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These General Terms & Conditions form the Agreement between you and StarHub Mobile Pte Ltd (Reg. No. 200000646C). They may be added to or changed by Service Specific Terms & Conditions for certain of our products and services which you may use.
In these Terms & Conditions, unless the context otherwise requires, the following words and expressions shall have the following meanings:
"Affiliates" means any related or associated company of StarHub Mobile Pte Ltd (Reg. No. 200000646C) including their successors, assigns, employees and agents.
"Charges" means any and all charges and other fees to be paid by you for or relating to the Services, including Bounce local and IDD call Charges. The Charges will be in accordance with the rates as set out on these Sites.
"CNND" means the Caller Number Non-Display value-added service.
"Content" means any and all human readable audio and/or visual elements, including without limitation, any information, data, text, sound, music, Software, graphics, images, illustrations, photographs, animation, audio/visual works, designs, logos, messages and other materials.
"Credits" mean the credits which you must purchase for payment of the Charges and which are recorded and tracked in your Bounce account.
"Equipment" means any and all computers, laptops, devices (including handheld mobile devices), hardware, equipment and related accessories which are needed for access to, or the use or provision of the Services, whether or not provided, sold, leased or rented by us to you or maintained by us for you.
"Foreign Network" means any network which is situated outside Singapore.
"IDA" means the Infocomm Development Authority of Singapore, its successors and assigns.
"MDA" means the Media Development Authority of Singapore, its successors and assigns.
"Overseas Calls" means any and all calls routed by or via any Foreign Network.
"Bounce Intellectual Property" means all copyrights, patents, trademarks, tradenames, logos, service marks and other intellectual property or proprietary rights in or relating to us, any Sites, the Services, our network, or any Software provided by us.
"Regulatory Authority" means IDA and/or MDA.
"Relevant Persons" means any and all of StarHub, its Affiliates and their respective directors, officers, employees, agents and contractors.
"Service Specific Terms & Conditions" means the specific terms and conditions that we may impose in respect of any particular Services or Equipment which you may use, which may be set out on our Sites or in the press, manuals and handbooks accompanying the use of the Services and/or Equipment, or any other ad-hoc promotional materials for the Services and/or customer loyalty programs relating thereto, and any other terms and conditions which you and StarHub may agree governing the use of the Services and/or Equipment.
"Services" means any and all info-communications services and any other services (including, where appropriate, any cabling, construction, installation and connection service and software in order that you may access or use the Services) or products which we provide to you including any value-added features and functions.
"Sites" any and all Bounce websites or web portals.
"Software" means any software programmes (including any upgrades) provided to you as part of the Equipment or the Services, or which allow you to access or use the Services.
"StarHub", "we", "our" or "us" means StarHub Mobile Pte Ltd (Reg. No. 200000646C) and/or any of its Affiliates, including their successors, assigns, employees and agents.
"Taxes" means any and all taxes, goods and services tax, duties, levies and other similar charges imposed under any law in respect of the provision of the Services or on any Charges or payment due from or payable by you to us.
"Unauthorised Act" means any tampering, modification, removal, destruction and/or damage of or to our networks, unauthorised connection to our networks, including without limitation, such connections that cause interruption, disruption, congestion in and to our networks or any third party's networks or systems, or use of our networks for a purpose other than the use of the Services according to the applicable terms and conditions governing the use of the Services.
"User Content" means any Content made available by you or any user of these Sites or any Services.
"you" or "your" means the person who uses or intends to use the Services (including his or its successors and permitted assigns) and anyone appearing to us to be acting with that person's authority or permission.
2.1. StarHub is the owner and proprietor of these Sites and the Services. By accessing any of the Sites and/or using any of the Services, you warrant that you have read and shall comply with our Legal and Privacy Statement and Copyright Act Notification.
2.2. The Content (other than all User Content) on these Sites is owned by StarHub, its Affiliates and/or their licensors and is protected by applicable copyright laws and other intellectual property right laws. Unless expressly permitted on these Sites by us, you must not copy, distribute, publish, perform, modify, download, transmit, transfer, sell, license, reproduce, create derivative works from or based upon, post, publicly display, frame, link, or in any other way exploit any of the Content, in whole or in part. You must not use or permit the use of any Content except for the purposes contemplated in this Agreement or as permitted by us. Any rights not expressly granted to you herein are reserved and all such rights will remain at all times with us and/or our licensor(s). Any violation of copyright laws and/or other intellectual property right laws may result in severe civil and criminal penalties.
2.3. "Bounce", "Bounce powered by pfingo", StarHub, the Bounce logo and all other trademarks, logos and service marks on these Sites are trademarks and service marks belonging to StarHub, its Affiliates and/or its licensors (the "Bounce Marks"). Any product, service or trade name other than those owned by StarHub 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 trademarks, logos and service marks used on these Sites are used with the permission of their owners and all of their rights are reserved. Any unauthorised use of the Bounce Marks or any third party trademarks/logos/service marks is strictly prohibited.
3.1. You must keep and secure your login identification and password (collectively, "ID"s) as strictly confidential. You must take all measures (including but not limited to selecting secure passwords and changing your password from time to time) to protect the confidentiality of your IDs. You must not allow any third party access to or use of such IDs. The security of your account, including Content stored, sent or received, is your own responsibility. You are solely responsible for all activities and transactions which occur under your IDs and/or account. We cannot guarantee the safety and security of any transmission and we will not be responsible in any way if your IDs and/or account are hacked into, accessed, misappropriated or used by a third party.
3.2. We reserve the right to refuse, change or remove your ID(s). We will endeavour to notify you of any such refusal, change or removal, provided that you have provided us with up-to-date contact particulars.
3.3. If you discover or suspect any unauthorised use or disclosure of your ID(s) or that your account security has been compromised, you must immediately inform us and change your IDs.
3.4. You are solely responsible for maintaining records of all your activities and transactions carried out under your IDs and/or account. We are not obliged to provide any historical data pertaining to your account or to assist in providing such data to you. Without prejudice to the foregoing, in the absence of fraud or manifest error, all our records relating to your account are conclusive evidence of the accuracy, completeness and truth of all matters stated therein. Our decision on all matters relating to the activities and transactions carried out under your IDs and/or account will be final and conclusive.
