Digi Telecommunications Sdn Bhd (201283-M) ("Digi") will be doing a Mobisure promotion ("the Promotion") commencing from 12:01 a.m., 19th April 2012 till 11:59 p.m., 18th May 2012 (both days inclusive) or any other period as determined by Digi ("Promotion Period").
1.1 This Promotion is open to all new and existing Digi subscribers.
1.2 Digi reserves the sole and absolute discretion to exclude any Participant (who would otherwise be eligible) who as deemed by its absolute discretion has reasonable grounds to suspect that the eligible Participant has tried to impersonate another person, trickery, fraud or sub-standard, doubtful, bad or delinquent or in the event that the Promotion is participated in an improper, unlawful or unsatisfactory manner.
2. The Promotion shall covers as follows:
Any subscription of Mobisure during the Promotion Period will be entitled for below benefit:
Mobisure Extended Warranty
30% off RRP for any subscription of Mobisure extended warranty (based on the device Band).
- The Promotion is offered to the selected Participant only and is not transferable to any third party.
- Digi reserves the right and shall have absolute discretion to change the Promotion benefit given under the Promotion.
- Risk of the Promotion benefit shall be transferred and passed to the participant upon purchased transaction. Digi shall not be responsible for any claims whatsoever in relation to the Promotion benefit including but not limited to the repair or replace any defective, lost, damage or stolen devices. If the Participant has any queries or require any assistance in relation to the promotion, the Participant must contact the suppliers of the service directly at the supplier's contact numbers and/or addresses.
3. The Participant shall not use the service with any unauthorised device or any other way which unfairly exploits the unlimited free voice and/or data usage(as and when it is made availability by Digi in any of its promotions, plans and/or packages) or spamming activities for the purpose of unauthorized reselling or commercial gain.
4. In the event a Participant is found to be ineligible at any point of time during or after the Promotion Period, Digi reserves the right to cancel/withdraw/recall the Subscription Plan Promotion. If the Subscription Plan Promotion has been utilised by the ineligible Participant, the ineligible Participant hereby agrees and undertakes to fully indemnify Digi for the value of the Subscription Plan Promotion, failing which, Digi shall have the right to initiate any action it deems necessary against the ineligible Participant.
5. The Participant hereby agrees, allows, consents and has no objection to Digi using or providing details or any other data required to be used as evidence in court and/or when necessary in the event of a suspected and/or proven misuse of the service for commercial gain purposes.
6. Any Participant who is disqualified pursuant to these Terms and Conditions hereby agrees that he/she shall not make any claim and/or demand whatsoever to Digi for the Subscription Plan Promotion.
7. By participating in this Promotion, the Participant agrees to be bound by these Terms and Conditions. Digi decision shall be final and no appeals and/or objections will be entertained in relation to this Promotion.
8. Fraud and abuse relating to this Promotion shall result in suspension of the Participant's account.
9. Digi does not warrant that the Promotion shall be uninterruptible and/or error free. By participating in the Promotion the Participant hereby acknowledges and irrevocably agrees that Digi shall not in any manner whatsoever be liable for any interruption and/or any error arising from the Promotion.
11. Digi reserve the right to cancel, terminate or suspend the Promotion and/or the Subscription Plan Promotion without any prior notice. For the avoidance of doubt, cancellation, termination or suspension by Digi of the Promotion or the Subscription Plan Promotion shall not entitle the Participant to any claim or compensation against Digi for any and all loss or damage suffered or incurred by the Participant as a direct or indirect result of the act of cancellation, termination or suspension.
10. 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 the Promotion.
12. Digi reserve the right at its absolute discretion to add, delete or alter the mechanics of the Subscription Plan Promotion and any of these Terms and Conditions from time to time without prior notice.
13. Digi shall not be responsible or liable for any claims of loss or damage to property or any personal injury or loss of life resulting from or in connection with this Promotion.
14. Digi shall not be liable for any loss or damage (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 Promotion and/or Subscription Plan Promotion, even if Digi has been advised of the possibility of such damages in advance, and all such damages are expressly excluded.
15. By participating in the Promotion, the Participant hereby agree and irrevocably and unconditionally undertake to fully absolve 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 solicitor's fees and cost) that Digi may suffer or incur as a result of or in connection with the Promotion or the Subscription Plan Promotion.
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. By participating in the Promotion, the Participants shall be deemed to have unconditionally accepted the all the Terms and Conditions of this Promotion and the Participant further (i) agrees to co-operate and comply with all reasonable requests of Digi in connection with the Promotion; (ii) agrees to disclose personal details to Digi for the purpose of organising, promoting and conducting the Promotion; and (iii) consent to receiving promotional, marketing and other publicity information from Digi from time to time.
18. By participating in the Promotion each Participant (or the Participant's parent/legal guardian if entrant is a minor below 18 years of age) agrees to release and hold Digi, and its employees, officers, directors, shareholders, agents, representatives, parent companies, affiliates, subsidiaries, licensees, advertising, promotion, and fulfilment agencies, and legal advisors, harmless from any and all losses, damages, rights, claims and actions of any kind in connection with the Promotion or the Subscription Plan Promotion or resulting from acceptance, possession, use or misuse of any Subscription Plan Promotion, including without limitation, personal injury, death, and property damage, and claims based on publicity rights, defamation, or invasion of privacy.
19. Digi, and its respective parent companies, subsidiaries, affiliates, licensees, directors, officers, employees, agents, independent contractors and advertising/promotion agencies make no warranties, express or implied, in fact or in law, relative to the use or enjoyment of any of the Subscription Plan Promotion, including, without limitation to, their quality, merchantability or fitness for a particular purpose.
20. 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: (a). 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; (b). late, lost, delayed, misdirected, incomplete, illegible or unintelligible e-mails; (c). failed, incomplete, lost, garbled, jumbled, interrupted, unavailable or delayed computer 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 Subscription Plan Promotion or Promotion, or acceptance, possession, or use of the Subscription Plan Promotion, or from participation in the Promotion; or (f) any printing or typographical errors in any materials associated with the Promotion; (g) any claims by third party for infringement of intellectual property rights.
21. All Participants agree to be bound by the official rules and regulations and decisions of Digi.
22. 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.
23. These terms and conditions shall be governed and construed by the Laws of Malaysia and the parties shall submit to the exclusive jurisdiction of the Courts of Malaya.
24. The Promotion and the Subscription Plan Promotion must be read with Digi's General Terms and Conditions as stipulated in www.Digi.com.my and any other additional terms and conditions, guidelines or rules are hereby incorporated by reference into these Terms and Conditions. The Participant is advised to constantly review these Terms and Conditions uploaded on Digi's website to view the latest Terms and Conditions (in the event of any revisions made to these Terms and Conditions, if any). In the event there are inconsistencies or discrepancies between any version of any of the terms and conditions stipulated herein, the English version shall prevail.
25. All other terms and conditions governing the use of any of Digi's services in relation to the utilisation of the Subscription Plan Promotion shall apply herein mutatis mutandis.