23. Miscellaneous

23.1 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.
23.2 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.
23.3 The Customer shall pay all costs, charges, taxes, stamp duties, fees and expenses in connection with / or incidental to this Agreement. The original stamped copy of this Agreement shall be retained by Digi.
23.4 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.
23.5 The Customer shall not assign this Agreement or any part thereof without the prior written consent of Digi. Digi shall be at liberty at anytime 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 Digi.
23.6 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.
23.7 Failure by Digi 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.
23.8 Digi 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.
23.9 This Agreement shall be binding upon the successors in title and permitted assigns of the parties hereto.
23.10 Except for inconsistent terms in agreements signed with enterprise Customers, 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. Inconsistent terms in agreement signed with enterprise Customers shall prevail over terms in the registration agreement.
23.11 The Customer agrees that print-outs and reproductions of all documents and records pertaining to the Customer, either directly or otherwise, from Digi's computer system(s)/records shall be admissible in any court of law and conclusive documents, if any.
23.12 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.
23.13 Digi reserves the right at its absolute discretion to vary, delete or add to any of the terms and conditions from time to time without prior notice and any modifications and/or changes shall be published in Digi's Terms & Conditions section or may be notified to the Customer by way of monthly bill statement, email, sms, e-billing/e-statement, OCS or Interactive Voice Recording ((IVR) as Digi may deem fit. Continued use of the Service following any amendment or changes to the terms and conditions constitutes an acceptance to those changes. Customers are advised to visit the website periodically to review the terms and conditions of this Agreement for any amendment or changes made by Digi.
23.14 All other terms and conditions governing the use of any of Digi's mobile telecommunication services, the Services and VAS shall apply herein mutatis mutandis.
23.15 Digi 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.
23.16 The Customer hereby agrees and acknowledges that Digi may send notifications and communications periodically as Digi 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 Digi customer service to inform Digi of the same.
   
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