WOW Membership and Digi Service Subscription Terms & Conditions

Please read our Service Subscription Terms & Conditions carefully – by using Tone Excel and/or Tone Plus, you agree to be bound by them.

WOW Mobile Community Program (“WOW”) is managed by TONE WOW Sdn Bhd (Company No. 1225327-U) (“TONE WOW”) and promoted by Tone Excel International Sdn Bhd (Company Number: 861591-U), “TONE EXCEL” and Tone Plus Sdn Bhd (Company Number: 821189-A), “TONE PLUS”.

The mobile service and accompanying value added services for mobile (collectively referred to as the “Digi Services”) is provided to you by Digi Telecommunications Sdn Bhd (Company number: 201283-M) “Digi”.

“Customers” or “Members” or “you” means the person or entity that registers for WOW membership program and has agreed to subscribe to Digi Services and WOW products and services and who access and utilise WOW Website, “TWMMS” Tone Wow Membership Management System and/or its related products and/or services.

WOW and the Digi Services are subject to Terms and Conditions.

In relation to the Digi Services only;

    (a) All Terms and Conditions in relation to the use of the Digi Services are as set out in https://www.digi.com.my/support/tnc/plans/digi-prepaid/call-plans 

    (b) By using the Digi Services, you hereby agree to the Terms and Conditions and/or fair usage policy in https://www.digi.com.my/support/tnc/general/others/fair-usage-policy  and/or Digi’s privacy notice in hhttps://www.digi.com.my/support/tnc/general/privacy-notice/privacy-notice-en

    The Terms and Conditions under (a) and (b) above shall collectively be referred to as “Digi Terms”.

    (c) Digi reserves the right to vary, update and / or revise its Terms and Conditions at any time without prior notice. Please do visit Digi’s website to check on the latest Terms and Conditions. By you continue using the Digi Services upon such variation, update and / or revision, you are deemed to have agreed and accepted such variation, update and / or revision.

    (d) In the event of any inconsistency or conflict between the terms of the T&C and the Digi Terms in respect of the Digi Services, the Digi Terms shall prevail to the extent it is related to the Digi Services.


Additional Terms and Conditions specific to WOW will be made available in our website at www.tonewow.net/en/tnc . These, including amendments to them, are hereby incorporated as an essential part of these Service Subscription Terms & Conditions, all of which are collectively referred to as “T&C.”

Confirmation

By registering for WOW and activating the Digi Services, you agree that:

You have read and fully understood all of the T&C. Your participation in WOW and use of the Digi Service, upon activation, constitutes unconditional acceptance to be bound by additional terms specific to various Value Added Services and these T&C including its amendments. You confirm that you are competent to accept these T&C. You confirm that you are at least 12 years of age. The information you provided for registration is valid and accurate.

Additionally, you agree to:

  • Be a WOW Member and Digi Subscriber of Digi Service.
  • Update TONE WOW, TONE EXCEL and TONE PLUS of your registration information should there be any changes.
  • Allow TONE WOW, TONE EXCEL, TONE PLUS and Digi to verify the information provided by you for the registration of WOW Membership and activation of your Digi Services with third parties where necessary.
  • Bear responsibilities for all charges incurred for WOW Membership, Digi Services and to the mobile number you purchased.
  • Fully indemnify TONE WOW, TONE EXCEL and TONE PLUS and Digi for any fraud, misrepresentation, unauthorized or unlawful usage of WOW and the Digi Service through your mobile number which resulted in loss, damage, costs or expenses.
  • View and listen to TONE WOW, TONE EXCEL and TONE PLUS and/or Digi advertisements, where applicable, to enable TONE WOW, TONE EXCEL, TONE PLUS and/or Digi to continue providing attractive packages.
  • Allow TONE WOW, TONE EXCEL, TONE PLUS and/or Digi to accessing your account information

Acceptable Use

You are solely responsible for all acts or omissions that occur when being WOW Member and using Digi Service. In addition, you agree to abide by the Malaysian Communications and Multimedia Commission regulations governing the use of mobile services, available at www.skmm.gov.my including but not limited to, agreeing that the Service may only be used for lawful purposes. You agree that you will not use the Service in a manner which will result in any criminal or civil liability for TONE WOW, TONE EXCEL, TONE PLUS and/or Digi and/or its related corporations.

