General Terms and Conditions


The 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.


Minors

Minors who are between 16-21 years old are eligible for our basic postpaid services (but not international telephone and roaming services). Minors who are at least 15 years old are eligible for our prepaid services.

Payment

We will bill you monthly or more frequently if your usage exceeds or is likely to exceed your credit limit.

Your bill will reflect the prices and charges based on the terms and conditions of our service(s) and/or equipment(s) provided to you.

You will only be charged for the service(s) and/or equipment(s) that you have ordered or used in accordance with our terms and conditions.

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 contest any charges which you have paid, you have one (1) year to do so from the date of our invoice or the date on which the charge was deducted. An administrative charge may be imposed for retrieving any record in relation to the disputed charge.

We shall revert to you in writing within thirty (30) days from the date we receive your notification of dispute.

Other than the amounts which you disagree with, please pay your bill by the Due Date. Upon the resolution of dispute being in our favour, you have to pay the disputed amount immediately. In such cases, we may claim from you any legal costs 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; or

submit the dispute to any court of Singapore.

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 legal costs on a full indemnity basis incurred should we claim against you for non-payment of any unpaid charges.

Credit Limit on Call Charges

We may apply a credit limit for call charges incurred under your Account. Services may be suspended in case of non-payment or if this limit is exceeded.

Deposit

We may require you to provide a deposit in respect of our service(s). The deposit could be used to offset, including but not limited to, any outstanding charges under any of your accounts.

Subject to the above, your deposit will be returned to you without interest after you terminate this Agreement and settle all outstanding charges or claims brought by us if you have breached this Agreement.

Suspension and Termination

We have the discretion to terminate this Agreement or temporarily disconnect our service(s) 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 our network;

if you use, allow the use, intend on using our service(s) fraudulently/dishonestly;

if we are acting in compliance with a requirement of any relevant regulatory authority or law enforcement body, including for reason of illegal or improper activity by you;

if the registered customer is deceased;

if the registered customer is a corporation and cease to carry on business; or

without prejudice to our other rights, if you repeatedly use, allow the use, intend on using our service(s) to cause infringement of copyright in any material, or repeatedly commit infringement of copyright in any materials on or using our network. For the purposes of Clause 5.1.6, 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.

We have the discretion to terminate this Agreement or temporarily disconnect our service(s) 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, we have a right to terminate any or all of your accounts should any charges remain unpaid under any one of your account;

if you commit a breach of any of the terms and conditions;

if you become or threaten to become bankrupt or insolvent;

if you make any compromise or arrangement with or assignment for the benefit for your creditors or a receiver or administrator is appointed over your assets or go into either voluntary or compulsory liquidation;

if you or any other person uses the mobile phone to cause irritation, annoyance, embarrassment, harassment or nuisance to others through the mobile phone service;

if you fail to pay the deposit when requested by us;

if you tamper or allow any other person to tamper with your mobile by unauthorised 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 GSM Service);

if your call charges exceed the credit limit specified by us;

if any of the material information specified by you on the application form is found to be false; or

where the charges imposed on you for our service(s) are based on any particular use or purpose and you utilised or allowed our service(s) to be utilised for any other use or purpose without first obtaining our prior written consent.

Pursuant to Clause 5.2 above, we shall give you the basis and 1 day's advance notice of the suspension or termination, unless you inform us that you have rectified the breach.

You may terminate our service by calling our Customer Service Hotline 1627, by faxing or writing to us and giving us 1 day's prior notice. However if you terminate within the first 3 months from the date of commencement of service ("Initial Period"), you will have to pay for subscription for the whole of the Initial Period based on our non-promotional rate.

Post Termination

Termination 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 handset contract charges, prior to the date of termination.

Application for new account(s) 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 account(s) terminated under Clause 5.2.1 or otherwise.

Obligation to Inform

You will have to inform us of any change in your particulars, including but not limited to billing address.

Personal Information

Your personal information may be used for:

planning, provisioning and billing for any service provided by us (including bill printing and collection of bill payments);

managing bad debt and preventing fraud;

facilitating interconnection and inter-operability between operators for the provision of services;

providing assistance to law enforcement, judicial or other government agencies; and/or

complying with any regulatory requirement imposed by IDA.

