THESE TERMS AND CONDITIONS (TERMS) SET OUT THE BASIS OF M1’S PROVISION OF THE FONECARE+ SERVICES TO YOU. PLEASE READ THESE TERMS CAREFULLY. M1 MAY MAKE CHANGES TO OR REVISE THESE TERMS AT ANY TIME WHICH WILL BE PUBLISHED AT WWW.M1.COM.SG. YOUR CONTINUED USE OF THE FONECARE+ SERVICES CONSTITUTES YOUR ACCEPTANCE TO BE BOUND BY THESE TERMS. PLEASE ENSURE THAT YOU CHECK BACK PERIODICALLY TO ENSURE THAT YOU ARE AWARE OF ANY SUCH CHANGES OR REVISIONS.

Service Summary and Program

The FoneCare+ services (Services) include:

the ability to request:

a Like Mobile Device in exchange for your Registered Device if your Registered Device is in your possession (a Swap) by paying a Swap Fee; or

a Like Mobile Device if your Registered Device is not in your possession (a Replacement) by paying a Replacement Fee;

access to the FoneCare Application and other features that can be accessed from the FoneCare Online Portal; and

the ability during the Upgrade Eligibility Period to return your Registered Device, which is Good Working Condition, to M1 to upgrade to another Eligible Device (an Upgrade),

(together the Program).

Plan

The Services are offered on a monthly basis (Plan).

The Services are supported by NEW Asurion Singapore Pte Ltd (CRN 201217148R), as a service provider of M1 (FoneCare+ Provider).

M1 has the discretion to not offer all or any part of the Services, Plan and/or the Program at all times.

Enrolment

Eligibility Criteria – In order to apply for enrolment for the Services for an Eligible Device you must:

be an individual subscriber to a M1 postpaid mobile plan (your Mobile Plan) together with a new Eligible Device;

not have an Ineligible ID.

Time of application – You must make your application at the time you purchase your Eligible Device and sign up for your Mobile Plan.

Rejection of enrolment

M1 reserves the right to reject your application for the Services. You will be informed of such rejection by SMS, telephone or email within 7 working days from the time of application. You agree that M1 may use the contact details which you provided to M1 for your Mobile Plan service for such purpose.

M1 has the right to reject your application if: (i) any of the Eligibility Criteria are not met; (ii) you have previously been rejected or terminated from the Services or service similar to the Services; or (iii) for any reason whatsoever or howsoever arising or no reason in its discretion.

3.4 Enrolment condition

You may enrol for the Services for multiple Eligible Devices (each with a separate Agreement, mobile phone number and Mobile Plan) but you must pay the appropriate Monthly Fee (as defined in clause 4.1) for each Eligible Device.

Your use of the FoneCare Application

This clause applies to you only if the FoneCare Application is supported by your Eligible Device’s operating system.

If you intend to use the FoneCare Application, you must download and install the FoneCare Application and accept the end user licensing agreement.

Fees

Monthly Fee

You will pay the applicable fee of $8.50 per month (Monthly Fee) via your M1 monthly bill for your Mobile Plan.

The Monthly Fee for the first month of your Subscription to your Program following the Acceptance Date and your last month of your Subscription to the Program following termination in accordance with clause 9 below will be prorated to the days of actual Subscription.

Service Request Fee – For each request for a Swap or Replacement permitted under these Terms (a Service Request) you will either pay:

the Swap Fee if the Registered Device is in your possession and you request a Swap; or

the Replacement Fee if the Registered Device is not in your possession and you request a Replacement.

The Service Request Fee is based on the tier set out in the table below applicable for your Registered Device (“Tier”):

Device
Retail Price
iPhones and iPads Other Devices
Less than $1,000* $1,000 to $1,500* $1,501 to $2,000* More than $2,000* Less than $600* $600 to $1,500* More than $1,500*
Swap Fee $160 $175 $260 $300 $75 $125 $240
Replacement Fee in the first six months~ $380 $575 $730 $890 $275 $425 $625
Replacement Fee after first six months~ $290 $375 $530 $690 $175 $275 $480

*Device RRP is the recommended SGD retail price of your Device (including GST) on the date the Device was launched with M1.

