DEFINITIONS AND APPLICATION

These Specific Terms and Conditions set forth the terms and conditions which shall apply to the use of the M1 Smart Fleet Management Service by you.

In these Specific Terms and Conditions, unless the context otherwise requires:

“Agreement” means these Specific Terms and Conditions, the M1 Limited’s General Terms and Conditions and any other terms and conditions accepted by you in your application form(s) for the Service;

“Charges” means any and all activation (including re-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;

“Comcentric” means Comcentric Solutions Pte Ltd (Company Registration No: 200415511H);

“Commitment Period” means the minimum subscription period of thirty-six (36) months for each subscription for the Service, as stated and agreed by you in your application form(s) for the Service;

“Equipment” means the ODB II and/or GPS devices, and related accessories, including any and all hardware and software and parts thereof, used by you to access and use the Service;

“Service” means the M1 Smart Fleet Management Service;

“Service Address” means the physical premises for which the Service is to be provided;

“System” means the Fleet Management and Tracking System, comprising (i) a web-based fleet management features and/or mobile application; and (ii) a Global Positioning System “GPS” device, both supplied by Comcentric for purposes of the Service, and shall include the Equipment;

“Vehicle” means any vehicle owned, leased or used by You in relation to the Service subscribed by You;

“We”, “us”, “our” or “M1” means M1 Limited; and

“You”, “your”, “Customer” 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 Limited's General Terms and Conditions, the specific terms and conditions for the use of the applicable M1 mobile/mobile broadband services and our acceptable use policies from time to time published at www.m1.com.sg, and any other terms and conditions as may be agreed by you, shall apply to the use of the Service by you and are incorporated by reference. In the event of any conflict or inconsistency between these Specific Terms and Conditions and M1 Limited’s General Terms and Conditions, the conflict or inconsistency shall be resolved in the manner specified in M1 Limited’s General Terms and Conditions. In the event of any other inconsistency, such inconsistency shall be resolved in the manner most favourable to M1 as determined by M1 in its sole and absolute discretion.

The Customer in applying for the Service acknowledges and agrees to be bound by these Specific Terms and Conditions, the M1 Limited’s General Terms and Conditions, the specific terms and conditions for the use of the applicable M1 mobile/mobile broadband services, our acceptable use policies from time to time for the regulation of the use of the Service and the applicable M1 mobile/mobile broadband services, and other applicable terms and conditions as may be agreed between the Customer and us (if any), as from time to time amended, modified or varied by M1.

SERVICE

The Service is open to both new and existing corporate customers of M1 who have the following:

A valid Singapore Certificate of Incorporation (“COI”); or

A valid Singapore Business Registration Certificate (“BRC”).

M1 reserves the right, at its sole discretion, to decline acceptance of the Customer's application for the Service for any reason or no reason.

The Service is supported by Comcentric as a subcontractor of M1 (“Third Party Providers”), in the provision of the Service and Equipment to Subscribers. You acknowledge that the Service and Equipment are provided to you by Third Party Providers. M1 shall not in any way whatsoever be liable or responsible for the services or equipment provided by the Third Party Provider(s) or any failure, delay, default, acts or omissions by such Third Party Provider(s) that delay or otherwise impact or affect the provision of the Service and/or Equipment, howsoever arising.

You will be charged, and you agree to pay, a recurring subscription fee and a one-time installation charges per Equipment for the Service at the respective published rates. All fees and charges 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. Unless otherwise agreed to in writing by M1 or informed by M1, you shall make payment to the M1 entity which issues the invoice; such entity may be M1 Limited or any other entity within the M1 group of companies. Upon expiry of the Commitment Period, the Service shall, at M1’s sole and absolute discretion, continue on a month-to-month basis on the same terms and conditions, subject to Charges at the prevailing rates, unless otherwise agreed by M1 in writing.

Separate charges may be applicable for any additional requests, for example, for on-site support, re-configuration requests and/or relocating the Equipment to other vehicle. Such charges shall be payable directly to Comcentric, unless otherwise informed by M1. M1 shall not in any way whatsoever be liable or responsible for any payment disputes.

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 1622 (or at such other number as M1 may inform or publish from time to time) or by writing to us, and giving us one (1) month 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 during the Commitment Period 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, taking into account including without limitation technological developments and/or market demands from time to time, at M1’s discretion and without any notice to the Customer. The Customer acknowledges that the technical implementation that M1 uses to deliver the Service is at M1's discretion. The System and the related software may be updated from time to time at M1's and/or Comcentric’s discretion, and you agree to use only the most updated version once it has been released. 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.