3.5. When creating your account or providing any information under your account, you must provide accurate and complete information.
3.6. We may, in our absolute discretion, suspend or terminate access to and/or use of your account or all or parts of these Sites and/or the Services at any time and without notice or liability to you. In no event will we be liable for the suspension or termination of access to or use of your account or any of these Sites and/or the Services. We may also impose limits on the access to and/or use of certain features or portions of your account, these Sites or the Services, at any time and without notice or liability to you.
4.1. We attempt to be as accurate as possible in our descriptions and pricing of the Services. However, we do not warrant that the descriptions and pricing of the Services provided via these Sites are accurate, complete, reliable, current, or error-free. The descriptions, pricing and availability of the Services are subject to change, withdrawal or discontinuance at our absolute discretion and without the need to assign a reason or provide any notice thereof. We will not be liable for any inaccuracies, errors or discrepancies in any descriptions and pricing of the Services provided on these Sites. We reserve the right to reject or cancel any orders resulting from such inaccuracies, errors or discrepancies, without liability.
4.2. Without prejudice to Clause 5.1, we cannot confirm the price(s) of any Services offered by us until you order. The Services on these Sites may be changed, or mispriced despite our best efforts. If a Service's correct price is higher than the stated price on these Sites, we will, at our discretion, contact you for instructions before providing the Service to you and charging you for the Service at the correct price, or cancel your order and notify you of such cancellation.
4.3. If a Service provided to you is not as described, your sole remedy is to discontinue using it.
5.1. No contract for the purchase of the Services will come into existence until your application has been accepted by us. You warrant that you are purchasing the Services for your own use, and not for re-sale or sub-sale.
5.2. When you apply for a Service:
5.2.1. your application represents an offer to us to purchase the Service;
5.2.2. we may reject your application at our absolute discretion and without assigning any reason; and
5.2.3. your application shall be deemed to have been accepted by us when we show you an electronic confirmation of the success of your application, such as an on-screen or SMS confirmation.
5.3. In respect of Services provided by a third party supplier, orders for such Services may be subject to acceptance by the supplier. In such circumstances, your order will be 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 failure to provide the Services, any interruption or delay in the provision of the Services, or deterioration or lapse in the quality of the Services provided.
5.4. Notwithstanding any provision of this Agreement or your receipt of any electronic or other form of confirmation, we reserve the right to reject your application at any time and at our absolute discretion, without any liability to you.
5.5. In no event will we or any other Relevant Person be liable for any direct, indirect, incidental, special, punitive or consequential damages, losses, expenses or costs arising out of or in connection with your application for or offer to purchase the Services or our acceptance or rejection of your application, whether based on warranty, contract, tort, misrepresentation, negligence, strict liability or any other legal theory, and whether or not we (or such other Relevant Person) are advised of the possibility of such damages, losses, expenses or costs. The foregoing limitation of liability will apply to the fullest extent permitted by law.
6.1. Any delivery times quoted by us are only estimates and no guarantee or warranty is made by us that an order will be delivered within the quoted delivery times.
6.2. We will not be liable for any delay in the provision of any Services or delivery of any Equipment, howsoever caused.
6.3. Additional Charges may be imposed for the delivery of any Equipment.
7.1. To apply for, access and use the Services,
7.1.1. you must be at least 18 years old (unless we are provided with your parent's or legal guardian's written warranty that you will observe and comply with this Agreement and that your use of the Services is subject to this Agreement); and
7.1.2. you must submit to us valid scanned copies of your identity documents (including without limitation identity cards or passports or certificate of identity etc).
7.2. You acknowledge and agree that the availability and quality of the Services is subject to:
7.2.1. the availability of resources, including but not limited to, the availability of a suitable network infrastructure including Foreign Networks at the time at which the Services are requested or provisioned; and
7.2.2. the geographical coverage and technical capacity of our network and delivery systems, as well as of Foreign Networks, at the time at which the Services are requested or provisioned.
7.3. You must at all times provide us with such information as may be necessary or desirable for us to provide you with the Services. You must maintain and update your information to keep it accurate, current, and complete. We reserve the right to suspend or terminate your access to and use of the Services if any information you provide is false, inaccurate or incomplete. You agree that we and our Affiliates may collect and use your information in a manner consistent with this Agreement. We will use reasonable efforts to protect information submitted by you in connection with the Services, but you acknowledge and agree that your submission of such information is at your sole risk, and we and our Affiliates hereby disclaim any and all liability to you for any loss or liability relating to such information in any way.
8.1. You may have to pay for certain Services. For the purposes of this Clause 8, "Services" shall be deemed to include services provided by third parties on whose behalf we are billing. You are liable for the Charges for such Services as you have applied for and which are incurred under your account, whether the Services are used by you or someone else.
8.2. Charges will be calculated based on our records or, where applicable, records supplied to us by another Service Provider. You will not be required to pay for any Services that you did not apply for.
8.3. If your Equipment, SIM card or IDs are lost or stolen, you must tell us immediately verbally and follow up with a written confirmation within 24 hours. Until you tell us about the loss or theft, you will continue to be responsible for the Charges incurred using the Equipment or your SIM card or under your account whether you know it or not.
8.4. You shall purchase Credits for the payment of the Charges prior to your use of the Services. The Charges shall be incurred and immediately due and payable upon your use of the Services, and shall be deducted from the Credits as and when you use the Services.
8.5. At our discretion, the Credits may be purchased online using your credit/debit card, by purchasing our top-up cards, through our interactive voice response system or by sending us an SMS with the prescribed short code, or such other mode as may be determined by us. We may, at our discretion, change/terminate any permitted mode of purchase at any time.
8.6. Where you have chosen to purchase the Credits through your credit/debit card, you must inform us immediately if your credit/debit card is lost, stolen, expired or terminated or if you want to terminate any transaction. If we are unable to make the deduction or settlement with your bank or card company, we will not be liable to you in any way and you must immediately make payment of any administrative fees for the failed transaction, and any outstanding Charges, late payment fees or other amounts.
8.7. Unless otherwise stated, all Charges are payable in Singapore dollars. In the absence of fraud or manifest error, and subject to Clause 8.8 below, we may rely on our account as conclusive evidence against you of the accuracy, completeness and truth of, as well as your acknowledgement of and agreement to, all matters stated in it. You are responsible for paying all Charges without any counterclaim, deduction, set off or withholding.