~Calculated from your Start Date.

Incorrect Device - In the event that the Device claimed to be the Registered Device for the purpose of a Swap is not the Registered Device, you must pay the Replacement Fee.

All fees and Device prices set out in clauses 4, 7 and 10 are inclusive of GST at the current rate of 7%. In the event of a change to the rate of GST, M1 reserves its right to adjust the fees and prices accordingly.

Service Request

Service Request – You may only make a Service Request by calling the FoneCare+ Call Centre managed by FoneCare+ Provider on behalf of M1.

Conditions – The FoneCare+ Call Centre will only accept Service Requests if:

the IMEI of the Registered Device, subscriber’s name, mobile phone number and NRIC under which the account is active are correct and correspond with the information you give at the time of enrolment in the Program;

your Subscription and your Mobile Plan remain active as at the time of the Service Request and your Registered Device was active on M1’s network before the time of the Service Request;

you provide any additional information, including any declarations or acknowledgements, as reasonably requested by us. FoneCare+ Provider have the sole discretion to reject any Service Request if the information provided by you is suspected or proven to be false, incomplete or of fraudulent nature, even after the Service Request has been accepted;

you do not have another Service Request pending or unfulfilled under any Agreement

we have no reasonable belief that you have transferred, retailed, sold, or hired your Registered Device to another person;

the Service Request is not for a Device Accessory;

the Registered Device has not been the subject of Modification;

all outstanding Monthly Fees under this Agreement and charges under the Mobile Plan are paid on its due date; and

we reasonably believe that you are not using the Service in a manner which is, or is reasonably believed to be, (i) fraudulent, illegal or related to any criminal activity, or (ii) intended to make a commercial gain.

The day on which the FoneCare+ Call Centre confirms to you that your Service Request is accepted is the Acceptance Date and the time your Service Request is accepted is the Acceptance Time.

Limits

You may make: (i) two Service Requests for a Swap; or (ii) one Service Request for a Replacement in any rolling 12 month period (your Limit). The rolling 12 month period starts from the date a given Swap or Replacement is delivered to you (Delivery Date).

To illustrate, if:

you have made one Swap then you may not make a Replacement for 12 months from the Delivery Date of the Swap;

you have made two Swaps then you may not make any Service Request (Swap or Replacement) for 12 months from the Delivery Date of the first of those Swaps; or

you have made a Replacement, then you may not make any Service Request (Swap or Replacement) for 12 months from the Delivery Date of the Replacement.

Upgrade – A request for an Upgrade will not count towards your Limit.

Information – When you make a Service Request, you are not required to establish that your Registered Device is broken, lost, stolen, damaged or that any analogous event has occurred. For a Replacement, you will need to contact M1 to arrange a replacement SIM card.

Like Mobile Device – At the time of the Service Request you will be informed of the Like Mobile Device to be provided to you as a Swap or a Replacement.

If you do not wish to accept the Like Mobile Device offered for any reason, in our discretion we may offer you the option to wait up to 30 days for a Device of identical specifications as the Registered Device to become available (Backorder).

You will be informed of the availability of the Like Mobile Device before or upon the expiry of the Backorder. Upon being contacted, you must:

accept the Like Mobile Device and then such Device will become your Registered Device; or

decline the Like Mobile Device and then your Service Request will be automatically cancelled and any Service Request Fee you have paid will be refunded to you.

Swap or Replacement

Preparation – You must turn off any personal lock security feature (for example, Find MyiPhone) before you provide the Registered Device to the Courier.

Title and rights – Title in and any rights to the Registered Device transfer to M1, and then immediately to FoneCare+ Provider, on the Acceptance Date of your Service Request relating to that Registered Device. You hereby assign to M1 all associated rights and benefits of any OEM’s warranty.

Actions – As the owner of the previous Registered Device, M1 or FoneCare+ Provider (as the case may be) may: (i) register the IMEI of the device with the Singapore Police Force and any other relevant local authorities; and (ii) take any other action consistent with ownership of the previous Registered Device that it deems necessary including informing the Singapore Police Force and any other relevant local authorities to assist in recovery of the previous Registered Device.