Early termination charges at the rates published by M1 will be applicable in the event of any premature termination during the Commitment Period. There will strictly be no proration of monthly subscription fees. You may not temporarily disconnect or suspend the Service during the Commitment Period as stated in your contract. No downgrading of service plans (ie changing to a plan with lower monthly subscription fee) is allowed during the Commitment Period. Any downgrading of service plans shall be treated as a termination of the Service, and applicable early termination charges shall apply. Subject to M1’s consent, Customer may request to upgrade the service plan but there may be Service downtime for such upgrading, and unless otherwise agreed by M1 in writing, the Commitment Period for any upgraded service plan shall commence from the date of activation of the upgraded service plan.

The Customer’s Vehicle must be installed with the Equipment in order to enjoy the Service. Activation of the Service is subject to service provisioning time required by M1 and/or its Third Party Providers to provide the Service.

The Customer acknowledges that all service provisioning will be performed during normal business hours: Monday to Friday from 8.30am to 6.00pm, unless otherwise agreed in writing between M1 and the Customer.

The Service works using minimum 3G cellular network, as well as the Global Positioning System (“GPS”) satellite network. Without prejudice to any provision of these Specific Terms and Conditions and any other provision incorporated herein by reference, the Customer acknowledges, agrees and understands that the Service works in areas with suitable GSM/network coverage, and there may be events or circumstances outside or beyond M1’s and/or its Third Party Providers’ control that may prevent M1 and/or its Third Party Providers from providing the Service to the Customer at any particular time or place, including but not limited to, damage to important parts of the Vehicle in an accident, hills, tall or high rise buildings, basement carparks, tunnels, weather condition, electrical system design and architecture of the Vehicle, or network loss or congestion.

The Service is intended to operate on an active mobile broadband service, and will only be available in Singapore, unless otherwise informed by M1. Where M1 launches, at its sole and absolute discretion, roaming capability for the Service:

the Customer must activate roaming service for its Account(s) before leaving Singapore, in order to use and access the Service outside of Singapore; all request(s) for roaming service activation shall be made through the M2M self-help portal under your Account, or by calling our Customer Service Hotline at 1622 (or at such other number as M1 may inform or publish from time to time) or the M1 account manager in charge of your Account; and

roaming charges may be applicable for accessing and/or using the Service outside of Singapore, and all applicable roaming charges at the prevailing rates published by M1 shall be borne by the Customer, in addition to the applicable subscription charges for the Service.

The Customer acknowledges and agrees that it must procure and maintain at its own costs and expense any equipment, software or connectivity services required to access and use the Service.

The Customer acknowledges and agrees that all intellectual property rights in and to the System shall remain exclusively owned by us and/or our licensors. The System may contain technological measures designed to prevent illegal usage of software or other violations of this Agreement or applicable law. You agree not to circumvent or attempt to circumvent such measures.

EQUIPMENT AND CUSTOMER’S RESPONSIBILITIES

Access and use of the Service will require the use of Equipment which will be provided at the point of installation. Certain Vehicles or installation configurations may require professional installation, additional equipment or modifications to your Vehicle(s). You acknowledge and agree that any such activities not performed by M1 or its authorised installer will be at your sole risk, and M1 shall not be liable for any consequences arising therefrom.

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. You further acknowledge and agree that any warranty on the Equipment is provided solely and directly by Comcentric, and we shall not in any way whatsoever be liable or responsible for any warranty coverage dispute.

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 M1 and/or the Third Party Providers may issue or publish from time to time. We 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.

The Customer must ensure that the Equipment is connected to the Vehicle’s battery and powered at all times. The Equipment may fail to function when this power source is removed and/or if there are any battery-related problems. The Equipment may also fail to work if there are problems in the Vehicle’s electrical circuit. The Customer must also ensure at all times that the GPS antenna of the Equipment is not blocked by any metal bodies. The Equipment may fail to work if there is a GSM signal jammer inside the Vehicle and/or in the surrounding areas.

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.