8.8. If you wish to reasonably dispute any Charges, we will investigate any such dispute and provide a written response to you within thirty (30) days from the day you notify us of such a dispute. If the dispute is resolved in our favour, you must pay us the disputed amount and all costs incurred in recovering the amount. We may charge you interest on any outstanding amounts at 1.5% per month from the date the outstanding amount was due and payable and calculated on a daily basis or at such other rates as we may prescribe from time to time. Alternatively, we may charge you such standard late payment fee as we may prescribe from time to time. If we agree that there is a mistake in your Charges, we will adjust your Credits accordingly. Any dispute about your Charges must be raised by you in writing to us not later than three (3) months from the date on which the Charges were deducted from the Credits.
8.9. We will not refund any Credits which have been purchased, even if your account or this Agreement has been suspended or terminated. For the avoidance of doubt, we will not refund any Credits purchased through a top-up card even if the top-up card is lost, damaged, expired or terminated or its serial number or PIN is blocked.
8.10. You are responsible for all Taxes. If you are required under any law to deduct or withhold any sum as Taxes imposed on any amount payable to us, the amount payable to us must be increased by such amount necessary to ensure that we will receive a net amount equal to the amount which we would have received in the absence of any such deduction or withholding.
8.11. If you are late in paying or do not pay any Charges or do not have sufficient Credits in your account, we may, at our discretion, suspend, restrict or terminate any or all of the Services that we provide to you and charge you administrative fees and/or late payment interest or fees as set out in Clause 8.8 above. In addition, we may, at our discretion, also require you to pay on demand all sums due under any other agreements or accounts you have with us. If we claim against you for failing to pay any Charges, you are liable for all our administrative and legal costs and expenses.
8.12. We will not send you any physical bills or statements. We may, at our absolute discretion, make certain records of the Charges you have paid and Credits you have purchased under your account available to you through our Bounce portal.
8.13. If you use more than one of our Services, any payment you make may be applied or allocated by us towards any outstanding amount for any Service in such manner, priority, order and proportion as we deem appropriate. If you have more than one account with us, we may transfer any credit balance (including any Credits) under one account to settle outstanding amounts due under another account. Any such application or allocation will override any appropriation made by you.
8.14. We may, at our discretion, authorise our Affiliates to collect payment for Credits, and any other moneys, on our behalf.
8.15. For the avoidance of doubt, besides the Charges, additional fees and charges may be payable for:
8.15.1. the airtime usage for calls made using your mobile service, if your mobile subscription does not entitle you to free incoming calls;
8.15.2. SMSes sent or received through your mobile service, depending to the terms of your mobile service;
8.15.3. calls made/received using roaming services from/in certain countries, even if the calls are not connected; and
8.15.4. the airtime usage for calls made to the 1800- and/or 1900- services through the Services.
9.1. We may provide Software to you or you may access Software via the Sites or Services.
9.2. All Software provided to you is provided subject to the terms and conditions of the licence agreement relating to that Software from us or a third party. Your use of the Software is governed by the terms of that licence agreement and by this Agreement. You must not install or use any Software that is accompanied by a licence agreement unless you first agree to the terms of that licence agreement. With regards to any Software which is not accompanied by a licence agreement, the use of the Software is subject to the following conditions.
9.2.1. Licence
9.2.1.1. You are hereby granted a non-exclusive, non-transferable and non-sublicensable personal licence to use the Software for your own personal use only. We grant to you the non-exclusive right to use all or a portion of the Software so long as:
(a) the Software is not distributed or made available to any third party whether for profit or otherwise;
(b) the Software is used only in connection with the relevant Services and for no other purpose;
(c) the Software is not modified; and
(d) you comply with all the terms and conditions of this Agreement.
9.2.1.2. We and/or our licensors reserve all rights in the Software not expressly granted under this Agreement.
9.2.2. Intellectual Property Rights
9.2.2.1. We and/or our licensors own the Software and all copyright, trademarks and other intellectual property rights subsisting in or associated with the Software and all documentation and materials relating to the Software. You must not remove or alter any copyright, ownership or other proprietary notices, legends, symbols or labels appearing on or in any part of the Software.
9.2.2.2. You undertake not to remove, add to, change or otherwise tamper with any copyright notice, legend or logo appearing in or to the Software or the medium on which it resides.
9.2.3. Stand-alone Basis
9.2.3.1. You may use the Software only on a stand-alone basis so that the Software and the functions it provides are accessible only to persons who are physically present at the location of the computer or device where the Software is installed. You may not allow the Software or its functions to be accessed remotely, or transmit all or any portion of the Software through any network or communication line.
9.2.4. Limitations on Using, Copying and Modifying the Software
9.2.4.1. You must not reproduce or distribute the Software for any purpose whatsoever. Without prejudice to the foregoing, you must not copy the Software to any server or location for reproduction or distribution. You acknowledge that the Software contains our or our licensors' trade secrets, intellectual property rights and other proprietary rights. You must not decompile, disassemble or otherwise reverse engineer any part of the Software, or engage in any other activities to obtain underlying information in or about the Software that is not visible to the user in connection with normal use of the Software.
9.2.4.2. You must not (and must not allow anyone other than a person authorised by us) to translate, adapt, vary, modify or in any way interfere with the Software or communicate the same to any third party without our/our licensors' written consent.
9.3. We will not be responsible for the Software, or any loss or damage caused by or as a result of the use of the Software, whether in conjunction with the Services or not.
9.4. You must comply with all applicable laws and regulations, and instructions, notices or directions issued by the relevant Regulatory Authority or us from time to time in respect of the installation, use or upgrade of the Software.
9.5. Upon our notification, you will grant us access to the Software as and when we deem necessary to carry out any upgrade and/or trouble-shooting.
9.6. You must not use the Software in conjunction with any computer, hardware, software or network other than in the manner approved by us.
9.7. You must immediately inform us if the computer or device installed with the Software is stolen or lost, or if you become aware at any time that your Services are being fraudulently used or otherwise being used in an unauthorised manner. Until you have informed us about the theft or loss, or fraudulent or unauthorised use of the Services, you will be solely responsible for all use of the Services using the Software and any and all fraudulent or unauthorised use of your Services.