Data left on Device and Transfer – Where possible, you are advised to delete all of your data from the Registered Device before the Delivery Time. M1 and FoneCare+ Provider are not responsible for data you left on the Registered Device and will not transfer any such data or information between the Registered Device and the Like Mobile Device. Such data left on the Registered Device or transfer of any data or information off the Registered Device, if done by M1 or FoneCare+ Provider, will be done entirely at your own risk. In the event there is any inconvenience, delay, loss, misappropriation of or damage to any data or information, you agree not to hold M1 or FoneCare+ Provider responsible or liable for any such damage to you.

Service Request Fee – The Service Request Fee will be payable to FoneCare+ Provider by Credit Card over the phone at the time of your Service Request.

No Representation or WarrantyM1 makes no representation or warranty that any Like Mobile Device will be identical, of the same colour or offer the same functionalities as your Registered Device.

Delivery

Address – The delivery must be to your registered or billing address associated with your M1 account on: (i) the main island of Singapore; (ii) Sentosa; or (iii) Jurong Island and the outlying islands of Singapore. The Like Mobile Device will not be delivered to a post office box, MRT station, shopping centre, car park or any other public place. Where a delivery is to Jurong Island or the outlying islands of Singapore, you will be responsible for obtaining all necessary security clearances for the delivery. International delivery may be possible, call FoneCare+ Call Centre for further details about delivery timings and charges.

Timings – The delivery of a Like Mobile Device will be via Courier on Monday to Saturday, excluding Sunday and public holidays (Delivery Days). Delivery times for the main island of Singapore and Sentosa will be as per the times set out in the table below subject to any extensions as may be required for (i) Force Majeure events; (ii) where the Courier delays such delivery; or (iii) where it is deemed necessary to perform additional verifications relating to your Service Request. The FoneCare+ Call Centre will advise you on the time frame for deliveries to Jurong Island and the outlying islands of Singapore.

Acceptance Time of a Service Request Delivery Time*#
Monday to Friday, 8am to 2pm Within 4 hours of the Acceptance Time
Monday to Friday, between 2pm and midnight The next day before 12:00 noon
Monday to Saturday, midnight to 8am The same day before 12:00 noon
Saturday 8am to 2pm Within 4 hours of the Acceptance Time
Saturday after 2pm to Sunday 10am by 6pm on Sunday**
Sunday after 10am to Monday 8am Monday before 12:00 noon
* For delivery times that fall on a public holiday, the delivery will occur on the next day that is not a public holiday.
# If you elect the option of a Backorder, then the delivery times set out above will not apply to your Service Request.
**Additional $85.60 (inclusive of GST) charge applies for all deliveries made on a Sunday.

Costs – Deliveries to an address in Singapore will be made at no charge to you except that any deliveries: (i) after two failed attempts on a Delivery Day; or (ii) scheduled for Sunday or a public holiday (if such option is made available to you), will be subject to a surcharge to be paid by you in advance by Credit Card.

The Like Mobile Device will not be delivered in original packaging.

Delivery formalities – In order to complete the Service Request, the Courier delivering the Like Mobile Device:

will ask for and verify the same NRIC you provided when enrolling for your Program;

in the case of a Swap:

will verify that the Device you are presenting is the same as the Registered Device (by comparing the make, model and IMEI of the Registered Device against that of the Device you present) and collect the Registered Device from you (the Original Registered Device); and

may inspect the Registered Device to see if there is any Modification; and

will deliver the Like Mobile Device (the Delivered Device) to you alone (and no proxy will be accepted).

The Delivery Time will be the time the Delivered Device comes into your possession.

As of the Delivery Time, you acknowledge that:

the Delivered Device becomes your Registered Device;

the Delivered Device is sufficient consideration for you to transfer ownership of the previous Registered Device and you have relinquished all rights in the previous Registered Device; and

if a Swap, the Original Registered Device will not be returned to you.

