PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING AND/OR USING THIS WEB PORTAL OR ANY CONTENT OR SERVICES THEREIN, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS IN ADDITION TO ANY OTHER TERMS AND CONDITIONS AS MAY BE APPLICABLE TO YOU. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DISCONTINUE YOUR ACCESS AND USE OF THIS WEB PORTAL OR ANY CONTENT OR SERVICES THEREIN. ALL CONTENT OR SERVICES AVAILABLE ON THIS WEB PORTAL IS STRICTLY FOR PERSONAL AND INDIVIDUAL USE ONLY, AND MAY NOT BE USED FOR COMMERCIAL OR OTHER PURPOSES WITHOUT THE PRIOR WRITTEN CONSENT OF M1. M1 MAY MAKE CHANGES TO OR REVISE THESE TERMS AND CONDITIONS AT ANY TIME WHICH WILL BE PUBLISHED ON THIS WEB PORTAL. BY ACCESSING AND/OR USING THIS WEB PORTAL OR ANY CONTENT OR SERVICES THEREIN, YOU AGREE TO BE BOUND BY ANY SUCH CHANGES OR REVISIONS. PLEASE ENSURE THAT YOU CHECK BACK PERIODICALLY TO ENSURE THAT YOU ARE AWARE OF ANY SUCH CHANGES OR REVISIONS.
In these Portal Terms, the following terms and expressions shall have the following meanings:
“Account” refers to the Customer’s prepaid M Card account which the Customer uses to access the Portal and Contents and Services;
"Agreement" refers to these Portal Terms;
"Content" refers to any and all material available on this Portal including without limitation M1's logos and all other trademarks, logos, trade names and service marks, and any advertisements or promotional material;
"Customer", "you" or "your" refers to any person that accesses and/or uses this Portal or any Content and/or Services which are available on or via this Portal;
"Portal" refers to this internet website;
“Portal Terms” refer to the terms and conditions as set out hereunder;
"Services" refers to all services provided by M1 via this Portal;
Any and all references to "we", "us", "our" or "M1" shall refer to the relevant M1 entity that is providing the Services to you (including its successors and assigns).
The headings used in these Portal Terms are for convenient reference only and do not affect interpretation.
Words indicating the singular include the plural and vice versa, and words indicating a gender include every gender, unless the context otherwise requires.
No adverse inference shall be drawn against the party responsible for the preparation of these Portal Terms.
USE OF THE PORTAL
This Agreement governs your access and use of the Portal.
Unless otherwise stated, all Content and Services offered on the Portal are provided within Singapore only.
All Content and Services (including without limitation any purchases made by you on the Portal) offered on or via the Portal are subject to compliance with these Portal Terms, M1's General Terms and Conditions and applicable service specific terms and conditions and policies as stated on www.m1.com.sg, subscription eligibility rules and registration guidelines, and the terms of any end user contract, as may be required by M1. In the event of any conflict or inconsistency between any of these terms, such conflict or inconsistency shall be resolved in a manner most favourable to M1, as determined by M1 at its sole and absolute discretion.
Without prejudice to the generality of these Portal Terms, M1 may at its sole and absolute discretion, modify, remove suspend or disable the Portal, or discontinue, withdraw or suspend any Content and/or Services without notice or liability to you.
M1 may at its sole and absolute discretion, at any time with or without notice to you, temporarily suspend the Portal for operational reasons, including without limitation repair, modification, maintenance, upgrade or improvement of the Portal, without liability to you.
ACCESS AND SECURITY
In accessing and/or using the Portal, you will be required to provide your active M Card number. You shall provide us with accurate, complete and updated information as may be required.
You are responsible for all activities and transactions that occur under your Account. You are also responsible for the security of your Account. You must take all appropriate measures to ensure the security and confidentiality of your Account details. In the event of any compromise in the security of your Account details, you must inform us immediately. Until such notification is received and confirmed by us and access is disabled at your request, you shall be responsible for all consequences arising from any unauthorized or fraudulent use of the Portal through your Account.
M1 shall not be responsible for maintaining records of your activities and transactions carried out via the Portal or providing you with information about your activities and transactions while using the Portal. Without prejudice to the foregoing, in the absence of fraud or manifest error, all our records relating to your account are conclusive evidence of the accuracy, completeness and truth of all matters stated therein. Our decision on all matters relating to the activities and transactions carried out under your Account will be final and conclusive.
Transaction information stored and reflected on the Portal are specific to your activities and transactions carried out via the Portal only. Information relating to activities and transactions carried out in relation to your prepaid M Card and/or your Account without use of the Portal will not be reflected on the Portal.
M1 reserves the right to refuse access to the Portal and M1 will notify you in the event of such refusal.
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.
Where applicable, the Content and Services provided on the Site are subject to prices stated by M1 and to the fullest extent permissible at law; no requests for refunds will be entertained once a purchase transaction has been completed or approved by M1. All prices are inclusive of applicable GST, unless otherwise stated. You agree to make payment in the manner required of all and any charges that may be notified to you by M1 on the Portal or otherwise. Any disputes raised by you in relation to billing or payment shall be treated in accordance with M1’s General Terms and Conditions.
