Definition and Interpretation
In these terms and conditions for Prepaid Broadband Services, except to the extent that the context requires otherwise, the following expressions shall have the meanings ascribed to them below:
“Applicable Laws” means 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;
“Prepaid Broadband Services” means any broadband services that are supplied to the customer on a prepaid basis, including without limitation mobile data services. Without prejudice to the foregoing but for the avoidance of doubt, products including without limitation, Prepaid SIM Cards and Top-Up Cards shall form part of the Prepaid Broadband Services;
“Prepaid SIM Card” means any prepaid card with a SIM Chip (including without limitation the Prepaid Broadband Card and Prepaid Data Card) which (a) requires registration for use; (b) has a fixed stored value and valid service period; and (c) allows access to and/or use of the Prepaid Broadband Services;
“Top-Up Card” means the physical or virtual top-up cards which are used to add value to Prepaid SIM Cards;
“Terms and Conditions” means these terms and conditions for Prepaid Broadband Services.
Applicability of Terms
These Terms and Conditions are applicable to you upon your purchase, activation and/or use of your Prepaid Broadband Services, whichever takes place first.
Your use of the Prepaid Broadband Services is subject to your compliance with these Terms and Conditions, M1 General Terms and Conditions as stated on www.m1.com.sg, any specific terms and conditions for use of the Prepaid Broadband Services or any other terms and conditions as may be agreed between us (if any) and our prevailing policies, guidelines, instructions, notices and directions, as from time to time amended, modified or varied. In the event of any conflict or inconsistency between any applicable terms and conditions, such conflict and inconsistency shall be resolved in a manner most favourable to M1 and its affiliates, as determined by M1 at its sole and absolute discretion.
To the fullest extent permissible under Applicable Laws, M1 may, at any time, amend, vary or supplement these Terms and Conditions (including any charges, tariffs, price plans and the benefits thereunder) and withdraw, suspend or change any of the Prepaid Broadband Services. We will, where it is reasonably practicable to do so, give you reasonable advance notice (which may be through written notice, electronic mail, letters, our website, our bills or such other forms as we deem appropriate) of such changes. If you continue to use the Prepaid Broadband Services after such notice, you will be deemed to have accepted the changes, which acceptance shall apply for the full term of the Prepaid Broadband Services. The prevailing terms and conditions as updated on our website www.m1.com.sg shall apply and supercede any and all previous versions, including in any user guide or application form.
In order to purchase and activate the Prepaid SIM Card, you must register the Prepaid SIM Card. The following identification documents are necessary for registration:
- Singaporeans: Pink identity cards or Singapore Passports
- Singapore Permanent Residents: Blue identity cards or Passports
- National Servicemen: SAF11 B, SPF11 B and SCDF11 B
- Foreign Workers/Expatriates: Passports, Work Permit Identification Cards (issued from 3 May 1999), S Pass, Employment Pass, EntrePass, Training Employment Pass, Personalized Employment Pass or Work Holiday Pass
- Foreign Visitors: Passports, Dependant’s Pass, Long Term Pass or Student’s Pass
- Any other documentation as may be reasonably required by M1
You acknowledge and agree that your failure to register the Prepaid SIM Card or your purchase and/or use of any Prepaid SIM Card that has not been registered may be illegal and/or unlawful and you shall indemnify M1 against any damages, liabilities, losses and/or claims which M1 may suffer directly or indirectly, resulting from your acts or omissions or arising from your use of the Prepaid Broadband Services.
Upon successful registration, you may use the Prepaid SIM Card for connection to our network. The Prepaid SIM Card should be used with equipment that is type-approved by the Info-communications Authority of Singapore ("IDA").
Your Prepaid SIM Card will be activated subject to these registration requirements.
The Prepaid Broadband Service is for local data usage only. For the avoidance of doubt, voice calls, roaming, international call services and SMS are not available under the Prepaid Broadband Service.
You shall use the Prepaid Broadband Services for lawful purposes only in accordance with these Terms and Conditions and in compliance with Applicable Laws.
You may not resell, distribute, provide, sublicense or offer in any way whatsoever, the Prepaid Broadband Services to any third party whether for profit or not, without M1’s approval in writing.
All Prepaid SIM Cards and Top-Up Cards are strictly not refundable once sold. M1 shall not be liable for any loss, theft, damage (including wear and tear) or misuse of the Prepaid SIM Card and/or Top-Up Card which you may suffer.
