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This Capture Extra Storage Promotion (“Promotion”) is organised by
Digi Telecommunications Sdn. Bhd. (201283-M) ("Digi") in collaboration
with Telenor Digital AS (“TD”), the internet based storage service
provider of the Capture App (“Capture”) and is governed by these terms
and conditions and any subsequent accompanying promotion details (if
any) (collectively referred to as the “Terms”) as provided by Digi
and/or Capture (“Organisers”). Each participant of this Promotion agrees
that he/she has read and understood these Terms and by their
participation in the Promotion, each participant agrees to be bound by
the Terms. |
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2. |
Promotion Period
2.1 |
This Promotion will commence at 12:00 a.m. (Malaysian time) on 12th June 2015 and will continue until 11:59 p.m. (Malaysian time) on 29th
April 2017(“Promotion Period”) unless stated earlier which participants
will be notified via e-mail or SMS. Entries received after the said
duration will automatically be disqualified from the Promotion.
Notwithstanding the above, Digi reserves the right in its sole and
absolute discretion to vary, postpone or re-schedule the said duration. |
2.2 |
The validity period of the Promotion shall end upon the expiry
date of the Promotion period. Notwithstanding the above, Digi reserves
the right in its sole and absolute discretion to vary, postpone or
re-schedule the said duration. |
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3. |
Eligibility and Entitlement
3.1 |
This Promotion is open
to all individuals legally residing in Malaysia, who are existing Digi
subscribers and new Subscribers whom upgrades their Smartplan and/or
signs up with Digi whichever that’s applies) in the manner as set out
in below within the Promotion Period (“Eligible Recipients”).
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Entitlement for Digi SmartPlan 108 shall be extra 100GB |
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Entitlement for Digi SmartPlan 148 shall be extra 100GB |
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Entitlement for All Prepaid & Postpaid Call Plans shall be extra 30GB |
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3.2 |
All personal details submitted must be accurate and complete and are subject to proof upon request by Digi. |
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4. |
Mechanics
4.1 |
Upon 48 hours from
the activation by the Eligible Recipients of Digi services based on
his/her respective subscription of the Applicable Digi Plan, each
Eligible Recipient will receive one SMS (“Confirmation SMS”) from Digi
notifying his/her entitlement to the Promotion. The Confirmation SMS
will also include a link to website in which such Eligible Participant
will need to go to and complete the activation process therein in order
to receive the Promotion. |
4.2 |
For Eligible Recipients who do not receive the Confirmation
SMS within the stipulated timeline, such Eligible Recipient can indicate
his/her interest in the Promotion by sending the keyword “CAPTURE” to
20000 (“CAPTURE SMS”) and normal SMS charges of RM0.15 (excluding 6%
GST) will be incurred by Eligible Recipient. |
4.3 |
Within 24 hours after sending the CAPTURE SMS, each Eligible
Recipient will receive one SMS from Digi notifying his/her entitlement
to the Promotion and for those entitled to the Promotion, the
Confirmation SMS will also include a link to website in which such
Eligible Participant will need to go to and complete the activation
process therein in order to receive the Promotion. |
4.4 |
By activating and/or using the Promotion, each Eligible Recipient accepts;
(i) |
the Terms of Service governing the use of the Capture as set out by TD in its website (www.capture-app.com) |
(ii) |
that there are minimum requirements (including but not
limited to operating system, and device requirements as may be
stipulated by Capture (from time to time) which must be met in order to
utilize the Promotion. |
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4.5 |
The Promotion given is non-transferable, whether by
operation of law or otherwise, either to any other person, entity or
account. |
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5. |
By participating in this Promotion, each Eligible Recipient agree
and consent to such details including without limitation personal
data/information being collected, processed and used by the Digi and/or
Organisers for;
(i) |
the purposes of the Promotion; |
(ii) |
marketing and promotional activities conducted in such manner as
Digi and/or the Organisers see fit worldwide in any media including
without limitation the Internet, without further express consent from,
and payment or consideration to the relevant participant. 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, each participant agrees to co-operate and participate
without further express consent and/or payment or consideration, in all
reasonable advertising and publicity activities of Digi and/or the
Organisers relating to the Promotion. |
(iii) |
other promotional, marketing and publicity
notification/information including future promotional, marketing and
publicity notification/information from Digi and/or the Organisers from
time to time. |
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6. |
In addition, where any of the data/information especially personal
data relating to the participants and/or third parties (where
applicable) are submitted to Digi and/or the Organisers and/or by any
participant in connection to this Promotion, each participant;
(i) |
warrant that he/she is in possession of all necessary consents
and shall continue to maintain such consents as may be required for Digi
and/or the Organisers’ and/or usage and processing of such
data/information; and |
(ii) |
agree that it shall be the said participant’s responsibility to
advise Digi and/or the Organisers in writing should there be any
relevant change in the said data/information provided to Digi and/or the
