The terms and conditions relating to the Services as set out in this Agreement shall apply to each and all our Services. In the following terms, except to the extent that the context requires otherwise or has specifically defined, the following expressions shall have the meanings ascribed to them below:
"Agreement" means the agreement for the supply of Services made between you and M1 Limited or if applicable, our wholly owned subsidiaries (collectively, the "M1 Group of Companies") which comprises these terms and conditions, one or more completed application forms, the M1 General Terms and Conditions (“GTC”), the specific terms and conditions for use of the Services, our acceptable use policies from time to time for the regulation of the use of the Services; or any other terms and conditions as may be agreed between us (if any), as from time to time amended, modified or varied by M1;
"Charges" means any fees, price, rental, charges and expenses for or in respect of Services charged by M1 from time to time including but not limited to any fees, price, rental, charges or expenses (whether in advance or not) for equipment, software, access, connection, installation, maintenance, subscription, usage, government charges, third party charges, license fees and administrative charges;
"Content" means any games, graphics, images, photographs, videos, media, software, information, text, messages, links, sound, music, downloadable content, data, code or other materials;
"Platform" means the Zolaz platform and/or network maintained, operated by M1, owned by, leased to and/or licensed to M1, which is used by us for the provision of Services to you, which ownership or such rights in our platform and/ network shall belong to M1 and or our licensor (as applicable) at all times;
“Services” means such gaming related services, products, software, facilities and/or equipment provided by us as may be changed by us from time to time and any other services, products or applications provide to you, including the Platform and Content;
"Unauthorized Acts" mean modification, tampering, destruction, damage or unauthorized connection to the Platform and/or M1’s network and/or systems (including without limitation our mobile and broadband network, websites, self-service terminals and smartphone applications), including without limitation any connections that cause or may cause interruption in or congestion or disruption to the Platform and/or M1’s network and/or systems or any third party’s network and/or systems; and/or the use of the Platform and/or M1’s network and/or systems or any part thereof for any purpose other than for our provision of Services to you, in accordance with the Agreement.
"us" or "we" or "our" or “M1” means M1 Limited and include our successors, assigns, employees and agents.
Any decision to be made by us or actions that we may take in this Agreement may be made at our sole discretion.
You may apply to subscribe for the Services if (i) you are at least 18 years old; and (ii) you satisfy all eligibility criteria set by M1. We may refuse to provide any Services at our discretion.
2 Subscription of Services
2.1 To successfully subscribe for the Services, you must adhere to our sign-up process and accurately provide all information requested (including providing a valid email address, personal data and/or valid and correct mobile number to M1 to receive an activation pin for the Service through SMS network (as applicable)) in a timely manner. This include verifying your M1 ID and/or email address or such other matters as requested by M1, at the time of signing up to the Services.
2.2 M1 may decline your request to sign up for any Services without liability or further notice to you if (i) you fail to successfully verify your M1 ID and/or email address or such other matters at the time of signing up to the Services, and/or (ii) there is non-submission or incorrect or incomplete submission of information. M1 shall not be liable for any delay or failure in receiving the activation pin or in accessing or using the Service that is due to any error on the Subscriber’s part or any transmission error on or interruption, disruption or outages affecting any network or system. You agree that no refunds or compensation will be given to you under any circumstances.
3.1 The Services are provided on a monthly basis (“Monthly Subscription”) or such other frequency as may be offered by M1 and selected by you when you successfully subscribe for the Services (“Subscriber”). Unless otherwise agreed by us, each Subscriber can only subscribe for one subscription per M1 ID.
3.2 If you successfully subscribe to the Services, the Services:
(i) start on the date of your successful subscription and will continue,
a. in the case of a Monthly Subscription, for the calendar month of activation, and
b. in other cases, as may be notified by M1; and
(ii) will be automatically renewed,
a. in the case of a Monthly Subscription, for successive periods of 1 calendar month each,
b. in other cases, as may be notified by M1;
on the same terms and conditions and based on our prevailing rates without any previously applied discounts or promotional rates. If you continue to use the Services, you will be taken to have accepted this Clause and our prevailing rates.