In addition, you shall abide and be bound by, and adhere to, the following:

You shall take due care of the Equipment and shall follow such operating instructions given by M1 and/or Comcentric from time to time;

You shall be responsible for damages, injury or loss arising directly or indirectly out of or in connection with the use and operation of the Equipment and/or the Service;

You shall not unplug or dismantle the Equipment, and shall maintain in good condition any Equipment provided by M1 and/or Comcentric from the date the Equipment is delivered or installed. In the event any of the Equipment is deemed faulty, lost or damaged due to any fault, act, omission or negligence of the Subscriber, you shall have to bear the cost of the Equipment chargeable at the prevailing rates per Equipment;

You shall comply with all notices or instructions given by M1 and/or Comcentric from time to time in respect of the use of the Service;

You shall be solely responsible for all costs of repairs incurred in relation to the Equipment in the event it is proven that any fault in such Equipment whether by act or omission is caused by the Subscriber;

You shall comply with the rules of any GSM or other network through which you access the Service;

You shall not hold us and/or Comcentric liable in the event that the Equipment is damaged due to events beyond our or Comcentric’s control, including but not limited to floods, fire and lightning strike;

You shall not hold us and/or Comcentric liable or responsible in the event that we and/or Comcentric is unable to replace or change the Equipment to a similar model or type as the Subscriber’s existing Equipment, and M1 reserves the right to replace the Equipment with any alternative model or type available at the relevant time which is able to substantially perform and provide features not less favourable than the Subscriber’s existing model, at M1’s sole discretion. All replacement and exchanges of Equipment shall be subject to applicable warranty terms and conditions;

You shall promptly inform both us and Comcentric of any change in the Subscriber’s information (including information relating to Subscriber’s Vehicle) provided earlier to M1 and/or Comcentric;

In the event of any interruption, loss or unavailability of the Service and/or any technical faults encountered with the Service, you may request for technical support and basic troubleshooting at the rates/charges as may be prescribed by M1 and/or Comcentric from time to time.

You are solely responsible for any use of the Service, even if you are not directly using it or in the event that you claim the use was unauthorized. You are also solely responsible for the Service requested by your drivers, or by anyone using the Vehicle, Equipment and/or System. Any transaction with anyone and any use made of any information received from or through the Service is entirely your responsibility; and

You shall promptly notify both M1 and Comcentric in the event you sell the Vehicle or end its lease or if the Vehicle or Equipment is stolen or otherwise lost. Notwithstanding such notification to M1 and Comcentric, you shall continue to be responsible for any charges applicable for the Service for the remaining months left on the Commitment Period. Applicable early termination charges shall apply in the event you seek to terminate the Service prior to the expiry of the Commitment Period.

You acknowledge and agree that accuracy of the information and data derived from the use of the Service depends on, amongst others, the information you provide to us and Comcentric being and remaining true, complete, accurate and up-to-date at all times. We shall not be responsible for any error or inaccurate information, data or report derived from the use of the Service arising out of your failure to ensure that the information you provided to us and Comcentric being and remains true, complete, accurate and up-to-date at all times.

You acknowledge and agree that you, and not us, are responsible for ensuring that the Vehicle, 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.

You agree to provide or procure access to M1, Comcentric, their authorised installer and/or appointed contractor to the Service Address and your Vehicle(s) for purposes of installation of the Equipment, and/or for purposes of configuration of the Service, Equipment and/or System. In the event that you request for any work to be performed in respect of the Service and/or Equipment at the Service Address/Vehicle (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/Vehicle, you represent and warrant that you have obtained the consent of the owner of the Service Address/Vehicle for our personnel, agents and/or subcontractors to enter the Service Address/Vehicle to perform such works.

Any data generated from the System and the format in which it is generated are strictly for the System reports purposes only and shall not be used by the Customer as source of data for the Customer’s in-house built system or any other third party system integration, or for any purpose which may be prejudicial to the interest of M1 or its affiliates, or for any other purposes, without M1’s prior written consent. M1 reserves the right at its sole discretion to alter the report and/or report format from time to time. M1 shall not be liable to the Customer or any other person for any damages, injury or loss in the event that any such alteration affects any unauthorized integration in any manner.

Unless we provide our written consent to the contrary, you acknowledge and agree that (a) the Service is provided for your own internal business use at and within the Service Address and Vehicle registered with M1 in respect of the Service 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, use the Service at another Service Address or Vehicle not registered with M1, or allow unauthorised person(s) to use the Service.

The Customer is responsible for the security of his account information, including without limitation passwords and/or encryption keys in relation to the Service. The Customer understands and agrees that M1 does not store any Customer's account passwords or encryption keys in its networks or servers, and accordingly M1 shall not be liable to recover any data due to misplaced or lost account passwords and/or encryption keys.

