25.1.
This Contract Offering is a mobile device offering which requires the Customer to subscribe to a 24-month Contract (referred as “PF365 Plan” for purposes of this section) offered to Customer who meet the eligibility criteria. The Customer hereby consents to Digi to undertake all necessary checks to determine Customer’s eligibility.
25.2.
This Contract Offering is offered to all new and existing subscribers of Digi Postpaid Plan with the following requirements to be met during registration:
25.2.1.
Customer must be present with the original NRIC upon registration;
25.2.2.
Biometric thumbprint scan must match the NRIC thumbprint to qualify for registration;
25.2.3.
Credit card auto-billing subscription must be active throughout the contract period; and
25.2.4.
For Port In customers, last three (3) months bill of current operator must be submitted during registration.
25.3.
PF365 Plan is restricted to one (1) Customer with a valid original NRIC for up to maximum three (3) registration only according to the principal plan eligibility as per below:
Principal Line | Digi Postpaid 60DS | Digi Postpaid 90DS | Digi Postpaid 120DS | Digi Postpaid 150DS |
PhoneFreedom 365 Eligibility | 1 | 3 | 3 | 3 |
25.4.
Only Malaysians may apply the PF365 Plan.
25.5.
For Customer who chooses credit card as the payment option, auto-billing will be mandatory.
25.6.
All registrations must be completed at any participating Digi Store, Digi Store Express and Digi Online Stores.
25.7.
All successful registration at Digi Store, Digi Store Express and Digi Online Stores cannot be cancelled. No refund will be entertained and penalty is imposed for customers with existing contract.
25.8.
Customers who are on Digi Postpaid Plans (with supplementary mobile line) or existing PhoneFreedom 365 contract will need to walk into any Digi Store or Digi Store Express to sign up, change or re-contract a PF365 Plan.
25.9.
The monthly payment under the PF365 Plan consist of (a) payment for the device (“Device Payment Monthly Price”); and (b) the Postpaid Plan (“Mobile Service Plan”). Advance Payment may be applicable at in accordance with checks on Customer’s eligibility.
Device Upgrade
25.10.
Device upgrade under the PF365 Plan (“Device Upgrade”) is available in the period from month 18 to month 24, provided that the Customer has completed at least the 17th payment for tier 1 phones or 19th payment for tier 2 phones and no other amounts are outstanding. The Device Upgrade may be exercised at the selected Digi Stores and Digi Store Express.
25.11.
The Customer must return the Device in Good Working Condition (defined below) in order to qualify the Device Upgrade.
25.12.
The Customer may upgrade to a new device model or a different device brand based on the new Contract Offering for PF365 Plan available at the time of upgrade.
25.13.
The Customer should not have any outstanding (including the Device Payment Monthly Price and monthly Mobile Service Plan fee) in their bill before exercising the Device Upgrade. Upon successful upgrade, the remaining Term of the original Contract shall lapse and the remaining months of the Device Payment Monthly Price will be waived.
25.14.
If the Device Payment Monthly Price was fully paid during the previous subscription, the remaining months of the Device Payment Monthly Price will be credited back to Customer’s bill upon successful Device Upgrade.
Returned Device
25.15.
The returned Device must be within the stipulated Good Working Condition Criteria as follows;
25.15.1.
is fully functional in all respects (including but not limited to turns on and off, buttons are fully functional, make and receive calls, connects to the internet, touchscreen is fully functional);
25.15.2.
is accompanied by a fully functioning battery;
25.15.3.
has no missing, disassembled, customized or non-original parts which are non-original or not otherwise genuine parts or not original equipment manufacturer (OEM) parts used for repair under the manufacturer’s warranty or obligations under the Local Consumer Law;
25.15.4.
is factory reset;
25.15.5.
has all activation and device locking features disabled (including but not limited to ‘Find my iPhone’ feature disabled for iOS 7 or higher);
25.15.6.
is not IMEI blocked;
25.15.7.
is data wiped (including wiping or secure destruction of any user-added storage); and
25.15.8.
does not exhibit any one or more of the Damage Criteria below:
25.16.