9.8. We reserve the right to suspend or terminate your Services if we determine, in our absolute discretion, that you have tampered with the Software. In the event of such suspension or termination, you will remain responsible for all outstanding Charges.
10.1. All Equipment must be type-approved by IDA and/or us and meet the relevant standards.
10.2. You may purchase the Equipment (at your own cost) from us or any of our authorised resellers.
10.3. You must:
10.3.1. keep the Equipment in a suitable place and appropriate conditions for the Equipment, including any necessary electrical power supply; and
10.3.2. use and maintain the Equipment in good working condition (fair wear and tear excepted) in accordance with any guidelines, instructions or specifications which may be given to them.
10.4. We will not be responsible for the Equipment or any related hardware or Software comprised therein, or any loss or damage caused by or as a result of the use of such Equipment, hardware or Software, whether in conjunction with the Services or not.
10.5. Any defect of the Equipment will be covered under the relevant manufacturer's warranty only and your sole and exclusive remedy for such defects shall be according to the terms of the manufacturer's warranty.
10.6. We reserve the right to impose Charges at our standard rates for responding to a service call or request to change or reconfigure any defective Equipment.
10.7. You must comply with all applicable laws and regulations, and instructions, notices or directions issued by the relevant Regulatory Authority or us from time to time in respect of the installation, use, operation or upgrade of the Equipment.
10.8. You will grant StarHub access to the Equipment as and when StarHub deems necessary to carry out any service upgrade.
11.1. These Sites and/or the Services may permit you and other users to submit, host, share and/or publish User Content. You acknowledge that whether or not such User Content is published, we do not guarantee any confidentiality with respect to any such submissions.
11.2. You shall be solely responsible for your own User Content and the consequences of posting or publishing them. In connection with User Content, you represent and warrant that:
11.2.1. you own or have the necessary licenses, rights, authorities, consents, and permissions to use and authorise us to use all patents, trademarks, trade secrets, copyrights and/or other proprietary rights in and to any and all User Content to enable inclusion in and use of the User Content in the manner contemplated by these Sites and/or the Services;
11.2.2. you have the written consent, release and/or permission of each and every identifiable individual person in the User Content to use the name or likeness of each and every such identifiable individual person to enable inclusion in and use of the User Content in the manner contemplated by these Sites and/or the Services; and
11.2.3. your User Content (and our use thereof in the manner contemplated by these Sites and/or the Services) does not and will not violate or infringe the rights of any third parties including but not limited to their intellectual property or confidentiality rights.
11.3. For the avoidance of doubt, you retain all of your ownership rights in your User Content. However, by submitting the User Content, you hereby grant us a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, edit, modify, prepare derivative works of, display and perform the User Content in connection with these Sites and/or the businesses and marketing activities of Bounce, including without limitation for promoting and redistributing part or all of these Sites, the Content therein and/or the Services in any media formats and through any media channels.
11.4. In connection with User Content, you further agree that you will not:
11.4.1. submit any Content which is copyrighted, constitutes trade secrets or is otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post such Content and to grant us all such rights;
11.4.2. publish falsehoods or misrepresentations which may damage us or any third party;
11.4.3. submit any Content which is illegal, offensive, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, or encourages conduct which may be considered a criminal offence, give rise to civil liability, violate any law, or is otherwise inappropriate;
11.4.4. submit, transmit or upload any Content which contains viruses, worms, trojan horses, time bombs, cancelbots or any other harmful, damaging or destructive programs;
11.4.5. post advertisements or solicitations of business; and/or
11.4.6. impersonate another person.
11.5. We are not responsible for your User Content, including protecting it from other people. This means that if someone else gets your User Content from these Sites and/or the Services and uses it for any purpose (including but not limited to selling the User Content), we are not responsible or liable for this activity and you will not require us to stop such use of your User Content. Notwithstanding the foregoing, we may remove your User Content from these Sites and/or the Services at any time, without notice and at our absolute discretion. We make no warranty that your User Content or any part thereof will be utilised on these Sites (or any Services) or if so utilised, will continue to be available for any particular period of time.
11.6. We do not endorse any User Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability (whether in contract, tort, misrepresentation, negligence, strict liability, statute or otherwise) in connection with all User Content. We do not permit copyright infringing activities or the infringement of other intellectual property or proprietary rights on these Sites and/or the Services. We also reserve the right to decide whether any Content (including any User Content) is appropriate and complies with this Agreement. We will remove any Content (including any User Content) if properly notified that such Content infringes a third party's intellectual property or other proprietary rights. We may remove any User Content and/or suspend or terminate a user's access to these Sites and Services if such user is in violation of this Agreement or violates any third party's intellectual property or other rights, without notice and at our absolute discretion.
11.7. You acknowledge that when using these Sites and/or the Services, you may be exposed to third party Content (including User Content) from a variety of sources, and that we are not responsible for the accuracy, usefulness, suitability, reliability, quality, safety, completeness or intellectual property rights of or relating to such Content.
11.8. You further acknowledge that you may be exposed to Content (including User Content) which may be illegal, defamatory, inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us or any of the Relevant Persons with respect thereto, and agree to indemnify and hold us and all Relevant Persons harmless in respect of all matters related to your use of these Sites, the Services and/or the Content therein.
11.9. The use of these Sites, the Services and/or the Content therein is subject to any instructions, notices and directions which may be issued by the relevant Regulatory Authority or us from time to time.
12.1. You acknowledge and agree that your use of the Services and Equipment is your sole responsibility, is solely at your own risk and is subject to all applicable laws and regulations.
12.2. If you use the Services and/or Equipment outside Singapore, you will be solely responsible for (i) procuring all necessary consents and approvals, and (ii) complying with all applicable laws and regulations pertaining to such use. We reserve the right to immediately suspend or terminate your Services if we determine, in our absolute discretion, that you have used or are using the Services and/or Equipment in violation of any applicable law or regulation.
12.3. Your service provider or other third party may intentionally or inadvertently block the communications, services or networks (including Foreign Networks) over which the Services are provided or otherwise impede the usage of the Services. You acknowledge and agree that we are not responsible for any such blocking by your service provider or any third party, or any other impediment to your usage of the Services or Equipment, and any loss of service which may result. We make no warranty that the Services and Equipment will be compatible with all communications, services and networks (including Foreign Networks) and expressly disclaim any express or implied warranties regarding the compatibility of the Services and Equipment with any particular communication, service or network (including any particular Foreign Network).