3.3 You agree that:
3.3.1 you can only use the Services and/or Platform for your own personal entertainment and for lawful purposes only. You may not use the Services and/or Platform (which include loading Content to the Services and/or Platform (if applicable)) for any other purpose, including any commercial purposes or for cryptocurrency mining. There is no transfer of ownership of the Content, Platform or any part of the Services at any time.
3.3.2 you shall not use the Services and/or Platform (including loading Content) in a manner that may cause any interruption, disruption or outage affecting the Platform or any other subscribers of the Services (which include undermining the security of the networks and systems connected to the Services and/or Platform).
3.3.3 to use the Services, you will need an electronic or computer device that meets the system and compatibility requirements for the Platform, Services, relevant Content, working Internet access, and compatible software.
3.3.4 the availability of the Services and/or Platform (including any Content on the Services) may vary over time and may not be available at all times. Any Content that was previously available on the Services, including your saved games, may become unavailable on the Services later. You understand that as you have saved your games under M1 ID, you will not be able to access your saved games other than via the Services and/or Platform provided (subject always to availability of Services and/or Platform).
3.3.5 Without prejudice to clause 14 (including clause 14.3), M1 has the right to take any actions (without liability), which in M1’s view is appropriate to protect, maintain, improve and/or manage the Platform, Services and/or Content and/or any system or network linked to the Platform, Services and/or Content, without notice to you. This includes:
(i) conducting any works (such as maintenance works) at such times and frequencies as M1 determines, including any acts which may result in Service interruption;
(ii) verifying the accuracy of the information provide to M1. This could include cross tabulating the information you have provided M1 with external databases;
(iii) scanning, monitoring, reviewing, blocking and/or removing system and/or Content (including those originating from yourself or any third party and stored in the Platform that belongs to third parties) linked to and/or transmitted through the Services and/or Platform;
(iv) managing and controlling access to the Platform or parts of the Platform (including data stored in the Platform), even if it results in Service interruption to you;
(v) decreasing the resolution and bitrate of any Content and/or access to any Services, including any games;
(vi) disclosing your information, Content, communications or activities to comply with a court order or applicable laws, or where necessary to protect M1 and any third party from harm, or for the proper operation of our Services and Platform and/or M1’s network and/or systems or any third party’s network and/or systems.
3.4 you will have access to Content rated for different ages. It is your responsibility to set the filters for age-appropriate content and check that the age filters have provided content which in your view is age-appropriate, and comply with applicable laws, rules and regulations related to age ratings;
3.5 you shall ensure that all information (including but not limited to your personal data) provided to us is accurate, complete and updated in all respects, and promptly inform us of any changes to such information; and
3.6 you shall ensure that you do not and no third party via your accounts/M1 ID do anything to generate excessive traffic on the Platform and/or any network or other services offered by M1 or any third party beyond what is normal and reasonable, cause congestion to the Platform and/or any network or other services offered by M1 or any third party, or cause any disruption, interference, interruption or degradation in the Platform and/or any network or other services offered by M1 or any third party or our Services.
4 Prices and payment
4.1 We will bill you monthly or as per the Equipment and/or Services that you have subscribed, ordered, used (including usage) and/or any other factors that may affect the Charges payable by you, as stipulated in accordance with the Agreement. In the absence of fraud or manifest error, all our records concerning your usage and Charges are conclusive evidence of the accuracy and completeness of all matters stated.
4.2 While we will use commercially reasonable efforts to ensure that the charges are as up to date in a billing cycle, charges you incur for the Services could be included in the bill in the subsequent billing cycle.
4.3 In the absence of fraud or manifest error, each bill is conclusive evidence against you of the accuracy and completeness stated in it. You must pay all charges or fees without any counterclaim, deduction, set off or withholding if you are unable to provide sufficient evidence of inaccurate and/ or incomplete charges.
4.4 If you do not agree with any of the charges or fees, you should immediately not continue with your purchase of the Services. If you continue to purchase the Services, you agree that you shall be deemed to have accepted and agreed to these terms and conditions, including charges or fees.
4.5 In the event that M1 agree to provide you with any refunds, the processing period for refunds will take up to thirty (30) days and the monies may be refunded via such means as determined by M1.