By signing our application form, you have given us your consent to use your personal information for other purposes, including but not limited to, telemarketing, research, outsourcing and for joint promotional activities; otherwise kindly inform us by calling our Customer Service Hotline 1627, faxing, using our self-service channels or writing to us to withdraw your consent.

Subject to clauses 8.1 and 8.2, we shall treat your personal information as confidential.

Indemnity from you

You shall indemnify us against all claims that anyone threatens or makes against us relating to your use of our services or due to your breach, negligence or omission.

For the avoidance of doubt, you shall comply with all laws and regulations and without prejudice to the generality of the aforesaid, you may not resell, distribute, provide, sub-license or offer in any way whatsoever, any service(s) or rental device(s) to any third party, whether for profit or not, without our approval in writing.

Limitation of Liability

M1 shall not be liable for any costs, loss or damage (whether direct or indirect), or for loss of revenue, loss of profits or any consequential loss whatsoever as a result of your using the mobile phone service and/or international telephone service or for whatever reason under this Agreement.

Notwithstanding our exclusion of liability set out in Clause 10.1 above, our entire liability in contract, tort (including negligence or breach of statutory duty) or otherwise to you and anyone who uses our services (except for death or personal injury caused by our negligence) shall be, limited to the lower of S$5,000 or the total of your three (3) months' charges preceding the event or series of events.

Transfer

You may transfer your rights under this Agreement with our written consent. You will have to enter into a transfer agreement and settlement all outstanding charges.

Amendments

We may, at any time, amend or delete any of our terms and conditions and/or our tariffs and price plans and/or withdraw, suspend or change any of our 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 service after such notice, you will be deemed to have accepted the changes.

Telecommunication Act

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.

Effective from 1 March 2009

Customers who are 18 years old as at or after 1 March 2009 and opt to re-contract their services are subject to the laws effective as at 1 March 2009.

Inappropriate or Infringing Material or Content

The Customer shall strictly comply with:

all applicable laws of Singapore relating to our services including without limitation the Telecommunications Act, Code of Practice for Competition in the Provision of Telecommunication Services, Films Act, Computer Misuse Act, Penal Code, Copyright 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 Service or otherwise.


We may in appropriate circumstances and in our absolute 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 our service(s) 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.

Specific Terms and Conditions

A. Mobile Phone Service

Your Account

You will be connected to our basic service within 4 hours of your application.

Your Equipment

Your mobile phone has to be type approved by the Info-communications Development Authority of Singapore (IDA).

Our Service

We offer the "Global System for Mobile Communications" ("GSM") and 3G services.

Roaming

Automatic Voice and SMS roaming service for mobile phone outside Singapore is available in countries as stated on our website. A deposit may be required for roaming services to certain countries. Separate and additional roaming charges shall apply when you roam outside Singapore.

Users' Obligations

You will be responsible for all charges and calls made from your mobile phone/SIM card as long as the Account is in your name, even if your mobile phone/SIM card is not in your possession.

Fraudulent Use or Lost/ Stolen Equipment

For loss of your mobile phone/SIM card, you must report to us at our Customer Service Hotline at 1627.

You must report any fraud, suspected fraud, dishonest use or theft of your mobile phone/SIM card to the police in Singapore or overseas (where applicable) and also to us at our Customer Service Hotline at 1627 within 24 hours.

You will be liable for all charges of the lost/stolen or fraudulent use of your mobile phone/SIM card until we receive your telephone call as stated above for disconnection of our service.

If you recover your lost/stolen mobile phone/ SIM card, we are able to reconnect our service upon you paying all outstanding charges and a reconnection fee.

General

You are bound by and must observe and comply with all the General Terms and Conditions as well as such other terms and conditions as agreed or accepted by you.

B. International Telephone Services

Billing

You will be liable for all international calls made through the home/office phone/mobile line(s) that you have registered with us so long as the M1 International Telephone Service Account is in your name, even if you are not the registered owner of such home/office phone/mobile line(s).

Users' Obligations

You have to inform us if

the home/office phone/mobile line(s) that you have registered with us is terminated; or

you wish to change the home/office phone/mobile line(s) that you have registered with us.

Should you fail to inform us of such termination or change for whatever reasons, you shall continue to be liable for all international calls made from the home/office phone/mobile line(s) until we are informed of such termination or change.

General

You are bound by and must observe and comply with all the General Terms and Conditions as well as such other terms and conditions as agreed or accepted by you.