tapp is a stand-alone service platform currently operated and owned by Digi Telecommunications Sdn. Bhd. (Registration No.: 199001009711 (201283-M)) and is governed by these terms and conditions stated below together with tapp’s Privacy Notice found on https://www.digi.com.my/support/tnc/general/privacy-notice/privacy-notice-en (collectively referred to as the “Terms”).
Each Customer agrees that he/she has read and understood the Terms and by signing up for tapp Services, he/she agrees and accepts to be bound by the Terms. If you do not agree to the Terms, please do not sign up for tapp Services.
Account(s) means an account opened for the Customer with tapp for subscribing to the Service.
Activation/Activated means the point in time when the said Service is activated in the tapp System.
Agreement means the completed registration agreement, all terms and conditions spelled out herein including all subsequent unilateral amendments, variations, additions and deletions made by tapp at its sole and absolute discretion from time to time.
Commercial Gain means any form of profits earned and/ or gained by the Customer directly and/ or indirectly arising from using/utilization of the Service with any unauthorized device or any other ways in any manner whatsoever which unfairly exploit the unlimited free voice and/or data usage (as and when it is made available by tapp in any of its promotions, plans and/ or packages) or spamming activities for the purposes of unauthorized reselling.
Customer means the person authorized for using the Service subject to the terms and conditions herein and/or an entity of whatsoever description including but not limited to a sole proprietorship, a partnership, a body corporate or otherwise governmental bodies and agencies of any kind established under the laws, rules and/or regulations of its domicile for the time being in force and which may come in force more particularly described in the registration agreement.
Information means information, data, content, interactive applications, services and/or any other material the Customer may provide at any time, access, use and/or generate via the Service and/or VAS as applicable, including but not limited to Customer’s personal data.
Mobile Telephone/Device means the wireless telephone equipment which includes a combination of the transmitter and receiver together with accessories for the use of the Service.
Service means the mobile telecommunication, or any other product or Services rendered by tapp, at this current time or in the future, using the tapp System and includes, where applicable, the Value-Added Services. The Service is valid for domestic usage only without international roaming.
SIM Card means the microprocessor card provided by tapp which is inserted in the Mobile Telephone and/or the Device and contains a Personal Identification Number (PIN) for access into the Service and the definition of SIM Card will include Supplementary SIM Card(s) where applicable.
tapp System means the telecommunications system utilised by tapp in providing the Service.
Taxes – Charges will be stated exclusive of any taxes. Customer will be responsible for paying any taxes arising from the Agreement for which Customer is legally liable such as Services Tax at the rate in force at the date the liability arises.
Value-Added Services means additional functions, features or facilities which are currently available or will be made available by tapp from time to time and may be subscribed to and/or used by the Customer in connection with the Service to enable the Customer to access and use information, data, content, WAP and other interactive applications and/or services over the internet and/or intranets (collectively ‘VAS’).
a. This Agreement shall take effect from the date of commencement of the Service when the Customer’s Account is activated and shall continue to be in force until terminated in accordance with the terms and conditions of this Agreement.
b. For the avoidance of doubt, tapp shall have the right to use the Information from the time the Information is disclosed by the Customer.
a. You are required to register and open an Account to access and use the Services. If you are registering an Account for or on behalf of a company or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in Agreement.
b. You can register an Account through your account with certain third-party social networking services, such as Facebook, Google or Apple ID.
c. A single individual may sign up to 1 account.
d. You must provide accurate, current and complete Information during the registration process and throughout the Term of this Agreement. You must keep your Account Information up-to-date at all times.
e. You are responsible for maintaining the confidentiality and security of your Account credentials and may not disclose your credentials to any third party. You must immediately notify tapp if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Account. You are liable for any and all activities conducted through your Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).
