1. Internet usage refers to Subscriber's access to the Internet via Digi's GPRS, EDGE or 3G Network (whichever applicable).
2. Digi does not guarantee or warrant the availability of the Internet usage and the Subscriber(s) acknowledges and agrees that the Internet usage is provided on an "as is" basis.
3. Digi reserves the right to revise, modify and/or change these terms and conditions at any time at Digi's sole discretion without providing notice to Subscribers. Continued use of this service following any changes to these terms and conditions constitutes an acceptance to those changes (if any). Subscribers are advised to visit this page periodically to review the terms and conditions.
4. The existing Digi Prepaid Terms & Conditions shall apply and in the event of dispute over Mobile Internet matters, these terms and conditions shall prevail.
5. Digi reserves the right to terminate, suspend or block a Customer's usage of its services for any reason including but not limited for usage for the purpose of Voice Over Internet Protocol, P2P and Messaging services.
XL 38
1. The terms and conditions herein govern the use of XL 38.
2. For the purposes herein, the following definition shall be applicable:
| Term | Definition |
|---|---|
| Expiry Date | Means the last day of the Subscription Period. |
| Renewal Date | Means the date of renewal of the subscription for the Subscribers. |
| Subscriber(s) | Means Customers who subscribe to XL 38. |
| Subscription Date | Means the date of which the Subscriber subscribed to XL 38. |
| Subscription Fee | Means the charges for the XL 38. |
| Subscription Period | Means the validity of the subscription once subscribed or renewed thereafter. |
| Subscription Renewal | Means the renewal of the Subscriber's current subscription. |
| Termination Date | Means the date of which the Subscriber terminates their subscription to XL 38. |
3. XL 38 is a monthly recurring subscription plan for Internet access on mobile phones for Digi Prepaid Subscribers only (except for Prepaid Internet and Prepaid Smart Plan subscribers).
4. The Subscription Fee for XL 38 is RM38.00 and shall be deducted from the Subscribers' credit balance. However, Digi reserves the absolute right and discretion to revise the pricing of XL 38 for any reason whatsoever without the prior consent of the Subscribers. For avoidance of doubt, the Subscribers are not entitled to use the amount available in their FREE Talktime to off-set against their Subscription Fee.
5. The Subscription Period is 30 days and is stipulated as the time from which the Subscriber subscribes to XL 38 OR have his/her subscription renewed until the earlier of the end of the day that is 11.59pm OR when the next renewal takes place. For the avoidance of doubt, renewal of XL 38 is scheduled at 12am. Nonetheless, due to common systems behavior where processing (in this case Subscription Renewal) is sequential in nature, renewal for all Subscribers shall be in queue OR immediately after 12am if there is usage triggered by the Subscriber.
6. By subscribing to XL 38, the Subscribers are entitled to a usage of 1GB during the Subscription Period as stipulated in Digi's existing Fair Usage Policy. Upon exceeding the fair usage quota of 1GB, the Subscribers shall be directed to purchase Internet Top Up. Digi reserves its absolute right and discretion to apply the Fair Usage Policy if the Subscriber is suspected to have had abused the Internet usage in whatsoever way including exceeding the fair usage limit of 1GB. However the Subscribers will continue to enjoy Internet access at high speed for all browsing on Opera Mini even after the fair usage quota 1GB is reached.
7. In addition subscriber will also be granted 350 minutes of Digi-Digi calls and 350 Digi-Digi SMS valid for 30 days
8. Unlimited social messaging refers to sending and receiving messages, videos and pictures on applications such as FB Messenger, KakaoTalk, WeChat and others. Unlimited social messaging promotion offered here does not include voice calls made from the applications mentioned above.
9. The Subscription cannot be transferred to any other mobile number.
10. The Subscription is valid for domestic Internet usage only. The Subscriber shall be charged based on the Internet access rate imposed by the respective Digi's roaming operators for Internet usage whilst roaming with Digi's roaming partners.
11. The Subscribers' Subscriptions shall be renewed every 30 days. Digi will send an SMS notification upon successful renewal. However, Digi does not guarantee the timeliness of the subscription renewal and shall not bear responsibility for any damages incurred directly or indirectly due to a delayed or failed renewal within the stipulated renewal window as stated in this clause.
12. If the renewal fails for any reason whatsoever, Digi will send SMS notification to the Subscribers to inform the Subscribers of the failure. Failure of renewal may be due to inter alia either insufficient credit in the Subscribers' main credit balance OR the Subscribers are currently in R1 status due to validity. However, Digi shall not bear responsibility for any damages incurred directly or indirectly due to or consequences of failure to send out the SMS notification within the stipulated renewal window as stated in this clause.
13. In the event of a failed renewal due to insufficient credit or suspended status due to validity, Digi shall renew such subscription once the Subscribers had made the necessary top up or reload.
14. XL 38 is an auto-renewed subscription. THE SUBSCRIBERS MUST TERMINATE THEIR SUBSCRIPTION IF THEY WISH TO DISCONTINUE THEIR SUBSCRIPTION.
15. If the Subscribers did not exceed the Internet fair usage quota of 1GB within their Subscription Period, the Subscribers are not allowed to carry forward the unused quota to the subsequent Subscription Period. Subscribers are not allowed to carry forward any unutilized Digi-Digi minutes and SMS granted as part of the XL 38 subscription.
16. In the event of early termination prior to the Expiry Date, the Subscribers' Mobile Internet plan shall immediately revert back to the default Pay-As-You-Use charging rate. In addition, the Subscribers shall not be refunded in any manner on the unused hours prior to the Expiry Date, even if the Subscriber subscribes again thereafter (no pro-rate of the Subscription Fee).
17. All unutilized Internet , Digi-Digi minutes and SMS will be forfeited at the point of XL 38 termination or should Subscriber fail to auto renew their subscription due to insufficient credit balance.
18. The Subscribers are not allowed to subscribe and/or unsubscribe to XL 38 for more than nine (9) times within a calendar month.
19. Digi shall not be responsible in any way in the event that the Subscriber's subscription is activated by a 3rd party without their consent. Digi shall not refund nor compensate the Subscriber in any manner whatsoever in such situations.
20. This service is provided on an as is basis and Digi does not guarantee or warrant that there shall be no problem, defect or is error free in the Internet access or usage provided by this subscription. Digi shall not be responsible in any way whatsoever for the loss incurred directly or indirectly for such failure or any problems associated to the network in any way whatsoever. XL 38 is optimized for Internet browsing on the mobile phone and it is not intended for peer-to-peer or file sharing applications. Digi reserves its absolute right and discretion to apply the Fair Usage Policy if the Subscriber is suspected to have had abused the Internet usage in whatsoever way including exceeding the fair usage limit of 1GB.
21. If the Subscribers have free Kilobytes (KBs) in their Freebie account, the Subscribers' free KBs shall not be utilized until the Subscribers terminate their Subscription to XL 38
22. By subscribing to XL 38, the Subscribers acknowledge that they understand the terms & conditions herein and agree to abide by it.