Organisers which require action on the part of Digi and/or the
Organisers. |
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7. |
Digi does not warrant that the Promotion shall be uninterruptible
and/or error free. By participating in the Promotion, each of the
Eligible Recipient hereby acknowledges and irrevocably agrees that Dig
shall not in any manner whatsoever be liable for any interruption and/or
any error arising from the Promotion and/or usage of the Promotion. |
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8. |
To the fullest extent permitted by law, Digi hereby expressly
exclude and disclaim any representations, warranties, or endorsements,
express or implied, written or oral, including but not limited to, any
warranty of quality, merchantability or fitness for a particular purpose
in respect of Capture and the Promotion. |
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9. |
Digi;
(i) |
reserve the right at its absolute discretion to vary, delete
and/or add the mechanics and any of these Terms from time to time
without prior notice. For the avoidance of doubt, cancellation,
termination or suspension by Digi of the Promotion or any part thereof I
shall not entitle the Eligible Recipient to any claim or compensation
against Digi (for cash or in kind) for any and all loss or damages
suffered or incurred by the Eligible Recipient as a direct or indirect
due to cancellation, termination, suspension or alteration. |
(ii) |
reserves the right at its absolute discretion to vary, delete
and/or add to any of the mechanics or these Terms and Conditions from
time to time without prior notice. |
(iii) |
reserves the sole and absolute right to reject a participation that is deemed ineligible for the Promotion. |
(iv) |
shall not be responsible or liable for any claims of loss or
damage to property or any personal injury or loss of life resulting from
or in connection with this Promotion and/or use of Capture and the
Promotion |
(v) |
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 Capture and the Promotion
even if Digi has been advised of the possibility of such damages in
advance, and all such damages are expressly excluded. |
(vi) |
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 and/or TD. |
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10. |
By participating in the Promotion, each Eligible Recipient hereby
agrees and irrevocably and unconditionally undertakes to fully absolve
Digi of all liabilities and agree to indemnify Digi (on full indemnity
basis) and hold DiGi harmless against any claim by any third party and
against any loss, damage, cost or expense (including solicitors’ fees
and cost) that Digi may suffer or incur as a result of or in connection
with the Promotion. |
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11. |
By participating in the Promotion, the Eligible Recipient shall be
deemed to have unconditionally accepted all the Terms and Conditions of
this Promotion. The Eligible Recipient further agrees to be bound by the
said terms and conditions and that Digi’s decision shall be final and
no correspondences on the dissatisfaction of the said terms and
conditions will be entertained. In furtherance thereto the Eligible
Recipient agrees to co-operate and comply with all reasonable requests
of Digi in connection with the Promotion and consents to receiving
promotional, marketing and other publicity information from Digi from
time to time. |
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12. |
Digi and its respective parent companies, subsidiaries, affiliates,
licensees, directors, officers, employees, agents, independent
contractors advertising/promotion and fulfillment agencies and legal
advisors make no warranties, express or implied, in fact or in law,
relative to the use or enjoyment of any of the Capture and the
Promotion, including, without limitation to, their quality,
merchantability or fitness for a particular purpose. |
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13. |
Digi and its respective parent companies, affiliates, subsidiaries,
licensees, directors, officers, employees, agents, independent
contractors, advertising, promotion, and fulfillment agencies, and legal
advisors are not responsible for and shall not be liable for:
(i) |
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; |
(ii) |
late, lost, delayed, misdirected, incomplete, illegible or unintelligible e-mails; |
(iii) |
failed, incomplete, lost, garbled, jumbled, interrupted, unavailable or delayed computer transmissions; |
(iv) |
any condition caused by events beyond the control of Digi that may cause the Promotion to be disrupted or corrupted; |
(v) |
any claims, injuries, losses damages or actions of any kind
arising in connection with or as a result of the Capture and the
Promotion (as the case may be), or acceptance, possession, or use of the
Capture and the Promotion (as the case may be), or from participation
in the Promotion including without limitation, personal injury, death
and property damage and claims based on publicity rights, defamation or
invasion of privacy; or |
(vi) |
any printing or typographical errors in any materials associated with the Promotion; |
(vii) |
any claims by third party for infringement of intellectual property rights. |
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14. |
A failure by Digi to enforce any of these Terms in any instance(s) will not give rise to any claim by any person. |
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15. |
These Terms shall be governed and construed by the Laws of Malaysia
and the parties shall submit to the exclusive jurisdiction of the Courts
of Malaya. |
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16. |
All other terms and conditions governing the use of any of Digi's
mobile telecommunication services, in particular, terms governing Digi
services as set out in the Digi’s website shall apply herein mutatis
mutandis. |
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