Digi Telecommunications Sdn Bhd (Company No. 201283-M) owns the Rent 2 Digi Program Webpage and it focus primarily on collecting property information with the possibility of entering into a tenancy agreement for the use of Digi mobile network expansion.
In the TOU and Notices, unless inconsistent with the context or otherwise specified, the following expressions shall have the meanings set forth:
“License Agreement” shall mean the license and terms and conditions for use of the Software.
“Linked Webpage” shall mean links from the Rent 2 Digi Program Webpage to any third party Webpages.
Rent 2 Digi Program means a program which allows you to provide details relating to any property owned by you for Digi’s consideration for a potential tenancy in view of Digi’s mobile network expansion. For the avoidance of doubt, the details provided by you shall be information as required in the form that can be found in the URL known as http://new.Digi.com.my/cs/Satellite/ecomm_C/services/default/rent2Digi
"You" and “Your” means any user of the Rent 2 Digi Program Webpage and Rent 2 Digi Program.
“Software” means any software used in connection with the Rent 2 Digi Program Webpage developed by or licensed to Digi, excluding Embeddable Player.
“Us”, “We” and “Our” means Digi
“Rent 2 Digi Program Webpage” shall mean the Rent 2 Digi Program Webpage owned and/or operated by Digi under the URL http://new.Digi.com.my/cs/Satellite/ecomm_C/services/default/rent2Digi containing the Content and offering Rent 2 Digi Program.
PERSONAL DATA AND PRIVACY
To learn about how Digi collects & protects your personal data refer to the Privacy Statement. Any non-personal information or material sent to Digi by you will generally NOT be treated as confidential.
1. ELIGIBILITY AND ACCEPTANCE OF TERMS – GENERAL
1.1 The use and access of the Rent 2 Digi Program Webpage is subject to this TOU and Notices. By accessing and using the Rent 2 Digi Program Webpage you agree to be bound by this TOU & Notices, and any other notices (which term shall include guidelines and rules) which may be posted by Digi on the Rent 2 Digi Program Webpage from time to time.
1.2 If you are under the age of eighteen (18), you must seek parental and/or guardian approval before accessing the Rent 2 Digi Program Webpage and/or use of the Rent 2 Digi Program. Digi considers it the responsibility of parents and/or guardian to monitor their children(s) use of the Rent 2 Digi Program Webpage and Rent 2 Digi Program. By agreeing to these terms or by using the Rent 2 Digi Program Webpage, you represent and warrant that you have the right, authority and capacity to enter into this agreement comprising the TOU & Notices and to abide by all of the terms and conditions of the TOU & Notices.
1.3 The service and links of the Rent 2 Digi Program Webpage may include links to third party and are subject to Clause 9 herein.
1.4 Owing to the global nature of the internet infrastructure, the information you provide may be transferred in transit to countries that do not have similar protection regarding your data and it’s use as set out in this terms and conditions. By submitting your information you consent to these transfers.
2. RENT 2 Digi PROGRAM WEBPAGE
2.1 The Rent 2 Digi Program Webpage may contain links to third party Webpages that are not owned or controlled by Digi. Digi has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party Webpages. In addition, Digi will not and cannot censor or edit the content of any third-party Webpage. By using the Rent 2 Digi Program Webpage, you expressly relieve Digi from any and all liability arising from your use of any third-party Webpage.
2.2 Accordingly, we encourage you to be aware when you leave the Rent 2 Digi Program Webpage and to read the terms and conditions and privacy statement or policy of each other Webpages that you visit.
3. USE OF INFORMATION
3.1 All information, materials, functions and other content contained on the Rent 2 Digi Program Webpage are our copyrighted property or the copyrighted property of our licensors or licensees. All trademarks, service marks, trade names, and trade dress are proprietary to us and/or our licensors or licensees. We may change the Rent 2 Digi Program Webpage or delete the Content or features at any time, in any way, for any or no reason.
