1. | The Free Internet / Free Internet Top Up (“Freebies”) (the "Promotion") is a promotion run by Digi for a duration as may be specified by Digi from time to time ("Promotion Period"). |
2. | The Promotion Eligibility:2.1 | All Digi Postpaid Voice and Postpaid Broadband Plans subscribers with specific Internet plans are eligible to participate in the Promotion ("the Participant"). For avoidance of doubt, all other subscribers including prepaid subscribers, Pay- As You- Use internet subscribers are excluded. | 2.2 | Digi reserves the right to reject the Freebies or forfeit at its sole and absolute discretion without having to assign any reasons whatsoever. | 2.3 | By participating in the Promotion, the Participants confirm that they have obtained prior consent from their respective parents or guardians (if the Participant is below 18 years of age). |
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3. | Promotion Mechanics:3.1 | During the Promotion Period, Digi shall grant the Freebies on the effective date as determined by Digi. In order to enjoy the Promotion, the Participant is required to maintain the Internet plan at the time of grant of the Freebies. Further, the Participant must maintain their status as an active subscriber and must not have an amount owing / outstanding exceeding his credit limit for the entire duration of the Promotion Period. | 3.2 | In the event the Participant's amount outstanding exceeds their credit limit and/or where the Participant amends their plan or subscription to one other than the plan or subscription at the date of grant and/or if the plan or subscription is terminated or inactive, the Freebies shall be automatically forfeited. | 3.3 | The Freebies given are non-transferable, whether by operation of law or otherwise, either to any other person, entity or prepaid account. | 3.4 | The Freebies are not applicable to the usage of roaming services. | 3.5 | Please note that all Freebies granted is to be utilised within the Promotion Period and any unutilised Freebies will automatically expire. |
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4. | Digi reserves the right to alter, cancel, terminate or suspend the Promotion or any part thereof with or without any prior notice. For the avoidance of doubt, the alteration, cancellation, termination or suspension by Digi of the Promotion or any part thereof shall not entitled the Participant to any claim or compensation against Digi (in cash or in kind) for any and all loss or damage suffered or incurred by the Participants as a direct or indirect result of the act of alteration, cancellation, termination or suspension. |
5. | Digi reserves the right at its absolute discretion to vary, delete or add to any of the mechanics, or these Terms and Conditions from time to time without prior notice. |
6. | Digi reserves the sole and absolute right to reject a Participant that is deemed ineligible for the Promotion. |
7. | 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, even if Digi has been advised of the possibility of such damages in advance, and all such damages are expressly excluded.
The Participant agrees to indemnify and keep Digi harmless from any claims brought forward by any third party caused by the acts or omission of the Participant and / or that Digi may suffer or incur as a result of or in connection with the Promotion. |
8. | By participating in the Promotion, the Participant 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; and | (ii). | consent to receiving promotional, marketing and other publicity information from Digi from time to time. |
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9. | 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 fulfillment agencies, and legal advisors, harmless from any and all losses, damages, rights, claims and actions of any kind in connection with the Promotion or resulting from acceptance, possession, use or misuse of any freebies, including without limitation, personal injury, death, and property damage, and claims based on publicity rights, defamation, or invasion of privacy. |
10. | 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 Freebies, including, without limitation to, their quality, merchantability or fitness for a particular purpose. |
11. | 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 freebies, or acceptance, possession, or use of the freebies, 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. |
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12. | 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. |
13. | 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. |
14. | By participating in the Promotion, the Participant agrees to be bound by these Terms & Conditions and Digi's decision is final and no correspondences shall be entertained. |
15. | All other terms and conditions governing the use of any of Digi's mobile telecommunication services inter alia in relation to the utilisation of the Promotion shall apply herein mutatis mutandis. |