With respect to all promotions in respect of Services offering gifts or premiums, all gifts and premiums are only available while stocks last. M1 reserves the right to substitute any gifts or premiums with another item of similar value subject to availability of stocks. For the avoidance of doubt, to the fullest extent permissible by law, M1 makes no warranties express or implied as to the gift or premium and will not be responsible for the accuracy of any descriptions or specifications, or for any defects or failures thereto, whatsoever and howsoever arising.
For the avoidance of doubt, all pricing and availability of Content and/or Services on the Portal are subject to change and M1 does not guarantee that such information will be error-free, complete, accurate or reliable. M1 reserves the right to reject or cancel any orders resulting from such errors or inaccuracy, without liability to you.
PRIVACY, COOKIES AND OTHER TECHNOLOGIES
In accessing and/or using this Portal, you may be required to provide your personal data to us. Such personal data includes, without limitation your name, mailing address, phone number, email address and any other information that may identify you. You shall provide us with accurate, complete and updated personal data as may be required. You consent to our collection, use and disclosure of such personal data for the following purposes:
- The provision of Services to you;
- Any other reasonable purpose in connection to, or ancillary to the provision of Services; and
- Such other purposes for which we have your consent.
- Information about the type of browser you use;
- Details of the web pages you have viewed;
- Your IP address;
- The hyperlinks you have clicked;
- The websites you have visited before arriving at the Portal; and
- Account information created and/or used for accessing the Portal, where applicable.
Your personal data is collected for the following purposes and you consent to our collection, use and disclosure of your personal data for the following purposes:
- To improve the Portal to serve you better;
- For service/demographics profiling;
- For trend and marketing analysis; and
- Such other purposes for which we have your consent.
Most internet browsers are initially set up to accept cookies. You can change the settings to block cookies or to alert you when cookies are being sent to your device. If you disable the cookies your experience on the Portal may be impacted.
We also use Google Analytics in order to enhance user experience of the Portal. You can find out more about Google's position on privacy with regards to the Google Analytics service at http://www.google.com/analytics/learn/privacy.html
We treat your personal data in accordance with applicable laws.
HYPERLINKS AND THIRD PARTY WEBSITES
The Portal may include hyperlinks to websites which are owned or operated by third parties. Such third party websites are not under our control. M1 cannot accept responsibility for the contents of or the consequences of accessing any such third party websites or any link contained in such websites. Hyperlinks are provided only as a form of convenience and hyperlinks which are found on the Portal shall not be construed as an endorsement or verification of such third party websites or the contents found therein by M1. You agree that your access to and/or use of such third party websites is at your sole risk and subject to any terms and conditions of access and/or use of such third party websites as may be applicable.
CONDUCT AND ACCEPTABLE USE
You shall use the Portal for lawful purposes only in accordance with these Portal Terms and in compliance with all applicable laws and regulations. Without prejudice to the generality of the aforesaid, you may not resell, distribute, provide, sublicense or offer in any way whatsoever, any Services to any third party whether for profit or not, without M1's approval in writing.
You are responsible for any content which you post or transmit on or via the Portal.
You agree that caching, hyperlinking to, and framing of the Portal or any Content are strictly prohibited. You shall not, in respect of your use of this Portal and/or the Services, submit, upload, transmit, post, distribute, or link any material that:
- is inappropriate, profane, defamatory, abusive, threatening, obscene, indecent, infringing or unlawful in any jurisdiction;
- contains any advertising and/or promotional messages;
- contains viruses, Trojan horses, worms, time bombs, cancelbots or any other harmful, disruptive or deleterious programs; and/or
- is protected by intellectual property rights, proprietary rights, privacy rights, publicity rights or any other applicable law unless you have received all requisite consents.
You shall not use or allow the Portal or any Content and/or Services (whether wholly or in part) to be used in the following ways:
- to make or attempt to make any illegal or unauthorized access to any part or component to the Portal or any Content and/or Services; M1's network or any third party equipment, accounts, systems or networks which you may be able to access or connect to via the Portal whether directly or indirectly; to carry out any activity which may be used as a precursor to an attempted system penetration (i.e. port, stealth, security or penetration scans or other information gathering activity) on M1 or M1's service providers' servers or networks;
- to disrupt or undermine the security of the various networks and systems that are connected to the Portal or any Content and/or Services, or violate the regulations, policies or procedures of such networks. This can include any failure to update software used on your account or website that is known to be vulnerable to malicious activity or exploitation;
- to engage in any activity which would or is likely to generate network traffic in excess of reasonable and normal usage, cause network congestion or affect other users' enjoyment and/or use of the Portal any Content and/or Services;
- to cause any disruption, interference, interruption or degradation to the Portal and any Content and/or Services, or to the various networks and systems that are connected to the Portal or any Content and/or Services including M1's network; and/or
- to engage in any activity, whether lawful or unlawful, that M1 determines at its sole and absolute discretion, to be harmful to M1's operations, reputation, goodwill, customers or customer relations.
