1. The iflix 60 days full access –sponsored by Digi (the "Promotion") is a promotion by Digi Telecommunications Sdn Bhd ("Digi") which allows Digi Subscribers access to the iflix service with no subscription fee for 60 days from the subscription date.
2. This Promotion is governed by the terms and conditions stated herein and any subsequent accompanying promotion details (if any) as provided by Digi (collectively referred to as the "Terms") and all applicable Terms and Conditions including but not limited to Digi's Privacy Statement and Data Protection Obligations found on Digi's website (collectively referred to as the "Terms"). Each Eligible Subscriber agrees that he/she has read and understood the Terms and by their participation herein, each participant agrees to be bound by the Terms.
3. The Promotion commences on 2 September 2015 at 12.00am until further notice ("the duration of Promotion"). Notwithstanding the above, Digi reserves the right in its sole and absolute discretion to vary, change, postpone or re-schedule the said duration of Promotion with no prior notice.
4. Promotion Eligibility:
This Promotion is eligible to all Digi subscribers, whether prepaid or postpaid ("Eligible Subscriber"). However each phone line (whether prepaid or postpaid) is only entitled to subscribe one (1) time to this Promotion).
5. Promotion Mechanics:
a. A "SMS" will be sent to the Eligible Subscriber with a guide on how to subscribe to the Promotion. For Eligible Subscriber who do not receive the "SMS", such Eligible Subscriber can indicate his/her interest in the Promotion by sending the keyword "ON IFLIX" to 20000 ("IFLIX SMS") and a normal SMS charge of RM0.15 (excluding 6% GST) will be incurred by the Eligible Subscriber. In any case, Eligible Subscriber may visit Digi's website at https://www.digi.com.my/lifestyle/play/video to subscribe to the Promotion.
b. Upon successful subscription of the Promotion, the Eligible Subscriber will be granted the Promotion for 60 days.
c. Normal monthly subscription charges as stipulated from the iflix website will be automatically incurred by the Eligible Subscriber upon the expiry of the Promotion period unless the Subscriber cancels the subscription during the Promotion period.
d. Before the end of the Promotion, prior notification on the charges in (c) will be given to the Eligible Subscribers via SMS reminder with a step by step guide on how to stop the service. An Eligible Subscriber who decides not to continue with the service shall opt out by following the said step by step guide to avoid the automatic charges.
e. In order to enjoy the Promotion for the entire duration of the Promotion, the Eligible Subscriber shall maintain their status as an active Subscriber, failing which, the Eligible Subscriber's entitlement under the Promotion shall be automatically deactivated. Subscribers are advised to have an active data plan to avoid Pay-As-You-Use (PAYU) charges for the downloading and usage of the App.
f. The Promotion entitlement is not transferable and/or exchangeable and is not for resale. No cash alternatives will be offered in lieu of Promotion entitlement.
6. Digi reserves the right to vary, modify, cancel, terminate or suspend the Promotion or any part thereof with or without any prior notice. For the avoidance of doubt, the alteration, modification, cancellation, termination or suspension by Digi of the Promotion or any part thereof shall not entitle the Eligible Subscriber to any claim and/or compensation against Digi (in cash or in kind) for any and all loss or damage suffered or incurred by the Eligible Subscriber as a direct or indirect result of the act of alteration, modification, cancellation, termination or suspension.
7. Digi reserves the right at its absolute discretion to vary, modify, delete and/or add to any of the mechanics, or these Terms and Conditions from time to time without prior notice.
8. Digi reserves the sole and absolute right to reject the application by an Eligible Subscriber that is deemed ineligible for the Promotion.
9. Digi shall not be liable for any loss or damage (including but not limited to loss of income, profits or goodwill, direct or indirect, incidental, consequential, exemplary, punitive, general damages and/or special damages of any party including third parties) howsoever arising whether in contract, tort, or otherwise, in connection with the Promotion, even if Digi has been advised of the possibility of such damages in advance, and all such damages are expressly excluded.
10. The Eligible Subscriber hereby agrees and irrevocably and unconditionally undertakes to indemnify Digi (on a full indemnity basis) against any claims by third party due to the act and/or default of the Eligible Subscriber and against any losses, damages, costs and/or expenses (including solicitors' fees and costs) that may suffer or incur as a result of in connection with the Promotion.
11. By participating in the Promotion, the Eligible Subscriber shall be deemed to have unconditionally accepted all the Terms of this Promotion. The Eligible Subscriber further agrees to be bound by the said Terms and that Digi's decision shall be final and no correspondences on the dissatisfaction of the said Terms will be entertained. In furtherance thereto Eligible Subscriber agrees to co-operate and comply with all reasonable requests of Digi in connection with the Promotion and consents to receiving promotional, marketing and other publicity information from Digi from time to time.
12. By participating in the Promotion, each Eligible Subscriber (or the Subscriber's parent/legal guardian if entrant is a minor below 18 years of age) agrees that Digi, and its employees, officers, directors, shareholders, agents, representatives, parent companies, affiliates, subsidiaries, licensees, advertising, promotion, fulfillment agencies and legal advisors, are not liable for any losses, damages, rights, claims and/or actions of any kind in connection with the Promotion and/or resulting from acceptance, possession, use or misuse of any freebies, including without limitation, personal injury, death, and property damage, and claims based on publicity rights, defamation, or invasion of privacy.
13. Digi, and its respective parent companies, subsidiaries, affiliates, licensees, directors, officers, employees, agents, independent contractors and advertising/promotion agencies makes no warranties, express or implied, in fact or in law, relative to the use or enjoyment of the Promotion.
14. 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 and shall not be liable for the following consequences:
a. Malfunction of the telephone, electronic, hardware or software program, network, Internet, server or computers, 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.
b. Late, lost, delayed, misdirected, incomplete, illegible or unintelligible statement or remarks in any form of communication;
c. Virus attacks and/or any other malicious software infection to the Subscriber’s mobile phone arising from the downloading under the Tango App and/or any failed, incomplete, lost, garbled, jumbled, interrupted, unavailable or delayed electronic transmissions;
d. Any condition caused by events beyond the control of Digi that may cause the Promotion to be disrupted or corrupted;
e. Any injuries, losses, or damages of any kind arising in connection with or as a result of the freebies, or acceptance, possession, or use of the freebies, or from participation in the Promotion.
f. Any printing or typographical errors in any materials associated with the Promotion;
g. Any claims by third party against the Subscriber for infringement of intellectual property rights;
h. Any default due to an event beyond the control of Digi including those due to natural disaster, war, riot, strike, lockout, industrial action, fire, flood, drought, storm or any event beyond the reasonable control of Digi.
15. A failure by Digi to enforce any of these Terms in any instance(s) will not give rise to any claim by any person.
16. All other Terms governing the use of any of Digi's mobile telecommunication services inter alia in relation to the utilization of the Promotion shall apply herein mutatis mutandis.
17. In addition, where any of the data/information especially personal data relating to the Eligible Subscriber and/or third parties (where applicable) are submitted to Digi in connection to this Promotion, each Eligible Subscriber:
a. Warrants that he/she is in possession of all necessary consents and shall continue to maintain such consents as may be required for Digi and/or usage and processing of such data/information; and
b. Agrees that it shall be the said Eligible Subscriber's responsibility to advise Digi in writing should there be any relevant changes in the said data/information provided to Digi which requires action on the part of Digi. A failure by Digi to enforce any of these Terms in any instance(s) will not give rise to any claim by any person.
18. These Terms shall be governed and construed by the Laws of Malaysia and the parties shall submit to the exclusive jurisdiction of the Courts of Malaysia.