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:
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;
if you enrolled in the Services with a New Device, and are not on a SIM-only mobile
plan, the ability during the Upgrade Eligibility Period to return your Registered Device
to M1 to upgrade to another Eligible Device in accordance with clause 9.2 (an Upgrade),
- 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.
- Eligibility Criteria – In order to apply for
enrolment for the Services for an Eligible Device you must:
- be an individual subscriber to an M1 postpaid mobile plan (your
Mobile Plan) together with that Eligible Device, and that Eligible Device must not be
enrolled in another service which allows you to exchange and/or replace that Eligible
pass the device enrolment checks where applicable and complete any declaration forms
issued to you; and
not have an Ineligible ID.
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.
- 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.
- 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.
- If you have enrolled in the Services with a BYOD Device,
you will not be able to make a Service Request for a Replacement for 30 days
from the Start Date.
- If you wish to enroll for the Services in respect of a
BYOD Device, you must bring your BYOD Device to a Retail Store to check if
- is in Good Working Condition; or
- reported as lost or stolen with the Singapore
subject to which M1 is entitled to accept or
reject your enrolment request at M1’s sole discretion.
- Notwithstanding anything in these Terms, M1 has the right
at any time to terminate your enrolment if M1 discovers that your Device is:
- not licensed for use in Singapore; or
- reported as lost or stolen with the Singapore
- You will pay the applicable fee of $9.90 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 8 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”):
- 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 9 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
- 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
- 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
- You may make: (i) two Service Requests for a Swap; or (ii) one
Service Request for a Swap and 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 two Service Requests for
a Swap or one Service Request for a Swap and one Service Request for a
Replacement then you may not make any Service Request for 12 months from the
Delivery Date of the first of those Service Requests.
- Upgrade – A request for an Upgrade will not count towards your
- 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.
- Compliance – M1 reserves the right to cancel your Service Request at any time if
M1 discovers that the Registered Device is:
- not licensed for use in Singapore; or
- reported as lost or stolen with the Singapore Police Force.
In such instances, the Registered Device will be returned to you at your cost.
You must also return the Device provided as a Swap or Replacement. Your Service Request will be
considered cancelled. Any Swap Fee or Replacement Fee paid will be refunded to you upon your
return of the Device provided as a Swap or a Replacement .
- 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 Warranty – M1 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.
- 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
|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
- 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
- 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
- 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
- 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
- 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
- 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.
- 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.
- TERM, TERMINATION AND SUSPENSION
- Duration – Your Subscription commences from the Start Date and continues
- you terminate your Program by contacting the M1 Customer Service
- otherwise terminated in accordance with this clause 8.
- Termination by M1 – M1 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
- you have provided M1 with incorrect, false or incomplete,
- 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
- 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
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
- 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
- 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
- Communication of termination – M1 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.
- 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
- if your Registered Device is not an iPhone, pay a reduced
Early Re-contract Fee to M1 at the Retail Store at the Upgrade Time (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
- If your Upgrade Request is accepted, you will receive a credit amount
(an “Upgrade Credit”) that will be used to set-off your:
- Early Re-contract Fee; and
- if any Upgrade Credit balance remains after setting-off
your Early Re-contract Fee, payment for the Eligible Device received from M1
pursuant to the Upgrade Request.
The Upgrade Credit you receive depends on your Registered Device as follows:
||iPhones and iPads
|Device Retail Price*
||$600 to $1200
||$1201 to $1800
||$400 to $1000
|Early re-contract and device waiver amount (if
*Device Retail Price is the recommended SGD retail price of your device on the
date the device was launched with M1.
- 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
- the date of the Upgrade Request is within the Upgrade
- the Device is in Good Working Condition which includes
all of the following:
- can turn on and off using Device battery
- 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
- 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
- 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.
- The Device tendered at the Retail Store must be the
- 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
- 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
- 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.
- 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 parties – M1 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
- 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.
- BYOD Device means a Device that:
- You purchased from M1 or a Retail Store but did not enroll in the
Services at the time of purchase, or purchased elsewhere in Singapore; and
- at the time of application for enrolment in the Services, is: (i)
owned by you; (ii) not subject to any third party interests; (iii) licensed for use in
Singapore; (iv) to be used by you on an M1 postpaid mobile plan without a 2-year Device
contract; and (iv) a model still being sold by M1 or in Retail Stores.
- 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 to our satisfaction.
- 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
- 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
- Services mean the services set out in clause 1 of these Terms.
- 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 11th 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 November 2017 to 14 June 2018, both dates inclusive.
- Website means the M1 website.