Incorrect Device – In the case of a Swap (i) if the make, model or IMEI of the Device you present does not correspond to that of the Registered Device, then the Service Request will not be completed; or (ii) if M1 discovers that the Device received via the Courier was not the Registered Device at the time the Service Request was completed, then you must provide to us the correct Registered Device within 7 days of the Delivery Time at your own cost and if you fail to do, the Swap will be treated as a Replacement and you will be charged the Additional Fee.

Failure to disable locking – In the case of a Swap, if we discover that you did not turn off the personal lock security feature on the Original Registered Device received via the Courier, the Swap will be treated as a Replacement and you will be charged the Additional Fee.

Modified Devices – In the case of a Swap, if we discover that the Original Registered Device received via the Courier has been subject to Modification, then we may at our discretion:

reject the Service Request at the time the Registered Device is tendered to the Courier and your Service Request will be considered cancelled. Any Swap Fee paid will be refunded to you;

where received via the Courier, the Swap will be treated as a Replacement and you will be charged the Additional Fee; or

where received via the Courier, the Registered Device tendered to the Courier will be returned to you at your cost. You must also return the Device provided as a Swap. Your Service Request will be considered cancelled. Any Swap Fee paid will be refunded to you upon your return of the Device provided as a Swap.

Warranty – You are entitled to a 6 month warranty for each Like Mobile Device against (i) manufacturer malfunctions; and (ii) manufacturer defects, that starts from the Delivery Time of the Like Mobile Device. You may make a warranty claim for a Like Mobile Device by calling the FoneCare+ Call Centre (Warranty Request). A Warranty Request will be handled in the same way as a Service Request except that a Warranty Request will not count towards your Limit and the Service Request Fee will not be payable.

Acknowledgement

At any time prior to the Delivery Time, you may be required to sign an acknowledgment or declaration form when you make a Service Request.

You acknowledge that:

any Device provided to you as a result of a Service Request is intended to be used by you on the Mobile Plan associated with the Agreement and not to be sold, transferred, displayed for sale or hired nor are the Services intended to be used for commercial gain;

in the case of a Swap, all data on the Original Registered Device will be deleted without further reference to you;

in the case of a Replacement, the previous Registered Device is not in your possession and M1 or its assignee (if any) including FoneCare Provider is entitled to register the IMEI of the previous Registered Device with the Singapore Police Force and to take any action that it deems necessary to recover the previous Registered Device;

where your Registered Device is replaced under a warranty claim directly with the OEM, that you have the responsibility of contacting the FoneCare+ Call Centre to inform of the replacement IMEI number and to provide proof of the replacement of the Registered Device; and

in the case of a Swap or Replacement, title in the previous Registered Device is transferred to M1 or FoneCare+ Provider in accordance with clause 6.2.

FoneCare Application details

If you intend to use the FoneCare Application, you must accept the FoneCare Application Terms of Service.

Applicability – If the FoneCare Application is supported by your Registered Device’s operating system, then this clause applies to you.

Access – The FoneCare Application service is provided through an application that you must download and activate onto your Registered Device (the FoneCare Application).

Activation – To activate the FoneCare Application you must (i) install it (where not preloaded onto your Registered Device); (ii) run it; (iii) accept the terms and conditions of the licensing agreement that will appear on the screen; and (iv) set up your account.

FunctionsFoneCare Application includes the following functions (the FoneCare Application Functions):

Type Function Description
Backup Service User Generated Data backup (contacts, photos and videos) Photos and videos up to 5GB
Cross platform data transfer and sync To allow transfer of User Generated Data between Devices via the FoneCare Online Portal
Device Security (all functions can be initiated via the FoneCare Online Portal or requested by contacting the FoneCare+ Call Centre) Lock To remotely activate a lock on the Registered Device.
Alarm To remotely activate an audible alarm on the Registered Device.
Erase To remotely erase User Generated Data from the Registered Device.
Locate To remotely locate the Registered Device on a map.
Content Management Antivirus Software to scan, detect and manage virus.
Usability Personalised dashboard Remote functions and complementary functions to the above may be carried out via the FoneCare Online Portal.

Technical Specifics

The FoneCare Application is not compatible with all Device models or operating systems. As such, some of the FoneCare Application Functions may be altered, limited or disabled on certain Device models or operating systems. The FoneCare Application may function differently on different Devices and/or operating systems.

