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Terms and Conditions
Big Win Website’s Terms of Service
Big Win Website (“Site”) is made available by Celcom Mobile Sdn Bhd (Company No 27910-A) or its affiliates (“Celcom”) to provide quizzes and contest service (“Service”) offering a selection of quizzes and contests but not limited to text, graphics, layout, interface, logos, photographs, audio and video materials and stills (collectively hereinafter referred to as the “Content”) to you.
By activating your account and using the Service, you agree to be bound by these terms of service (“Terms of Service”). If you are a Celcom customer, you also agree to be bound by the terms and conditions of the Customer Registration Form (CRF) and/or terms and conditions of the respective mobile/content service(s) offered and relevant to the you in respect of this Service as posted on Celcom’s website at www.celcom.com.my.
In the event of a conflict or inconsistency between these Terms of Service and the terms and conditions of CRF and/or terms and conditions of the respective mobile/content service(s) (if applicable) such inconsistency shall be resolved by giving precedence in the following decreasing order (i) these Terms of Service (ii) terms and conditions of CRF and/or the respective mobile/content service(s).
These Terms of Service shall come into effect upon your acceptance of the Terms of Service when you click the “I Agree” button upon your initial access to the Site.
1. Service Availability
1.1 The Service shall be made available from 20th of August onwards until terminated by Celcom.
2.1 You shall be responsible to ensure that your mobile equipment (“Equipment”) is compatible to provision the Service. In the event that changes and upgrades are introduced to the Service, you shall be responsible to ensure the continued compatibility of the Equipment and you shall have no claim whatsoever against Celcom arising therefrom.
3. Usage of the Service
3.1 Big Win Account
3.1.1 You may use the Service upon your creation of an account (“Account”) at the Site.
3.1.2 Subject to Clause 3.1.1 above:
(i) you shall provide up to date, accurate and complete personal information for the purpose of the creation of the Account and you shall keep Celcom informed of any changes to your personal information;
(ii) keep your username and password created under the Account confidential at all times and not release the same to any person;
(iii) you shall be responsible for any activities or charges incurred under your Account whether such activities or charges were authorised by you; and
(iv) you shall inform Celcom as soon as reasonably practicable of any unauthorised usage of your Account.
3.1.3 Upon creation of the Account, you may have access to the Content made available at the Site.
3.1.4 Except for access to chargeable Content, you are not required to be a Celcom subscriber to have access to the Site and/or the Content.
3.1.5 You agree that by clicking the “I Agree” button or by continuing to use the Services, you are giving consent to Celcom that the information collected by Celcom from you (“Personal Information”) will be used and/or disclosed in accordance with Celcom’s Privacy Notice as posted at www.bigwin.com.my and Personal Data Protection Act. 2010. You are advised to read the Privacy Notice to understand your rights with regards to your Personal Information.
3.2 Your License
3.2.1 Celcom grants you a non-exclusive limited license to use the Service at the Site, including accessing and viewing the Content for personal, non-commercial purposes in compliance with these Terms of Service.
3.3.1 The Content may be provided by third-party content providers. Celcom does not filter or edit the Content. You acknowledge that Celcom is under no obligation to censor the Content or information provided even if it is co-branded or promoted by Celcom. You agree that that Celcom does not generally and is not required to monitor or edit the use to which you use the Sites, the Service or the Content and Celcom is excluded from all liability of any kind arising from the use of the Service, and in particular but without limitation to the foregoing, the nature of any Content. Notwithstanding the foregoing, Celcom reserves the right to edit or remove any Content at any time as Celcom deems necessary, in order to prevent any breach of the Terms and Conditions or any breach of applicable laws or regulations.
3.3.2 Each contest or quiz shall be subject to its specific terms and conditions as displayed on the Site.
3.3.3 The prizes offered with the Content (if applicable) may be provided by third parties. Celcom disclaims any warranties or liabilities for the merchantability and fitness of the prize under this Contest. The warranties applicable for the prize are subject to the terms and conditions provided by the manufacturer or supplier of the prize.
3.5.1 You shall not:
(i) use, display, mirror or frame the Site, or any individual element within the Site, Celcom’s and/or Big Win’s name, trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Celcom’s express written consent;
(ii) access, tamper with, or use non-public areas of the Site, Celcom’s computer systems, or the technical delivery systems of Celcom’s providers;
(iii) attempt to probe, scan, or test the vulnerability of any Celcom system or network or breach any security or authentication measures;
(iv) avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Celcom or any of Celcom’s providers or any other third party (including another user) to protect the Site, Services or Content;
(v) attempt to access or search the Site, Services or Content or download Content from the Site or Services through the use of any engine, software, tool, agent, device or mechanism but not limited including spiders, robots, crawlers, data mining tools or the like other than the software and/or search agents provided by Celcom or other generally available third party web browsers;
(vi) send any unsolicited or unauthorised advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
(vii) use any meta tags or other hidden text or metadata utilising an Celcom trademark, logo URL or product name without Celcom’s express written consent;
(viii) use the Site, Services or Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms of Service, unless expressly permitted;
(ix) forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services or Content to send altered, deceptive or false source-identifying information;
(x) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services or Content;
(xi) interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site;
(xii) collect or store any personally identifiable information from the Site or Services from other users of the Site or Services without their express permission;
(xiii) impersonate or misrepresent your affiliation with any person or entity;
(xiv) violate any applicable law or regulation;
(xv) encourage or enable any other individual to do any of the foregoing; or
(xvi) share your Account with any other person or entity;
(xvii) directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content including geo-filtering mechanisms without Celcom’s prior written consent;
(xviii) directly or through the use of any device, software, internet site, web-based service, or other means copy, download, stream capture, reproduce, duplicate archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Content without Celcom’s prior written consent;
(xix) incorporate the Content into, or stream or retransmit the Content via any hardware or software application or make the Content available via frames or in-line links without Celcom’s prior written consent;
(xx) create, recreate distribute or advertise an index of any significant portion of the Content without Celcom’s prior written consent; and
(xxi) create derivative works or materials that otherwise are derived from or based on in any way the Content including but not limited to montages, mash-ups and similar videos, wallpaper, desktop, themes, greeting cards and merchandise without Celcom’s prior written consent.
4.1 Subject to clause 3.1.4 above, you may be charged with the respective charges displayed prominently at the Site (“Charges”) prior to your purchase or subscription of the Content. The Charges will be:
(i) deducted from your account if you are a Celcom prepaid mobile subscriber; and
(ii) reflected in your next bill if you are a Celcom postpaid mobile subscriber.
4.2 Notwithstanding the Charges imposed in Clause 4.1 above, you shall be charged with:
(i) standard operator’s access’ cost including but not limited to SMS/GPRS/UMTS/data charges/roaming charges and such other charges as prescribed by Celcom from time to time and shall be payable by you in accordance to Celcom’s policy and requirements; and
(ii) data or standard charges for any actions beyond the Service (including but not limited to browsing beyond the Site and downloading contents).
4.3 You may opt out from the subscription of the chargeable Content at any time by sending a specific keyword via SMS for the respective Content as displayed on the Site, or via the Site.
Celcom reserves the right, at its sole discretion, to modify, discontinue or terminate the Content, Site or Services or to modify these Terms of Service, at any time and without prior notice to you. Any amendments to the Terms of Service will be effective when the updated Terms of Service is posted on the Site. You shall be responsible to check the Site periodically for the updated version of the Terms of Service. By continuing to access or use the Site or the Services after the modified Terms of Service have been posted, you agree to be bound by the modified Terms of Service. If the modified Terms of Service are not acceptable to you, you shall discontinue your access to the Site or the usage of the Service.