Article 1 - Applicability
1.1 The general terms and conditions stated below (“Terms & Conditions”) apply to and are part of all offers and transactions under (digital) services offered (online) via the network of any mobile communication provider (“Operator”) with whom the End-user has a subscription (“Mobile Subscription”) or a Prepaid-agreement, irrespective of whether or not these services are further described in these Terms & Conditions. The (digital) services offered by the Provider may include (but are not limited to) games, text messages, sound and/or image files and/or similar services (“Services”) that are supplied via Operator's network by means of Short Message Services (“SMS”), General Packet Radio Services (“GPRS”), Third Generation Services (“3G”), WAP or other means.
1.2 No departures from these Terms & Conditions shall apply except with the prior express consent in writing from the Provider for the specific agreement.
Article 2 - Delivery Service
2.1 The End-user requests the Service(s) from the Provider. These will be delivered by the Provider via network of the Operator to the End-user.
Article 3 – Terms & Conditions
3.1 Upon sending the designated keyword to the dedicated short code, End-user receive a question to answer. The End-user can decide whether or not answer the puzzle/question sent to the End-user. The End-user will score points by answering the puzzle/question correctly. The End-user with the highest score at the end of the term of the promotion will win the prize, or will have the opportunity to buy the prize for the communicated amount of money. If, at the end of the term of the promotion, multiple End-users have reached the same number of points, the End-user with the highest point obtained at the fastest time recorded in our system will be the winner. If End-user would like to score more points by solving the puzzle/question sent to End-user, the End-user continues to answer the puzzle/question sent, the service system will be triggered to send an additional chargeable questions each time End-user answers the previous questions. In the event no question is answered by End-user, no additional question will be sent to End-user. The End-user will decide how many questions the End-user wishes answers. At the end of the promotion, the End-user with the highest score will be contacted by the Provider. To qualify for the right to win the prize or opportunity to buy the prize for the communicated price, the End-user must have accumulated at least 10,000 points for the Service in the specified period.
3.2 End-user may choose to answer the puzzle/question. Only correct answers would score points. Incorrect answer will not accumulate points.
3.3 The End-user need to be at least 18 years old. If you are not the person responsible for paying the mobile bill or under 18 years of age, please obtain the permission of the payer of the mobile bill, parents, guardian or employer before subscribing and/ or participating in the service. By subscribing and/or participating in the service, the Provider presumes that End-user has obtained the necessary permission, consent or approval from the payer of the mobile bill, guardian or parents.
3.4 The costs of each question for the Service of your choice is RM4.00 per question received by you. Please note that the sent message cost is not including the standard SMS, GPRS or 3G tariff as stated in your mobile phone plan provided by your operator. For all messages sent the standard text tariff may apply. These tariffs can differ per operator. Please contact your operator for more information on the charges imposed by them.
3.5 At the end of the specific term of a particular promotion, the End-user with the highest score will be the winner subject to other terms and conditions herein. At the end of term for the promotion, the winner list will be uploaded on this website, please check the winner list under “Products and Prizes”. The results are final and binding and no correspondence will entertained. Within 15 workdays after the closing of the promotion, the winner will be personally contacted via the mobile number used to subscribe to the Service. Upon being notified as the winner, the winner have 60 days from the date of notification to collect or to provide the Provider the winner’s address to which the prize is to be sent to. If winner fails to collect the prize or provide the address to sent to prize to or be in contact with the Provider within 60 days after being notified, the prize won will be forfeited and the Provider shall no longer be required to give winner the prize. The prize will then be given to the winner with the second highest score with also the same 60 days time period to collect or providing the Provider the forwarding address to send the prize to. If the prizes is sent to the winner’s address the Provider will not be held responsible and/or liable for any damages or losses of the prize that may incur.
Article 4 – Prizes
4.1 If any lottery tax or any other taxes are applicable to the prizes, these need to be paid by the winning End-user. The Provider will not be held responsible for this. The Provider reserves the right to replace the item of equal or greater value as an alternative to replace any of the prizes in whole or in part. The prize must be accepted as offered, and is not transferable or severable.
4.2 The coverage of the promotion will be mentioned under ‘Products and Prizes’ under this website. The Provider reserves the right to utilize all winners images/photograph, name and area of residence for all future promotion, publicity or marketing purpose without getting prior consent or notice nor paying the winner(s).
Article 5 - Costs
5.1 Offers or statements mentioned in advertisements or on www.djugo.com (“Website”) are without engagement unless it is expressly stated in writing otherwise.
5.2 All SMS, 3G, MMS, WAP or GPRS content sent and received from the Provider, the standard costs for sending the SMS, MMS, WAP or GPRS content as set by the operators, may apply. End-user will pay for every message received and sometimes additional costs for every sent SMS, MMS, WAP or GPRS content.
5.3 Charges are debited against the End-user's account by the Operator; in the case of a pre-paid subscription, charges are deducted from the End-user’s credit balance. The End-user hereby expressly grants his or her authorization for charging, and commits to payment in full for the charges incurred as a result of participating in the Provider’s service. By mutual consent it is furthermore possible to arrange payment of the charges by an alternative means (for example credit card).
Article 6 – Price changes
6.1 The Provider is at all times entitled to change any and all costs following prior announcement on the Website. Changes shall be deemed accepted if End-users continue to use or subscribing to the Provider’s Service(s) after the date on which the price change is to be implemented.
