Definitions and Application
These Specific Terms and Conditions set forth the terms and conditions which shall apply to the use of the Service by you. In addition to these Specific Terms and Conditions, any and all provisions of M1 Limited's General Terms and Conditions and M1 Net Ltd's General Terms and Conditions (as may be applicable) are also incorporated by reference shall also apply to the Service, unless otherwise expressly stated in these Specific Terms and Conditions. In the event of any conflict or inconsistency, such conflict or inconsistency shall be resolved in the manner most favourable to M1 Limited and M1 Net Ltd.
In these Specific Terms and Conditions:
"Agreement" means these Specific Terms and Conditions;
"Charges" means any and all activation, installation, administrative, service call fees, subscription fees and/or any other applicable fees or charges to be paid by you in respect of the Service and/or the Equipment, as published by us from time to time;
"Equipment" means the software provided by Trend Micro Internet Security/Mobile Security/Ultimate Security;
"Service" means the M1 Internet Security/Mobile Security/Ultimate Security Service provided by M1 Limited or M1 Net Ltd (as may be applicable);
"M1", "we", "us" or "our" means M1 Limited or M1 Net Ltd (as the case may be);
"You", "your" or "Subscriber" means a subscriber of the Service, having an account authorised by M1 for access to and use of the Service ("Account").
The Service is provided by M1 to you for residential and personal use only, and you may not use the Service for commercial purposes, including without limit, resale of the Service, unless otherwise expressly agreed by M1 in writing.
You will be charged, and you agree to pay, a recurring subscription fee for the Service at the respective published rates, which may be subject to change from time to time by us upon notice to you. The subscription fee will be billed monthly in advance, unless otherwise expressly agreed by us in writing.
In the event that you are not satisfied with the Service or this Agreement, you may and your sole and exclusive remedy is, to discontinue your use of the Service and terminate our provision of the Service by calling our Customer Service Hotline at 1627 or by faxing or writing to us, and giving us one (1) day's notice of your such intention. However, if (a) you terminate the Service within the first three (3) months from the date of commencement of the Service ("Initial Period"), or (b) we terminate this Agreement or suspend the Service during the Initial Period due to reasons including your breach of this Agreement, you must pay the subscription fees on a pro-rated basis for the remaining months of the Initial Period based on our published non-promotional rates. You may not temporarily suspend or temporarily disconnect the Service prior to the expiry of the Initial Period.
We shall have the right to, at any time, change or otherwise modify any aspect or feature of the Service. We shall have the right to, at any time, amend any rules, rates, fees, Charges, and/or terms and conditions in respect of the Service, by publishing such amendments.
You may not temporarily disconnect or suspend the service.
i) Trend Products is licensed on a non-exclusive and non-transferable basis and as part of the Internet Security/Mobile Security/Ultimate Security Services and may not be re-sold or otherwise commercialized; (ii) customer should not decompile, disassemble or reverse engineer Trend Products; (iii) that Trend Micro imposes a limitation of liability that excludes consequential, incidental, special and punitive damages.
For the 'First 3 Months Free Internet Security/Mobile Security/Ultimate Security Promotion' M1 reserves the right to impose a one-time $10 administrative charge (exclusive of GST) for subscribers who terminate M1 Internet Security/Mobile Security/Ultimate Security Service within the first 3 months of subscription. For the avoidance of doubt, this administrative charge shall apply to M1 Internet Security /Mobile Security/Ultimate Security License subscribers.
Equipment and Computer
Access and use of the Service require the use of the Equipment.
You acknowledge and agree that we are not the manufacturer of the Equipment and that we shall not be responsible for any Equipment defects or any loss or damage arising out of such defects, even if the Equipment is supplied by us to you.
You acknowledge and agree that you, and not us, are responsible for ensuring that the computer system inclusive of any and all peripherals thereto as utilised by you to access and use the Service meet the minimum system requirements for the Service as may be published by us from time to time. We shall not be responsible for any degradation or disruption of Service or any loss or damage caused by or arising out of any failure to meet such system requirements or any change in your system configuration.
You shall use the Service in accordance with this Agreement for lawful purposes only, and in accordance with all rules and regulations as may be applicable.
You shall be fully and solely responsible for all use under your Account, including but not limited to bearing any and all payment obligations and Charges arising from your Account, whether by you or any other person under any login name and/or password. You shall ensure that all use of your Account and/or the Service, whether by you or any other person, fully complies with this Agreement, any and all terms and conditions of use that we may issue from time to time, and all applicable laws, rules and regulations. You shall be responsible for protecting the confidentiality of your passwords for your Account.