4. YOUR CONDUCT - GENERAL USE OF THE RENT 2 Digi PROGRAM WEBPAGE
4.1 You agree to use the Rent 2 Digi Program Webpage only for lawful purposes and in accordance with this TOU & Notices and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of the Rent 2 Digi Program Webpage.
4.2 You agree not to alter or modify any part of the Rent 2 Digi Program Webpage, including but not limited to any related technologies.
4.3 Digi reserves the right to discontinue any aspect of the Rent 2 Digi Program Webpage at any time.
5. YOUR USE OF CONTENT ON THE SITE
5.1 You agree that when using the Rent 2 Digi Program Webpage, you may be exposed to from a variety of sources, and that Digi is not responsible for the accuracy, usefulness, safety, protection or integrity of our intellectual property rights relating to such. You further understand and acknowledge that you may be exposed to that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Digi with respect thereto, and agree to indemnify and hold Digi, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Rent 2 Digi Program Webpage.
6. DISCLAIMER & LIMITATION OF LIABILITY.
6.1 Digi makes no warranty that the Rent 2 Digi Program Webpage will meet your requirement or that the Rent 2 Digi Program Webpage will be secure, timely, uninterrupted or error free, or that any data, content, information, software or other material accessible on or through the Rent 2 Digi Program Webpage are true, accurate, or are free of viruses or other harmful components. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Rent 2 Digi Program Webpage for the reconstruction of any lost data. All use of the Rent 2 Digi Program Webpage is at your own risk and you are solely responsible for all damages resulting there from.
6.2 WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF OTHER USER OF THE RENT 2 Digi PROGRAM WEBPAGE. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE'S USE OF THE RENT 2 Digi PROGRAM WEBPAGE OR THE SERVICE.
6.3 We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of e-mail or players on account of technical problems or traffic congestion on the internet or at any Rent 2 Digi Program Webpage or combination thereof. We are not responsible for any injury or damage to any computer equipment belonging to any user of the Rent 2 Digi Program Webpage or any other person related to or resulting from use of the Rent 2 Digi Program Webpage, viewing, playing or downloading any materials on or from the Rent 2 Digi Program Webpage, or otherwise in any way in connection with the Rent 2 Digi Program. The Rent 2 Digi Program Webpage and the Digi Community Service are provided "AS-IS" and, except as otherwise prohibited by applicable law, we expressly disclaim any warranty of any kind, including, but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. We cannot guarantee and do not promise any specific results from use of the Rent 2 Digi Program Webpage or the Digi Community Service. No advice or information, whether oral or written, obtained by you from us, or from or through the Rent 2 Digi Program Webpage or the Rent 2 Digi Program shall create any warranty not expressly stated herein.
6.4 To the fullest extent permitted by applicable law, under no circumstances, including, but not limited to, negligence, shall Digi be liable for any direct, indirect, incidental, special or consequential damages, damages for loss of profits (even if Digi has been advised of the possibility of such damages or even if such damage is foreseeable), that result from the use of or the inability to use the Rent 2 Digi Program Webpage any changes to the Rent 2 Digi Program Webpage and unauthorized access to or alteration of your transmissions or data, any communication, transmission, material or data sent or received or not sent or received, or any transactions entered into through the Rent 2 Digi Program Webpage or arising in connection with the fraudulent or unlawful acts of any third party.
6.5 You specifically agree that Digi is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights.
6.6 If you are dissatisfied with the Rent 2 Digi Program Webpage, the materials available on or through the Rent 2 Digi Program, Rent 2 Digi Program Webpage or with the provisions of this TOU & Notices, you agree that your sole and exclusive remedy is to discontinue using Rent 2 Digi Program Webpage or any of Digi’s other products and services.