12.4. The Services, Sites, Software and Equipment may not be compatible with certain computers, devices, hardware, software or networks (including Foreign Networks). You are solely responsible for ensuring the compatibility of the Services, Sites, Software and Equipment with any computers, devices, hardware, software or network (including Foreign Networks) which you may use, and we will not be responsible for any failure, disruption or interference in the Services, Sites, Software or Equipment, or any failure in or disruption or damage to any computer (or as the case may be, device, hardware, software or network) which may arise from your use of the Services, Sites, Software or Equipment in conjunction with such computer (or as the case may be, device, hardware, software or network).
12.5. You must ensure that any computers, devices, hardware, software or networks connected to or used with the Services, Sites, Software and Equipment is connected and used in accordance with any applicable instructions, safety and security procedures applicable to the use of such computers (or as the case may be, devices, hardware, software or networks) or as may be specified by us.
12.6. You are responsible for ensuring your computers, laptops, devices, hardware, software and networks meet such minimum system requirements for the Services, Sites, Software and Equipment as may be stipulated by us, and that they are compatible and may properly function and inter-operate with the Services, Sites, Software and Equipment. We will not be liable for any computer, laptop, device, equipment, hardware, Software, Services or network failure or performance degradation resulting from the non-compliance with such requirements as may be determined by us from time to time. You acknowledge and accept that certain computers, laptops, devices, hardware, software and networks are not supported by the Services, Sites, Software or Equipment.
12.7. You acknowledge and agree that it is your sole responsibility to back up and make archival copies of all Content accessed or stored via these Sites and/or the Services, and all data, software, emails, files and other information stored on your computer disks, devices and/or drives. We will not be responsible to you or any other parties for any corruption, loss, destruction, deletion or alteration of any such Content, data, software, emails, files and other information.
12.8. You further acknowledge and agree that it is your sole responsibility to procure and maintain such power supply, access and connection to public internet lines and public mobile and switched telephony networks and such other facilities as may be necessary for your access to and use of the Services.
12.9. We reserve the right to access and monitor the Content accessed, transmitted or created through or using the Services, Sites or Equipment to the extent necessary to maintain security, public order or ensure compliance with the relevant terms and conditions, laws and regulations.
12.10. We reserve the right to delete or purge the Content, your contact information, files and any other data contained in or accessed through the Services or Sites upon the cessation of your use of the Services and/or your account.
12.11. If your account is inactive for more than six (6) months, we reserve the right to suspend or terminate your account and/or your access to the Services.
12.12. You must not attempt to hack or otherwise disrupt the Services or Sites, or make any use of the Services or Sites that is inconsistent with their intended purpose.
13.1. You are solely responsible for the use of these Sites and/or the Services under your account(s) and for any Content stored in or disseminated through your account(s).
13.2. You are required to:
13.2.1. provide accurate and complete information to us and inform us immediately of any changes in any particulars or information given to us in your application for the Services including but not limited to any changes in address and/or contact particulars;
13.2.2. comply with all applicable laws, rules and regulations and any requirements or restrictions which we, other service providers or any of the Regulatory Authorities may impose on the use of these Sites and/or the Services from time to time;
13.2.3. comply with all applicable laws, rules and regulations and any requirements or restrictions governing the use of any products and services, including any websites, Software and Equipment, which you may use to access or use these Sites and/or the Services from time to time;
13.2.4. comply with all instructions, notices or directions issued by us; and
13.2.5. take all reasonable steps to prevent fraudulent, improper or illegal use of these Sites and/or the Services.
13.3. You must not use or allow any part of these Sites and/or the Services to be used:
13.3.1. to store, transmit or post any Content which may be defamatory, offensive, indecent, objectionable or illegal, or which may cause annoyance, harassment, irritation, inconvenience or anxiety to anyone. This includes transmitting or posting "junk mail", "spam", "chain letters", "solicitations" (commercial or non-commercial) or distributing mail to any party who has not given permission to be included in the distribution;
13.3.2. to transmit or post any Content which may give rise to civil liability or otherwise violate any applicable laws, rules or regulations;
13.3.3. to transmit any Content that contains viruses, worms, trojan horses, time bombs, cancelbots or any other harmful, damaging or destructive programs;
13.3.4. to make or attempt any unauthorised access to any part or component of the Sites, Services, our network or any third party systems or networks which you can access or connect to through the Services directly or otherwise;
13.3.5. to disrupt the various networks that are connected to these Sites and/or the Services or violate the regulations, policies or procedures of such networks;
13.3.6. to collect and/or disseminate information about others or their email addresses or other contact information without their consent;
13.3.7. for any fraudulent, illegal or improper purposes or to violate anybody's rights or in any way which may affect other users' enjoyment of or access to any service or cause annoyance, harassment, irritation, inconvenience or anxiety to anyone;
13.3.8. in any manner or for any purpose which may constitute a violation or infringement of the rights of any party including but not limited to their intellectual property or confidentiality rights; and
13.3.9. to be resold or otherwise provided to third parties without our prior written consent, whether for profit or not.
13.4. You agree that:
13.4.1. all Content stored, transmitted or made available via these Sites and/or the Services, are the sole responsibility of the person from which such Content originated;
13.4.2. we will not be liable in any way for any third party Content, products or services which you may access, store, use or acquire via these Sites and/or the Services;
13.4.3. you are solely responsible for all Content that you store, transmit or make available via the Services or on any website;
13.4.4. we do not control any third party Content, products or services which you may access, store, use or acquire through the Services or the Sites, and we do not endorse or guarantee the accuracy, suitability, reliability, integrity, legality or quality of such Content, products or services;
13.4.5. by using these Sites and/or the Services, you may be exposed to third party Content that may be defamatory, offensive, indecent, objectionable or illegal;
13.4.6. we may, at our discretion, remove or modify any Content (which you store, transmit or make available via the Services or on any website) that may be defamatory, offensive, indecent, objectionable or illegal or may have infringed any party's intellectual property rights, without notice or liability to you;
13.4.7. we may, at our absolute discretion, deny access to or remove any third party Content, products or services that may be defamatory, offensive, indecent, objectionable or illegal or may infringe/have infringed any party's intellectual property rights, without notice or liability to you; and
13.4.8. without prejudice to Clause 13.4.7 above, we may, at our discretion, remove, modify, suspend or terminate any third party Content, products or services which you may access, store, use or acquire via these Sites and/or the Services, without notice or liability to you,
and we will not be liable to you or any third party under any of the paragraphs set out in this Clause 13.4.