The FoneCare Application Functions may require additional battery life.

You may be required to pay additional data usage or data roaming charges when using the FoneCare Application Functions.

For the FoneCare Application Functions to work, your Registered Device must:

be powered on (if it is powered off, some FoneCare Application Functions will work when it is subsequently powered on);

have an M1 SIM card; and

be within the M1 network coverage area or in a roaming network with data roaming enabled (or, for data security functions, be connected to the internet via wifi).

Limitations

The FoneCare Application Functions may be disabled or uninstalled by other applications, software, devices or hacking or even prior installed software on your Registered Device, which may impact their functioning.

The FoneCare Application Functions may not work in combination with any software or applications supplied or provided by a third party.

The FoneCare Application Functions may be modified at any time. If this may affect your ability to retrieve your User Generated Data, you will be given at least 30 days’ prior notice, after which you may not be able to access or sync your User Generated Data via the FoneCare Application Functions.

You may make a request for assistance for the FoneCare Application (Support Request): (i) by calling FoneCare+ Call Centre; or (ii) on the FoneCare Online Portal.

Conditions of Support Request – Your Support Requests will be accepted if the IMEI of the Registered Device, subscriber’s name, mobile phone number and NRIC under which the account is active are correct and correspond with the information given by you upon sign-up; and (ii) all outstanding Monthly Fees under this Agreement and charges under the Mobile Plan are paid by its due date.

Term, Termination and Suspension

Duration – Your Subscription commences from the Start Date and continues until:

you terminate your Program by contacting the M1 Customer Service Hotline; or

otherwise terminated in accordance with this clause 9.

Termination by M1M1 may immediately terminate your Program and the Agreement at any time if M1 reasonably believes that:

you are using the Services (whether intentionally or not) in a way that may adversely impact the reputation of M1;

you are using the Services in a manner which is, or is reasonably believed to be, (i) fraudulent, illegal or related to any criminal activity or (ii) intended to make a commercial gain;

you have breached or abused these Terms or engaged in cheating;

you are or may become bankrupt or unable to pay your debts as they fall due;

you have provided M1 with incorrect, false or incomplete, information;

you have failed to provide any additional information that M1, or FoneCare+ Provider may request (including identity information, acknowledgment, declaration or a statutory declaration);

you have ported your mobile number from M1 or your Mobile Plan has been terminated;

you are likely to create imminent harm or harass or are abusive to any personnel of M1 or FoneCare+ Provider, its service providers, sub-contractors and agents; or

for any other or no reason at M1’s discretion.

Automatic – Your Program and the Agreement will terminate immediately if:

your Mobile Plan is terminated by you or by M1;

you transfer, retail, sell, display for sale or hire your Registered Device or Mobile Plan to another person; or

you migrate the Registered Device to a prepaid Mobile Plan;

Consequences of termination

No reactivation – If the Services have been terminated for a Registered Device, the Services cannot be reactivated for the same previously registered Device.

Prohibition – With respect to a NRIC, if you have been previously rejected or terminated from the Services, or service similar to the Services where Asurion is the service provider, you will not be eligible to apply for the Services.

Service Requests – If you have made a Service Request which is not fulfilled as at the time of the termination, the Service Request may be cancelled and any Swap or Replacement Fee paid refunded to you.

Suspension of your Mobile Plan – In the event that (a) you voluntarily suspend your Mobile Plan for a limited time, or (b) M1 suspends your Mobile Plan for whatever reason; this Agreement and your eligibility to receive the Services and corresponding Monthly Fees will be suspended in relation to a Registered Device, for the period during which your Mobile Plan is suspended.

Communication of terminationM1 may communicate termination of your Subscription by telephone call, letter or SMS.

Change of registered device and Upgrades

Your Registered Device may not change except for:

the change made following a Swap or a Replacement or an Upgrade; or

the exchange of your Registered Device under an OEM’s warranty scheme for a new Device which is identical to the make and model of your Registered Device. You must inform the FoneCare+ Call Centre of such change and provide proof of the exchange where necessary in order for us to update our records with the IMEI of such new device, from which time the new Device will become the Registered Device.

