Definitions and Application
These Specific Terms and Conditions set forth the terms and conditions which shall apply to the use of the My Smart HDB Home @ Yuhua service by you.
In these Specific Terms and Conditions:
"Agreement" means these Specific Terms and Conditions, the M1 Limited General Terms and Conditions and any other terms and conditions accepted by you in your application forms for the Service;
"Tcam" means “Tcam Technology Pte Ltd”;
“Intraix” means “Intraix Pte Ltd”;
"Charges" means any and all activation, installation, administrative, service call and subscription fees and any other fees and 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 monitoring and management devices, including any and all hardware and software and parts thereof, used by you to access and use the Service;
"Service" means the My Smart HDB Home @ Yuhua service which includes the Elderly Monitoring Service and/or Utilities Management Service;
"Service Address" means the physical premises for which the Service is to be provided;
"We", "us", "our" or "M1 " means M1 Limited; and
"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").
In addition to these Specific Terms and Conditions, the provisions of M1's General Terms and Conditions or any other terms as may be agreed by you apply and are incorporated by reference. In the event of any conflict or inconsistency, such conflict or inconsistency shall be resolved in the manner most favourable to M1 to the fullest extent permissible under applicable laws.
The Service is supported by Tcam and Intraix which will be providing the Elderly Monitoring Service and the Utilities Management Service to Subscribers respectively (“Third Party Providers”). You acknowledge that the Services are provided to you by Third Party Providers. M1 shall not in any way whatsoever be liable or responsible for the Services provided by the Third Party Providers or any failure, delay, default, acts or omissions by such Third Party Providers that delay or otherwise impact or affect the provision of the Services, howsoever arising.
In the event that you receive Equipment from the Third Party Providers in relation to the Service, you acknowledge that you shall be responsible for the maintenance of such Equipment in good working order and condition in accordance with any instructions which the Third Party Providers may issue from time to time. M1 shall not in any way whatsoever be liable or responsible for any service failure, degradation or interruption arising from your failure to maintain the Equipment properly.
You will be charged, and you agree to pay a recurring subscription fee for the Service at the respective published rates. All fees are subject to change from time to time at our sole and absolute discretion, and prevailing GST shall apply. The subscription fee will be billed monthly in advance, unless otherwise expressly agreed by us in writing.
Separate charges may be applicable for any additional requests, for example, for on-site support or re-configuration requests. Such charges shall be payable directly to Tcam and Intraix, unless otherwise informed by M1.
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 7 days of prior notice. However, if (a) you terminate the Service prior to the end of the Commitment Period or (b) we terminate this Agreement or suspend the Service due to your breach of this Agreement or for other lawful grounds owing to your default, acts or omissions, you shall pay the subscription fees for the remaining months of the Commitment Period based on the monthly published rates.
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 on this website. You agree that such publication will constitute notice of the amendments. Your continued use of the Service will constitute acceptance of the amendments.
You may not temporarily disconnect or suspend the Service during the Commitment Period as stated in your contract.
Equipment and Computer
Access and use of the Service may require the use of Equipment which will be provided at the point of installation.
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.
Where we provide you with a username and password to access the Service, you must take all appropriate measures (including but not limited to changing your password from time to time) to ensure the security and confidentiality of your username and password. Such access details are confidential and should not be disclosed to any third party. You shall not allow any such third parties to access the Service, whether on your behalf or otherwise. You shall be responsible for maintaining the confidentiality of your username and password and for preserving the same securely to prevent unauthorised access.
You acknowledge and agree that you, and not us, are responsible for ensuring that the computer system and 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 arising out of any failure to meet such system requirements or any change in your system configuration.
In the event that you request for any work to be performed in respect of the Service and Equipment at the Service Address (including without limitation, any installation, service call, collection, inspection, maintenance, connection, disconnection and/or repair) and you are not the owner of the Service Address, you represent and warrant that you have obtained the consent of the owner of the Service Address for our personnel, agents or subcontractors to enter the Service Address to perform such works.
Unless otherwise permitted by us in writing, the Services are only available to you if:
you are a resident having a residential address within the Yuhua postal code of 600101 to 600116, 600209 to 600240, 600241 to 600251, 600252 to 600264, 600317 to 600328, 600343 to 600353, 601215, 601217, 601219, 601221, 601223 and 601225, 601318 and 601322 (as stated in your NRIC).
Unless we provide our written consent to the contrary, you acknowledge and agree that (a) the Service is provided for personal use at and within the Service Address only; (b) you shall not use the Service for commercial purposes, resell the Service to other persons whether for profit or otherwise, charge other persons for use of the Service or use the Service at another Service Address.
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, shall apply. In the event of any conflict or inconsistency, such conflict or inconsistency shall be resolved in the manner most favorable to M1.
Without prejudice to the aforesaid, but for the avoidance of doubt, the Service and the Equipment and any work performed in respect of the Service (if applicable) is provided on an "as is" and "as available" basis and you accept that your access or use of the Service 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 Service, and M1 has not warranted, and does not warrant that the Service 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 sole and absolute 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 work or the works of other service providers or of your equipment or the equipment of any third party or epidemics caused by infectious diseases.
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 Services and Equipment.
You acknowledge and agree that the Service grants you access to monitor and review the activity with the Equipment at the Service Address that we have no obligation or ability to review, monitor or control the Service.
Neither M1, M1 Limited nor any of their corporate parents, affiliates, subsidiaries, subcontractors, nor any employees, officers or directors of the foregoing 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, and that the use of the Service for monitoring and reviewing of activity is dependent on factors beyond our control, including without limitation the configuration and specifications of your computer system, peripherals and the Equipment.
Neither M1 nor any of its corporate parents, affiliates, subsidiaries, subcontractors nor any employees, officers or directors of the foregoing shall have any liability whatsoever howsoever arising in connection with the provision of the Service and/or your use of the Service or in respect of any loss of data suffered arising from the use of the Service, the Account and/or the Equipment, howsoever caused.
Notwithstanding the incorporation of the M1 Limited General Terms and Conditions mutatis mutandis where applicable, under no circumstances shall M1 Limited be liable to you.
Suspension AND TERMINATION
In addition to the grounds for suspension and termination as set forth in any General Terms and Conditions, we may also terminate this Agreement and/or suspend the Service:
if you fail to comply with this Agreement or any other applicable terms and conditions as may be agreed between us. In such event, 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; or
as result of matters beyond our control, including without limitation, acts of God, acts or omissions of third parties, requirements of any regulatory or governmental authority (including removal of any applicable license or issuance of court order), national emergency, war, riots, strikes, industrial disputes (whether or not involving our employees), accident, lightning, fire, computer software or software malfunction, failure by our suppliers, equipment failure, electrical power failure, faults, interruption or disruption of our work or the works of other service providers or of your equipment or the equipment of any third party.
You hereby agree to fully indemnify, defend and hold harmless M1 and all of its corporate parents, affiliates, subsidiaries, and all employees, officers and directors of the foregoing from and against any and all claims, losses, damages and expenses (including legal expenses) caused by or arising out of the use of your Account and/or the Service whether by you or other persons.
Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of Singapore. M1 and you hereby submit to the exclusive jurisdiction of the Singapore courts or binding and final arbitration in Singapore, for any disputes arising in connection with the Agreement, in accordance with M1 General Terms and Conditions.
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.