1.The FREE 1 Month Deezer Premium+ (the "Promotion") is a promotion by Digi Telecommunications Sdn Bhd (“Digi”) and Deezer (“Deezer”) which allows Digi Subscribers access to the Deezer Premium+ with no subscription fee for the first 1 month of subscription.
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”).
3.The Promotion commences on 3 September 2015 12:00am until further notice (“the duration of promotion”). Notwithstanding the above, Digi reserves the right in its sole and absolute discretion to vary, postpone or re-schedule the said duration.
4.The Promotion Eligibility:
This promotion is eligible to all Digi subscribers (prepaid and postpaid), however, each subscriber is only entitled to subscribe one (1) time to this Promotion (“Subscribers”).
a).A “SMS” will be sent to the Subscribers with the step by step guide to subscribe to the Promotion.
b).Upon successful subscription of the Promotion, the Subscriber will be granted 1 month FREE access to Deezer Premium+. The 1 month FREE subscription is calculated based on 30 days from the date of activation and not the calendar cycle.
c). Normal charging of RM14.90/month will be automatically incurred by the Subscriber for the second (2nd) month subscription onwards unless the Subscriber opt out from the Deezer Premium+ subscription.
d). Prior notification of the charges in (c) will be given to the Subscribers via SMS reminder with a step by step guide on how to stop the service. A 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 in the second (2nd) month onwards
e). In order to enjoy the Promotion for the entire duration of the Promotion, the Subscriber shall maintain their status as an active Subscriber, failing which, the 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 alter, cancel, terminate or suspend the Promotion or any part thereof with or without any prior notice. For the avoidance of doubt, the alteration, cancellation, termination or suspension by Digi of the Promotion or any part thereof shall not entitled the Subscriber to any claim or compensation against Digi (in cash or in kind) for any and all loss or damage suffered or incurred by the Participants as a direct or indirect result of the act of alteration, cancellation, termination or suspension.
7.Digi reserves the right at its absolute discretion to vary, 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 a participation 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 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 participating 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 Subscriber shall be deemed to have unconditionally accepted all the Terms of this Promotion. The Subscriber further agrees to be bound by the said Terms and Digi’s decision shall be final and no correspondences on the dissatisfaction of the said Terms will be entertained. In furtherance thereto 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 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 statements 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 govern 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;
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.