You acknowledge and agree, and shall ensure that each user of the System and/or Service under your Account(s) acknowledges and agrees, that:

M1 has the right, but not the obligation: (i) to create, compile, store and/or use aggregations and summaries of the data and information (including vehicle data) generated by or relating to the System or the Customer’s and/or its user(s)’ access to and use of the System and/or Service, and to disclose, transmit and/or report such aggregations and summaries to any third-party; and (ii) to use, publish or to disclose to any third party any and all technical reports, performance benchmarks, analyses, studies or white papers generated by or relating to the operation of the System or the Customer’s and/or its user(s)’ access to and use of the System and/or Service; in each case, on an aggregated and anonymised basis, and without any obligation or payment to you or other persons, to the fullest extent permitted by law. For the avoidance of doubt, you acknowledge and agree, and shall ensure that each user of the System and/or Service under your Account(s) acknowledges and agrees, that all such aggregations, summaries, technical reports, performance benchmarks, analyses, studies, white papers and such other similar data and information, are and shall become our exclusive property, to the fullest extent permitted by laws; and

any feedback, input, suggestions, recommendations, troubleshooting information or other similar information that you provide or which is made available to us are and shall become our exclusive property, and may be used and/or disclosed by us as we deem fit, without any obligation or payment to you or other persons, to the fullest extent permitted by laws.

You warrant to us that you have fully complied, and will at all times fully comply, with all applicable data protection laws and that you consent to, and have obtained the necessary prior consent of all users of the System and/or Service under your Account(s) for, the processing, collection, use, transmission and disclosure by M1 or any of its corporate parents, affiliates, subsidiaries, subcontractors, or any employees, officers or directors of the foregoing or any of our third party providers, of all data and information generated by or relating to the operation of the System or the Customer’s or such user(s)’ access to and use of the System and/or Service, or otherwise disclosed or provided to us through your Account(s), for the purposes contemplated by the Service and/or this Agreement and/or, where applicable, the M1 Data Protection Policy, or as otherwise permitted or required by applicable laws, and the Customer shall and agrees to indemnify M1 and all of its corporate parents, affiliates, subsidiaries, and all employees, officers and directors of the foregoing in respect of any fines, penalties, liabilities, claims, demands, losses and damages as a result of any breach of the foregoing warranty.

The Customer acknowledges and agrees that it is the Customer’s responsibility to back-up all data and ensure that all users back-up all data, whilst using the Service. M1 shall not be responsible for any loss of data under any circumstance whatsoever and howsoever arising.

The Customer acknowledges and agrees that it is solely and fully responsible for the use of the Service (including any SIM card(s), SMS and mobile data) under the Customer’s Account(s) (whether by himself or other users) and for any content which is disseminated or transmitted through the Customer’s Account(s). The Customer shall use the Service (including any SIM card(s), SMS and mobile data under the Customer’s Account(s)) for lawful purposes only in accordance with this Agreement and any other applicable laws and regulations.

If the Customer is issued any SIM card(s) as part of the Service, it shall be the Customer’s responsibility to pay for all charges incurred or made from such SIM card(s) as long as the Account is in the Customer’s name, even if such SIM card(s) is not within the Customer’s possession. In addition, without affecting the generality of the aforesaid:

you shall not tamper or copy or allow any person to tamper or copy the pre-programmed data or function of the SIM card(s);

for loss of your SIM card(s), you must report to us at our Customer Service Hotline at 1622 (or at such other number as M1 may inform or publish from time to time) within 24 hours;

you must report any fraud, suspected fraud, dishonest use or theft of your SIM card(s) to the police in Singapore or overseas (where applicable) and also to us at our Customer Service Hotline at 1622 (or at such other number as M1 may inform or publish from time to time) within 24 hours;

without prejudice to Clause 3.6(l) below, you shall continue to be liable for all charges of the lost/stolen or fraudulent use of your SIM card(s) unless otherwise agreed by M1;

if you recover your lost/stolen SIM card(s) after any Service suspension agreed by M1, we are able to reconnect our Service upon you paying all outstanding charges and a reconnection and/or reactivation fee; and

you acknowledge that, without prejudice to the generality of the other provisions herein, all applicable M1 Limited’s general and specific terms and conditions governing the use of SIM card(s), SMS and/or mobile data from time to time published at www.m1.com.sg shall apply mutatis mutandis to the use of the SIM card(s), SMS and mobile data under your Account(s), and shall be deemed incorporated by reference. In the event of any conflict or inconsistency, such conflict or inconsistency shall be resolved in a manner most favourable to M1, to the fullest extent permissible under applicable laws.