You are solely responsible for the content which you post or transmit through Digi Services and you acknowledge that TONE WOW, TONE EXCEL, TONE PLUS and/or Digi and/or its related corporations are only the conduit for posting, distribution and transmission of data. By way of example and not as a limitation, you agree not to use the Service as follows:

  • for any unlawful purposes or for any purpose which is against public interest, public order or national harmony; or
  • to publish defamatory, infringing, obscene or other unlawful material; or
  • to publish defamatory, infringing, obscene or other unlawful material; or
  • in connection with the infringement of the copyright, patent, trademark, trade secret or other proprietary rights of any third party or rights of publicity or privacy; or
  • to post or transmit through the Service unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, privacy invading sexual/racially offensive or otherwise objectionable material of any kind or nature

Digi Service

“Digi Services” means the Digi mobile telecommunication services; which includes voice, SMS and other features and services made available by Digi. as posted on www.digi.com.my (“Digi Website”) from time to time. Digi Services are offered on an “as is” and “as available” basis with no warranties of any kind.

Digi, TONE WOW, TONE EXCEL and/or TONE PLUS reserves the right to terminate your Digi Services at any time without providing any reason or notification if you breach any of the terms and conditions or provided inaccurate/incomplete registration information. Digi, TONE WOW, TONE EXCEL and/or TONE PLUS reserves the right to add, change or terminate any of promotions, services, rates and charges without prior notice.

Free and unlimited Digi Services are subjected to Fair Use Policy. Under this policy, you may use Digi Services within reasonable limits. If Digi, TONE WOW, TONE EXCEL and TONE PLUS judge that your use is excessive and unreasonable, Digi, TONE WOW, TONE EXCEL and/or TONE PLUS may inform you to moderate your usage. Digi, TONE WOW, TONE EXCEL and/or TONE PLUS reserves the right to charge you at prevailing rates or suspend/terminate the services in accordance with this Agreement.

SIM Card

All TONE WOW SIM cards must be activated within 14 days of registration and in Malaysia only. SIM cards which have not been activated within 14 days of registration will not be usable. Digi, TONE WOW, TONE EXCEL and/or TONE PLUS is not liable for refunding or compensating such expired SIM cards.

TONE WOW, TONE EXCEL and TONE PLUS and/or Digi reserves the right to impose a charge for SIM card replacement. Your registered SIM card is not transferable without a written consent from TONE WOW, TONE EXCEL atau TONE PLUS. You will be liable for all terms and conditions in this Agreement until TONE WOW, TONE EXCEL and TONE PLUS confirmed your transfer with a written notice

Please refer to TONE WOW, TONE EXCEL or TONE PLUS for any SIM replacement or Change Ownership request. TONE WOW, TONE EXCEL or TONE PLUS are not responsible if the request is done at any Digi Kiosk or Branch that affect your incentive/commission forfeited.

Digi Top Up and Validity

The validity period for each top up denomination is printed on the voucher and listed on www.tonewow.net (“TONE WOW Website”). TONE WOW, TONE EXCEL and TONE PLUS and/or Digi reserves the right to change or modify the validity period without prior notification. You will be notified via text message of the top up amount, total available credit and new validity period upon each successful top up. TONE WOW, TONE EXCEL and TONE PLUS and/or Digi is not responsible for, nor do we refund lost, stolen, misused, or damaged top up vouchers or PINs. All top up purchases are final and non-refundable, regardless of who actually uses or possesses the vouchers or PINs, with or without your consent. In addition, TONE WOW, TONE EXCEL and TONE PLUS and/or Digi is not liable for any loss or damage due to top up errors caused by the user of the coupon. Top up coupons and e-voucher PINs which have passed the expiry dates will not be usable. TONE WOW, TONE EXCEL and TONE PLUS and/or Digi is not liable for refunding or compensating expired top up coupons or e-voucher PINs.

