M1 Limited ("M1") General Terms and Conditions
These M1 General Terms and Conditions shall apply to each and all our Services in addition to any specific terms and conditions except to the extent, if any, expressly excluded in the specific terms and conditions.
In these M1 General Terms and Conditions, except to the extent that the context requires otherwise or has specifically defined, the following expressions shall have the meanings ascribed to them below:
"Charges" means any fees, price, rental, charges and expenses for or in respect of Services charged by M1 from time to time including but not limited to any fees, price, rental, charges or expenses (whether in advance or not) for equipment, software, access, connection, installation, maintenance, subscription, usage, government charges, third party charges, license fees and administrative charges;
"Network" means all networks maintained, operated by M1, owned by, leased to and/or licensed to M1, which is used by us for the provision of Services to you, which ownership or such rights in our network shall belong to M1 at all times;
"Services" means such services, products, facilities, equipment and software as provided to you in M1’s discretion and Services refer to each and every Service to be supplied under the Agreement, and include services provided by third parties which we are billing on behalf of, or otherwise collecting;
"Unauthorized Acts" mean modification, tampering, destruction, damage or unauthorized connection to the Network or M1’s systems (including without limitation our websites, self-service terminals and smartphone applications), including without limitation any connections that cause or may cause interruption in or congestion or disruption to the Network or M1’s systems or any third party’s network and/or systems; and/or the use of the Network or M1’s systems or any part thereof for any purpose other than for our provision of Services to you, in accordance with the Agreement.
For the purposes of these M1 General Terms and Conditions, you are a Minor if you are less than 18 years old.
You are eligible for our basic postpaid services (excluding international telephone services, roaming services and any other services as M1 deems fit at our discretion) provided you are at least 16 years old. If you are less than 16 years old but at least 15 years of age, you are only eligible for prepaid services.
M1 reserves the right to require a guarantor prior to offering any Services to Minors.
- comply with the terms of our Agreement. For the purposes of these M1 General Terms and Conditions, "Agreement" means the agreement for the supply of Services made between you and M1 Limited or if applicable, our wholly owned subsidiaries (collectively, the "M1 Group of Companies") which comprises one or more completed application forms, these M1 General Terms and Conditions, the specific terms and conditions for use of the Services, our acceptable use policies from time to time for the regulation of the use of the Services; or any other terms and conditions as may be agreed between us (if any), as from time to time amended, modified or varied by M1; and for the purposes of Clause 11 herein, "Agreement" refers to an agreement between any entity comprising the M1 Group of Companies and you in relation to the sale and supply of Goods;
- comply with M1’s policies and procedures concerning the Services which may be notified to you; or as may be communicated to you from time to time by our representatives; and amended by us from time to time, and provide us with all such information as we may require thereunder;
- be responsible for the use of the Services under your accounts and for any content which is disseminated through your accounts. Without affecting the generality of the aforesaid;
- if you have lost your mobile phone/SIM card/device, you shall continue to be liable for any applicable Charges unless otherwise agreed by M1; and
- where you prove that there has been any unauthorized or fraudulent use of Services or access to your accounts, you shall continue to be liable for any applicable Charges until such notification is made to us and access to the Services is disabled at your request.
- use the Services for lawful purposes only and in accordance with these M1 General Terms and Conditions, any other applicable terms and conditions; and all laws, code of practice, regulations, guidelines, instructions or other instruments having the force of law in whatsoever form that any competent regulatory, governmental or judicial authorities ("Authority") in Singapore may issue from time to time relating to the Services or otherwise ("Applicable Laws");
- comply with all notices or instructions issued by us or any Authority which concern your use of the Services and all relevant equipment which is the property of or under the control of M1 ("M1 Equipment");
- engage with any entity comprising the M1 Group of Companies and our respective employees and agents in a courteous, cordial and respectful manner at all times. Without affecting the generality of the aforesaid, you shall not threaten, abuse, coerce or harass us or any such member, employee or agent of any entity comprising the M1 Group of Companies, whether through the use of the Services or otherwise;
- be solely responsible for all content which you transmit or make available via the Services or on any website; and
- ensure that all information (including but not limited to your personal data) provided to us is accurate, complete and updated in all respects, and promptly inform us of any changes to such information.