a. You may refer to your tapp application for Mobile Device (“the tapp App”) for the latest information about your tapp. tapp shall not be liable for any loss, damage, costs or expenses arising from your failure to do so. The validity period of your Account shall be calculated from the date you have activated your Account by subscribing to the Service up to and until sixty (60) days after the expiry of the Service you have subscribed to (“the Validity Period”). For clarity, your Account shall be deemed active during the Validity Period, however, you are unable to make call(s) and Short Messaging Service (SMS) within the aforesaid sixty (60) days’ period; you are only allowed to receive incoming call(s) and the Short Messaging Service (SMS) during the said sixty (60) days’ period.
b. Save and unless you have subscribed to new Service at any time during the Validity Period, your Account will be suspended for one (1) day where you will unable to make or receive any call(s) and SMS (“the Suspension Period”).
c. Upon expiry of the Suspension Period, your Account will be terminated, and you will not be able to use your Account thereafter.
d. tapp reserves the absolute right to alter any part of the Service and/or the pricing structure of the Service at any time without prior notice.
e. tapp reserves the right at any time without being liable to you or any third party whatsoever to discontinue, interrupt, withdraw or suspend the Service or vary any terms and conditions of such service for such period of time as tapp shall deem fit for any reason whatsoever.
a. The Customer shall:
b. The SIM Card and the number assigned to the Customer shall remain the property of tapp at all times and ownership thereof shall not at any time pass to the Customer, and shall be returned upon demand.
a. tapp 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:
b. tapp at its sole and absolute discretion reserves the right at any time without being liable to the Customer or any third party whatsoever, to:
c. Impose the following fees (non-exhaustive):
d. tapp 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.
e. The Customer shall indemnify and hold tapp 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.
f. 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 tapp, 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. tapp 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.
g. tapp 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 tapp may deem fit for its own credit control purposes and management of the Customer’s account(s).
h. tapp reserves the right and without having to give notice to the Customer to suspend and/or terminate the line in the case of suspected Commercial Gain activity not limited to any voice and/or data services and promotions offered.
i. Upon termination of this Agreement, tapp reserves the right to retain the Deposit or Advance Payment (if any) for such period as tapp shall deem fit for the settlement of any outstanding dues or charges payable by the Customer.
j. tapp 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.
k. It is agreed that, upon disclosure of any Information at any time, it is deemed that the Customer has consented to allow tapp the right to use such Information for provision of Service 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, tapp shall have the right to automatically terminate the Service or any part thereof.
l. For the purposes of data security and for better prevention of loss, tapp has taken the measure of scanning the registration agreement and any and all forms, documents supporting the registration. The Customer agree 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.
m. The Customer accepts that tapp may revise and/or modify the terms of the Agreement at any time without prior notice. tapp may communicate such revision and/or modification at tapp’s website. In the event such communication is made at tapp’s website, the Customer agrees that by continuing to use the tapp Service after such notification, that the Customer agrees to be bound by, accepts and/or consents to such revision and/or modification.
a. The ability of the Customer to access and use Information via VAS is dependent upon the features and functionality of the Customer’s Mobile Telephone or the Device; and the nature and quality of the Information being accessed
b. tapp does not represent, warrant or guarantee the extent to which Customer’s Mobile Telephone or the Device will be able to access Information via VAS or on the Internet or elsewhere.
c. The Customer may only access Information using VAS if all the necessary pre-conditions have been met and further warrants that the Customer’s access to VAS is conditional upon:
d. tapp reserves the right to withdraw VAS at any time without notice and shall not be liable to any party whatsoever for doing so.
a. Where the Customer’s subscription is made pursuant to a promotion, the Customer agrees that upon tapp’s acceptance of the Customer’s application to subscribe to the Service pursuant to a promotion, the Customer shall be subject to such additional terms and conditions as may be attached as conditions to the said promotion. Such additional terms and conditions shall be read as supplementary to the terms and conditions in this Agreement. tapp expressly reserves the right to withdraw any promotions subscribed to by the Customer at any time without assigning reasons for such withdrawal.
