SALES PROMOTION FOR SPECIFIED DURATION

This promotion (details of which are set out below) is available only to Eligible Customers who meet the Promotion Qualifications during the Promotion Period only and is subject to the Promotion Terms and Conditions. Acceptance of the promotion gift, vouchers or rebates by Eligible Customers is deemed to be acceptance to the Promotion Terms and Conditions.

Promotion Information Details

Promotion Terms and Conditions

This promotion is as specified in the Promotion Information Details (“Promotion”) and is strictly made available to Eligible Customers who meet the Promotion Qualifications during the Promotion Period and is subject to the following terms and conditions (“Terms and Conditions”). It is important that customers read these Terms and Conditions together with the Promotion Information Details:

1.0       PRIORITY

Capitalized words have the meaning as specified in the Promotion Information Details. If in the Promotion Information Details there are special Promotion Terms drawn up, then such special Promotion Terms shall prevail over these Terms and Conditions in the event of conflict, inconsistency, or ambiguity. For avoidance of doubt, for Eligible Customer that have an existing agreement with ALLO, the Terms and Conditions shall be read together with the relevant existing agreement entered between parties. In the event of conflict, inconsistency or ambiguity, the relevant agreement entered between ALLO, and the Eligible Customer shall prevail.

2.0       SCOPE AND TERM OF PROMOTION

1. This Promotion is only applicable during the Promotion Period. ALLO or Allo Fibre reserves the right to cease and/or cancel the Promotion at any time before the expiry of the Promotion Period without any prior notice to Eligible Customers.
2. This Promotion shall not to be construed in any way howsoever as a contract of sale, exchange, lease, or hire-purchase, between ALLO or Allo Fibre and the Eligible Customer.
3. This Promotion is only available and valid to the Eligible Customers. In order to be an Eligible Customer, customers must meet the Promotion Qualifications.
4. ALLO or Allo Fibre may change, modify, amend or cancel the Promotion during the Promotion Period, including changing, modifying or amending the Value and/or type of free gift that is offered, the Value and/or type of voucher offered (including any voucher offered by our partners), the Value of the discount offered, or the Value of the cash rebate offered (as may be applicable depending on the type of Promotion). Nothing herein stated shall imply that an Eligible Customer is to receive any other benefit beyond that stated in the Promotion Information Details nor that ALLO or Allo Fibre is obliged to provide the equivalent Value if ALLO or Allo Fibre changes, amends or modifies the Promotion.
5. In the event there are multiple promotions during Promotion Period, the Eligible Customer is entitled for only one (1) promotion. A customer cannot make multiple choices of the promotions, nor do anything to secure or gain the benefits offered in multiple promotions. Once the customer has chosen the promotion, the customer is no longer eligible for any other promotions that are available during the said Promotion Period.
6. ALLO or Allo Fibre reserves the right to and may refuse to provide the Promotion to the Eligible Customer regardless of whether the customer is an Eligible Customer and meets the Promotion Qualifications.
7. If the Promotion is the provision of a free gift or a voucher from ALLO or Allo Fibre’s partners, suppliers or subcontractors, ALLO or Allo Fibre and its directors, officers, employees, agents, suppliers, partners and/or subcontractors provide the Promotion on an “as is” basis and without any warranty or condition, whether express or implied, by law or by contract, including warranties as to title, merchantability, fitness for purpose, satisfactory quality, performance, non-infringement of any third party’s intellectual property or proprietary rights or product liability. In the event a physical good is to be obtained as a free gift or upon redemption of a voucher, any claims including but not limited to injury or damages shall be made against the manufacturer or distributor of the physical good and not against ALLO or Allo Fibre, which  is deemed not to be a supplier.
8. If the Promotion is the provision of a Monthly Rebate, Monthly Discount or One-off Rebate (as set out in the Promotion Information Details) to the customer, then if the customer terminates the service agreement with ALLO or Allo Fibre before the expiry of the minimum period or if there is no minimum period specified, then twelve (12) months from service activation date, then Eligible Customer shall not be entitled to receive any cash rebate for the unexpired period and ALLO or Allo Fibre may in our discretion seek to recover all earlier provided rebates or discounts on the basis that customer warrants to stay as a customer of ALLO or Allo Fibre for the minimum period or twelve (12) months (as the case may be).

3.0       CONFIDENTIALITY

The Parties undertake with each other not to divulge or allow to be divulged to any third party or parties at any time during after the term of this Promotion any information acquired or in connection with the performance of this Terms and Conditions save and except to the extent tie either party is required to do so by law or as may be authorized in writing by the other party.   

4.0       WARRANTY

No advice or information obtained (whether orally or written) by the customer from ALLO or Allo Fibre, or its directors, officers, employees, agents, suppliers, partners and/or subcontractors shall create any warranty or right to sue.

5.0       AMENDMENT

ALLO or Allo Fibre reserves the right to revise, amend, or modify these Terms and Conditions during the Promotion Period and such revision, amendment, and/or modification shall be made available at www.allo.my and is binding on all Eligible Customers. Continued access and use of the service shall deem to be your acceptance to the changes and updates to these Terms and Conditions. If the Promotion Qualifications includes the signing up of a new service, then in such a case, all other terms and conditions governing the use of the new service shall apply in addition to these Terms and Conditions.