You shall not allow the Services (whether wholly or in part), or any mobile or fixed numbers, or any M1 Equipment, as the case may be:
- to be resold, distributed, provided, sub-licensed or otherwise offered in any manner whatsoever, to any third party whether for profit or not without our prior approval in writing;
- to be modified, altered or otherwise tampered with without our prior approval in writing;
- to be used for any fraudulent, illegal or improper purposes or to violate any person’s rights or in any way which may affect other users’ enjoyment or access to any Services or cause irritation, annoyance, disturbance, embarrassment, nuisance, harassment, inconvenience or anxiety to anyone;
- to be used to transmit any content which contains viruses, worms, Trojan horses, or any other harmful, destructive or adverse component or programming routine that may interrupt, disrupt, congest, adversely impact or harm the Network, the Services, or the systems or networks of other persons;
- to be used to transmit or post any message or content which may be defamatory, abusive or otherwise illegal, unlawful or improper, or is offensive on any grounds;
- to be used to copy, upload, post, publish, transmit, reproduce or distribute in any way or manner whatsoever, information, software or other material which is protected by copyright or other proprietary or intellectual property right or derivative works with respect thereto, without obtaining permission of the copyright owner or rights’ holder;
- to be used in any manner which may constitute an infringement or violation or misappropriation of the rights of any person or entity (including but not limited to intellectual property rights and rights of confidentiality) or a violation or infringement of any statutory duty or obligation or any duty or obligation in contract, tort or otherwise, to any third party;
- to be used to transmit or distribute or broadcast any bulk emails or spam unless otherwise permitted under Applicable Laws, or to transmit or distribute or broadcast any commercial advertisements or marketing messages in a significant or voluminous manner, without M1’s prior approval in writing or unless an appropriate service bundle has been subscribed to;
- to be used for any purpose that is against public interest, public order, national harmony or offends against good taste or decency;
- to be used for any Unauthorized Acts; and
- to be used in breach of any Applicable Laws.
We will bill you monthly or more frequently if your usage exceeds or is likely to exceed your credit limit. In the absence of fraud or manifest error, all our records concerning your usage and Charges are conclusive evidence of the accuracy and completeness of all matters stated.
Your bill will reflect the Charges based on the terms and conditions of the Services and/or M1 Equipment provided to you. We may, at our discretion, authorize any entity within the M1 Group of Companies to issue bills and collect payment of Charges on our behalf. Unless otherwise stated, all Charges are payable in Singapore dollars.
Unless otherwise stated, all Charges payable are exclusive of any stamp duty, value added, goods and services or similar taxes or duties and government charges ("Taxes"). You shall be solely liable and shall pay and indemnify M1 in respect of all applicable Taxes. If any deduction or withholding for or on account of Tax is imposed by Applicable Laws (or the laws of any jurisdiction outside Singapore) in respect of any payment due to us, such deduction or withholding shall be solely borne by you and the amount payable to us shall be increased by such amount so deducted or withheld as is necessary to ensure that we receive payment equal to the amount which we would have received in the absence of such deduction or withholding.
Without prejudice to Clause 2.1.3, you will only be charged for the Services and/or M1 Equipment that you have subscribed to, ordered, used or as stipulated in accordance with the Agreement.
You must specify which Services under your bill you are making payment for if you have subscribed to more than one of the Services. In the event you do not identify the Services for which payment has been made, we reserve the right to allocate or apply any payment you make towards any outstanding amount for any Services in such manner, priority, order and proportion as we deem appropriate.
Your account balance is due on the due date as stated in our invoice ("Due Date"). Any dispute on unpaid Charges must be made known to us before the Due Date.
If you choose to dispute any Charges which you have paid, you have one (1) year to do so from the date of the relevant invoice or the date on which the Charges were deducted or paid. An administrative charge may be imposed for retrieving any record in relation to the disputed Charges. Your notification to us of your dispute of any Charges should include the following information:
- reasons why you are disputing the relevant Charges; and
- the amount in dispute.
We shall respond to you in writing within thirty (30) days from the date we receive your notification of dispute.
Other than the amounts which you dispute, you are responsible for making payment for undisputed Charges promptly by the Due Date without set-off, deduction, counterclaim or withholding. In the event you dispute any charges, upon the resolution of such dispute being in our favour, you have to pay the disputed amount immediately. In such cases, we may claim from you any legal costs, interest and collection expenses incurred by us.
In the event both parties are unable to resolve any dispute, they may:
- refer the matter to the Small Claims Tribunal (SCT), if the matter is within the SCT's jurisdiction;
- jointly submit the dispute to arbitration in Singapore; or
- submit the dispute to any court of Singapore.