4.6 We may change the applicable Charges from time to time, as notified to the Subscriber.
4.7 Other than the amounts which you reasonably dispute, you are responsible for making payment for undisputed Charges promptly by the Due Date without set-off, deduction, counterclaim or withholding, even where there is any suspension, interruption or loss of the Service. In the event you dispute any charges, upon the resolution of such dispute being in our favour, you have to pay the disputed amount immediately. In such cases, we may claim from you any legal costs, interest and collection expenses incurred by us. You will be liable for the costs of any enforcement proceedings (including but not limited to court enforcement proceedings and legal costs on a full indemnity basis) which we may take against you for non-payment of any outstanding Charges.
4.8 Except in the event Applicable Laws compel M1 to provide you with the remedy of a recission of the Agreement (or otherwise compelled by Applicable Laws), all Services provided and all fees paid are non-refundable and non-exchangeable for cash, in-kind, or any service or product. In particular, you agree that there will be no refunds, exchange or return for any Services that is in whole or in part, unused, cancelled, terminated or cancelled.
4.9 If any Services are provided to you for free during a limited time period, the full Charges for that Service shall apply after the time period ends. You agree that display of the applicable Charges for the Services on our website or applications will constitute notice of the Charges.
4.10 For the avoidance of doubt, clause 3 (in particular clauses 3.2 to 3.6, 3.13 and 3.14) of the GTC applies in this Agreement.
5.1 For the avoidance of doubt, clause 6 of GTC shall apply in this Agreement, and with the following modification: the word “Network” in clauses 6.1.1. and 6.1.5 of the GTC shall be deleted and substituted with “, the Platform, M1 systems and/or any third party’s network and/or systems”.
5.2 Where Services are suspended, you will not be able to use any Services (including use any Content or play any games). Resumption of Services is subject to your payment of applicable fees.
7 Cancellation or termination
7.1 If you wish to terminate the Services and/or the renewal of the Services, you can do so via our website and cancellation has to be requested via My M1+ App at least two (2) days prior to the renewal date of the Services.
7.2 M1 may terminate the Services by giving you one (1) days’ notice without providing any reason and without liability.
7.3 Subject to the other terms of this Agreement, you may continue to enjoy all the Services that have been paid for in your current billing cycle. No refunds will be given under any circumstances.
8 Post Termination
8.1 For the avoidance of doubt, clause 7 of the GTC applies in this Agreement.
8.2 In the event where there is any breach of this Agreement, M1 may at our sole discretion, determine the steps necessary to address the breach. Such steps include investigating any suspected or alleged breach of this Agreement, including obtaining information from you, any complainant and the examination of Content (including those provided by you). You agree that you will fully cooperate with any steps taken by M1 and provide all assistance required by M1 at your cost. Nothing contained in this Agreement will limit our actions or remedies in any matter and we reserve at all times all rights and remedies available to us at law.
9 Your obligations
9.1 You shall:
9.1.1 comply with the terms of our Agreement as defined in the preamble and for the purposes of this clause, "Agreement" refers to an agreement between any entity comprising the M1 Group of Companies and you in relation to the sale and supply of Goods;
9.1.2 comply with M1’s policies and procedures concerning the Services and/or Platform which may be notified to you; or as may be communicated to you from time to time by our representatives; and amended by us from time to time, and provide us with all such information as we may require thereunder;
9.1.3 be fully liable and responsible for the use of the Services (including any access to the Platform) subscribed by you or under your accounts and/or M1 ID and for any content which is disseminated through your accounts and/or M1 ID, including use by a third party (whether with or without your consent). Without affecting the generality of the aforesaid, where you prove that there has been any unauthorized or fraudulent use of Services or access to your accounts, you shall continue to be liable for any applicable Charges until such notification is made to us and access to the Services is disabled at your request;
9.1.4 use the Services, Content and/or Platform for lawful purposes only and in accordance with the terms in this Agreement, GTC, any other applicable terms and conditions; and all laws, code of practice, regulations, guidelines, instructions or other instruments having the force of law in whatsoever form that any competent regulatory, governmental or judicial authorities ("Authority") in Singapore may issue from time to time relating to the Services, Content and/or Platform or otherwise ("Applicable Laws");
9.1.5 comply with all notices or instructions issued by us or any Authority which concern your use of the Services, Content and/or Platform and all relevant equipment which is the property of or under the control of M1 ("M1 Equipment");
9.1.6 engage with any entity comprising the M1 Group of Companies and our respective employees and agents in a courteous, cordial and respectful manner at all times. Without affecting the generality of the aforesaid, you shall not threaten, abuse, coerce or harass us or any such member, employee or agent of any entity comprising the M1 Group of Companies, whether through the use of the Services or otherwise;
9.1.7 be solely responsible for all content which you transmit or make available via the Services, Platform or on any website;
9.1.8 not remove copyright or other proprietary notices from any portion of the Services and/or M1 Equipment;
9.1.9 not misuse, disrupt or exploit the Services, Platform, or any related severs for any unauthorised use, or trying to access areas or download software or materials not intended for users (including using the Services in any way to access any unauthorised third-party sites);
9.1.10 not load to any related servers any malware (including viruses, drop dead device, worm, trojan horse, trap, back door or other software routine of such nature);
9.1.11 not use the communication services or equipment of third parties to access the Services, Content and/or Platform without obtaining the third parties’ approval; and
9.1.12 ensure that all information (including but not limited to your personal data) provided to us is accurate, complete and updated in all respects, and promptly inform us of any changes to such information.