6.7 Digi will take reasonable measures to maintain the privacy and security of all private information provided by you to the Rent 2 Digi Program Webpage, but third parties (such as hackers) may breach or attempt to breach Digi's security measures or may gain unauthorized access to the Digi database or other equipment containing your information. You agree that Digi shall not be liable for damages of any sort, whether arising under contract, tort, or otherwise, with respect to any breach of security of the Rent 2 Digi Program Webpage or any other company equipment or user information.
6.8 The Rent 2 Digi Program Webpage is controlled and offered by Digi from its facilities in Malaysia. Digi makes no representation that the Rent 2 Digi Program Webpage is appropriate or available for use in other locations. Those who access or use the Rent 2 Digi Program Webpage from other jurisdictions do so at their own violation and are responsible for compliance with local law.
7.1 You agree to indemnify, defend and hold Digi, its officers, directors, employees, agents, shareholders, licensors, suppliers and any third party information providers to the Digi Service and Rent 2 Digi Program Webpage harmless from and against all losses, expenses, damages and costs, including attorneys’ fees, resulting from (a) your use of or conduct or access to and on the Rent 2 Digi Program Webpage; (b) your violation of any term of this TOU & Notice; (c) your violation of any third party right, including without limitation any copyright, property or privacy rights; or (iv) any claim that one of your caused damage to a third party. This indemnification obligation will survive these TOU & Notices and your use of the Rent 2 Digi Program Webpage.
7.2 The provisions of this paragraph are for the benefit of Digi and its officers, directors, employees, agents, shareholders, licensors and suppliers to the Rent 2 Digi Program Webpage. Each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
9. LINKS TO THIRD PARTY SITES
9.2 Any dealings with third parties (including advertisers) over the Linked Third Party Webpages or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser, merchant or other third party. You agree that Digi shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such Rent 2 Digi Program Webpage or resource. The purchase of any product or service from a merchant from a Linked Rent 2 Digi Program Webpage is a transaction solely between you and that merchant, and any question or dispute you may have regarding any such product or service should be addressed directly to the responsible merchant. Digi has no responsibility or liability for any merchant or your relationship with such merchant.
10. DISCLOSURE AND CONFIDENTIALITY
10.1 Digi reserves the right to disclose any personal information about you or your use of the Digi Service and without your prior permission if Digi in good faith, believes that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of Digi or its holding or affiliated company; (3) enforce this TOU; or (4) act to protect the interests of its members or others.
10.2 Any non-personal information or material sent to Digi by you will generally NOT be treated as confidential.
10.3 For further details on use and disclosure of your personal information please see our Privacy Statement.
11. PROPRIETORY RIGHTS
11.1 Content found on the Rent 2 Digi Program Webpage are protected by trademark, copyright, or other intellectual property laws and international treaties. Any unlawful use of the Rent 2 Digi Program Webpage and Content found on the Rent 2 Digi Program Webpage is strictly prohibited, without Digi’s express and prior written consent. You agree that the Content is intended only for Your personal viewing and that any reproduction, communication, rental, performance, redistribution or recording in any form or format of the Content or any party thereof whether for commercial reason or otherwise is strictly prohibited by this TOU and by law and may result in severe civil and criminal penalties. Any reproduction or redistribution of Rent 2 Digi Program, and Content, not in accordance with the TOU herein is expressly prohibited by law, and may result in severe civil and criminal penalties.
11.2 Elements of the Rent 2 Digi Program Webpage, its design and layout are protected by trade dress and other laws and may not be copied or imitated in whole or in part.
11.3 No logo, graphic, sound or image from this Rent 2 Digi Program Webpage may be copied or retransmitted unless expressly permitted by Digi.
GRANT OF LICENSE AND RESTRICTIONS.
11.4 You acknowledge and agree that the Rent 2 Digi Program Webpage and the Software contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Digi reserves all rights in the not expressly granted herein, including without limitation ownership and proprietary rights.