Upgrades

You are under no obligation to use the Upgrade Service. To make a request for an Upgrade (Upgrade Request) you must:

go to a Retail Store to submit your Registered Device for an inspection to determine if the Registered Device is in Good Working Condition;

if your Registered Device is not an iPhone, pay a reduced Early Re-contract Fee of $100.00 to M1 at the Retail Store at the Upgrade Time (as defined in clause 10.2.4) (if your Registered Device is an iPhone, your Early Re-contract Fee is waived);

enter into a new Mobile Plan for a minimum subscription period of 24 months; and

enter into a new Agreement for the Eligible Device received from M1 pursuant to the Upgrade Request with an NRIC not being an Ineligible ID.

Eligibility – You may only request an Upgrade Request if:

the Registered Device is, at the time the Registered Device is purchased, included in the upgrade eligibility list at www.m1.com.sg/fonecare;

the date of the Upgrade Request is within the Upgrade Eligibility Period;

the Device is in Good Working Condition which includes all of the following:

  • can turn on and off using Device battery power;
  • includes a fully functioning battery;
  • has had a factory reset performed and all of your confidential data removed;
  • has had the SIM card and any removable storage media removed;
  • functions normally, including: (i) is capable of making and receiving calls; (ii) can connect to the internet; (iii) can be charged fully; and (iv) has a touchscreen that is working properly;
  • is free from physical damage (except normal wear and tear), including: (i) no cosmetic defects such as chips, dents or deep scratches; (ii) no liquid damage or corrosion; (iii) a screen and casing that is not cracked or discoloured; (iv) connectors that are not damaged; and (v) a SIM reader that is not faulty or broken;
  • has all activation and device locking features such as Find My iPhone or other such features disabled;
  • is not the subject of Modification; and
  • is not registered on the Singapore Police Force lost or stolen property databases.

you have paid all Monthly Fees due under this Agreement and charges under the Mobile Plan;

your Subscription and your Mobile Plan remain active as at the time of the Service Request and your Registered Device was active on M1’s network before the time of the Upgrade Request; and

you have been issued an upgrade voucher by M1.

M1’s discretion – You acknowledge that the determination of whether the Registered Device is in Good Working Condition is in M1’s sole discretion at: (i) the Upgrade Time; and (ii) upon any further inspection that M1 reasonably performs after the Upgrade Request.

The day on which M1 confirms to you that your Upgrade Request is accepted is the Upgrade Date and the time your Upgrade Request is accepted is the Upgrade Time.

Registered Device - Upon the new Device being provided to you pursuant to an Upgrade, that new Device will become the Registered Device and the Device you tendered at the Retail Store is the Returned Device.

Title and rights – Title in and any rights to the Returned Device transfer to M1, and then immediately to FoneCare+ Provider, on the Upgrade Date. You hereby assign to M1 all associated rights and benefits of any OEM’s warranty.

Conditions

The Device tendered at the Retail Store must be the Registered Device.

If upon further inspection by M1 reveals that the Returned Device: (i) does not meet the requirement of being in Good Working Condition; or (ii) is not the original Registered Device, you will pay the Early Re-contract Fee.

You acknowledge that M1 is not responsible for any data or information left on the Returned Device. In the event there is any inconvenience, delay, loss, misappropriation of or damage to any data or information on the Returned Device, you agree not to hold M1 or FoneCare+ Provider responsible or liable for any such damage to you.

Mismatched device – If: (i) the Returned Device is not the Registered Device; or (ii) M1 finds evidence that you did not have title to the Returned Device at the Upgrade Time, M1 may ask you to provide an explanation. If you cannot provide sufficient explanation, the Returned Device will be dealt with in accordance with the law, and it may be returned to you or sent to the relevant authority. In addition, M1 may require you to pay the Early Re-contract Fee.

If your Registered Device has been previously registered with FoneCare+ for any plan not being the Plan that Device will not be eligible for an Upgrade.

Refunds - You will not be entitled to a refund of any Monthly Fees if you do not use the Upgrade or if M1 terminates the Service of providing an Upgrade as part of the Program for any reason at any time.

