*Kindly take note of the additions in Clause 6.10 and 6.11 – effective 1 October 2013.
6.1 Digi shall not be liable to any Customer, any third party and/or persons authorised by or claiming through a Customer for any loss caused, damage incurred whether direct, indirect, special or suffered by any person or any personal property arising from:
a.any upgrading or modification to the Service as it deems necessary for the proper and efficient functioning of the Digi system including terminating the Service due to obsolescence of the Mobile Telephone, the Device or the Digi system;
b.the use or operation of the Mobile Telephone, or the Device by any Customer or persons authorised by the Customer to use such equipment;
c.the use by the Customer or any other persons authorised by the Customer of the Service, the Customer's inability to access or use the Service, the information available via the Service or arising out of any action taken in response to or as a result of any information available via the Service;
d.the provision of the Service by Digi and/or the quality of the Service;
e.a malfunction, defect or loss of the Mobile Telephone, the Device and/or the Service and/or the Digi system for whatever reasons;
f.any loss, distortion, mutilation of data arising from the use of the Service to transmit data signals or for data communications purposes at any stage of the Service for whatever reasons;
g.any interruption to and/or suspension of the Service;
h.any inconvenience caused to any Customer or any persons authorised by the Customer; and/or
i.using Information obtained via the Service or the Internet including, but not limited to, any damage to or loss of data caused by a virus or similar program.
6.2Digi at its sole and absolute discretion reserves the right at any time without being liable to the Customer or any third party whatsoever, to:
a.discontinue, disconnect, interrupt, bar or suspend the Service for such period of time as Digi shall deem fit for any of the following reasons or any other reason whatsoever:
i. To make any upgrade and/or modification to the Digi system and/or the Service for its proper and efficient functioning;;
ii. For the purpose of testing or correcting any malfunctioning of the Mobile Telephone, Device or the Digi system;;
iii. If the license to operate the Digi system is terminated, suspended or any other action as required by the relevant authorities and/or laws and regulations;;
iv. A breach of any term or condition of this Agreement by the Customer;;
v. Where the Customer shall be adjudged bankrupt or commits an act of bankruptcy or in the case where the Customer is a company shall be wound up or have a receiver or manager appointed;;
vi. On suspicion of fraud, or on suspicion of any illegal practice or on suspicion of any unusual activity in respect of the Customer's Account with Digi;;
vii. Where the Customer defaults in the payment of any fees, charges or monies due to Digi and/or its subsidiaries in relation to any other accounts and/or services the Customer may have with Digi and/or its subsidiaries. Provided always and notwithstanding the aforesaid, Digi reserves the right to summarily terminate the Service without giving the Customer any notice and without having to give any reason whatsoever; and/or;
viii. Suspend and/or terminate the Service in the case of suspected Commercial Gain activity not limited to any voice and/or data or broadband services and promotions offered.;
b.Amend or vary all deposits, fees and charges payable pursuant to this Agreement by giving appropriate notice to Customer as spelled out under this Agreement.
c.Vary, add to or delete any of the terms and conditions of this Agreement without the need to provide any prior notice to the Customer and which shall take effect on such date determined fit by Digi and whereby the Customer with continued usage of the Service shall be immediately bound by the same.
d.Without notice, after the Customer is in default of payment in relation to this Account or any other of the Customer's Accounts with Digi (and notwithstanding any settlement of account or other matter whatsoever), combine or consolidate all or any of the then existing accounts of the Customer (including accounts in the name of the Customer jointly with others) with Digi, and offset or transfer any sum outstanding to the credit of the Customer (including deposits) in any one or more of such accounts in or towards satisfaction of any money, obligations and liabilities of the Customer to Digi, whether such liabilities be present, future, actual contingent, collateral, several or joint.