Subject to Applicable Laws, if you have more than one account with us, we may transfer any credit balance under one account to another to settle any outstanding Charges.
You will be liable for the costs of any enforcement proceedings (including but not limited to court enforcement proceedings and legal costs on a full indemnity basis) which we may take against you for non-payment of any outstanding Charges.
We may, at our discretion, allow payment for Services to be made via GIRO, credit card or debit card ("Payment Method"). If you have opted for payment via GIRO, you must notify your bank and us in writing if you intend to terminate payment via GIRO. If you have opted for payment via credit card or debit card, you must inform us immediately in writing if your credit card or debit card is lost, stolen, expired, terminated, or if you intend to terminate payment via credit card or debit card. The termination of your Payment Method will only be effected when the message stating the GIRO/credit card/debit card deduction is no longer reflected in your bill.
We will not be liable to you in any way if we are unable to make the deduction or settlement with your bank or card company, and you must make payment for outstanding Charges in cash, by cheque or bank draft immediately together with any applicable administrative fees and/or processing fee (including any Taxes) for the failed transaction. Where payment is made by cheque, a processing fee (including any Taxes) will be imposed in the event the cheque is returned and/or rejected by the bank. We may, at our discretion, terminate any such Payment Method at any time.
CREDIT LIMIT ON CHARGES AND ADVANCE PAYMENT
We may apply a credit limit for Charges incurred under any of your accounts and/or require you to make payment in advance of your next bill in the event of any high or unusual usage under any of your accounts as reasonably determined by us. Services may be suspended in the case of non-payment of any such amounts, and/or if the credit limit is exceeded, and/or where we are unable to contact you for verification of high or unusual usage after making a reasonable attempt to do so.
PREPAYMENT AND DEPOSIT
We may require you to provide a prepayment of future Charges and/or a deposit in respect of the Services. The prepayment and/or deposit could be used to offset, including but not limited to, any outstanding Charges under any of your accounts.
Subject to the above, and save as provided hereinafter, your deposit will be returned to you without interest after you terminate the Agreement and settle all outstanding Charges or claims brought by us if you have breached the Agreement. Any refund shall, at M1's discretion, be mailed to you at your last known address or remitted to any bank account details that you may have provided to us. It is your responsibility to ensure that you keep us updated in the event of any material changes to your contact details and bank account details.
We may require you to increase the prepayment and/or deposit from time to time. A deposit does not relieve you of your obligations to pay any Charges, nor does it constitute a waiver of our rights to suspend or terminate any Services or the Agreement due to non-payment of any outstanding Charges.
SUSPENSION AND TERMINATION
To the fullest extent permissible under Applicable Laws, we have the discretion to terminate the Agreement or temporarily disconnect the Services without prior notice to you for the following events:
- if you have created or are likely to create imminent physical harm (including but not limited to interruption, disruption or congestion) to the Network;
- if you use, allow the use, intend on using the Services fraudulently or dishonestly;
- if we are acting in compliance with a requirement of any Authority, including for reason of illegal or improper activity by you;
- if the registered customer is deceased;
- if the registered customer is a corporation and ceases to carry on business; or
- without prejudice to our other rights, if you repeatedly use, allow the use, intend on using the Services to cause infringement of copyright in any material, or repeatedly commit infringement of copyright in any materials on or using the Network. For the purposes of this Clause, a repeat infringer is one who has been notified by M1 of infringing activity violations more than once, or in any event is determined by M1 to be a repeat infringer even without such notification.
To the fullest extent permissible under Applicable Laws, we have the discretion to terminate the Agreement or temporarily disconnect the Services including but not limited to any of the following events:
- if any Charges remain unpaid after becoming due. If you have more than one account with us under the same service provider, we have a right to terminate any or all of your such accounts should any Charges remain unpaid under any one of your accounts;
- if you commit a breach of any of the terms and conditions of the Agreement;
- if you become or threaten to become bankrupt or insolvent;
- if you make any compromise or arrangement with or assignment for the benefit of your creditors or a receiver or administrator or judicial manager is appointed over your assets or you go into either voluntary or compulsory liquidation;
- if you fail to pay the prepayment or deposit when requested by us;
- if you tamper or allow any other person to tamper with M1 Equipment by unauthorized means such as modification or alteration;
- if you tamper or copy or allow any person to tamper or copy the pre-programmed data of the SIM card (applicable to mobile services);
- if your Charges exceed the credit limit specified by us;
- if any of the information provided to us or specified by you in the Agreement is found to be false or materially incorrect;
- where the Charges imposed on you for the Services are based on any particular use or purpose and you utilised or allowed the Services to be utilised for any other use or purpose without first obtaining our prior written approval;
- if you conduct any unlawful or otherwise inappropriate activities, including but not limited to any of the following:
- prohibited actions under Applicable Laws, including the Computer Misuse and Cybersecurity Act (Cap 50A);
- undermining the security of, hacking into or penetrating M1's systems, networks or websites or undertaking any other concealed activity in relation thereto;
- if we are permitted to do so under Applicable Laws, including without limitation, in the event of our discontinuance of our operations or of any Services.
