1. Digi Telecommunications Sdn Bhd (2012293-M) (“Digi”) is recruiting dealers (Open Channel, Controlled Channel and Enterprise Business) by accepting online submissions from corporations / individuals / partnerships (the “Recruitment”). By submitting your application, you agree to be bound by these terms and conditions set out herein and/or any other terms and conditions as may be provided by Digi from time to time (the “Terms”).
a. The Recruitment is open to all individuals / corporations / sole proprietors / partnerships.
b. If is an individual, the individual must be at least 18 years old and above.
3. Digi is relying on the information provided in the completed application form and all relevant documents submitted by you, including but not limited to the information filled up in the application form found in Digi's website [https://www.digi.com.my] (the “Application”).
4. Digi will evaluate your Application based on the information that you have submitted to Digi. All information provided must be accurate, correct and complete as of the date of application. You shall promptly inform Digi in writing of any change of the information provided in your Application. You agree to supply additional information, data and/or statements as may be requested by Digi from time to time.
5. All information submitted by you under the Recruitment is confidential. Only Digi, its employees and/or any Digi's authorised third party has the right to access such information.
6. Digi will only contact the successful applicant. The successful applicant must complete the registration process as determined by Digi.
7. You agree and acknowledge that Digi does not enter into oral agreements or understanding with respect to the appointment as Digi's authorised dealer (Open Channel / Controlled Channel and Enterprise Business), and as the date of your Application, there are no oral agreements or understandings between you and Digi with respect to the proposed appointment as Digi's authorised dealer (Open Channel, Controlled Channel and Enterprise Business). In respect of Open Channel dealer Application, notwithstanding the execution of the relevant documents required by Digi for the purpose of the Application, the appointment as Digi’s authorised dealer for Open Channel shall take effect upon Digi issuing a written confirmation and assigning a specific dealer code to you.
8. In the event Digi requires further information from you and/or to verify any information submitted by you, Digi is allowed to contact you for more information.
9. Digi reserves the right to cancel or amend the Recruitment at any time without notice. You shall not be entitled to any claim or compensation against / from Digi for any loss or damage suffered (regardless of the cause of action) as a direct or indirect result of such cancellation or amendment to the Recruitment.
10. You agree not to knowingly damage or cause interruption to the Recruitment and / or prevent others from participating in the Recruitment.
11. You warrant that any information submitted in the Application does not misrepresent and has no association or connection to some person, brand or thing that it does not actually have, and is not defamatory, libelous, vulgar, obscene, derogatory, pornographic, or is otherwise inappropriate or unfit for publication.
12. Digi reserves the right to reject any Application which is deemed inappropriate.
13. If any Application submitted contains third party intellectual property rights, you shall ensure that the relevant license or ownership for the same from the relevant intellectual property rights owner has been obtained. You shall ensure that the Application does not infringe any third party's intellectual property rights. Digi shall not in any way liable for any such infringement and you shall keep Digi and its associated companies, directors, employees and/or agents harmless from such claims.
14. Digi and its associated companies, directors, employees and/or agents shall not be liable for any error, omission, interruption, deletion, defect, delay in operation or transmission, communication failure, theft, destruction, alteration of or unauthorised access to your Application, or Application lost, damaged or delayed as a result of server functions, telecommunication malfunction, technical issues, virus, bugs or other causes beyond Digi's control.
15. You shall (jointly and severally), if applicable, agree to indemnify and defend Digi and its respective officers, directors, employees, agents, representatives, and assignees against, and to hold them harmless from, all losses in connection with the Application, including breach of any representations, warranties or undertakings contained herein and all claims, demands, suits, causes of action, liabilities, losses or otherwise, directly or indirectly incurred (including legal and accounting fees and expenses), and including claims as a result of Digi processing the Application and/or appointing the applicant as Digi's authorised dealer.
16. If there is any dispute regarding the Recruitment, the rules governing the Recruitment, conduct, results and / or any other matters relating to the Recruitment, Digi's decision shall be final and binding and no correspondence or discussion shall be entertained.
17. 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 Recruitment, even if Digi has been advised of the possibility of such damages in advance, and all such damages are expressly excluded.
18. "Digi" and any of its trademarks, service marks, symbols, and captions are trademarks of Digi and/or its associated companies. Where relevant, third parties' product and service names profiled in the Recruitment are trademarks and service marks of their respective companies. Nothing contained herein or in the Recruitment shall be construed as conferring a license of Digi's or the said third parties' intellectual property rights to you or any other party.
19. By participating in the Recruitment, you irrevocably agree and consent to such details including without limitation personal data/information being collected, processed and used by Digi or Digi publish any related matter connected to the submissions including but not limited to your name and photographs:-
a. for the purpose of the Recruitment; and/or
b. to conduct appropriate checks for fraud, credit-worthiness and/or financial matters (such as, but not limited to, for purposes of maintaining financial records, facilitating payments of any amount due to Digi, assessing or verifying credit).
Consent for the disclosure of any of your information herein includes consent for:-
i.Digi to disclose to any relevant third parties including without limitation, financial institutions, credit agencies; and
ii.the said third parties to disclose such information and/or findings to Digi.
c.for marketing and promotional activities conducted in such manner as Digi sees fit worldwide in any media including without limitation the internet, without further express consent from, and payment or consideration to you. Marketing and promotion activities includes without limitation the use and/or publication of any details provided in and/or in connection to the entries, interviews material as well responses and related photographs. In this regard, you agree to co-operate and participate without further express consent and/or payment or consideration, in all reasonable advertising and publicity activities of Digi relating to the Recruitment.
For the avoidance of doubt, you also hereby also explicitly consent to Digi processing any sensitive personal data relevant for the Recruitment.
20.The Terms set out herein shall be governed by Malaysian law and be subject to the exclusive jurisdiction of the courts of Malaysia.