11.5 The Software is made available for downloading solely for use by you for your individual, non transferable, non-exclusive and non-commercial use, in connection with the Rent 2 Digi Program. The Software is made available solely for use by you in accordance with the terms of this TOU and the terms of applicable License Agreement which accompanies or is included with the Software. You may not install or use any part of the Software unless you first agree to the terms of this TOU and any License Agreement. The Software is "in use" on a computer when it is loaded into the temporary memory (i.e. RAM) or installed into the permanent memory (e.g., hard disk, CD-ROM, or other storage device) of that computer.
11.6 You may not copy the Software to any other server or location for further reproduction or redistribution. You may not reverse engineer, decompile, disassemble or modify the Software, except insofar as such restriction is prohibited by law.
11.7 Any reproduction or redistribution of the Software not in accordance with this TOU & Notices and any License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
11.8 The Software is provided "as is," and Digi hereby disclaims all warranties and conditions with regard to the Software, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.
TRADEMARKS AND THIRD PARTY MATERIALS.
11.9 Digi reserves all rights in its corporate names, service marks, logos, trade names, trademarks, Rent 2 Digi Program Webpages and domain names (collectively "Marks") and nothing in this TOU grants you the license to use such Marks. Additionally, other marks which appear on this site may be marks of third parties that are not affiliated with Digi. Digi and the Digi Group do not control or endorse the content of third party Rent 2 Digi Program Webpages.
12.1 This TOU & Notices are governed by the laws of Malaysia, without reference to conflict of laws principles. Any dispute between you and Digi regarding this TOU & Notices will be subject to the exclusive jurisdiction of the courts located in Malaysia and you expressly waive all defenses to jurisdiction. You agree that the Rent 2 Digi Program Webpage shall, for the purpose of determining jurisdiction and applicable law, be deemed to have originated and been provided by Digi in and from Malaysia.
12.2 This TOU & Notices contain the entire understanding between the parties hereto with respect to the Rent 2 Digi Program Webpage, and supersedes all previous oral or written agreements or understandings between you and Digi, and no advice or information, whether oral or written, obtained by you from this Rent 2 Digi Program Webpage (whether before or after the date you accept this TOU& Notices) shall create any obligation or warranty on the part of Digi not expressly stated herein. You may also be subject to additional terms and conditions that may apply when you use any services offered by the Digi Group, third-party content, third-party Rent 2 Digi Program Webpage or third-party software. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this TOU & Notices.
12.3 Digi's performance of this TOU & Notices is subject to existing laws and legal process, and nothing contained in this TOU & Notices is in derogation of Digi's right and obligation to comply with governmental, court and law enforcement requests or requirements relating to your use of the Rent 2 Digi Program Webpage or information provided to or gathered by Digi with respect to such use.
12.4 If any provision of this TOU & Notices is held invalid, the remainder of this TOU & Notices will continue in full force and effect, and If any provision(s) of the TOU & Notices is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. This TOU & Notices shall not be construed against any party as the principal draftsperson hereof. A printed version of this TOU & Notices and of any notice given in electronic form shall be admissible in judicial or administrative proceedings.
12.5 Digi's failure to insist upon or enforce strict performance of any provision of this TOU & Notices shall not be construed as a waiver of any provision or right unless acknowledged and agreed to by Digi in writing.
12.6 Notices to you shall not be modified, except by an express modification by Digi as described herein and may be made via either email or regular mail or by displaying notices or links to notices to you generally on the Digi Service.
12.7 You may not assert any claim against Digi in connection with the Rent 2 Digi Program Webpage unless you have given Digi written notice of the claim within fourteen (14) days after you knew or should have known of the facts giving rise to such claim. You agree that any cause of action arising out of or related to the Rent 2 Digi Program Webpage must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
12.8 Digi may assign its rights and duties under this TOU to any party at any time without notice to you and this TOU shall be binding upon and inure to the benefit of each party's respective permitted successors and assignees.
12.9 Should you have any questions concerning this TOU or this Rent 2 Digi Program Webpage, please contact us at 016-221 1800.