In the event we exercise our rights under Clauses 6.2.1 to 6.2.11 above, we shall give you the basis and one (1) day’s advance notice of the suspension or termination, unless you have rectified the breach and informed us accordingly, where such breach is capable of remedy. In the event of Clause 6.2.12, we shall give you the basis and such reasonable notice as we deem fit or as may be required under Applicable Laws.
Notwithstanding any suspension or termination aforesaid (whether pursuant to Clause 6.1 or 6.2), you shall, subject to Applicable Laws, remain liable for the performance of your obligations including without limitation, the payment of applicable Charges, unless otherwise agreed to in writing by us. In the event Services are reconnected, you shall be liable in respect of any reconnection fees that may be imposed by us.
We may at our discretion, subject to any applicable Agreement terms and any other terms which we may impose, reinstate any Services which have been suspended or terminated.
At our discretion, where any Services have been suspended or terminated, all related services and/or services which can only be provided through the suspended or terminated Services will also be suspended or terminated, as the case may be.
Unless you are bound by a contractual minimum term in the Agreement, you may terminate the Services by calling our Customer Service Hotline 1627 or 1622 (for corporate customers), or such other numbers as we may notify, by faxing or writing to us and giving us one (1) day's prior notice. However if you are permitted to terminate the Services with such notice but your termination occurs within the first three (3) months from the date of commencement of Services ("Initial Period"), you will have to pay the applicable subscription for the remainder of the Initial Period based on our non-promotional rates. For the avoidance of doubt, this Clause shall not apply to any Agreement concerning handset contracts.
Termination by either party will be without prejudice to any then existing rights and/or claims that we may have against you, and you will still have to fulfil your obligations including payment of all outstanding Charges, including but not limited to, administrative and legal charges and prescribed early termination charges, prior to the date of termination. For the avoidance of doubt, in such event, all outstanding Charges shall become immediately due and payable to us.
Upon termination of any Services you shall immediately return to us all M1 Equipment which was used in respect of the Services in good condition, save for reasonable wear and tear. We may impose reasonable charges for the replacement of any M1 Equipment that you fail to return, or for the replacement of any damaged or defective M1 Equipment which you have returned to us.
Our rights to claim losses and damages and/or any other rights and reliefs as may be available to us at law or in equity are strictly reserved.
Application for new accounts shall be subject to full payment of all outstanding Charges in all accounts, including but not limited to, overdue charges and any administrative and legal charges billed to those accounts terminated under Clauses 6.1 or 6.2 or otherwise.
Subject to Applicable Laws, you agree to the provisions of the M1 Data Protection Policy concerning our collection, use and disclosure of your personal data and other matters as may be required under the Personal Data Protection Act 2012, as may be amended from time to time ("PDPA").
Without affecting our rights in Clause 8.1 and/or under the PDPA to collect use and disclose your personal data, your personal data may be used for the following purposes, and/or such purposes as may be permitted by regulatory authorities pursuant to the prevailing Telecom Competition Code, as may be amended from time to time; without your consent:
- planning requirements in relation to network operations or network maintenance for any Services provided by us;
- facilitating interconnection and inter-operability between telecommunication licensees for the provision of Services;
- provision of mobile roaming-related information to in-bound mobile roaming customers in Singapore and/or
- complying with any regulatory requirements imposed by the Info-communications Development Authority ("IDA") or equivalent regulatory bodies.
Notwithstanding Clauses 8.1 and 8.2, we may continue to rely on any consent that you may have given us previously under any terms or conditions or otherwise to collect, use or disclose your personal data for such purposes thereof unless you withdraw your consent by contacting our Customer Service Hotline 1627, faxing, using our self-service channels or writing to us to withdraw your consent.
