CIRCLES.LIFE GENERAL TERMS & CONDITIONS

Updated: 28 June 2016

These Circles.Life General Terms and Conditions shall apply to each and all our Services in addition to any specific terms and conditions except to the extent, if any, expressly excluded in the specific terms and conditions. The Services are provided by Liberty Wireless Pte Ltd (“Liberty Wireless”, “we” or “us”) or if applicable, our wholly owned subsidiaries (collectively, the “Liberty Wireless Group of Companies”). To subscribe, use and/or access our Services, you must comply with the terms and conditions set out below. Not complying with the terms set out below may affect your enjoyment of the Services.

Based on the sole discretion of the Company, a select group of people may be invited or approved to sign up for the mobile service prior to commercial launch. The trial may include special promotions for a limited time as determined by the Company. The quality of the experience for the trial users may not be guaranteed and in any case may be inferior to the quality of service post the commercial launch.

SUMMARY

I. Eligibility
II. Payment, Charges, Pre-Payment and Deposit
III. Your Responsibilities
IV. Security and Operating the Service
V. Inappropriate or Infringing Content and Third Party Content and Hyperlinks
VI. Service, Equipment and Software
VII. Suspension and Termination
VIII. Intellectual Property Rights, Service Numbers and Other Rights
IX. Customer Liability and Indemnity
X. Exclusion and Limitation of Liability of Liberty Wireless
XI. Conclusiveness of Records
XII. Personal Data & Customer Information
XIII. Confidentiality
XIV. Governing Law and Dispute Resolution
XV. Specific Provisions With Respect To The Sale And Supply Of Goods Act
XVI. No Adverse Inference
XVII. Assignment
XVIII. Amendments
IXX. No Waiver
XX. Severability
XXI. Inconsistency
XXII. Force Majeure
XXIII. Third Party Rights
XXIV. Notices and Correspondence
XXV. Telecommunications Act
XXVI. Definition and Interpretation

I. Eligibility


For the purposes of these Circles.Life General Terms and Conditions, you are a Minor if you are less than 18 years old.

You are eligible for our basic post-paid services (excluding international telephone services, roaming services and any other services as Liberty Wireless deems fit in its discretion) provided you are at least 16 years old.

Liberty Wireless reserves the right to require a guarantor prior to offering any Services to Minors.

We may decline acceptance of your application at our discretion.

 

II. Payment, Charges, Pre-Payment and Deposit


In compliance with the applicable provisions of the Telecoms Competition Code and Media Code, Liberty Wireless may determine and impose Charges, fees, and any other billing and payment terms by providing prior notice to the Customer, such that any variation or revision of any of the terms set out above shall take effect as from the date determined by Liberty Wireless.

We will bill you monthly or more frequently if your usage exceeds or is likely to exceed your credit limit. 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.

Your bill will reflect the Charges based on the terms and conditions of the Services provided to you. We may, at our discretion, authorize any entity within the Liberty Wireless Group of Companies to issue bills and collect payment of Charges on our behalf.

Unless otherwise stated, all Charges payable are exclusive of any stamp duty, value added, goods and services or similar taxes or duties and government charges (“Taxes”). You shall be solely liable and shall pay and indemnify Liberty Wireless in respect of all applicable Taxes. If any deduction or withholding for or on account of Tax is imposed by Applicable Laws (or the laws of any jurisdiction outside Singapore) in respect of any payment due to us, such deduction or withholding shall be solely borne by you and the amount payable to us shall be increased by such amount so deducted or withheld as is necessary to ensure that we receive payment equal to the amount which we would have received in the absence of such deduction or withholding.

Without prejudice to the third Clause of the section entitled “Payment, Charges, Pre-Payment and Deposit” you will only be charged for the Services that you have subscribed to, ordered, used or as stipulated in accordance with the Agreement.

You must specify which Services under your bill you are making payment for if you have subscribed to more than one of the Services. In the event you do not identify the Services for which payment has been made, we reserve the right to allocate or apply any payment you make towards any outstanding amount for any Services in such manner, priority, order and proportion, as we deem appropriate.

Your account balance is due on the due date as stated in our invoice (“Date of Bill”). You are required to pay your bill by the Date of Bill.

If you choose to contest any Charges that you have paid, you have one (1) year to do so from the date of our invoice or the date on which the Charges were deducted or paid. An administrative charge may be imposed for retrieving any record in relation to the disputed Charges. Your notification to us of your dispute or contest of any Charges should include the following information:

  1. Reasons why you are disputing the relevant Charges; and
  2. The amount in dispute.

We shall respond to you in writing within thirty (30) days from the date we receive your notification of dispute.

Upon the resolution of 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.

In the event both parties are unable to resolve any dispute, they may:

  1. Refer the matter to the Small Claims Tribunal (SCT), if the matter is within the SCT’s jurisdiction;
  2. Jointly submit the dispute to arbitration in Singapore; or
  3. Submit the dispute to any court of Singapore.

If you have more than one account with us, we may transfer any credit balance under one account to another to settle any outstanding Charges.

You will be liable for legal costs on a full indemnity basis incurred should we claim against you for non-payment of any unpaid or outstanding Charges, or where we are entitled to legal costs under the Agreement.

We may, at our discretion, allow payment for Services to be made via credit card or debit card (Payment Method). You must inform us immediately in writing if your credit card or debit card is lost, stolen, expired, terminated, or if you intend to terminate payment via credit card or debit card. The termination of your Payment Method will only be effected when the message stating the credit card/debit card deduction is no longer reflected in your bill.