9.2 With respect to the Services and/or any M1 Equipment, you shall not allow the Services (whether wholly or in part) and/or any M1 Equipment, as the case may be:
9.2.1 to be copied, rent, transferred, resold, distributed, provided, sub-licensed or otherwise offered in any manner whatsoever (whether in whole or in part), to any third party whether for profit or not without our prior approval in writing;
9.2.2 to be modified, altered or otherwise tampered with without our prior approval in writing;
9.2.3 to be used for any fraudulent, illegal or improper purposes or to violate any person’s rights or in any way which may affect other users’ enjoyment, use or access to any Services or cause irritation, annoyance, disturbance, embarrassment, nuisance, harassment, inconvenience or anxiety to anyone;
9.2.4 to be used to transmit any content which contains viruses, worms, Trojan horses, or any other harmful, destructive or adverse component or programming routine that may interrupt, disrupt, congest, adversely impact or harm the Network, the Services, or M1’s network and/or systems or any third party’s network and/or systems;
9.2.5 to be used to transmit or post any message or content which may be defamatory, abusive or otherwise illegal, unlawful or improper, or is offensive on any grounds;
9.2.6 to be used to copy, upload, post, publish, transmit, reproduce or distribute in any way or manner whatsoever, information, software or other material which is protected by copyright or other proprietary or intellectual property right or derivative works with respect thereto, without obtaining permission of the copyright owner or rights’ holder;
9.2.7 to be used in any manner which may constitute an infringement or violation or misappropriation of the rights of any person or entity (including but not limited to intellectual property rights and rights of confidentiality) or a violation or infringement of any statutory duty or obligation or any duty or obligation in contract, tort or otherwise, to any third party, including to create derivative works of;
9.2.8 to be used to transmit or distribute or broadcast any bulk emails or spam unless permitted under Applicable Laws, or to transmit or distribute or broadcast any commercial advertisements or marketing messages in a significant or voluminous manner without M1’s prior approval in writing or agreement with M1;
9.2.9 to be used for any purpose that is against public interest, public order, national harmony or offends against good taste or decency and/or any use which even if it is lawful, is in our opinion, harmful to our customers, operations, reputation, goodwill or customer relation;
9.2.10 to be used for any Unauthorized Acts;
9.2.11 to be reverse engineered, decompiled, disassembled, or modified; and
9.2.12 to be used in breach of any Applicable Laws or could give rise to legal liabilities, including civil or criminal liability in relation to any of the following:
(i) intellectual property, personal data, confidential and privacy rights;
(ii) using the Services, Platform and/or M1 Equipment for any fraudulent, illegal or improper purposes such as to generate or distribute (via the Services/Platform or any links to your account/M1 ID and/or use of the Services/Platform) spam/junk, solicitation/ advertisement/promotion/invitation to treat, misleading, defamatory, offensive, indecent, pornographic and/or objectionable content or mail and/or any content or mail that cause annoyance, harassment or anxiety to anyone and/or contains any harmful, damaging, unwanted or unauthorised programmes or codes such as malware, computer viruses, worms, trojan horses, time bombs, cancelbots;
(iii) illegally, or without appropriate authority, access any part of the Services/Platform, M1’s or any third party’s equipment, accounts, systems or networks to which you can connect through the Services/Platform (directly or indirectly), or doing anything as a precursor to such an attempt (including port, stealth, security or penetration scans or other illegitimate information gathering activity) on our servers or network or the servers or network of any third party.