a. tapp shall not be liable for any breach of this Agreement caused by an act of God, insurrection or civil disorder, war or military operations, national or local emergency, acts or omissions of Government or other local authorities, industrial disputes of any kind, fire, lightning, explosions, flood, landslides, pandemic or epidemic subsidence, inclement weather, acts or omissions of persons or bodies for whom tapp is not responsible or any other cause whether similar or dissimilar outside of tapp’s control.
a. The Customer shall upon executing this Agreement, consents and permits tapp to use/disclose the Customer’s personal data for purposes including the provision of the Service including but not limited to data matching, trans-border, transfer of data, Call Line Identification Presentation (CLIP), Credit Checking, for any other purpose deemed to be in the interest of tapp and for compliance of any laws and regulations.
a. This Agreement shall be subject to the laws of Malaysia and the parties hereto shall submit to the exclusive jurisdiction of the courts of Malaysia.
b. Any notice which may be given under this Agreement shall be in writing and deemed duly given to the other party if delivered by hand or sent by ordinary post to the address as stated in this Agreement or his/her last known address or by electronic means which includes SMS, email and fax and shall be deemed to have been served at the time when it is delivered if by hand and in the ordinary course of post it would have been so delivered if by post and if by electronic means it would have been so delivered at the date and time sent.
c. The Customer shall pay all and any costs, charges, taxes, stamp duties, fees and expenses in connection with / or incidental to this Agreement. In particular, a fee known as “processing fee” will be charged for the payment of stamp duty and/or the processing of the registration. The processing fee is collected during the registration process and is non-refundable. This processing fee will not be refundable even if you cancel or terminate the registration.
d. All payments made by the Customer are non-refundable. In the event tapp finds that a disputed amount is in favour of the Customer, the Customer agrees to tapp crediting the disputed amount to the Customer’s active Account and/or rebating the Customer in a subsequent bill statement, as deemed fit by tapp.
e. In this Agreement where the context requires, words importing the singular shall include the plural and vice versa and the masculine gender shall include the feminine and neuter genders, shall include natural persons, corporations, partnership and associations. Headings to the clauses herein are for convenience of reference only and shall not affect the construction thereof.
f. The Customer shall not assign this Agreement or any part thereof without the prior written consent of tapp. tapp shall be at liberty at any time without the concurrence of and without notice to the Customer to assign and/or transfer all or any part of its rights and obligations under this Agreement (or any related Agreement) to such persons as it deems fit and upon such assignment or transfer the assignee or transferee shall assume and be entitled to the rights, interests and obligations under this Agreement (or any related Agreement) as if it had been the party to the agreement in place of
g. If one or more of the provisions of the terms and conditions of this Agreement shall be invalid, illegal or unenforceable under any applicable law or decision, the validity, legality and enforceability of the remaining provisions shall not be affected or impaired in any way and such invalid, illegal or unenforceable provision(s) shall be deemed deleted.
h. Failure by tapp to exercise any or all of its rights under the terms and conditions of this Agreement or any partial exercise of a right, shall not act as a waiver of such rights and such rights may be exercised without having to wait for the occurrence or re-occurrence of a similar or any other event giving rise to such rights.
i. tapp reserves the absolute right to verify any information stated in the registration agreement and reserves the right to reject and/or seek such further clarification from the Customer or any other source as deemed necessary to establish the identity of the Customer (including but not limited to subsequent verification for recovery purposes); and such action shall not be considered defamatory or an invasion of privacy nor be the subject of any legal proceedings.
j. This Agreement shall be binding upon the successors in title and permitted assigns of the parties hereto.
k. In the event of any inconsistency between the terms and conditions of this Agreement with any other terms and conditions of any promotions or agreements, the terms and conditions of this Agreement shall prevail.
l. The Customer agrees that print-outs and reproductions of all documents and records pertaining to the Customer, either directly or otherwise, from tapp’s computer system(s)/records shall be admissible in any court of law and conclusive documents, if any.
