PLEASE READ THESE TERMS AND CONDITIONS (“TERMS”) CAREFULLY. BY DOWNLOADING, INSTALLING, ACCESSING AND USING ANY APPLICATION PROVIDED BY M1 (“APP”) OR ANY CONTENT OR SERVICES THEREIN, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, PLEASE DISCONTINUE YOUR ACCESS AND USE OF THE APP OR ANY CONTENT OR SERVICES THEREIN AND UNINSTALL THE APP. ALL CONTENT AND SERVICES AVAILABLE ON THE APP IS STRICTLY FOR PERSONAL AND INDIVIDUAL USE ONLY AND MAY NOT BE USED FOR COMMERCIAL OR OTHER PURPOSES UNLESS OTHERWISE AGREED BY M1. M1 MAY MAKE CHANGES TO OR REVISE THESE TERMS AT ANY TIME BY UPDATING THIS VERSION. BY DOWNLOADING, INSTALLING, ACCESSING AND USING THE APP OR ANY CONTENT OR SERVICES THEREIN, YOU AGREE TO BE BOUND BY ANY SUCH CHANGES OR REVISIONS. PLEASE ENSURE THAT YOU VISIT OUR WEBSITE PERIODICALLY TO ENSURE THAT YOU ARE AWARE OF ANY SUCH CHANGES OR REVISIONS.
1. DEFINITIONS
1.1 In these Terms, unless the context otherwise requires, the following expressions will have the following meanings:
“Agreement” refers to these Terms which may be revised by us at any time at our absolute discretion;
“App” refers to any application provided by M1;
“Authorized Representatives” refers to any and all of M1, its affiliates and their respective directors, officers, employees, agents and contractors;
“Content” refers to any and all human readable audio and/or visual elements on the App, including without limitation, any information, text, graphics, images, illustrations, photographs, animation, audio/visual works, designs, logos, trade names, service marks, advertisements, promotional material and other materials;
“Customer” “you” or “your” refers to any person that accesses and/or uses the App and makes any online transactions including any purchase of Products or subscription to any Services via the App;
“Product(s)” refers to all products and equipment which may be purchased via the App (including without limitation mobile phones/ data devices/ accessories/ goods) as may be applicable;
“Services” refers to all services provided by M1 and/or its affiliates via the App (including without limitation mobile services, fixed services and services ancillary thereto), the processing of orders for purchase of Products, subscription of Services and the processing of orders for upgrading of Services;
Any and all references to “we”, “us”, “our” or “M1” shall refer to M1 Limited (Registration No. 199206031W) or the relevant M1 entity that is providing the Product or Service to you (including its successors and assigns).
1.2 The headings used in these Terms are for convenient reference only and do not affect interpretation.
1.3 Words indicating the singular include the plural and vice versa, and words indicating a gender include every gender, unless the context otherwise requires.
1.4 No adverse inference shall be drawn against the party responsible for the preparation of these Terms.
2 CONDITIONS OF USE
2.1 This App (including all Content and Services available on this App) are owned by M1 and/or its licensors. It is currently made available to you free of charge for your limited, personal, non-commercial use subject to your acceptance of and compliance with these Terms. For the avoidance of doubt, the Services made available via the App are provided within Singapore only, unless otherwise stated by M1.
2.2 You shall (a) provide accurate and complete information to us and inform us immediately of any change in your personal information provided to us (including without limitation, change in address or contact number); (b) comply with all notices, directions or instructions which we may issue; and (c) use this App (including all Content and Services available on this App) for lawful purposes only. Without prejudice to the generality of the aforesaid, you may not resell, distribute, provide, sublicense or offer in any way whatsoever, any Content or Services to any third party whether for profit or not, without M1’s permission in writing.
2.3 Your use of this App, including all orders and payments for Services via this App, is governed by this Agreement, M1’s General Terms and Conditions, applicable service specific terms and conditions and policies as stated on https://www.m1.com.sg/personal/termsandconditions, subscription eligibility rules and registration guidelines, and the terms of any end user contract, as may be required by M1. Any conflict or inconsistency between any of these terms shall be resolved in a manner most favourable to M1, to the fullest extent permissible under applicable laws.
2.4 Orders for Services are subject to M1’s prices and applicable terms and conditions for the Services and to the fullest extent permissible under applicable laws, no requests for refunds will be entertained. All prices are inclusive of applicable GST, unless otherwise stated. Any disputes raised by you in relation to billing or payment shall be treated in accordance with M1’s General Terms and Conditions.