10.1 You are responsible for the security of your account information, including without limitation your username, email address (“M1 ID”), passwords and/or personal identification number ("PIN") and other private or login information which have been issued by us to you or determined by you. You must take all necessary measures to protect the integrity and security of the Services (including but not limited to changing your passwords and/or PIN from time to time and using secure login identification and password) and to ensure the security and confidentiality of your username, passwords and/or PIN or other information.
10.2 You are responsible for the security of your account information, including without limitation your username, email address (“M1 ID”), passwords and/or personal identification number ("PIN") which have been issued by us to you or determined by you. You must take all appropriate measures (including but not limited to changing your passwords and/or PIN from time to time) to ensure the security and confidentiality of your username, passwords and/or PIN or other security information.
10.3 In the event of any actual or suspected compromise in the security of your M1 ID, passwords and/or PIN and/or any matters related to your account, you must inform us immediately and change the compromised passwords and/or PIN. You agree that you are solely responsible for all use of Services, access to your accounts and/or activities that occur under your accounts, including those without your consent or knowledge. You shall be responsible for all consequences arising from any unauthorized or fraudulent use of Services or access to your accounts until such notification is made to us and access to the Services is disabled at your request.
10.4 You are responsible for the security of your account, and any equipment, network and systems you use to access the Services. We do not guarantee the security of any transmission you make.
10.5 For the avoidance of doubt clause 12.5 to 12.7 of the GTC applies in the Agreement.
11 Content and Hyperlinks
11.1 You acknowledge that M1 shall have the right (but not the obligation) to monitor our Services and/or Platform and/or any and all transmissions via our Services and/or Platform and you agree that M1 may, at our discretion, delete or modify or deny access to any Content, products or services which you try to access, or which you transmit or make available via the Services and/or Platform, including without limitation such Content, products or services that may be or are alleged by a third party to be indecent, defamatory, objectionable, offensive, in violation of any Applicable Laws or in infringement of any intellectual property rights, or breached this Agreement. We shall not be responsible for determining the validity of any such allegations.
You acknowledge that you are solely responsible for all Content, products or services that you transmit or make available via the Services and/or Platform.
11.2 You acknowledge that your access and/or use of our Services, Platform and Content may also include hyperlinks to websites/applications which are owned or operated by third parties. Such third party websites/applications are not within M1’s ability to monitor or under M1’s control. You agree and accept that you access and/or use our Services, Platform and Content at your sole risk and M1 cannot accept responsibility for the contents of or the consequences of accessing any such third party websites/applications or any link contained in such websites/applications. Such hyperlinks shall not be construed as an endorsement or verification of such third party websites/applications or the contents found therein by M1. You further agree that your access to and/or use of such third party websites/applications is subject to any terms and conditions of access and/or use of such third party websites/applications as may be applicable.
12 No Warranties, Limitation of Liability
12.1 You acknowledge and agree that we have not represented or provided, and do not represent or provide any warranties whatsoever with respect to the Services (which include for the avoidance of doubt, the Platform and Content as per the definition of “Services”) and/or M1 Equipment.
12.2 Without prejudice to the aforesaid, but for the avoidance of doubt, the Services are provided on an "as is" and "as available" basis and you accept that your access or use of the Services and M1 Equipment are at your own risk. To the fullest extent permissible under Applicable Laws, M1 has excluded, and continues to exclude all statutory or tortuous liability (save for death or personal injury arising out of negligence) and disclaims all warranties of any kind, whether express or implied, including implied warranties of merchantability, satisfactory quality, fitness for a particular purpose and non-infringement. Without prejudice or limitation to the foregoing, M1 has not made, and makes no representation or warranty as to the sequence, accuracy, speed (including data transfer upload or download speeds) completeness, merchantability, fitness for a particular purpose, title, security, compatibility, timeliness, reliability, quality, suitability, availability of any Services (including any Content such as any games), originality or non-infringement of any Services, and M1 has not represented or warranted, and does not represent or warrant that the Services will be provided uninterrupted or be available at all times or free from defects, errors or viruses or that any identified defect can be corrected. M1 also does not warranty that that the Services, any Equipment, our website or our operation, maintenance and protection of the Platform will not cause any harm to your equipment, software systems or Content. To the extent M1 provides you with assistance in connection with any of the above, such assistance shall in no event be deemed an acknowledgement and/or acceptance of any liability on M1's part. Any waivers offered to you by M1 at our discretion shall be out of goodwill.