Article 7 – Termination
7.1 Termination of the Service may take place solely as stated on the Website.
7.2 End-user can unsubscribe to further marketing of the advertisement by the provider by sending a stop-message to the short code (E.g. sms <STOP> to 36166). Further contact information can be found on the website in ‘Contact’.
7.3 The Provider may immediately terminate all Services to End-user if (a) the End-user fails to pay the charges within the period stated in End-user’s mobile phone subscription with the Operator, or (b) the Provider (i) has cause to believe that the End-user acts or has acted in violation of these Terms & Conditions; or (ii) is expressly requested by the Operator to do so or (c) any law, regulations, directives or governmental action renders all or any portion of the Service is unlawful or impractical; or (d) the End-user use of the Service impairs or threatens to impair the integrity or functionality of the Provider network in any manner.
7.4 The Provider shall accept no liability towards the End-user and/or third parties resulting from termination or cancellation of the Service(s).
Article 8 – Intellectual property
8.1 Except where stated otherwise in this Terms and Conditions, all patent, author, brand, drawings, model rights and/or other (intellectual) property rights with regard to this Services and/or the Website belong to the Provider, their distributor, or its supplier.
8.2 The Provider hereby grants End-users with a limited, non-exclusive, non-transferable, and revocable right of use for the download, and/or viewing of the Service(s).
8.3 Unless expressly stated otherwise by the Provider, the End-users is expressly forbidden to reproduce, modify, reverse engineer, rent, lease, loan, transmit, duplicate, execute, transfer, distribute, sell, resell, create derived products from or use in any other way the downloaded or received Service(s) in whole or in part, other than in the ways and for the purposes expressly consented to in writing by the Provider.
8.4 The End-user indemnifies and hold harmless the Provider its officers, directors, employees, suppliers and any third party information provider and accepts liability to the Provider its officers, directors, employees, suppliers and any third party information provider for the consequences of breaches of intellectual property rights of the Provider or third parties, violation of this Terms and Conditions arising from unauthorized use of the Services or conduct on the Website.
Article 9 - Liability
9.1 The use of the Services and Website of the Provider takes place at the End-user’s own risk. End-user must provide all compatible mobile phone, hardware or other devices and software and ensure that they are in working order and suitable for the services. The Provider cannot guarantee that the Service(s) meet the requirement of the End-user nor that the download, receipt and/or viewing of the Services shall be free of interruption or errors.
9.2 The End-users acknowledges that mobile telecommunication services, such as the Services, are subject to the ability to establish and/or maintain a connection, that the quality of the connection may not be equivalent or sufficient at every place and time, and that the Services can be negatively influenced or temporarily unavailable due to disturbances caused by physical factors (tunnels, mountains, buildings, etc.), or by modifications or maintenance to the Operator's network.
9.3 If at any time the End-users is unable to make uninterrupted use of the Services, this shall in no way lead to any right to reduction of the charges for the Services nor to any right to restitution of payments previously paid.
9.4 Any download of the Services are at the End-user own discretion and risk and that under no circumstances shall the Provider be held liable for damage of any kind, including but not limited to infections or contamination or loss of data or damage(s) of the End-users’ hardware and/or software resulting from access to the Website or use of the Service(s) or downloaded Service(s), including the hardware and software required to connect to the Service(s). It is the responsibility of the End-users to take the necessary measures to avoid potential damage of this nature.
9.5 In the event that the Provider for any reason whatever is held liable to compensate the End-users for direct or consequential damage of any kind, such compensation shall on no account exceed the invoice value of the Service(s) paid by the End-user for the alleged damage.
9.6 The contents for the Service participated by you have been compiled with the greatest care. However, the Provider cannot provide any guarantee as to the nature, accuracy or content of this information. The Provider shall not be held liable for any errors, omissions, inaccuracies, misunderstandings, delays or illegible orders or notifications pursuant to the use of the Internet, or the applicable information point.
9.7 The Service provided by the Provider is for purpose of entertainment only. If information service is for financial, love, management or any other information or advice, the information service are not a professional advice. If you require accurate advice, please seek advice from a professional and do not rely on the information provided in the Service(s) subscribed to.
9.8 The End-user shall not send infected and/or contaminated, unlawful, harmful, threatening, vulgar, defamatory, tortuous, invasive of other’s privacy or otherwise objectionable messages to The Provider, and indemnifies the Provider against any damages direct or consequential pursuant to the sending of such messages.
Article 10 – Legal choice
10.1 The use of the Services, the Agreement and the Website are subject to the laws of Malaysia. The failure of the Provider to exercise or enforce any rights or provisions of this Terms & Conditions shall not constitute a waiver of such rights or provision. If any provision of this Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties intention as reflected in the provisions to the fullest extent permitted by the law and other provisions of this Terms and Conditions remains in full force.
10.2 Any and all disputes shall be resolved before a competent court in Malaysia.
Article 11 – Final provision
11.1 This Terms & Conditions are available for viewing at the Provider’s Website, and a copy will be provided free of charge upon request.
11.2 The Provider reserves the right to change this Terms and Conditions from time to time. Changes shall be notified to End-users by posting on the Provider’s Website. Changes in this manner shall be deemed to have been accepted if End-users continue to use or download the Service(s) after a period of date stated on which it will be implemented.
11.3 The Provider reserves the right to replace any item with other substitutes at similar value without prior notice.