Data privacy

You confirm that you have read, understood and give consent to the M1 Data Protection Policy which may be found at www.m1.com.sg/dataprotection (DP Policy) which apply to the Services.

You also agree that by executing the Application or applying to enrol for, or continuing to use, the Services, you are:

giving consent to M1 and its service provider (and data intermediary, for the purposes of the Personal Data Protection Act 2012 of Singapore as may be amended from time to time (PDPA)) FoneCare+ Provider that the information collected from you (“Personal Information”) will be used and/or disclosed (a) in accordance with the DP Policy, (b) for the purposes of (i) assessing your eligibility to enrol, and continue to be enrolled, for the Program or use the Services; (ii) providing you with the Services; (iii) allowing direct and indirect contact with you in connection with the Services and (iv) managing commercial risks, and preventing, detecting, and investigating suspected illegal activity, fraud, or disputes (collectively the Purposes) or (c) to any relevant governmental and/or regulatory authorities where legally required; and

giving M1 the right to give FoneCare+ Provider the right to copy, modify and adapt your Personal Information in an aggregated, non-personally identifiable and anonymised manner as FoneCare+ Provider sees fit; and

as a prerequisite to enrolling and using these Services, consenting to FoneCare+ Provider storing or hosting data with FoneCare+ Provider’s affiliates and service providers in Singapore or other countries, for the Purposes. The recipients of this data are bound by local laws, legally enforceable agreements or legally binding corporate rules which provide a standard of protection that is at least comparable to the protection under the PDPA.

Miscellaneous

Subject to change, withdrawal, termination and suspension – The Services, these Terms and the fees are subject to change (and in the case of Services, withdrawal), termination, or suspension at any time, in accordance with applicable laws, regulations including guidelines, directions or codes of practice issued by relevant regulatory authorities. M1 will notify you of the changes through the Website and if you continue your Subscription to the Services after such changes are notified, you will be deemed to have agreed to those changes.

Force Majeure – The Services in general and completion of Service Requests in particular are subject to events beyond M1’s reasonable control. If such events occur, the Services and any pending Service Requests may be suspended by M1 until future notice.

Agents and third partiesM1 may mandate a third party to provide the Services and collect any Service Request Fee on its behalf, but in any case your sole recourse will be against M1 and not such third party.

Extension – To the extent that M1 wishes to offer you an extension to the Plan, separate terms and conditions shall apply to that extension.

Exclusions – Apart from these Terms, M1 expressly and to the fullest extent permitted by law disclaim all warranties of any kind, whether (i) express; (ii) implied; or (iii) statutory, including, but not limited to the implied warranties of merchantability and fitness for a particular purpose. M1 will, to the fullest extent permitted by law, not be responsible for any loss or damage caused to you because of the actions of any employee or any person or representative of M1 who acts beyond their authority. M1 shall, to the fullest extent permitted by law, not be liable for any direct or indirect loss or damage caused to you in respect of any matter howsoever arising in connection with the provision or your use of the Services.

Indemnity – You agree to defend, indemnify and hold faultless M1, its associates, service providers (including FoneCare+ Provider), subcontractors and their directors, officers, successors and assigns, from and against any and all liabilities, damages, losses, costs and expenses caused by or arising out of your use of the Services.

Limitation on liability – Without prejudice to the generality of the preceding statements, under no circumstances will M1 or its service providers, including FoneCare+ Provider, its affiliates or sub-contractors, be liable for any indirect, incidental, consequential, special or exemplary damages arising out of or in connection with the provision or your use of the Services. M1 and its sub-contractors aggregate liability to you (whether based in contract, negligence, strict liability, statute or other theory of liability) will not exceed: (i) three times the value of your Monthly Fee; or (ii) SGD 1000, whichever is the lesser. Any and each of the M1 sub-contractors shall be entitled to the benefit of and to enforce this paragraph.

Severability – If any provision or wording of the Agreement is found to be invalid or unenforceable, the remainder of the Agreement, or the application of such provision to persons other than those to whom it is held invalid or unenforceable, will not be affected and the Agreement will be construed to omit such invalid or unenforceable provision.