m. Unless otherwise defined in the terms and conditions of this Agreement and except where the context otherwise provides, all capitalised words and expressions defined in the registration agreement shall have the same meanings when used or referenced to herein.
o. All other terms and conditions governing the use of any of tapp’s mobile telecommunication services, the Service and VAS shall apply herein mutatis mutandis.
p. tapp shall not be liable for any cost, loss or damage (whether direct or indirect) of for loss of revenue, loss of profits or any consequential loss whatsoever as a result of the Customer’s use and utilization of the Service.
q. The Customer hereby agrees and acknowledges that tapp may send notifications and communications periodically as tapp deems appropriate; and the Customer hereby consents to receiving the same. However, the Customer may choose not to receive such notification and communication (opt-out) by contacting tapp customer service to inform tapp of the same.
r. The Customer acknowledges and agrees that tapp shall be allowed to contact the Customer for purposes of service enhancement and sharing of the Service and/or products related matters, from time to time, including after this Agreement has been terminated and/or the Service have been discontinued by either the Customer or tapp for any reason whatsoever.
a. These general terms and conditions for tapp Campaigns shall apply together with the specific terms and conditions set out in each Campaign. In the event of conflict or discrepancy between these general terms and conditions and the specific terms and conditions for a particular Campaign, the latter shall prevail.
b. By participating in a Campaign, the Participant irrevocably agrees to be bound by the terms herein and all other relevant terms and conditions governing the use of any of tapp’s mobile telecommunication services in relation to the Campaign.
c. Unless otherwise stated, all Campaigns are organised by tapp.
d. tapp reserves the right to cancel or amend the Campaign at any time and without prior notice and without any liability to the Customer. For the avoidance of doubt, cancellation or amendment to the Campaign by tapp shall not entitle the Participant to any claim or compensation against/from tapp for any loss or damage suffered by the Participant (regardless of the cause of action) as a direct or indirect result of the aforementioned cancellation or amendment to the Campaign. The Participant agrees not to knowingly damage or cause interruption to the Campaign and/or prevent others from entering a Campaign.
e. The Participant warrants that the entries do not misrepresent an association or connection to some person, brand or thing that it does not actually have, and is not defamatory, libelous, vulgar, obscene, derogatory, pornographic, objectionable with respect to race, religion, creed, national origin, gender or sexual preference, or is otherwise inappropriate or unfit for publication.
f. Where the entry submitted by the Participant contains third party intellectual property rights, the Participant shall ensure that the Participant has obtained the relevant license or ownership for the same from the relevant intellectual property rights’ owner and the Participant shall ensure that the entries do not otherwise infringe any third party’s intellectual property rights. tapp shall not in any way be liable for any such infringement and the Participant shall indemnify and keep tapp and its associated companies, directors, employees, and/or agents harmless from such claims.
g. tapp 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 unauthorized access to Campaign entries, or Campaign entries lost, damaged or delayed as a result of server functions, telecommunication malfunction, technical issues, virus, bugs or other causes beyond tapp’s control.
h. All claims for prizes must be made in the manner stipulated in the specific Campaign terms and conditions. tapp reserves the right to cancel/withdraw/amend prizes at any time and for any reason whatsoever.
i. All prizes are non-transferable and are not exchangeable for cash.
j. tapp’s decision in relation to the prize winner shall be final and binding.
k. In the event of any dispute regarding a Campaign, the rules governing the Campaign, conduct, results, prizes and all other matters relating to a Campaign, tapp’s decision shall be final and binding on the Campaign’s Participants and no correspondence or discussion shall be entertained.
l. The prize winner agrees that he/she will bear any applicable taxes, insurance and other expenses that may be applicable in relation to the prize, except where otherwise stated in the terms and conditions for a specific Campaign.