e.Impose the following fees:
i. Unbarring fee of RM5.00 (which fee might change from time to time as prescribed by Digi at its sole discretion) for reconnection or reactivation of the Service in the event that the Service has been barred due to overdue bills or any other reasons as provided for under this Agreement.;
ii. Unsuspension fee of RM10.00 (which fee might change from time to time as prescribed by Digi at its sole discretion) for the reconnection or reactivation of the Service in the event that the Service has been discontinued, disconnected or suspended due to overdue bills or any other reasons as provided for under this Agreement.;
f.Impose a fee, extra charges and/or penalty to the Customer who misuses the free calls or data or broadband services by way of unauthorized selling and/or Commercial Gain.
g.Impose any minimum or maximum capping for the free voice and/or data usage without prior notice to the Customers based on the fair usage policy which may be changed from time to time at Digi's discretion. The data usage cap mentioned herein applies for uploads and downloads. If the Customer exceeds the monthly cap, the Customer's connection to the Service will be less prioritized.
6.3 Digi shall not be liable to the Customer or any third party for any claims for libel, slander, or infringement of copyright arising from the transmission and/or receipt of data and materials in connection with the Service and all other claims arising out of any act or omission of the Customer or any person authorised by the Customer in connection with the Service.
6.4 The Customer shall indemnify and hold Digi harmless against all claims, proceedings, actions, demands and losses which may arise as a result of the Customer's use of the Service or any act or omission of the Customer.
6.5 In the event of any dispute/claim of ownership of the Customer's Mobile Telephone or Device, the onus of proving ownership, to the satisfaction of Digi, shall lie on the Customer. In the event the Customer is unable to do so, the matter shall then be referred to the Police and/or the Malaysian courts. Digi shall not be liable for any loss, damage or claim which may be caused to the Customer from or through the re-registration / termination / transfer / reconnection / disconnection / barring / suspension of the Service in respect of the Customer's Mobile Telephone or Device pending determination of ownership or subsequent thereto.
a) Digi reserves the right and without having to give notice to the Customer to impose call barring, suspend, disconnect or terminate the Service or take such other action as Digi may deem fit for its own credit control purposes and management of the Customer's account(s).
b) For any package bundled with a Device:
• During the Minimum Period, the Customer agrees that Digi shall also have the right to block the IMEI number of such Device (if applicable) if in Digi’s reasonable opinion, the Customer has breached the provisions of this Agreement, in particular, if the Customer has failed to make the relevant payment of its Monthly Charges and/or Monthly Fees for a consecutive period of three (3) months or any other period as may be reasonably determined by Digi from time to time.
• In the event we block or unblock the IMEI number of such Device, Digi will inform other telecommunication operators to put the blocking or unblocking into effect on their own respective networks in compliance with applicable laws.
6.7 Upon termination of this Agreement, Digi reserves the right to retain the Deposit or Advance Payment (if any) for such period as Digi shall deem fit for the settlement of any outstanding dues or charges payable by the Customer. For Broadband subscribers who signed up before 1 June 2010, if this Agreement is terminated before the expiration of the modem monthly expiration period, the Early Termination provisions shall be applicable.
6.8 Digi reserves the right to suspend and/or terminate the line in the case of suspected Commercial Gain activity not limited to any voice and/or data or broadband services and promotions offered.
6.9 It is agreed that, upon disclosure of any Information at any time, it is deemed that the Customer has consented to allow Digi the right to use such Information for provision of Services herein, credit assessment and enforcement, Service and process enhancements in improving Customer's convenience, promotional and marketing purposes. In the event that such consent is retracted, Digi shall have the right to automatically terminate the Services or any part thereof.
6.10 For the purposes of data security and for better prevention of loss, Digi has taken the measure of scanning the registration agreement and any and all forms, documents supporting the registration. The Customer agrees that all such scanned records are relevant and admissible in evidence. The Customer will not dispute the accuracy or the authenticity of the contents of such records merely on the basis that such records were scanned copies.
6.11 The Customer accepts that Digi may revise and/or modify the terms of the Agreement. In the event of such revision and/or modification, Digi shall communicate such revision and/or modification at Digi's website. In the event such communication is made at Digi's website, the Customer agrees that by continuing to use the Products and Services after such notification, that the Customer agrees to be bound by, accepts and/or consents to such revision and/or modification.