able to view all text content, but images and videos have been removed from this site.
3. FB ZERO is free of charge for Subscribers who access it from their mobile phones using ONLY DigiWap APN on Opera Mini. Digi shall not provide refunds in any form to Subscribers that incur charges from accessing FB ZERO through other browsers or channels.
4. Subscribers can access FB ZERO from their mobiles phones here (hereinafter collectively described as the "FB ZERO Site"). In addition to the terms and conditions herein, warranties and terms provided by Facebook shall govern the use of the FB ZERO Site.
5. Should Subscribers choose to browse content not contained within a FB ZERO Site, such as pictures, images or video, they will be prompted with a notice that by navigating out of the FB ZERO Site, they will accrue normal data charges according to their current Internet plan.
6. It must be emphasized that Facebook Mobile is NOT a free site and normal Internet charges shall apply. Browsing is chargeable as it is a full Facebook mobile site complete with pictures, images and video links.
7. Access to FB ZERO is made available for FREE by Digi from 1st June 2010 onwards until otherwise stipulated by Digi.
8. Digi reserves the sole and absolute rights to cease, alter or suspend the provision of FB 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 Subscribers as a direct or indirect result of the act of alteration, cancellation, termination or suspension.
9. Digi does not hold responsibility for and/or will not be liable to any party for any charges or losses incurred by using FB ZERO due to unforeseen circumstances or technical glitches nor shall it bear responsibility from errors in charging due to Facebook's configuration or technical fault or any other consequences resulting from acts, omission or negligence of parties other than Digi.
10. For Digi Prepaid™ subscribers, even though FB ZERO is provided free of charge, using FB ZERO will utilize the freebies in their Internet freebie account if they have free Internet (in unit of Kilobytes (KB)). Digi shall not compensate the Subscriber in anyway for loss of such freebie usage.
11. In the event that a Subscriber lodges a complaint about being charged for accessing FB ZERO, Digi shall further investigate the claim and provide necessary feedbacks to the Subscriber. However, Digi shall not guarantee or warrant a refund. All decisions and conclusions from the investigation or troubleshooting are final and non-debatable.
12. FB ZERO is provided with the sole intention of giving Subscribers an opportunity to try out the service for free and to encourage users to use Internet on their phones as a way of education and awareness of the social networking facility. It is not intended to mislead Subscribers into thinking that all Facebook sites are free on the mobile. The Subscribers agree that Internet charges shall apply if they are trying to browse beyond the FB ZERO scope provided above.
13. Digi reserves the right to take any necessary actions including legal action if the Subscribers attempt to abuse this service. The Subscribers agree that Digi shall not be responsible if the Subscribers’ usage of their line and/or FB ZERO is terminated or suspended due to such abuse or the Subscriber is charged for such usage.
14. Digi shall not be liable for any damages or loss incurred by any party due to the use of FB ZERO (including, without limitation to, 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 FB ZERO, even if Digi has been advised of the possibility of such damages in advance, and all such damages are expressly excluded. The Subscribers 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.
15. 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 FB ZERO.
16. 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.
17. Digi reserves the absolute right to change the above terms and conditions anytime without prior notice.
18. By using FB 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 FB ZERO.
19. Digi and its respective parent companies, affiliates, subsidiaries, licensees, directors, officers, agents, independent contractors, advertising, promotion, and fulfillment 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 FB 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 ZERO; or
- any printing or typographical errors in any materials associated with the use of ZERO;
- any claims by third party for infringement of intellectual property rights.
20. 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.
21. All other Terms and Conditions governing the use of any of Digi's mobile telecommunication services shall apply herein mutatis mutandis.