Third Party Services or Products

TONE WOW, TONE EXCEL and TONE PLUS and/or Digi is not responsible or liable for any third-party services or products which you access, use or acquire through Digi Services and/or TONE WOW, TONE EXCEL and TONE PLUS Services.

General

In addition to the Terms and Conditions contained herein, information published from time to time on TONE WOW website and Digi's website, relevant to you as a WOW Member and continued use of the Service, shall be construed as and shall immediately be read as being part of these Terms and Conditions. TONE WOW, TONE EXCEL and TONE PLUS and/or Digi is not liable for any loss, damage, cost, personal injury or expenses suffered by you or any third party while utilizing our service as a result of the following:

  • Matters beyond our control, such as but not limited to, act of God, mandate from regulatory authority, war, national emergency, strike, accident, fire, lightning, equipment and electrical failure and/or malfunction.
  • Any act, omission, error, default or negligence by TONE WOW, TONE EXCEL and TONE PLUS and/or Digi or our business partners.
  • Unauthorized access or usage of Digi Services by third party.
  • These Terms and Conditions will be governed by the laws of Malaysia.
  • The Terms and Conditions herein are subject to change without prior notice and at TONE WOW, TONE EXCEL and TONE PLUS and/or Digi's discretion.

Change of Third Party Service

TONE WOW, TONE EXCEL, TONE PLUS and/or Digi reserved the absolute rights to and acquire the Services from other provider to replace any Third Party Service provided to WOW Members in WOW Mobile Community Program:

  • WOW Members’ will be subjected to T&C of the new Provider of the Service
  • TONE WOW, TONE EXCEL, TONE PLUS and/or Digi shall at best endeavor to have minimum service interruptions and where applicable allow WOW Member to retain their mobile number
  • WOW Member may be required to change SIM Card and/or configure their mobile devices. WOW Members may incur charges for SIM Card and/or other charges.
  • TONE WOW, TONE EXCEL, TONE PLUS and/or Digi will provide WOW Members with notice of cessation of the said Services.
  • WOW Members that opt not to change to the new Services Provider after the cessation of the said Services:
      • TONE WOW, TONE EXCEL, TONE PLUS and/or Digi shall not have any responsibilities and liabilities whatsoever of the cessation of said Services, and
      • WOW Membership of the said WOW Members may be terminated and all benefits, including all incentives shall be forfeited.

Notice on Non-Competition and Non-Solicitation

WOW Branch, Service Center and/or Junior Center appointed by TONE WOW have respectively entered into agreements with or otherwise shall be deemed to have so entered with TONE EXCEL, TONE PLUS and are thereby granted the rights to recruit WOW Members, market and sell WOW Products & Services inter alia on the following material terms and conditions:-

  • that, during the term of the Agreement and for a period of twelve (12) months after termination or   determination thereof, you shall not by yourself or in collaboration with any individual and/or entity:-
    • act as agent, distributor, branch, dealer and/or officer of any other company which is engaged in a business that is similar or in competition with the business of TONE WOW;
    • offer, market, promote, distribute and/or sell any product and/or services which are the same or similar in nature with TONE WOW’s Products & Services in any manner whatsoever; and/or
    • transfer, assign, charge, part in any manner or purport to assign, transfer, charge, part with the rights, benefits, obligations and/or liabilities herein contained without TONE WOW’s prior written consent.

 

  • that, during the term of the Agreement and for a period of twelve (12) months after termination or determination thereof, you shall not by yourself or in collaboration with any individual and/or entity:                         
    • directly or indirectly solicit or attempt to solicit any business whatsoever from any of the TONE WOW, WOW Branch, Service Center and/or Junior Center without the prior written consent of TONE WOW.