14.1. We may, at our absolute discretion, decline to provide CNND in conjunction with the Services.
14.2. If we provide you with any CNND in respect of your mobile number, you acknowledge and agree that:
14.2.1. you may not be able to access certain services using your mobile number, if such services require a Caller ID to be shown;
14.2.2. the availability or functionality of the CNND for Overseas Calls is dependent on the relevant Foreign Network; and
14.2.3. we make no warranty that the CNND will be available and error-free for all Overseas Calls, and we will not be responsible for any failure in the CNND for any Overseas Calls.
15.1. The Services are provided to you solely for your own use. You must not resell or transfer the Services or the Software to third parties without our prior written consent, whether or not for profit or otherwise. We reserve the right to immediately suspend or terminate your account and/or access to the Services if we determine, in our absolute discretion, that your use of the Services is inconsistent with any usage guidelines provided by us.
16.1. We may add, delete or disable Content, the Sites or Services, and/or add, delete, disable or modify some or all of these Sites, the Content therein and/or the Services, 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 these Sites, 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 these Sites. We may also impose limits on the access to and/or use of certain features or portions of these Sites and/or any Content or Services at any time, without notice and at our absolute discretion.
16.2. We may, at any time and without any notice, temporarily suspend these Sites (or any Content therein or Services) for operational reasons such as repair, maintenance, upgrade or improvement of these Sites (or the affected Content or Services) or because of an emergency. We may also modify these Sites, any Content or any Services in order to keep pace with the prevailing demands and technological developments, at any time, without notice and at our absolute discretion.
17.1. We may, without liability, terminate any Services or this Agreement by giving you at least seven (7) days' notice.
17.2. If the Services or this Agreement are/is terminated pursuant to Clause 17.3.1, 17.3.2, 17.3.3 or 17.4 below, you will compensate us for any damages or losses we may suffer because of the termination and the events resulting in or leading up to the termination.
17.3. In the event of any of the following:
17.3.1. you breach any of the terms and conditions of this Agreement or any other agreement you have with us;
17.3.2. you provide incorrect, false or incomplete information to us, or refuse to provide us with such information as we may request in accordance with this Agreement within such time as we may specify;
17.3.3. if you are likely to create imminent harm (such as interruption, disruption, congestion, signal leakage and any Unauthorised Act) to our network or any third party's networks or systems, the Sites or the Services, or defraud us, or are likely to create imminent harm or are abusive to our personnel;
17.3.4. the requirements of any relevant Regulatory Authority result in us having to stop providing the Services or to provide the Services in a manner which is unacceptable to us; or
17.3.5. for any reason beyond our control (including loss of any licence, requirements of any governmental or Regulatory Authority or orders by the court and cessation or failure to deliver by a third party supplier) we are unable to provide the Services,
we may immediately suspend or terminate all or any part of the Sites and Services or terminate this Agreement upon notice to you without compensation and without prejudice to our rights to damages for any antecedent breach by you of this Agreement.
17.4. In the event that we suspect that you are using or allowing the Sites or Services to be used for fraud, misconduct or any other illegal or improper purpose, we will refer this to the relevant authorities without notice to you and comply with directions or guidelines issued by them without further reference to you.
17.5. If this Agreement or the Services is/are terminated:
17.5.1. all sums due, accruing due or payable to us in respect of the Services, up to the date of termination (including late payment charges) will, upon the termination, become immediately due and payable to us. There will be no refund of any Charges paid to us or Credits purchased from us; and
17.5.2. we will not be responsible for any Content stored under the terminated account. We may, in our discretion, delete your Content (including any contact information) without notice or liability to you.
17.6. The termination of this Agreement will not affect any accrued rights or remedies of either party against the other party.
18.1. In the absence of fraud or manifest error, all our records of all matters relating to these Sites, the Content therein and/or the Services are conclusive evidence of the accuracy, completeness and truth of all matters stated therein.
18.2. Our decision on all matters relating to these Sites, the Content therein and/or the Services will be final and conclusive.
19.1. You agree to defend, indemnify and hold us and all Relevant Persons harmless from and against any and all losses, damages, costs (including legal costs), expenses, claims, demands, proceedings and other liabilities arising from:
19.1.1. your use of and access to these Sites, any Content therein and/or any Services; and/or
19.1.2. your fraud, misrepresentation, negligence or breach of this Agreement.
19.2. This Clause 19 shall survive the termination of this Agreement and/or the cessation of your use of these Sites, any Content therein or the Services.