6.0       INTELECTUAL PROPERTY

All trade and service marks, inventions, patents, copyrights, registered designs, design rights and all other intellectual property rights shall, be and remain in the ownership of ALLO or Allo Fibre and may not be used in any other form without our prior written consent.

7.0       PERSONAL DATA

All personal information provided by customer is subject to Allo Fibre’s Privacy Policy. You confirm that you have read and agree with the privacy policy. You also agree to comply and have adequate measures in place to ensure compliance at all times with the provisions and obligations contained in all applicable laws and regulations in Malaysia, including but not limited to the Personal Data Protection Act 2010 (PDPA 2010), its subsidiary legislation and associated code of practice as amended from time to time in order to collect, use, process, record, hold, store, share and/or disclose any or all information related to the use of the services.

8.0       INDEMNITY

You agree to indemnify ALLO or Allo Fibre, our affiliates, employees, directors and agents in full against all claims, damages, losses, liabilities, expenses, demands, actions, penalties and costs, arising out of or in connection with your access or use of the services, your negligence, or any omission, act or breach of this Terms and Conditions by you or any other persons using your account (whether or not expressly authorized by you).

9.0       ASSIGNMENT

You are not permitted to assign or novate any, or any part, of your rights and/or obligations under these Terms and Conditions to any party, without our prior written consent.

10.0     GOVERNING LAW

These Terms and Conditions shall be governed by and construed in accordance with the laws of Malaysia and you agree to submit to the exclusive jurisdiction of the Malaysian courts.

11.0    MISCELLANEOUS

• Changes in Law. Should a new law or an amendment to an existing law occur that impacts the Promotion, then notwithstanding anything contained herein, the clauses herein shall be deemed to be amended to such an extent as is necessary to enable Parties to comply with such laws.
• Non-Bribery. The Parties undertake and agree with each other that they shall abide by and adhere to the Malaysian Anti-Corruption Commission Act 2009 (Act 694) (as may be amended from time to time or any Act of Parliament that replaces Act 694).
• Conclusive Evidence. The Parties agree that a certificate of indebtedness issued by the ALLO or Allo Fibre officer in charge of finance shall be binding evidence as to the amount due and owing by Customer to ALLO or Allo Fibre and is conclusive in any legal proceedings, save for manifest errors or omissions.
• Representation. You represent and warrant that all information required and furnished by you to ALLO or Allo Fibre in connection with the Promotion are correct and accurate in every material respect and are not false, misleading, deceptive, defamatory and/or unlawful. Nothing herein or the applicable Service Order Form shall imply any obligation on the part of ALLO or Allo Fibre to verify the accuracy and authenticity of such information. Further you and ALLO or Allo Fibre represent and warrant to each other that (i) each Party has the necessary capacity, authority, rights, licenses, and permissions to enter and perform its obligations under this Terms and Conditions; (ii) the Service Order Form together with this Terms and Conditionsis a valid and enforceable agreement against a Party, notwithstanding any defect, deficiency, or omission. ALLO or Allo Fibre does not make any representations or warranty, whether express or implied, and excludes any implied warranties (whether arising by operation of applicable laws, equity, or common law) that the Service will achieve the expected functionality, will be error-free or uninterrupted, and/or is of a specified or of any quality.
• Variations of Terms. Unless otherwise prescribed in a Service Order Form, ALLO or Allo Fibre may vary, modify, add, or delete (“Variation”) this Terms and Conditionsincluding terms in any Subscription Form, at any time, and which ALLO or Allo Fibre shall notify the Customer. The Customer shall not unreasonably object to any such Variation. If the Customer uses and/or continues to use the Services after the date on which such Variation comes into effect, such use shall be deemed acceptance of such Variation by Customer.
• Waiver. Only a written waiver of any breach, right or remedy is only effective if it is duly signed by the Party granting the waiver. Any failure or delay of a Party to exercise or enforce (including any partial exercise or enforcement of) any provision contained herein and/or any other indulgence given by that Party shall not be deemed as a waiver by that Party of its right, power, authority, discretion, remedy or right of action against the other Party in respect of any breach by the other Party of its obligations hereunder.
• Recovery of Legal Costs. In any legal proceedings commenced by ALLO or Allo Fibre against you, all legal costs and expense incurred by ALLO or Allo Fibre shall be recoverable from you on a solicitor-client basis.
• Entire Agreement. This Terms and Conditionsand for each service that you have subscribed from us, the applicable Service Order Form and any other document as may be determined by ALLO or Allo Fibre shall together form the entire Agreement between the Parties.
• Stamp Duty. Customer shall bear the applicable stamp duty and any penalties that may be imposed by the Government of Malaysia, unless waived by ALLO or Allo Fibre in the event any provision of this Terms and Conditions is held by a court of competent jurisdiction to be contrary to the law, the remaining provisions of this Terms and Conditions will remain in full force and effect.
• Severability. In the event any provision of this Terms and Conditions is held by a court of competent jurisdiction to be contrary to the law, the remaining provisions of this Terms and Conditions will remain in full force and effect.
• Binding Effect: This Terms and Conditions shall be binding upon the permitted assigns and successors-in-title of the Parties It is further provided that this Terms and Conditions shall not be discharged or in any way affected by any change in the composition or identity of the Parties hereto by amalgamation, reconstruction or otherwise.