2.5 Without prejudice to the generality of these Terms, M1 may at its absolute discretion, modify remove suspend or disable the App, or discontinue withdraw or suspend any Products and Services without notice or liability to you. For the avoidance of doubt, all pricing and availability of Products and Services on the App 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.
2.6 This App may contain links to 3rd party sites. If you choose to browse pictures, images, videos or any 3rd party sites or links outside of this App, you may incur and you will be charged the usual data charges in accordance with your current data plans. If the Services are used overseas, usual roaming data charges will apply.
2.7 With respect to all promotions in respect of the 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 under applicable laws, 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 however arising.
3 DATA PROTECTION
3.1 By downloading and/or using the App, you confirm that you have read and agree to the provisions of the M1 Data Protection Policy as set out on our website, as may be amended by us from time to time.
3.2 It is your responsibility to keep your phone/device and access to this App secure. Any removal of software restrictions and limitations imposed by the official operating system of your phone/device may make your phone/device vulnerable to malware, viruses or malicious programs and/or compromise your phone’s/device’s security features, and may also affect the proper functionality of this App.
3.3 You consent to receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications which we provide to you electronically satisfy any legal requirement that such communications be in writing. You further waive any rights under any legal requirement in any jurisdiction which require an original (non-electronic) signature or delivery or retention of non-electronic records.
4 YOUR ACCOUNT
4.1 You are responsible for the security of your account information, including without limitation usernames and/or passwords used in relation to the App. Please inform us immediately in the event of any compromise in the security of your username and/or password. 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 App.
4.2 You must provide accurate and complete information when such information is sought or required from you. You are also responsible for ensuring that any change to your personal information is updated promptly.
4.3 To the fullest extent permissible under applicable laws, we reserve the rights to suspend, terminate or impose limits on your access to and/or use of certain features or portions of this App and/or any Content or Services at any time, without notice or liability.
5 SUBSCRIPTION TO SERVICES
5.1 Your order for Services (“Subscription”) is confirmed upon (i) your unconditional electronic acceptance of all applicable terms and conditions for the Services and (ii) M1’s acceptance of your order on the Site or as may be notified to you. Notwithstanding any provision of this Agreement or any form of order confirmation, M1 reserves the right at its absolute discretion to cancel/reject your purchase at any time and M1’s sole liability shall be a refund to you to your credit card of your advance payment for the purchase, if any.
5.2 In respect of Services provided by a third party supplier, orders for such Products or Services may be subject to acceptance by the supplier. Your order will also be subject to such terms and conditions as may be imposed by the supplier. We will not be liable in any way for the supplier’s provision of or failure to provide the Services.
6 INTELLECTUAL PROPERTY
6.1 This App (including all Content) is protected by applicable intellectual property right laws including copyright laws. Unless expressly permitted by M1 in writing, you must not copy, distribute, publish, perform, modify, download, transmit, transfer, sell, license, reproduce, create derivative works from or based upon, distribute, post, publicly display, frame, link, or in any other way exploit the App or any Content, whether in whole or in part. Any rights not expressly granted to you herein are reserved. Any violation of applicable intellectual property right laws including copyright laws may result in civil and criminal penalties.
6.2 This App and all marks including “M1”, the M1 logo and all other trademarks, tradenames, logos and service marks on this App (the “M1 Marks”), copyright, database rights and other intellectual property rights related to the App, belong to M1 or its licensors. You are not allowed to attempt to extract the source code of this App, or make derivative versions of it. Any product, service or trade name other than those owned by M1 which identify a third party as the source thereof may, even if not so indicated, be the service mark or trademark of that third party (“Third Party Marks”). Third Party Marks used on this App are used with the permission of their owners or licensors and all of their rights are reserved. Any unauthorised use of the M1 Marks or any Third Party Marks is strictly prohibited.
7 INDEMNITY
7.1 You agree to indemnify and hold harmless M1 and each of its Authorized Representatives and any third party suppliers from any claims, liabilities, demands, losses, damages or expenses (including legal fees), arising from, relating to and/or in connection with (a) your access to and use of this App, any Content therein and/or any Services; and/or (b) your breach of any of these Terms. Your such obligation shall survive this Agreement.