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 to the use of the Service by you and are deemed 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.

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 and the 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, to the fullest extent permissible under applicable laws, 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 or the Equipment, and M1 has not warranted, and does not warrant that the Service or the Equipment 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.

To the fullest extent permissible under applicable laws, we will not be liable for any delay or failure in performance or damage or loss 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 vehicle or the equipment or vehicle 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 Service, Account and/or Equipment.

You acknowledge and agree that the Service grants you access to monitor and review the activity with the Equipment at the Service Address/Vehicle that we have no obligation or ability to review, monitor or control the Service.

Neither M1 nor any of its corporate parents, affiliates, subsidiaries, subcontractors, nor any employees, officers or directors of the foregoing nor any Third Party Providers warrant that (a) the Service and/or the Equipment 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 and/or the Equipment are accurate, reliable or suitable for its users. You hereby acknowledge and agree that the use of the Service and the Equipment is at your sole risk, and that the use of the Service and/or Equipment 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.

To the fullest extent permissible under applicable laws, neither M1 nor any of its corporate parents, affiliates, subsidiaries, subcontractors nor any employees, officers or directors of the foregoing nor any Third Party Providers shall have any liability whatsoever howsoever arising in connection with the provision of the Service and/or Equipment and/or your use of the Service and/or Equipment or in respect of any loss of or corruption of data suffered arising from the use of the Service, the Account and/or the Equipment, howsoever caused.

For the avoidance of doubt, to the fullest extent permissible under applicable laws, the Customer acknowledges and agrees that M1 has no obligation to provide the Customer with any information or data collected or generated by or through the System for any purpose (for example, without limitation, to trace location of stolen cars), other than strictly for purposes of delivering the Service.

The Customer acknowledges and agrees that M1 may rely on third party service providers in providing the Service to the Customer, including but not limited to any hardware, software and user documentation or other material from such third parties ("Third Party Inputs"), and accordingly, acknowledges and agrees that to the fullest extent permissible under applicable laws, M1 shall not be liable for any claims, damages, expenses or losses arising from or in connection with the use, inability to use, defect or failure of the Third Party Inputs or with respect to other aspects of the Service.

The Customer further acknowledges and agrees 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 the Service 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 Service (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, to the fullest extent permissible under applicable laws.

SUSPENSION AND TERMINATION

In addition to the grounds for suspension and termination as set forth in any General Terms and Conditions or other terms and conditions incorporated herein, 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 network or the networks of other service providers or of your equipment or vehicle or the equipment or vehicle of any third party or epidemics caused by infectious diseases.

INDEMNIFICATION

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, fines, penalties, damages and expenses (including legal expenses) caused by or arising out of the use of your Account and/or the Service and/or the Equipment whether by you or other persons (including but not limited to any claim by any third party or any fines or penalties imposed by any government or regulatory authorities caused by or arising out of your acts or omissions), to the fullest extent permissible under applicable laws.

GOVERNING LAW AND JURISDICTION

This Agreement shall be governed by and construed in accordance with the laws of Singapore. You hereby submit to the exclusive jurisdiction of the Singapore courts for any disputes arising in connection with this Agreement.

MISCELLANEOUS

The terms and conditions of this Agreement and any other applicable terms and conditions referred to and incorporated by reference herein may be revised by M1 from time to time, with notice to the Customer in such manner as M1 deems appropriate, which may include publication of such revisions on M1’s website. The Customer shall be deemed to have accepted these terms and conditions and such other applicable terms and conditions as revised by M1, by the Customer's continued use of the Service.

No delay or failure by M1 to take any action or to enforce or exercise any of its rights under this 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 under this Agreement.

If any provision (or part thereof) of this Agreement or other terms and conditions applicable to you is held to be unenforceable, invalid or illegal for any reason, that affected clause or part (as the case may be) shall be severed from such terms and conditions, save and except that the remaining part(s) of such clause and the remaining clauses shall remain in full force and effect.

Headings used herein are for convenience only and shall not be considered in the interpretation or construction of this Agreement. Words importing the masculine gender shall include the feminine and neuter genders and vice versa.