m. tapp 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 a Campaign, even if tapp has been advised of the possibility of such damages in advance, and all such damages are expressly excluded.
n. By participating in a Campaign, the Participant (and the Participant’s parent/legal guardian, where the Participant is minor)irrevocably agrees to release and hold harmless tapp, and its associate companies, directors, employees, advisors and/or agents from any and all losses, damages, rights, claims and actions of any kind in connection with the Campaign and/or resulting from acceptance, possession, use or misuse of any prize, or travel to or from any prize-related activity, including without limitation, personal injury, death, and property damage, and claims based on publicity rights, defamation, or invasion of privacy.
o. tapp shall not be responsible for incidents of virus attacks and/or any other malicious software infection to a Participant’s mobile phone or device arising as a result of participating in a Campaign.
p. tapp does not warrant that a Campaign shall be uninterrupted and/or error free. By participating in the Campaign, the Participant hereby acknowledges and irrevocably agrees that tapp shall not in any manner be liable for any interruption and/or error relating to or arising from the Campaign.
q. “tapp” and any of its trademarks, service marks, symbols, and captions are trademarks of tapp and/or its associated companies. Where relevant, third parties’ product and service names profiled in a Campaign are trademarks and service marks of their respective companies. Nothing contained herein or in the Campaign shall be construed as conferring a license of tapp’s or the said third parties’ intellectual property rights to the Participant or any other party.
r. Where relevant, a Campaign may make reference to a third party’s product and/or service. Nothing shall be construed as tapp endorsing the use of any third parties’ product or service by the Participant and the use thereof shall be at the Participant’s own risk and tapp shall not be liable for the same.
s. The Participant hereby irrevocably agrees and gives consent to tapp to use the information or publish any related matter connected to the entries including and not limited to the Participant’s name, and photographs for current and future advertising and promotional purposes, without additional consideration and limitation in time or territory and in any media. Where a Participant’s entry(ies) for a Campaign contains data belonging to a third party, the Participant shall obtain consent of the third party prior to submission of entry(ies). Unless otherwise stated, all entries of the Campaign shall become the property of tapp.
t. These general terms and conditions for tapp Campaigns and the specific terms and conditions set out in each Campaign shall be governed by Malaysian law and be subject to the exclusive jurisdiction of the courts of Malaysia.
a. tapp is required to comply with the provisions of the Personal Data Protection Act 2010 and tapp stands by tapp’s privacy notice (“Privacy Notice”) when dealing with the Customer’s Personal Information.
b. tapp Privacy Notice is made available to the Customer and can be found on https://www.digi.com.my/support/tnc/general/privacy-notice/privacy-notice-en.
c. The Customer agrees and accepts that the Privacy Notice forms an integral part of the terms and conditions of the use of the Service.
d. For the purposes of this clause, unless otherwise defined herein and except where the context otherwise provides, all capitalised words and expressions defined in the Privacy Notice shall have the same meanings when used or referenced to herein.
e. The Customer agrees and accepts that by registering and/or continuing to use the Service, the Customer authorises and consents to the Customer’s Personal Information being processed by and where required, disclosed to classes of third parties as identified by tapp for the purposes of tapp providing the Service to you. For the avoidance of doubt, the Customer also hereby also explicitly consents to tapp processing any sensitive personal data relevant for such purposes.
f. The Customer further agrees and accepts that it is a condition of tapp providing the Service to the Customer that;
g. Where the Customer have provided tapp with any personal information of any third party for the purposes of the Service, the Customer;
b. Unlawful Activities
i. In using the tapp Internet Service and/or any other internet access service that may be provided by tapp, Customers must conform to and not violate any laws, particularly the laws of Malaysia, any order, regulation or industry code of practice.
ii. The Customers will also not permit the tapp Internet Services be used for any illegal purposes and /or furtherance of any illegal purposes as well as ensure that any usage will not discredit tapp (“Improper Usage”).