The Prepaid SIM Card is valid for a fixed number of data bundle allocation or data bundle days’/hours’ usage, as may be applicable. You may not suspend use of the Prepaid Broadband Services once the Prepaid SIM Card has been activated. In the event that the M1 Prepaid Broadband Services is suspended or terminated after activation for whatever reason howsoever arising, any unused value in the Prepaid SIM Card and Top Up Card is strictly not refundable and not transferable. All Prepaid SIM Cards should be topped up before their expiry date. Upon expiry, the Prepaid SIM Cards and Top Up cards will be deactivated and all unused value will be forfeited. You shall not be entitled to claim any refund of such value for any reason whatsoever.
New Prepaid SIM cards activated from 15 November 2016 onwards can only be used on mobile devices that are compatible with 3G networks or above.
The speed and availability of the Prepaid Broadband Services is subject to coverage, location, devices used, network traffic and type of data being transmitted. Applicable High Speed Packet Access (HSPA) services are subject to network availability, device capability and other conditions.
You will indemnify and hold M1 Limited harmless against any damages, liabilities, losses, and/or claims brought against, suffered or sustained by M1, you or any third party, which arises directly or indirectly out of a breach of these Terms and Conditions by you, your acts or omissions, or by your use of the Prepaid Broadband Services.
We will respect your privacy and use, collect and disclose your personal data in accordance with Applicable Laws.
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.
Without prejudice to the aforesaid, you acknowledge that M1 may, to the extent permitted by law, collect, use or disclose your personal data (which includes without limitation, your contact and identification information, payment records, detailed call records, and other information about your use of our network, products and services) for the following purposes:
- To verify your identity, and to process your order(s) and application(s) for the Prepaid Broadband Services;
- To provide the prepaid services and to facilitate interconnection and inter-operability between telecommunications licensees in providing the Prepaid Services;
- To respond and deal with enquiries or complaints and for other customer-care activities;
- To manage, develop and improve our business and operations to serve you better;
- To provide self-service channels for customer-care and account management activities;
- To carry out market research and customer surveys;
- To conduct investigations or take action in relation to bad debts, crime and fraud prevention, detection or prosecution;
- To conduct investigations or take action in relation to any violation of any of our terms and conditions for Prepaid Services, including our General Terms and Conditions, or our Acceptable Use Policies;
- To third parties who perform Prepaid Services on our behalf, but only to the extent necessary for the services to be performed;
- To protect and maintain your personal data, as well as to access and make corrections to your personal data;
- To comply with legal and regulatory requirements imposed by any public agency;
- Any other purpose necessary, ancillary or consequential to the above specified purposes.
In addition to the grounds for suspension and termination as set forth in the M1 General Terms and Conditions, M1 may, by giving you advance notice where reasonably practicable depending on the circumstances, suspend for a certain period as determined by M1 or terminate the Prepaid Broadband Services in any of the following circumstances:
- If you fail to comply with these Terms and Conditions (including any registration requirements) or any other terms and conditions as may be agreed between us (if any);
- If so directed by any relevant regulatory or governmental or judicial authority or law enforcement body.
No Warranties and Limitation of Liability
Without prejudice to the aforesaid, but for the avoidance of doubt, the Prepaid Broadband Services are provided on an "as is" and "as available" basis and you accept that your access or use of the Prepaid Broadband Services 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 warranty as to the sequence, accuracy, completeness, security, compatibility, timeliness, reliability, quality, suitability, originality or non-infringement of the Prepaid Broadband Services, and M1 has not warranted, and does not warrant that the Prepaid Broadband Services will be provided uninterrupted or be available at all times or free from 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 in its 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 regulatory or governmental 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 our 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 Prepaid Broadband 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.
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 or otherwise, 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 Prepaid Broadband 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, and M1’s liability thereof is proven, M1’s maximum liability in contract, tort (including negligence or breach of statutory duty) or otherwise to you and anyone who uses the Prepaid Broadband 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’ usage preceding the event or series of events, whichever is lower.
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 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.
A person (including any user) who is not a party to the Prepaid Broadband Services contract with M1 has no right to enforce any of these Terms and Conditions under the Contracts (Rights of Third Parties) Act (Cap 53B).
Your access and/or use of the Prepaid Broadband Services is subject to compliance with these 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.