 

  • that, during the term of the Agreement and for a period of twelve (12) months after termination or determination thereof, you shall not:-
    • directly or indirectly, on your own behalf or on behalf of or in conjunction with any person or legal entity, recruit, solicit, or induce, or attempt to recruit, solicit or induce, any WOW Branch, Service Center and/or Junior Center and/or any staff or employee of TONE WOW, to terminate their business/employment relationship with TONE WOW.

 

Your continued use, marketing and sale of the WOW Products and Services or involvement thereof after notice of any change to the terms and conditions shall also be deemed to be your agreement to the amended terms and conditions of the agreement.

 

WOW Member Code of Conduct

The Code is intended to govern the conduct of all WOW members. The principles set out do not interpret, qualify or supplant the law of the land, and are not intended to be applied to non-consumer sales. These principles do not replace the rights or remedies a consumer may derive by virtue of any agreement, the common law or any legislation. It is nevertheless conceivable that conduct which is the subject of a contract and which may not be in conflict with statutory or common law, may still amount to an unacceptable business practice in terms of the Consumer Affairs.

It should not be overlooked that consumers also have a role to play. They must fully appraise themselves of their rights and obligations as they are set out in any relevant contract that they may conclude with a WOW member.

The Code govern the conduct of all WOW Members

Definitions

  • Party selling: Selling through explanation and demonstration of products to an individual or a group of prospective customers by WOW Member(s).
  • Product: Product includes goods and services, both tangible and intangible.
  • Recruiting: Any activity conducted for the purpose of inducing another person to become a WOW Member.
  • Selling: Selling includes contacting potential customers, presenting and demonstrating products, taking of orders and delivery of goods and the collection of payment.

Code of Conduct towards Consumers

WOW Member shall immediately and truthfully identify themselves to their prospective customers and the nature of their products and purpose for the approach.

Information

Explanation and demonstration of the product offered shall be accurate and complete, in particular with regard to price and, if applicable, credit price (any interest rate charged on an annual compounded basis should be clearly stated in the original agreement), terms of payment, cooling-off period or return rights, terms of guarantee and after-sales service and delivery. The emphasis must be on placing the consumer in a position to make an informed decision having been given all the relevant details on the product and relevant pricing.

Complaints and Responsibilities

In the event of a consumer complaining that a WOW Member, in offering for sale the products of a WOW Member, has engaged in any improper course of conduct pertaining to the sales representation of its goods, the WOW Member shall promptly investigate the complaint and shall take such steps as it may find appropriate and necessary under the circumstances to assist with the redress of any wrongs which its investigation discloses to have been committed. In all instances a consumer retains the right to refer any complaint to TONE WOW, TONE EXCEL and TONE PLUS and/or relevant Consumer Affairs Authority should a WOW Member unable to resolve the complaint to the complete satisfaction of the consumer.

Referral Selling

WOW Members shall not induce a customer to purchase goods or services based upon the representation that a customer can reduce or recover the purchase price by referring prospective customers to the sellers for similar purchases, if such reduction or recoveries are contingent upon some unsure future date. WOW Member shall not promise or grant customers unreasonably high financial advantages for the recommendation of another customer.

Recruiting

WOW Member shall utilise only the highest level of ethics in recruiting WOW Members. Information provided by the WOW Member to prospective WOW Member concerning the opportunity and related rights are to be true and complete. WOW Member shall not make any statement to any prospective recruit which cannot be verified or make any promise, which cannot be fulfilled.

Recruiting Rewards

No WOW Member shall represent that benefits can be gained solely by introducing others and must promote the business as an opportunity for every participant to retail bona fide products to consumers at a realistic profit. Compensation must be tied to ultimate sales. Reasonable cash rewards and other incentives for bringing in new recruits are acceptable. Recruiting can be rewarded by offering incentives based on another recruit’s sales.

General

The primary responsibility for the observance of the Code shall rest with each WOW Member. In case of any breach of the Code, WOW Members shall make every reasonable effort to satisfy the complainant.

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