Subject to Applicable Laws, you acknowledge that the provision of Services to you may involve the transfer of your personal data out of Singapore. In such situations, the storage, treatment and transfer of such data may be subject to laws and regulations that are different from applicable laws in Singapore.
INDEMNITY FROM YOU
You shall indemnify us against all claims that anyone threatens or makes against us relating to your use of the Services, or due to your breach, negligence, act or omission. Without prejudice to the foregoing, you shall indemnify us against any claims, demands, losses, damages, penalties or expenses (including legal fees) arising from, relating to and/or in connection with (a) your use of the Services, M1 Equipment or software; (b) your breach of any of the terms of the Agreement; and (c) intellectual property infringement pertaining to your use of the Services.
NO WARRANTIES AND LIMITATION OF LIABILITY
You acknowledge and agree that we have not represented or provided, and do not represent or provide any warranties whatsoever with respect to the Services or M1 Equipment.
Without prejudice to the aforesaid, but for the avoidance of doubt, the Services are provided on an "as is" and "as available" basis and you accept that your access or use of the Services and M1 Equipment are at your own risk. To the fullest extent permissible under Applicable Laws, M1 has excluded, and continues to exclude all statutory or tortuous liability (save for death or personal injury arising out of negligence) and disclaims all warranties of any kind, whether express or implied, including implied warranties of merchantability, satisfactory quality, fitness for a particular purpose and non-infringement. Without prejudice or limitation to the foregoing, M1 has not made, and makes no representation or warranty as to the sequence, accuracy, speed (including data transfer upload or download speeds) completeness, security, compatibility, timeliness, reliability, quality, suitability, originality or non-infringement of any Services, and M1 has not represented or warranted, and does not represent or warrant that the Services will be provided uninterrupted or be available at all times or free from defects, errors or viruses or that any identified defect can be corrected. To the extent M1 provides you with assistance in connection with any of the above, such assistance shall in no event be deemed an acknowledgement and/or acceptance of any liability on M1's part. Any waivers offered to you by M1 at our discretion shall be out of goodwill.
We will not be liable for any delay or failure in performance resulting from matters beyond our reasonable control, including without limitation acts of God, acts or omissions of third parties, requirements of any Authority, national emergency, war, riots, strikes, industrial disputes (whether or not involving our employees), accident, lightning, fire, computer software or software malfunction, equipment failure, electrical power failure, faults, interruption or disruption of the Network or the networks of other service providers or of your equipment or the equipment of any third party or epidemics caused by infectious diseases. Without prejudice to the foregoing, the Services may occasionally be affected by interference caused by objects beyond our control such as buildings, underpasses and weather conditions. M1 will not be responsible for any such matters.
Without affecting the generality of Clause 10; M1 reserves the right to (a) impose traffic management policies in respect of the Services from time to time including but not limited to managing the speed of data transfer or data throughput, and/or (b) suspend or disconnect any Services in whole or in part at any time by giving as much notice as is reasonably practicable if in M1’s reasonable opinion it is necessary to carry out any planned or unplanned maintenance, repair or upgrade of any part of the Network or the Services, and/or (c) take any other steps that may be necessary for the management or maintenance of networks, security purposes or otherwise as may be required under Applicable Laws. Further and in addition to the above, you accept that the actual data transfer speed (whether upload or download speeds) in respect of the Services where applicable, is dependent on factors beyond M1’s control, including without limitation the configuration and specifications of your computer system and equipment, type of data transferred, overall network condition, number of users accessing M1’s network and their compliance with M1’s traffic management policies in respect thereof.
You understand and agree that M1 has no control over third party actions including but not limited to goods and/or services provided by third parties, actions or omissions of third parties (including actions on which the provision of Services is dependent), services provided by overseas service providers and/or content created or owned by third parties which you may access or use via the Services (collectively, "Third Party Actions"). We do not guarantee the quality, reliability, integrity or legality of such Third Party Actions and M1 shall not be liable in any way for any Third Party Actions.
M1 shall not be liable for any costs, loss or damage (whether direct or indirect) suffered or incurred by you by reason of or in connection with the use of the Services. Without affecting the generality of the above, to the fullest extent allowed by Applicable Laws, in no event shall M1 be liable for any indirect, incidental, special, punitive, economic or consequential damages, losses, costs or expenses; or loss of revenue, profit, business opportunities, earnings or goodwill (whether direct or indirect) (collectively, "Losses") whether based on warranty, contract, tort including negligence, strict liability under statute, vicarious liability or otherwise howsoever under any cause of action, and whether or not M1 is advised of the possibility of such Losses suffered or incurred by you by reason of or in connection with the use of the Services.