Unless we provide our written consent to the contrary, you acknowledge and agree that (a) the Service is provided for personal use only; (b) you shall not resell the Service to other persons whether for profit or otherwise and you shall not charge other persons for use of the Service.
You acknowledge and agree that we shall have the right (but not the obligation) to monitor any and all transmission(s) via the Service and your Account, that we shall have the right and sole discretion to determine whether the transmission violates this Agreement, including any part of Clause 4 herein, and that you shall abide by such right, discretion and determination.
You acknowledge and agree that, in the event that your use of the Service is suspected of any activities which may be improper, offensive, indecent, objectionable, unlawful or illegal, we may suspend and/or terminate the Service and/or inform the relevant authorities and/or act in conformity with the relevant authorities' directions or guidelines, without prior notice to you.
Limitation of Liability and Disclaimer of Warranty
For the avoidance of doubt, the exclusion and limitation of liability clauses in the M1 Limited General Terms and Conditions/ M1 Net Ltd General Terms and Conditions shall apply in respect of the Service in favour of M1. In the event of any conflict or inconsistency, such conflict or inconsistency shall be resolved in the manner most favourable to M1 Limited and M1 Net Ltd.
Neither M1 nor any of its affiliates, subsidiaries, directors, officers or employees warrant that (a) the Service will be accessible, reliable or available, or be without disruption, interruption or errors; (b) the results, information, contents or materials derived from the use of the Service are accurate, reliable or suitable for its users. You hereby acknowledge and agree that the use of the Service is at your sole risk.
The Service, and the Equipment and any work performed in respect of the Service (if applicable), are provided on an "as is" and "as available" basis without warranties of any kind whatsoever, whether express or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose or non-infringement.
Neither M1 nor any of its affiliates, subsidiaries, directors, officers or employees shall have any liability whatsoever in respect of any loss of data suffered arising from the use of the Service, the Account and/or the Equipment, howsoever caused.
We shall not under any circumstances whatsoever be liable for any delay, failure, or default of the Service (including but not limited to any failure, interruption, disruption or downtime in our network services), or for any event or incident attributable to any of the matters aforesaid or under this Agreement. For the avoidance of doubt, we offer no service guarantees in respect of the Service. In the event however that we are found to be liable under a court order, the limits of liability under M1 General Terms and Conditions shall apply.
We expressly disclaims to the fullest extent allowed under any law, any and all liability for acts, omissions and conduct in connection with or related to your use of the Service as well as the acts, omissions and conduct of any third parties in connection with or related to your use of the Service.
Suspension and Termination
In addition to the grounds for suspension and termination as set forth in the M1 General Terms and Conditions, we may also terminate this Agreement and/or suspend the Account if as result of factors beyond our control, including without limitation, acts of God, natural disaster, regulation or acts of government authorities (including removal of any applicable license and issuance of court order), fire, civil disturbance, strike or weather, failures by our suppliers, we are unable to provide the Service or the connection to our network.
You hereby agree to fully indemnify, defend and hold harmless M1 and its affiliates, subsidiaries, directors, officers and employees from and against any and all claims, losses, damages and expenses (including legal expenses) arising out of the use of your Account whether by you or other persons.
M1 may at any time amend, delete or revise any of these Terms and Conditions or any other terms and conditions applicable to you, and/or withdraw, suspend or change the Service or any part thereof. All such changes will be published on this website and you agree that such publication is sufficient notice to you of such changes. Please ensure that you check back periodically to determine any changes to these Terms and Conditions.
You agree that such access and/or use of the Service, as well as these Terms and Conditions and other terms and conditions applicable to you, shall be governed by and construed in accordance with the laws of Singapore. You also agree to submit to the exclusive jurisdiction of the Singapore courts.
No delay or failure by M1 to take any action or to enforce or exercise any of its rights under these Terms and Conditions will operate as a waiver of such rights by M1, nor will such failure or delay in any way prejudice or affect M1's rights at any time thereafter to act strictly in accordance with our rights under these Terms and Conditions.
If any of these Terms and Conditions or other terms and conditions applicable to you is held to be unenforceable, invalid or illegal for any reason, that clause shall be severed from such terms and conditions, save and except that the remaining clauses shall remain in full force and effect