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) (“TONEWOW”) and promoted by Tone Excel International Sdn Bhd (Company Number: 861591-U) (“TONEEXCEL”) and Tone Plus Sdn Bhd (Company Number: 821189-A) (“TONEPLUS”).
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”).
WOW and the Service are subject to terms and conditions hereinafter.
Additional terms and conditions specific to WOW are set out on our Website www.tonewow.net/tnc and Digi Service are set out in www.digi.com.my/tnc. These, including amendments to them, are hereby incorporated as an essential part of these terms and conditions, all of which are collectively referred to as “T&C.”
You acknowledge that you have read and fully understood all the T&C. Your participation in WOW and use of the 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.
By registering for WOW and activating your Digi Services, you agree to:
- Be a WOW Member and Digi Subscriber of Digi Service.
- Update TONEWOW, TONEEXCEL and TONEPLUS of your registration information should there be any changes.
- Allow TONEWOW, TONEEXCEL, TONEPLUS 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 TONEWOW, TONEEXCEL and TONEPLUS and Digi for any fraud, misrepresentation, unauthorized or unlawful usage of the Service through your mobile number which resulted in loss, damage, costs or expenses.
- Obtain the necessary compatible hardware, i.e. mobile GSM phone to access Digi Services.
- View and listen to TONEWOW, TONEEXCEL and TONEPLUS and/or Digi advertisements to enable TONEWOW, TONEEXCEL, TONEPLUS and/or Digi to continue providing attractive packages.
- Allow TONEWOW, TONEEXCEL, TONEPLUS and/or Digi accessing your account information, including usages to respond to service, technical issues and/or marketing activities.
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 TONEWOW, TONEEXCEL, TONEPLUS 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 TONEWOW, TONEEXCEL, TONEPLUS 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
- 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
- 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, libellous, abusive, threatening, harmful, vulgar, obscene, privacy invading sexual/racially offensive or otherwise objectionable material of any kind or nature
“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, TONEWOW, TONEEXCEL and/or TONEPLUS 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, TONEWOW, TONEEXCEL and/or TONEPLUS 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, TONEWOW, TONEEXCEL and TONEPLUS judge that your use is excessive and unreasonable, Digi, TONEWOW, TONEEXCEL and/or TONEPLUS may inform you to moderate your usage. Digi, TONEWOW, TONEEXCEL and/or TONEPLUS reserves the right to charge you at prevailing rates or suspend/terminate the services in accordance with this Agreement.
All TONEWOW 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 useable. Digi, TONEWOW, TONEEXCEL and/or TONEPLUS is not liable for refunding or compensating such expired SIM cards.
TONEWOW, TONEEXCEL and TONEPLUS 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 TONEWOW, TONEEXCEL and TONEPLUS. You will be liable for all terms and conditions in this Agreement until TONEWOW, TONEEXCEL and TONEPLUS confirmed your transfer with a written notice.
Digi Top Up and Validity
The validity period for each top up denomination is printed on the voucher and listed on www.tonewow.net (“TONEWOW Website”). TONEWOW, TONEEXCEL and TONEPLUS 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. TONEWOW, TONEEXCEL and TONEPLUS 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, TONEWOW, TONEEXCEL and TONEPLUS 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. TONEWOW, TONEEXCEL and TONEPLUS and/or Digi is not liable for refunding or compensating expired top up coupons or e-voucher PINs.
Third Party Services or Products
TONEWOW, TONEEXCEL and TONEPLUS 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 TONEWOW, TONEEXCEL and TONEPLUS Services.
In addition to the Terms and Conditions contained herein, information published from time to time on TONEWOW website and Digi's website, relevant to your continued as WOW Member and use of the Service, shall be construed as and shall immediately be read as being part of these Terms and Conditions. TONEWOW, TONEEXCEL and TONEPLUS 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 TONEWOW, TONEEXCEL and TONEPLUS 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 TONEWOW, TONEEXCEL and TONEPLUS and/or Digi's discretion.
Change of Third Party Service
TONEWOW, TONEEXCEL , TONEPLUS 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
- TONEWOW, TONEEXCEL, TONEPLUS 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.
- TONEWOW, TONEEXCEL, TONEPLUS and/or Digi will provide WOW Members with notice of cessations of the said Services.
- WOW Members that opt not to change to the new Services Provider after the cessation of the said Services:
- TONEWOW, TONEEXCEL, TONEPLUS and/or Digi shall not have any responsibilities and liabilities whatsoever of the ceased of the 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 TONEWOW have respectively entered into agreements with or otherwise shall be deemed to have so entered with TONEEXCEL, TONEPLUS and thereby granted the rights to recruit WOW! Members, market and sell WOW! Products & Services inter alia on the following material terms and conditions:-
1. 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 TONEWOW;
- offer, market, promote, distribute and/or sell any product and/or services which are the same or similar in nature with TONEWOW’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 TONEWOW’s prior written consent.
2. 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 TONEWOW, WOW! Branch, Service Center and/or Junior Center without the prior written consent of TONEWOW.
3. 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 TONEWOW, to terminate their business/employment relationship with TONEWOW.
TAKE FURTHER NOTICE that should you be in breach of any of the material terms on Non-Competition and Non-Solicitation aforementioned, TONEWOW reserves its rights to forthwith terminate the Agreement you have entered with it, without prior notice to you.
For avoidance of any doubt, the material terms aforementioned shall be deemed to have been incorporated into the Agreement you have entered into TONEWOW by way of modification pursuant to this notice.
TONEWOW further reserves its rights to alter or otherwise vary the terms and conditions of the agreement at any time and shall provide you notice thereof by electronic mail or by publishing the change of terms on our website http://www.tonewow.net or by other reasonable means. It is your responsibility to regularly check the website to determine if there have been changes to the terms and conditions and to review such changes. Should you be dissatisfied with any terms or conditions, you may terminate the agreement by providing Thirty (30) day written notice under the agreement failing which you shall be deemed to have consented to the terms and conditions of the agreement as modified and/or varied from time to time.
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
- 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.
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 TONEWOW, TONEEXCEL and TONEPLUS and/or relevant Consumer Affairs Authority should a WOW Member unable to resolve the complaint to the complete satisfaction of the consumer.
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.
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.
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.
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.