20.1. THESE SITES, THE CONTENT THEREIN AND THE SERVICES ARE PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS. YOU AGREE THAT YOUR USE OF THESE SITES (OR ANY CONTENT OR SERVICES) WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND ALL OTHER RELEVANT PERSONS EXPRESSLY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES IN CONNECTION WITH THESE SITES (OR ANY CONTENT OR SERVICES) AND YOUR USE THEREOF, INCLUDING WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE AND ALL OTHER RELEVANT PERSONS MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, USEFULNESS, SUITABILITY, RELIABILITY, QUALITY, SAFETY OR COMPLETENESS OF THESE SITES' CONTENT OR THE SERVICES AND ASSUME NO LIABILITY FOR (I) ANY ERRORS, MISTAKES, OR INACCURACIES IN ANY CONTENT OR SERVICES, (II) ANY HARM, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THESE SITES OR ANY CONTENT OR SERVICES, (III) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THESE SITES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THESE SITES OR SERVICES BY ANY THIRD PARTY, (VI) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF ACCEPTANCE OR REJECTION OF YOUR ORDER AND/OR (VII) ANY ERRORS OR OMISSIONS IN ANY SITES, CONTENT OR SERVICES OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THESE SITES OR ANY SERVICES, EVEN IF THE FOREGOING WERE CAUSED BY OUR WILFUL, RECKLESS OR NEGLIGENT ACT, OMISSION AND/OR DELAY. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME ANY LIABILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THESE SITES, ANY SERVICES OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE LIABLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
20.2. Without prejudice to the foregoing, we will not be liable for any delay or failure to provide any of the Services, Sites or any Software, or any interruption or degradation in quality of any of the Services, Sites or Software which may arise from the following:
20.2.1. an act or omission of an underlying carrier, service provider, vendor or other third party;
20.2.2. any Equipment, computer, device, hardware, network or facility failure;
20.2.3. any Equipment, computer, device, hardware, network or facility upgrade or modification;
20.2.4. force majeure events such as (but not limited to) acts of God, acts of nature, strikes, fire, war, riot, acts of terrorism and governmental actions;
20.2.5. any Equipment, computer, device, hardware, network or facility shortage;
20.2.6. any Equipment computer, device, hardware, network or facility relocation;
20.2.7. any Equipment, service, computer, device, hardware, network or facility failure caused by the loss of power or mobile coverage to you;
20.2.8. any outage of, or blocking of communications by, your service provider, any third party or other impediment to usage of the Services caused by any third party;
20.2.9. any act or omission by you or any person using the Services or the Software;
v20.2.10. any third party's service, computer, hardware, software, network or facility (including but not limited to any non-availability of or incompatibility with any Foreign Network); or
20.2.11. any other cause that is beyond our control, including, without limitation, a failure of or defect in any software, the failure of an incoming or outgoing communication, the inability of communications to be connected or completed, or forwarded.
20.3. WITHOUT PREJUDICE TO ANY OTHER PROVISIONS OF THIS AGREEMENT, IN NO EVENT WILL WE OR ANY OTHER RELEVANT PERSON BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSSES, COSTS OR EXPENSES WHETHER BASED ON MISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY, CONTRACT, TORT, STATUTE OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE (OR SUCH OTHER RELEVANT PERSON) ARE/IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, COSTS OR EXPENSES, EVEN IF SUCH DAMAGES, LOSSES, COSTS OR EXPENSES WERE CAUSED WILFULLY, RECKLESSLY OR NEGLIGENTLY. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
20.4. WITHOUT PREJUDICE TO CLAUSES 20.1 TO 20.3, IN NO EVENT WILL WE OR ANY OTHER RELEVANT PERSON BE LIABLE (WHETHER IN MISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY, CONTRACT, TORT, STATUTE OR ANY OTHER LEGAL THEORY) FOR ANY OF THE FOLLOWING:
20.4.1. ANY LOSS OF PROFITS, REVENUE, BUSINESS, ANTICIPATED SAVINGS OR GOODWILL;
v20.4.2. ANY INTERRUPTION, DISRUPTION TO OR DETERIORATION IN THE QUALITY, RELIABILITY OR ACCURACY OF ANY OF THE SITES AND SERVICES;
20.4.3. ANY TECHNICAL ISSUE WHICH MAY ARISE FROM OR IN RELATION TO ANY EQUIPMENT, SOFTWARE, DEVICES OR HARDWARE THAT YOU MAY USE TO ACCESS THE SERVICES OR SOFTWARE;
20.4.4. ANY FAILURE, LOSS/LACK OF FUNCTION OR PERFORMANCE DEGRADATION IN ANY APPLICATION, COMPUTER, LAPTOP EQUIPMENT, DEVICE OR OTHER EQUIPMENT OR SOFTWARE USED BY YOU AS A RESULT OF OR IN THE COURSE OF YOUR ACCESS TO OR USE OF THE SERVICES OR SOFTWARE;
20.4.5. ANY LOSS, ALTERATION, OR CORRUPTION OF ANY CONTENT, DATA, FILES, INFORMATION AND/OR SOFTWARE AS A RESULT OF OR IN THE COURSE OF YOUR ACCESS TO OR USE OF THE SERVICES OR SOFTWARE; AND
20.4.6. ANY VIRUSES, WORMS, TROJAN HORSES, TIME BOMBS, CANCELBOTS OR ANY OTHER HARMFUL, DAMAGING OR DESTRUCTIVE PROGRAMS WHICH MAY BE TRANSMITTED TO OR DOWNLOADED ONTO YOUR COMPUTER, LAPTOP EQUIPMENT, DEVICES OR ANY EQUIPMENT OR SOFTWARE USED BY YOU, AS A RESULT OF OR IN THE COURSE OF YOUR ACCESS TO OR USE OF THE SERVICES OR SOFTWARE,
EVEN IF THE AFORESAID WAS CAUSED WILFULLY, RECKLESSLY OR NEGLIGENTLY. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
20.5. WITHOUT PREJUDICE TO CLAUSES 20.1 TO 20.4, IF YOU ARE DISSATISFIED WITH THESE SITES (OR ANY CONTENT OR SERVICES) OR ANY OF THESE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR ACCESS TO AND USE OF THE SAME.
20.6. IF WE OR ANY OF THE OTHER RELEVANT PERSONS ARE LIABLE TO YOU AND WE CANNOT, FOR ANY REASON, RELY ON THE LIMITATIONS OF LIABILITY SET OUT IN CLAUSES 20.1 TO 20.5, THEN THE MAXIMUM COMBINED LIABILITY FOR DAMAGES, LOSSES, COSTS OR EXPENSES (WHETHER IN CONTRACT, TORT, NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY OR STATUTE OR OTHERWISE) WE AND/OR SUCH OTHER RELEVANT PERSONS WILL BE LIABLE TO YOU AND ANYONE ELSE IS EITHER THE REPLACEMENT OF THE SERVICE (FOR WHICH YOU HAVE PAID BUT ARE UNABLE TO USE) WITH THE SAME OR SIMILAR SERVICE OR THE REFUND OF THE CHARGES WHICH YOU HAVE PAID FOR THE SERVICE OR CREDITS WHICH YOU HAVE PURCHASED, WHICH WILL BE AT OUR ABSOLUTE DISCRETION.
21.1. You will not acquire any right in any Bounce Intellectual Property and all such property and right will remain at all times with us or our licensor(s).
21.2. You will not use or permit the use of any Bounce Intellectual Property except for the purposes contemplated by these Sites and/or the Services provided to you or as permitted by us.