Governing law – The Agreement will be governed by and construed in accordance with the laws of Singapore, without regard to conflicts of law provisions.

Entire agreement – The M1 General Terms & Conditions available at www.m1.com.sg (General Terms) apply and are deemed incorporated herein. In the event of inconsistency between these Terms and the General Terms, these Terms prevail.

M1 may from time to time offer promotions relating to all or any of the Services. Any such promotions shall be governed by the terms and conditions attached thereto by M1, and by these Terms to the extent that the promotion’s terms and conditions are silent. In the event of any conflicts between a promotion’s terms and conditions and these Terms, the promotion’s terms and conditions shall prevail.

FoneCare+ Call Centre

To make a Service Request, Support Request or if you have any queries, complaints or feedback regarding the Services (including the FoneCare Application), please call FoneCare+ Call Centre at 800 852 3098 (within Singapore, charges apply) or +65 6822 2253 (International, charges apply).

Definitions

Additional Fee means an amount equivalent to the difference between the Swap Fee and the applicable Replacement Fee for a Device.

Agreement means these Terms which set out the agreement between you and M1.

Courier means a person appointed to deliver Like Mobile Devices in accordance with the Services.

Credit Card includes: (i) VISA, MasterCard and American Express credit cards; and (ii) VISA and MasterCard debit cards.

Device means a mobile wireless device that (i) has a display screen; (ii) supports one or more wireless network connectivity options; and (iii) that is operated using voice, touch or a miniature keyboard. It does not include any Device Accessories.

Device Accessory means anything that is either: (i) provided by the original manufacturer in the box with a Device; or (ii) sold separately to be used in conjunction with a Device. It includes (i) batteries; (ii) SIM cards; (iii) memory cards; (iv) chargers; (v) ear buds; (vi) boxes; (vii) cases; (viii) cables; (ix) mounts; and (x) docking stations.

Early Re-contract Fee means the prevailing early termination fee applicable to your Mobile Plan as advised by M1.

Eligible Device means a Device either being supplied to you: (i) as new by M1 and registered at the time of by purchase your Mobile Plan; or (ii) by the OEM under warranty to replace a defective Device and the related IMEI details have been recorded by you with the FoneCare+ Call Centre or through the FoneCare Online Portal to our satisfaction.

FoneCare Online Portal means a website dedicated to the Services, through which you can access certain Services, information and assistance.

Ineligible ID means a valid identification document for which the Services or services similar to the Services have previously been provided to and for which M1 has exercised its right to terminate the Services with respect to.

Hardware Modification means any modification made to a Device’s hardware not undertaken or authorised by the OEM.

Like Mobile Device means a Device, compared to the Registered Device, that:

may be new or refurbished;

is of similar kind, quality and functionality;

if it is refurbished, it may contain original or non-original manufacturer parts;

has same or greater memory;

may be a different make, model or colour;

has a different IMEI;

does not include any Device Accessories.

A reference to “Like-for-Like” mobile device in any marketing material is a reference to a Like Mobile Device.

M1 (or we) means M1 Limited (Reg. No. 199206031W).

Modification means Software Modification or Hardware Modification or both.

NRIC means a valid identification document issued or accepted for verification of identity in Singapore.

OEM means original equipment manufacturer of the Device.

Registered Device means an Eligible Device that M1 has registered with reference to its IMEI for one or more of the Services in accordance with these Terms.

Retail Store means any retail store in Singapore owned or approved by M1 to sell M1 services.

Services means: (i) Device Swap and Replace; and (ii) FoneCare Application, and each is a Service.

Software Modification means any modification made to a Device’s operating system not undertaken or authorised by the OEM and includes software modification known as ‘jail-breaking’ and ‘rooting’.

Start Date means the date upon which you enrol for the Services.

Subscription means your subscription to the Service.

Upgrade Eligibility Period means the period that: (i) starts on the day that is at the start of the 12th month after your Start Date; and (ii) ends on the day that is at the end of the 17th month after your Start Date. To illustrate, if the Start Date was 15 January 2017, the Upgrade Eligibility Period is from 15 December 2017 to 14 June 2018, both dates inclusive.

Website means the M1 website.