Notwithstanding the above, if for any reason M1 cannot rely on the limitations of liability set out hereinabove, or is liable to you under other grounds (if any), and M1’s liability thereof is proven by you, M1’s maximum liability in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever under any cause of action, to you and anyone who uses the Services (except for death or personal injury to the extent required by Applicable Laws) shall be limited to Singapore Dollars Five Thousand only (S$5000) or the total of your three (3) months’ Charges preceding the event or series of events, whichever is lower. Our maximum liability to you in every one year period notwithstanding any number of events, shall be limited to Singapore Dollars Five Thousand only (S$5,000).
All pricing and availability of Services on M1’s websites are subject to change and M1 does not guarantee that such information is always printed error-free. M1 reserves the right to reject or cancel any orders resulting from any manifest errors or inaccuracies, without liability.
SPECIFIC PROVISIONS WITH RESPECT TO THE SALE AND SUPPLY OF GOODS
All payment for the purchase of Goods must be made by you upon delivery or collection, unless otherwise agreed by M1. For the purposes of Clause 11, "Goods" shall refer to any mobile phone handsets, computing devices (including but not limited to tablets), data devices, SIMs, accessories or other equipment offered for sale by any entity comprising the M1 Group of Companies in which the property in the Goods is or has been transferred to you, and "M1" shall refer to any entity comprising the M1 Group of Companies which has sold or supplied the Goods to you.
To the fullest extent permitted by Applicable Laws, all Goods are sold on an "as is" and "as available" basis without warranties of any kind whatsoever, whether statutory, express or implied, including but not limited to warranties of merchantability, satisfactory quality or fitness for a particular purpose and you confirm that you have examined the Goods and that the same are free of any external or other defect (including but not limited to scratches and dents) which would be apparent to you upon reasonable examination.
Without affecting the generality of the aforesaid provisions, you have the option to claim directly for defects to the Goods against the manufacturer of the Goods under the manufacturer’s standard warranties. Although M1 makes no representations in respect of the manufacturer’s warranties, your direct claim on the manufacturer’s warranties is likely to facilitate the resolution of such defects on an expedited basis.
In the event Applicable Laws compel M1 to provide you with a replacement Good ("Replacement"), you acknowledge and agree that such Replacement shall be either the same (or equivalent) make and model as determined or provided by the manufacturer for such purpose of the Replacement in accordance with the manufacturer’s policies and accordingly such Replacement may not be new; or such other Replacement as may be agreed between M1 and you. M1 reserves the right to consider the wear and tear of the Goods returned to us in considering the type of Replacement to you. For the avoidance of doubt, any benefit of time to you under Applicable Laws that do not require you to strictly prove the defect in the Goods, shall not be renewed or extended upon the delivery of the Replacement to you.
M1 may offer you the option of a discount on the amount that you have paid, if any, for any defective Goods which cannot be repaired or replaced and the amount of the discount shall take into account your use of the Goods and the proven defect ("Discounted Amount"). You shall retain the defective Goods in exchange for the Discounted Amount. You agree that the Discounted Amount shall be the amount determined by M1 at our discretion.
In the event Applicable Laws compel M1 to provide you with the remedy of a rescission of the Agreement between M1 and you and a refund of monies thereof, you agree and acknowledge that such refund shall be limited to the amount that you have paid, if any, for the Goods and if any amount is refundable under Applicable Laws, the amount of the refund will be reduced to take into account your use of the Goods ("Reduced Amount"). For this purpose you agree that the Reduced Amount shall be the amount determined by M1 at our discretion. In the event of such rescission you shall, at the request of M1, return the Goods and title therein to M1. The resale value of returned Goods, if any, shall belong to M1.
Your rescission of the Agreement between M1 and you under Applicable Laws shall not, unless otherwise agreed by M1, affect any other agreement for Services or sale and supply of Goods that you may have with any entity comprising the M1 Group of Companies.
Save as otherwise provided under Applicable Laws, M1’s entire liability in contract, tort (including negligence or breach of statutory duty) or otherwise to you and anyone who uses the Goods (except for death or personal injury caused by our negligence) shall be limited to the amount which was paid by you for the Goods.