8 DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
8.1 This App (including all Content and Services available via this App) are provided on an “as is” and “as available” basis and you accept that your access or use of the App are at your own risk. M1 expressly disclaims all warranties of any kind, whether express or implied, including implied warranties of merchantability, satisfactory quality, non-infringement and fitness for a particular purpose, to the fullest extent permissible under applicable laws. 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 in this App. M1 does not warrant that the App and any Services will be provided uninterrupted, be available at all times, be free from errors or that any identified defect will be corrected; further, no warranty is given that access to and use of this App and the Services will be free of viruses, malicious destructive or corrupting code or program or other harmful components. M1 shall not be responsible for any interruption, disruption to or deterioration in the quality, reliability or accuracy of any Services or any technical issue that may arise from or in relation to any Services that you may have connected to any device. If you have difficulties in accessing or using this App, we may, at our absolute discretion, extend help and assistance to you as an act of goodwill but we 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 our part.
8.2 M1 will not be liable for any delay or failure in performance resulting from matters beyond our reasonable control, including without limitation acts of God, acts or omissions of third parties (including without limitation, any supplier delivering or providing any facilities, equipment, services or infrastructure to us), requirements of any Authority, national emergency, war, riots, strikes, industrial disputes (whether or not involving our employees), accident, lightning, fire, computer software or software malfunction, equipment failure, electrical power failure, faults, interruption or disruption of our network or the networks of other service providers or of your equipment or the equipment of any third party.
8.3 All software purchased via this App is provided subject to the terms of the licence agreement relating to such software. You must comply with such licence agreement. You acknowledge that all software is warranted in accordance with the licence agreement which governs its use and agree that M1 does not provide any warranties for any software under this Agreement.
8.4 M1 may add to, remove, modify or disable this App, the Content therein and/or the Services (in whole or in part) at any time, without notice and at our absolute discretion. You acknowledge and agree that we may suspend or terminate access to and/or use of all or parts of this Site, the Content therein and/or the Services at any time, without notice and at our absolute discretion. In no event will we be liable for the suspension or termination of access to any Content or Services or any functionality of this App.
8.5 M1 may, at any time and without any notice, temporarily suspend this App, any Content therein and/or Services, for reasons such as the repair, maintenance, upgrade or improvement of this App, such affected Content therein and/or Services or because of an emergency. We may also modify this App, any Content therein and/or Services in order to keep pace with the prevailing technological developments, at any time, without notice and at our absolute discretion.
8.6 Without prejudice to the foregoing, and to the fullest extent permissible under applicable laws, 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 you by reason of or in connection with the use of this App and any Products and/or Services.
8.7 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 this App (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.
9 GENERAL TERMS
9.1 M1’s decision on all matters relating to this App (including all Content and Services available on this App) will be final and conclusive. In the absence of fraud or manifest error, M1’s records of all matters relating to this App (including all Content and Services available on this App) are conclusive evidence of the accuracy, completeness and truth of all matters stated therein.
9.2 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 M1’s rights in this Agreement.
9.3 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.
9.4 Without prejudice to Clause 3.3 above, notices by us to you may also be sent by post, fax or email to your contact details in our records.
9.5 We reserve the right to amend this Agreement from time to time, subject to applicable laws. Where practicable to do so, we will give you reasonable advance notice of such changes (which may include postings on our website or such other forms as we deem appropriate). You agree that the display of the revised Terms on our website will constitute notice of the changes and your continued use of this App, any Content therein or Services will constitute acceptance of the changes and this Agreement.
9.6 This Agreement constitutes the entire agreement between you and M1 and supersedes all prior agreements, understandings, promises, conditions, representations and communications, oral or written, whether issued by you or M1, with respect to the subject matter of the Agreement and the transactions contemplated by it.
9.7 If any provision of this Agreement is held to be unenforceable, invalid or illegal (whether in whole or in part), such provision shall to the extent permissible be deemed modified or severed from this Agreement, but only to the extent of such unenforceability, invalidity or illegality and the remaining provisions shall not be affected.
9.8 A person (including any user) who is not a party to this Agreement has no right to enforce any of these Terms and Conditions under the Contracts (Rights of Third Parties) Act 2001 of Singapore.
9.9 This Agreement shall be governed by Singapore law and you agree to submit to the exclusive jurisdiction of the Singapore courts. Any processes or judgment may be given to you in the same way as notices under this Agreement.