iii. Improper Usage includes but are not limited to, NOT carrying out the following activities:
iv. The Customers will also not permit the tapp Internet Services be used for any illegal purposes and /or furtherance of any illegal purposes as well as ensure that any usage will not discredit tapp (“Improper Usage”).
i. Each Customer must take all reasonable steps to ensure that others do not gain unauthorized access to his/her account and/or prevent a third party from obtaining access to the network. In this regard, each Customer is responsible for:
d. General Use of Service and Abuse
i. Customers must not use tapp Internet Services to obtain or attempt to obtain access to any computer, systems or network. In particular,
ii. The Customer may not resell or otherwise charge others for the use of their internet connection. This service is for recreational, residential, personal use only and may not be used for operations of an internet service provider.
iii. tapp may, at its sole discretion, automatically disconnect the customer’s internet session after a period of inactivity, which may vary from 20 minutes to 30 minutes. This automatic disconnection is to allow maximum network performance.(where applicable)
e. Fair Usage
i. All Internet packages and plans are provided with an allowance in the form of a quota for Internet access in megabytes (MB) or gigabytes (GB) within a specified validity period.
ii. tapp does not guarantee a service level and/or connectivity to users of peer-to-peer or file sharing software/applications. tapp may, at tapp’s discretion, suspend or manage the speed of the Customer’s Internet access if tapp believe the Customer’s Internet usage is excessive, unusual and / or consuming a large amount of bandwidth that affects the quality of the tapp network for other users.
iii. tapp’s Internet Services, in particular, may not be used:
iv. Software and device applications that allows the download of illegal content which tapp prohibits, which is an infringement of copyright and/or intellectual property rights and rightful owners of such copyright and/or intellectual property rights may take measures to prosecute. Each individual download can be traced by the customer’s IP address back to the Customer’s account with tapp.
v. tapp reserves the right to release customer information pursuant to any copyright (and/or intellectual property right) infringement if it is required to do so by any law, regulatory body or court of law.
f. Enforcement on Breach of Policy
a. By accessing tapp’s World Wide Web (“the Webpages”) pages you agree to the following terms.
b. You must not access our pages if you do not agree to all the following terms. The information on this server is protected by copyright © Digi 1995-2007. All rights reserved. Reproduction, transfer, distribution or storage of part or all of the contents in any form without the prior written permission of tapp is prohibited except in accordance with the following permission. tapp consents to you storing on your computer or printing copies of extracts from these pages for your personal non – commercial use only. Individual documents in our World Wide Web pages may be subject to additional terms indicated in those documents.
c. “tapp” and the symbol are trademarks of Digi Telecommunications Sdn Bhd. Third parties’ product and service names profiled herein are trademarks and service marks of their respective companies. Nothing contained shall be construed as conferring a license of tapp’s intellectual property rights on you.
d. The information on this Webpage server is provided “as is”. Except as required by applicable law and except to the extent that this disclaimer (or part) is held to be invalid no warranty of any kind, either express or implied, including any implied warranty of merchantability or fitness for a purpose is made in relation to the accuracy, reliability, completeness or content of the pages. The information contained in the Webpages herein may include technical inaccuracies or typographical errors.
e. tapp reserves the right to revise the pages or withdraw access to them at any time. tapp assumes no responsibility for material created or published by third parties that tapp’s World Wide Web pages have a link to as the material has not been verified or authenticated by tapp.
f. tapp shall not be responsible for any damages suffered as a result of your use of the information in the Webpages and in no event shall tapp be liable for any indirect punitive or consequential damage howsoever arising from your use of the Webpages or the information contained herein.
g. Please note that the content published on our platform is sourced from various service providers with careful measures in place to ensure the material is properly sourced/ appropriately attributed to the rightful owners. However, if there is any contention on the copyright or ownership of said material featured on our platform, you can seek clarification via PM to us on FB/Twitter or e-mail us at [email protected]