12.3 Without affecting the generality of this Clause; M1 reserves the right to (a) impose traffic management policies in respect of the Services from time to time including but not limited to managing the speed of data transfer or data throughput, and/or (b) suspend or disconnect any Services in whole or in part at any time by giving as much notice as is reasonably practicable if in M1’s reasonable opinion it is necessary to carry out any planned or unplanned maintenance, repair or upgrade of any part of the Platform or the Services, and/or (c) take any other steps that may be necessary for the management or maintenance of networks, security purposes or otherwise as may be required under Applicable Laws. Further and in addition to the above, you accept that the actual data transfer speed (whether upload or download speeds) in respect of the Services where applicable, is dependent on factors beyond M1’s control, including without limitation the configuration and specifications of your computer system and equipment, type of data transferred, overall network condition, number of users accessing M1’s network and their compliance with M1’s traffic management policies in respect thereof.
12.4 You understand and agree that M1 has no control over third party actions including but not limited to goods and/or services provided by third parties, actions or omissions of third parties (including actions on which the provision of Services is dependent), services provided by overseas service providers and/or content created or owned by third parties which you may access or use via the Services (collectively, "Third Party Actions"). We do not endorse guarantee the accuracy, quality, reliability, integrity or legality of such Third Party Actions and M1 shall not be liable in any way for any Third Party Actions.
This includes Content, products and/or services provided by third parties while using the Services. You agree that the person from whom all such Content, products or services originated will be solely responsible for the Content, products or services. This is the case even though by using the Services, you may be exposed to third party Content, products or services that may be defamatory, offensive, indecent, objectionable or illegal.
You agree that M1 is not liable for any problems you encounter, or for any non-delivery, non-performance or defects in any goods and services you obtain from, advertisers or any third parties on our website or through the Services. Without prejudice to the generality of this clause, we are not responsible for such advertisers or third parties.
12.5 M1 shall not be liable for any costs, loss or damage (whether direct or indirect) suffered or incurred by you or any third party by reason of or in connection with the use of the Services. Without affecting the generality of the above, to the fullest extent allowed by Applicable Laws, in no event shall M1 be liable for any indirect, incidental, special, punitive, economic or consequential damages, losses, costs or expenses; or loss of revenue, profit, business opportunities, earnings or goodwill (whether direct or indirect) (collectively, "Losses") whether based on warranty, contract, tort including negligence, strict liability under statute, vicarious liability or otherwise howsoever under any cause of action, and whether or not M1 is advised of the possibility of such Losses suffered or incurred by you by reason of or in connection with the use of the Services.
Without prejudice to the generality of clause 12.5, this include any costs, loss or damage relating to or resulting from any action taken by us (or a designated person on behalf of M1) which M1 consider appropriate or necessary, including the conduct of an investigation, issuance of a warning, refusal, removal, modification or denial of access to our website, the Services or any Content, suspending or terminating the Services, and/or other appropriate action in relation to any suspected or alleged breach of this Agreement.
12.6 Notwithstanding the above, if for any reason M1 cannot rely on the limitations of liability set out hereinabove, or is liable to you under other grounds (if any), and M1’s liability thereof is proven by you, M1’s maximum liability in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever under any cause of action, to you and anyone who uses the Services (except for death or personal injury to the extent required by Applicable Laws) shall be limited to Singapore Dollars Five Thousand only (S$5000) or the total of your three (3) months’ Charges preceding the event or series of events, whichever is lower. Our maximum liability to you in every one year period notwithstanding any number of events, shall be limited to Singapore Dollars Five Thousand only (S$5,000).
12.7 All pricing and availability of Services and/or M1 Equipment on M1’s websites are subject to change and M1 does not guarantee that such information is always printed error-free. M1 reserves the right to reject or cancel any orders resulting from any manifest errors or inaccuracies, without liability.