Damage Criteria:
25.16.1.
does not power on and off as intended;
25.16.2.
heavy wear and tear (including but not limited to any functionality issue, crack or chip on front of glass, internal screen and/or body, extreme abrasion, puncture holes, damaged, broken or missing buttons, slit/separation of the device enclosure, bent device enclosure, devices that are destroyed or forcibly separated into multiple pieces);
25.16.3.
significant damage (including but not limited to liquid damage as indicated by the liquid ingress indicator, LCD/OLED damage/bleeding, swollen battery);
25.16.4.
damaged internal screen (including but not limited to discoloured / damaged / cracked / bleeding LCD/OLED);
25.16.5.
the activation/device lock is enabled (including but not limited to ‘Find my iPhone' feature disabled for iOS 7 or higher);
25.16.6.
not factory reset;
25.16.7.
is not fully data wiped or customer data not cleared;
25.16.8.
missing parts or custom third party parts and unauthorised modifications or has been disassembled;
25.16.9.
is a device that has been the subject of a manufacturer recall or repair program that has not been replaced or repaired in accordance with such program; or
25.16.10.
the back of the device is cracked, chipped, dented, damaged or smashed
25.17.
The Customer must allow Digi to install an app or software (if required) on the Device to test and validate.
25.18.
Digi has the absolute discretion to decide whether a Device in which the Customer wishes to return upon upgrade can be accepted or rejected.
25.19.
The returned Device is defined as the Device including all parts inside the mobile handset but excluding the packaging and accessories that come with it.
25.20.
Digi is not responsible for the loss, safekeeping or maintenance in confidence of any personal information remaining in the Customer’s returned Device once it is returned to Digi and the Customer understands that such information may be accessible to third parties if the Customer does not delete it.
25.21.
To protect the Customer’s privacy, the Customer acknowledges that before returning the Device to Digi, all applications' data, contacts, and personal data including but not limited to photos, messages, web browsing history, and/or passwords and other personal, confidential or sensitive data stored in the Device must be erased. Digi and/or its suppliers, agents or representatives are not responsible for removing personal, confidential and sensitive information from the device and cannot guarantee such information left on the device will be deleted. If the Customer fails to remove all personal, confidential or sensitive information from the Device, the Customer agrees to release Digi and/or its suppliers, agents or representatives from all claims, losses or damages with respect to the use of SIM card or any personal information whether arising before or after the return of the Device to Digi.
Digi Store Online Purchases
25.22.
Eligible customers for PF365 Plans are entitled to sign up only one (1) Mobile Device per NRIC from Digi Store Online.
25.23.
For purchases made via Digi Store Online, both the Device Payment Monthly Price and monthly Mobile Service Plan fee will be activated immediately once the transaction is successfully processed during pre-order or while the Mobile Device is being delivered.
25.24.
For port-in customers, plan and device Advance Payment are applicable upon checkout via Digi Store Online.
25.25.
Customers must not have any overdue bills before proceeding to make a purchase on Digi Store Online.
Miscellaneous
25.26.
Electronic Delivery: The Customer expressly and knowingly agree and consent to permit Digi (including any third party vendor, or representative through which we provide services under this Device Subscription Agreement) to make disclosures and provide notices to the Customer in electronic form, including but not limited to e-mail and text messaging, instead of providing such notices and disclosures in hardcopy by post mail. The Customer consents and agrees that the Customer's agreement herein shall relate to all forms, disclosures, and notices required under applicable law and shall remain valid until such time as the Customer may exercise the Customer's right to revoke this consent by notifying Digi.
25.27.
Manufacturer's Warranty: The Customer accept and acknowledge that the Device is subject to the Device manufacturer's standard warranty and we shall not be responsible and/or liable for the Device and/or for any loss and/or damage whatsoever suffered by the Customer and/or any other party in respect of the Device. Digi is not responsible for replacing Customer’s Device or any part thereof that is lost, stolen, damaged or defective which is not covered under the manufacturer's warranty. The Customer shall be responsible for the repair and maintenance of the Device. Should a defect or fault fall within the ambit of manufacturer's warranty, repairs shall be subject to the applicable warranty issued by the Device manufacturer.