You acknowledge and agree that M1 has the right (but not the obligation) in its sole and absolute discretion to monitor all transmissions and (a) to disable any links to, or frames of any Portal containing inappropriate, profane, defamatory, abusive, threatening, obscene, indecent infringing or unlawful topics, names, material or information, or any material or information that violates any written law, any applicable intellectual property, proprietary, privacy or publicity rights; (b) remove and any all content on or via the Portal which is in violation of these Portal Terms or is otherwise objectionable.
INTELLECTUAL PROPERTY RIGHTS
“M1" and the names of all M1 products and Services on the Portal are either trademarks and/or service marks of M1. Other product and company names mentioned the Portal may be trademarks and/or service marks of their respective owners.
The copyright, trademark, patent or other intellectual property rights in the contents of the Portal (including, without limitation, all designs, logos, M1's names, text, sound recordings, music, images, graphics, video and links) are owned by M1 and the respective third party entities as identified on the Portal. No licence or right is granted and your use of the Portal and/or the Services therein shall not constitute any licence or right of use. As such, you shall not reproduce, transmit, republish, upload, post, broadcast, adapt, distribute, display, license and/or alter in whole or in part any of the foregoing in any manner without the prior written consent of M1.
You agree to indemnify and hold each of the relevant M1 entity and its directors, officers, employees, suppliers, vendors, licensors, agents and any third party content providers harmless from any claims, demands, losses, damages or expenses (including legal fees), arising from, relating to and/or in connection with (a) your use of the Portal and/or use of the Content and/or Services therein; and/or (b) your breach of any of the Portal Terms herein; and/ or (c) intellectual property infringement pertaining to any content which you post or transmit on or via the Portal.
DISCLAIMER OF WARRANTIES
The Portal and all Content and Services provided on the Portal are provided on an "as is" and "as available" basis and you accept that your access or use of the Portal (and all Content and Services provided on the Portal) are at your own risk. M1 expressly 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, to the fullest extent allowed by law. Without prejudice or limitation to the foregoing, M1 makes no warranty as to the sequence, accuracy, completeness, security, compatibility, timeliness, reliability, quality, suitability, reliability, originality or non-infringement of any Content or Service obtained or provided on the Portal. M1 does not warrant that the Portal and any Service provided on the Portal will be provided uninterrupted or available at all times or free from errors or that any identified defect will be corrected; further, no such warranty is given that the Portal and any Services provided on the Portal and access to them are free of viruses, malicious destructive or corrupting code or program or other harmful components. If you encounter any difficulties in accessing the Portal, M1 may, at its sole and absolute discretion, extend help and assistance to you as an act of goodwill but shall in no event be obliged to provide the same. The provision of such help and assistance shall in no event be deemed an acknowledgement and/or acceptance of any liability on M1's part.
LIMITATION OF LIABILITY
Without prejudice to the foregoing, and to the fullest extent allowed by the law, in no event shall M1 be liable for any direct, indirect, incidental, special, punitive or consequential damages, losses, costs or expenses including without limitation loss of revenue or profit (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 the Customer by reason of or in connection with the use of the Portal and Services provided on the Portal.
Notwithstanding the above, if for any reason M1 cannot rely on the limitations of liability set out hereinabove and M1 is deemed liable to you, M1's maximum 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 to the extent required by law) shall be, limited to the lower of Singapore Dollars Five Thousand only (S$5000) or the total of your three (3) months' charges preceding the event or series of events.
No delay or failure by M1 to take any action or to enforce or exercise any of its rights in 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 in this Agreement.
This Agreement and any rights, obligations and licenses granted therein may not be assigned or transferred by you, but may be assigned or transferred by M1 without restriction.
This Agreement constitutes the entire agreement between you and M1 and supersedes all prior agreements, understandings, writings, proposals, representations and communications, oral or written, whether by you or M1, with respect to the subject matter of the Agreement and the transactions contemplated by it.
If any of these Portal Terms is held to be unenforceable, invalid or illegal for any reason, that provision shall to the extent permissible be severed from this Agreement, save and except that the remaining provisions shall remain in full force and effect to the extent applicable.
These Portal Terms are for the benefit of M1 and its directors, officers, employees, suppliers, vendors, licensors, agents and any third party content providers to the Portal. Each of these entities shall have the right to assert and enforce any of these provisions against you. Save as aforesaid, a person (including any user) who is not a party to this Agreement has no right to enforce any of these Portal Terms under the Contracts (Rights of Third Parties) Act (Cap 53B).
Your access and/or use of this Portal is subject to compliance with these Portal Terms and shall be governed by and construed in accordance with the laws of Singapore and you agree to submit to the exclusive jurisdiction of the courts of Singapore.