13 Indemnity From You
You shall indemnify us, including our employees, directors and agents, in full against all claims that anyone threatens or makes against us relating to your use of the Services and/or M1 Equipment, or due to your act or omission, breach, or negligence. Without prejudice to the foregoing, you shall indemnify us against any claims, demands, losses, damages, penalties or expenses (including legal fees) arising from, relating to and/or in connection with (a) your use of the Services, M1 Equipment or software; (b) your breach of any of the terms of the Agreement; and (c) intellectual property infringement pertaining to your use of the Services and/or M1 Equipment.
14 Health and safety
For some individuals under certain circumstances, using the Services (including any Content on the Services) and/or M1 Equipment might have harmful effects on your health or safety (such as epileptic seizures or blackouts when exposed to certain external stimuli, including light patterns or flashing lights). You should also discontinue using the Services and/or M1 Equipment (including any Content on the Services) if you experience any health problems or symptoms such as light-headedness, dizziness, or other discomfort, pain or health concern and consult a doctor where appropriate.
You agree that you are responsible for managing your health risks and choosing whether to use the Services and/or M1 Equipment. This includes consulting medical professionals for any health issues where appropriate. You also agree that you waive our liability for any liabilities, damages, losses, costs, and expenses that result from these risks.
15.1 The Platform, Services and/or Content may need to be updated, maintained and/or upgraded, for example, for bug fixes, enhanced functions, missing plug-ins and new versions (collectively, "Updates"). Such Updates may be necessary in order for you to use the Services or to access, download, or use the Platform and/or Content. By agreeing to these Terms and using the Services, you agree to receive such Updates automatically. You may be able to manage some Updates via Settings in your electronic and/or computer device. If it is determined, however, that the Update will fix a critical security vulnerability related to the Services, Platform and/or Content, the Update may be completed irrespective of your Update settings in your electronic and/or computer device. The Services, Platform and/or Content may be temporarily unavailable, inaccessible, or slow when you are receiving Updates.
15.2 For the avoidance of doubt, clause 14 of the GTC applies in this Agreement.
16.1 Intellectual property (“IP”)
Any and all of the IP will continue to belong to us or our licensor(s). You may not use or permit anyone to use any of the IP except as may be necessary for your lawful use of the Services, M1 Equipment or as permitted by us. Except as expressly granted in this Agreement, we reserve all rights, interests and remedies in connection with the Services, M1 Equipment and IP.
16.2 Transferring this Agreement
You may not assign, novate or transfer any of your rights and/or obligations under this Agreement without our prior written consent. We may assign, novate and/or transfer all or part of our rights and/or obligations under this Agreement to any party at any time.
16.3 Matters beyond our control
16.3.1 We will not be liable for any delay or failure in performance resulting from matters beyond our reasonable control, including without limitation acts or omissions of third parties, acts of God, cyberattacks (including any type of offensive manoeuvre that targets computer information systems, infrastructure, computer networks or personal computer devices), computer software or Software malfunction (including due to malicious software programmes), interception of online communication, identity theft, requirements of any Authority, national emergency, war, riots, strikes, industrial disputes (whether or not involving our employees), accident, epidemics, infectious diseases lightning, fire, computer software or software malfunction, equipment failure, electrical power failure, faults, interruption or disruption of the Platform or the system or networks of M1 and/or other service providers or of your equipment or the equipment of any third party or epidemics caused by infectious diseases. Without prejudice to the foregoing, the Services and/or M1 Equipment may occasionally be affected by interference caused by objects beyond our control such as buildings, underpasses and weather conditions. M1 will not be responsible for any such matters and for any interruption or disruption of the Services or if you cannot access or use the Services and/or M1 Equipment.
16.3.2 We are not responsible for:
1. the type of device you have, your location, the available bandwidth, or the speed of your internet connection; or
2. other reasonable technical reasons, errors, or bandwidth constraints.
16.4 Clarity on application of GTC
Without prejudice to the definition of “Agreement”, for the avoidance of doubt, the following clauses in the GTC also apply in this Agreement:
16.4.1 Clause 5 (Prepayment and Deposit);
16.4.2 Clause 8 (Personal Data);
16.4.3 Clause 11 (Specific Provisions with respect to Sale and Supply of Goods); and
16.4.4 Clauses 15 (Telecommunications Act) to 24 (Governing Law).