22. Matters beyond Our Control
22.1. We will not be liable for any delay or failure in performance under this Agreement resulting from matters beyond our control. These include acts of God, requirements of any governmental or regulatory authority, war, national emergency, accident, fire, lightning, equipment failure, computer software or software malfunction, electrical power failure, faults, interruption, disruption or non-availability of our networks or the networks of other service providers or of your equipment or the equipment of any third party, riots, strikes, lock-outs, industrial disputes (whether or not involving our employees) or epidemics of infectious diseases.
22.2. Without prejudice to Clause 22.1, we will not be liable for any delay or failure in performance under this Agreement resulting from any delay or failure of any third party (including any supplier) to deliver, provide or grant access to any facilities, infrastructure, equipment or services.
23.1. You must not use or disclose to any person any information (other than information that is or has become publicly available) relating to any of the Sites, Services or us which is acquired from or provided by us and/or any of our employees, agents or contractors in connection with or in the course of the provision of any of the Services, except to the extent necessary to comply with law, court order or any directive of the relevant Regulatory Authority or other authorities.
24.1. Different Services may be subject to different Service Specific Terms & Conditions. Please refer to the relevant Service Specific Terms & Conditions which are accessible at the Sites before you access or use the Services. We reserve the right to amend the Service Specific Terms & Conditions at any time and without notice or liability.
24.2. If there is any conflict or inconsistency between any provision of the Service Specific Terms & Conditions and any provision of these General Terms & Conditions, such conflict or inconsistency will be resolved in a manner most favourable to us and our Affiliates. However, if such conflict or inconsistency cannot be so resolved, the provisions of the Service Specific Terms & Conditions will prevail over the provisions of these General Terms & Conditions.
25.1. No failure or delay by us in exercising or enforcing any of our rights under this Agreement or otherwise will operate as a waiver of such rights nor will such failure or delay in way prejudice or affect our right at any time thereafter to act strictly in accordance with the aforesaid rights.
26.1. This Agreement, and any rights, obligations and licenses granted herein, may not be assigned or transferred by you without our prior written consent, but may be transferred or assigned by us without restriction.
27.1. You consent to receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications which we may provide to you electronically satisfy any legal requirement that such communications be in writing. Further, you waive any rights or requirements in any jurisdiction which require an original (non-electronic) signature or the delivery or retention of non-electronic records. Without prejudice to the foregoing, notices may also be sent by us to you by post or fax to your contact details in our records.
27.2. You hereby agree to receive from us any offer and/or marketing/promotional information or notices (whether by way of letter, leaflet, pamphlet, electronic mail, phone messages or any other means of communications) relating to these Sites, or our, our Affiliates' or advertisers' businesses, products and services from time to time unless you notify us otherwise, and such information and notices shall not be considered unsolicited.
28.1. We reserve the right to amend the terms and conditions of this Agreement at any time, without notice and at our absolute discretion. Without prejudice to the generality of the foregoing, we reserve the right to change the Charges payable for the Services without notice and at our absolute discretion. Any such amendments and changes shall immediately take effect upon being posted on the Sites.
28.2. Your use of these Sites (or any Content therein) or the Services following any amendment of this Agreement, including any changes to the Charges payable for the Services, will signify your assent to and acceptance of the amendments and changes thereof. You acknowledge that you are responsible for visiting the Sites periodically to review any such amendments and changes.
29.1. This Agreement contains the whole agreement between you and us with respect to the subject matter herein and there are no agreements, understandings, promises, conditions or terms, oral or written, express or implied, including those you may issue, concerning the subject matter herein which are not merged into this Agreement and superseded thereby.
29.2. If any provision of this Agreement is held to be invalid, illegal or unenforceable (whether in whole or in part), such provision will be deemed modified to the extent, but only to the extent, of such invalidity, illegality or unenforceability and the remaining provisions of this Agreement will not be affected.
29.3. Our Affiliates may enforce this Agreement against you. Save as aforesaid, a third party has no right to rely on or enforce any term of this Agreement pursuant to the Contracts (Rights of Third Parties) Act (Cap. 53B) and the consent of any third party (including our Affiliates) is not required for the variation, rescission or termination of this Agreement.
30.1. The laws of Singapore will govern this Agreement. Any court documents, processes or judgment may be given to you in the same way as notices under this Agreement.
30.2. Any action or proceedings may be brought and enforced in the courts of Singapore or any other jurisdiction where you or any of your property may be found and you irrevocably submit to the jurisdiction of such courts in respect of any action or proceedings against or involving you relating to your use of these Sites (or any Content therein or Services) or this Agreement.
31.1. For the purposes of this Agreement, Customer Information consists of all and any information relating to you obtained by us in the course of and as a result of the provision of the Services by us, including without limitation, your use of these Sites and/or the Services and your personal particulars. We may also record any oral conversations between you and us for the purpose of monitoring our customer service standards.
31.2. We may use the Customer Information for the purposes of: planning, provisioning and billing for the Services; managing bad debt and preventing fraud; facilitating interconnection and inter-operability between service providers; rendering assistance to law enforcement, judicial, governmental or Regulatory Agencies and/or complying with any regulatory requirements.
31.3. Further, you also consent to our use or disclosure of the Customer Information for other lawful purposes, including without limitation, research; customer benefits and retention programme; to support your customer relationship with us.
31.4. You can at any time withdraw your consent to the use or disclosure of the Customer Information as referred to in Clause 31.3 by writing to us at the following address:
StarHub Mobile Pte Ltd
67 Ubi Avenue 1
#05-01
StarHub Green
Singapore 408942
Ref: Withdrawal of Consent to Use End User Service Information (EUSI)
Copy to: Legal Department
(You must include in your letter your full name, mobile number, user ID, NRIC/FIN/passport number, address, email address and signature.)
The use of the Services and Sites is subject to Bounce's General Terms & Conditions. If there is any conflict or inconsistency between any of the Bounce General Terms & Conditions and anything in this Policy, such conflict or inconsistency shall be resolved in a manner most favourable to us and our Affiliates. However, if such conflict or inconsistency cannot be so resolved, this Policy shall prevail.
Unless otherwise defined, all capitalised terms used in this Policy shall have the same meanings as those ascribed to them in the Bounce General Terms and Conditions.
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