All mobile phone handsets purchased by you shall not be exported or offered for sale in any way outside of Singapore.
ADDITIONAL SPECIFIC PROVISIONS
CONTENT AND HYPERLINKS
You acknowledge that M1 shall have the right (but not the obligation) to monitor any and all transmissions via our Services and you agree that M1 may, at our discretion, delete or modify or deny access to any content in the event that such content is found to be indecent, defamatory, objectionable, offensive, in violation of any Applicable Laws or in infringement of any intellectual property rights.
You acknowledge that your access and/or use of our Services and content may also include hyperlinks to websites which are owned or operated by third parties. Such third party websites are not within M1’s ability to monitor or under M1’s control. You agree and accept that you access and/or use our Services and content at your sole risk and M1 cannot accept responsibility for the contents of or the consequences of accessing any such third party websites or any link contained in such websites. Such hyperlinks shall not be construed as an endorsement or verification of such third party websites or the contents found therein by M1. You further agree that your access to and/or use of such third party websites is subject to any terms and conditions of access and/or use of such third party websites as may be applicable.
You are responsible for the security of your account information, including without limitation your username, passwords and/or personal identification number ("PIN") which have been issued by us to you or determined by you. You must take all appropriate measures (including but not limited to changing your passwords and/or PIN from time to time) to ensure the security and confidentiality of your username, passwords and/or PIN or other security information.
In the event of any compromise in the security of your passwords and/or PIN, you must inform us immediately and change the compromised passwords and/or PIN. You shall be responsible for all consequences arising from any unauthorized or fraudulent use of Services or access to your accounts until such notification is made to us and access to the Services is disabled at your request.
We reserve the right to refuse, change or remove your username, passwords and/or PIN and we will notify you in the event of such refusal, change or removal. We shall not exercise our rights in this sub-clause unreasonably.
If at any time you request for us to reset your password, subject to Clause 12.5, you shall forthwith after ascertaining that your password has been reset, change such password to a new password.
Although we will, where necessary, employ reasonable user authentication measures to identify you in our dealings with you, you acknowledge that such measures may not be foolproof and accordingly, we will not be responsible for any disclosure of your account information to any person as a result of any illegal, improper, unlawful or fraudulent activity, or arising from any false pretences employed on M1.
SERVICE NUMBERS AND OTHER RIGHTS
Notwithstanding any payment which may have been made by you or the duration of your use, you acquire no ownership, rights to or interest in any mobile or fixed service number. We reserve the right to terminate, change, re-assign or replace any mobile or fixed service number at our discretion without being liable to you for any damages or losses suffered.
Notwithstanding any payment which may have been made by you or the duration of your use, you acquire no ownership, rights to or interest in any mailbox number, the user interface, internet protocol address, domain name, circuit reference or any codes assigned to you by us. We reserve the right to change or re-assign the same to you at our discretion without being liable to you for any damages or losses suffered.
You may assign or transfer your rights or obligations under the Agreement only with our prior written approval and subject to your settlement of any and all outstanding Charges in full. M1 may assign or transfer its rights or obligations under any Agreement to any entity comprising the M1 Group of Companies without restriction.
To the fullest extent permissible under Applicable Laws, we may, at any time, amend vary or supplement any terms and conditions of the Agreement (including these M1 General Terms and Conditions, and any Charges, tariffs and price plans) and withdraw, suspend or change any of the Services. We will give you reasonable advance notice (which may include advertisement, statements, letters, postings on our website or such other forms as we deem appropriate) of such changes. If you continue to use the Services after such notice, you will be deemed to have accepted the changes, which acceptance shall apply for the full term of the Services.
These terms and conditions are subject to the Telecommunications Act or any regulations made thereunder and to the terms and conditions of the telecommunication licence granted to us under the said Act.
INAPPROPRIATE OR INFRINGING MATERIAL OR CONTENT
The customer shall strictly comply with:
- all Applicable Laws relating to the Services including without limitation the Telecommunications Act, Code of Practice for Competition in the Provision of Telecommunication Services, Films Act, Computer Misuse Act, Remote Gambling Act, Penal Code, Copyright Act, Spam Control Act, Undesirable Publications Act, Singapore Broadcasting Authority Act, Indecent Advertisements Act, Public Entertainments Act, Common Gaming Houses Act, Maintenance of Religious Harmony Act, Trade Marks Act and Official Secrets Act (see: http://statutes.agc.gov.sg); and
- the Internet Code of Practice (see: http://www.mda.gov.sg/Documents/PDF/Policies/ PoliciesandContentGuidelines_Internet_InterneCodeOfPractice.pdf), any regulations, guidelines, instructions, etc in whatsoever form that the Media Development Authority may issue from time to time relating to the Services or otherwise.
We may in appropriate circumstances and in our discretion and without notice to you, remove or disable access to any material or content, including where we have reasonable grounds to believe that such material or content, is or may be infringing the intellectual property rights of M1 or any other third party, or where we receive a written notice from or on behalf of any third party copyright owner in the prescribed form and manner set out in the Copyright Act (Cap.63) ("Take-down Notice"). We reserve the right to terminate or temporarily disable or disconnect the Services without prior notice to you until the matter is satisfactorily resolved. A full explanation for and of this Take-down Notice procedure can be found at www.m1.com.sg/copyrightactnotification. The Copyright Act can be viewed at: http://statutes.agc.gov.sg
Where any material or content made available by you is removed or disabled by us, we will expeditiously take reasonable steps to notify you after the removal or disabling of access to such material or content, and where such removal or disabling is done in reliance of a Take-down Notice, we will provide you with a copy of the Take-down Notice. If you disagree with our actions, you may send a counter-notice to us in the prescribed form and manner and within the prescribed time period set out in the Copyright Act (Cap.63).
Upon receipt of such counter-notice, we will take reasonable steps to restore or enable access to such material or content, provided it is technically and practically feasible to do so, and within the time period stipulated in the Copyright Act (Cap. 63), unless court proceedings are commenced by the copyright owner or under the owner's authority, to prevent the restoration, or enabling of access to such material or content and we are informed in writing of such court proceedings.
Save for purposes of using the Services, you may not use or disclose to any other person any information relating to any entity within the M1 Group of Companies, the Services or any M1 Equipment which you have acquired from us or our subcontractors and/or agents in connection with the provision of the Services, unless such information is publicly available information or has become publicly available otherwise than through a breach of any obligation on your part.
NO ADVERSE INFERENCE
No adverse inference shall be drawn against M1 by virtue of having drafted these M1 General Terms and Conditions under contra proferentem or otherwise.
No delay or failure by M1 to take any action or to enforce or exercise any of its rights in the Agreement 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 in the Agreement.
If any of the terms of the Agreement (including these M1 General Terms and Conditions) is held to be unenforceable, invalid or illegal for any reason, that provision shall to the extent permissible be severed, save and except that the remaining provisions shall remain in full force and effect to the extent applicable.
RIGHTS OF THIRD PARTIES
Save for entities comprising the M1 Group of Companies, a person (including any user) who is not a party to the Agreement has no right to enforce any of these terms or the terms of any Agreement under the Contracts (Rights of Third Parties) Act (Cap 53B).
In the event of any conflict or inconsistency between any terms of any document comprising the Agreement (including but not limited to any general terms and conditions of any entity comprising the M1 Group of Companies that is providing services or goods to you), such conflict or inconsistency shall, in the absence of any express agreement to the contrary, be resolved in a manner most favorable to the M1 Group of Companies, to the fullest extent permissible under Applicable Laws.
NOTICES AND CORRESPONDENCE
All notices, communication and correspondence by us ("Communication") to you may be sent by us to you by hand, post, email, facsimile transmission or any other means deemed appropriate by us. Such Communication may be sent to your address, email or fax number as maintained in our records or from which we have received any communication from you. Any such Communication addressed and sent to you shall be deemed to have been received by you:
- if delivered by hand, on the date and at the time it was delivered to (or left at) your address;
- if sent by post within Singapore, one (1) day after it was posted, and if sent by post outside of Singapore, seven (7) days after it was posted;
- if transmitted by way of email or facsimile transmission, immediately at the time of transmission by us.
Any communication by you to us shall be in writing in the English language unless we specify otherwise. We have the right to regard any communication by you to us as invalid or ineffective if we have not confirmed our receipt of such communication to you.
Your access and/or use of the Services are subject to compliance with these M1 General Terms and Conditions and shall be governed by and construed in accordance with the laws of Singapore and you agree to submit to the exclusive jurisdiction of the courts of Singapore. For the avoidance of doubt, M1 may initiate proceedings in any jurisdiction as it deems fit.