We will not be liable to you in any way if we are unable to make the deduction or settlement with your bank or card company, and you must make the requisite arrangements for the payment of outstanding Charges immediately, together with any applicable administrative fees and/or processing fee (including any Taxes) for the failed transaction.

We may apply a credit limit for Charges incurred under any of your accounts. Services may be suspended in the case of non-payment or if this limit is exceeded.

We may require you to provide a prepayment or a deposit in respect of the Services. The deposit could be used to offset, including but not limited to, any outstanding Charges under any of your accounts.

Subject to the above, your deposit will be returned to you without interest after you terminate the Agreement and settle all outstanding Charges or claims brought by us if you have breached the Agreement. Any refund shall, at Liberty Wireless’ discretion, be remitted to any credit card details that you may have provided to us. It is your responsibility to ensure that you keep us updated in the event of any material changes to your credit card details.

We may require you to increase the deposit from time to time. A deposit does not relieve you of your obligations to pay any Charges, nor does it constitute a waiver of our rights to suspend or terminate any Services or the Agreement due to non-payment of any outstanding Charges.

III. Your Responsibilities


You are responsible and required to:

  1. Comply with the terms of our Agreement. For the purposes of these Circles.Life General Terms and Conditions, Agreement means the agreement for the supply of Services made between you and Liberty Wireless Pte. Ltd or if applicable, our wholly owned subsidiaries (collectively, the Liberty Wireless Group of Companies) which comprises one or more completed application forms, these Liberty Wireless General Terms and Conditions, 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 Liberty Wireless; and for the purposes of the Clause entitled “Specific Provisions With Respect To The Sale And Supply Of Goods Act“ herein, Agreement refers to an agreement between any entity comprising the Liberty Wireless Group of Companies and you in relation to the sale and supply of Goods;
  2. Comply with Liberty Wireless’ policies and procedures concerning the Services which may be notified to you and amended by us from time to time;
  3. Be responsible for the use of the Services under your accounts (including by users of the accounts whether authorized or unauthorized) and for any content which is disseminated through your accounts, even if you have lost your mobile phone/SIM card or the same is not in your possession; and you shall further 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;
  4. Use the Services for lawful purposes only and in accordance with these Circles.Life General Terms and Conditions, 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 or otherwise (Applicable Laws);
  5. Engage with any entity comprising the Liberty Wireless 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 Liberty Wireless Group of Companies, whether through the use of the Services or otherwise;
  6. Be solely responsible for all content which you transmit or make available via the Services or on any website; and
  7. 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.

You shall not allow the Services (whether wholly or in part), or any mobile or fixed numbers as the case may be:

  1. To be resold, distributed, provided, sub-licensed or otherwise offered in any manner whatsoever, to any third party whether for profit or not without our prior approval in writing;
  2. To be modified, altered or otherwise tampered with without our prior approval in writing;
  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 or access to any Services or cause irritation, annoyance, disturbance, embarrassment, nuisance, harassment, inconvenience or anxiety to anyone;
  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 the systems or networks of other persons;
  5. To disrupt or undermine the security of the various networks and systems that are connected to the Services;
  6. To collect and/or disseminate information about others or their email addresses without their consent;
  7. 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;
  8. 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. To forge or misrepresent message headers, whether in whole or in part, to mask the originator of the message or employing any other method to disguise or mislead any use name or the source or quantity of the emails transmitted;
  10. 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;
  11. To be used for any activity which would or is likely to generate Network traffic in excess of reasonable and normal usage;
  12. To cause a situation whereby other users are affected in their enjoyment and/or use of the Services, including but not limited to using the Network capacity in an excessive manner;
  13. To be used to transmit or distribute or broadcast any bulk emails or spam unless otherwise permitted under Applicable Laws, or to transmit or distribute or broadcast any commercial advertisements or marketing messages in a significant or voluminous manner, without Liberty Wireless’ prior approval in writing or unless an appropriate service bundle has been subscribed to;
  14. To be used for any purpose that is against public interest, public order, national harmony or offends against good taste or decency; To be used for any Unauthorized Acts; and
  15. To be used in breach of any Applicable Laws.

You acknowledge and agree that the restrictions contained in this Clause are considered reasonable and necessary for the operation, management and maintenance of the Network.

IV. Security and Operating the Service


You are responsible for the security of your account information, including without limitation your username, 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.

In the event of any compromise in the security of your passwords and/or PIN, you must inform us immediately and change the compromised passwords and/or PIN. 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.

We reserve the right to refuse, change or remove your username, passwords and/or PIN and we will notify you in the event of such refusal, change or removal. We shall not exercise our rights in this sub-clause unreasonably.

If at any time you request for us to reset your password, subject to the Clause entitled “Personal Data Customer Information“ below you shall forthwith after ascertaining that your password has been reset, change such password to a new password.

Although we will, where necessary, employ reasonable user authentication measures to identify you in our dealings with you, you acknowledge that such measures may not be fool proof and accordingly, we will not be responsible for any disclosure of your account information to any person as a result of any illegal, improper, unlawful or fraudulent activity, or arising from any false pretence employed on Liberty Wireless.

We may need to verify the accuracy of the information you submit (including performing cross tabulations with external databases and information) and you agree to our verification of such information.

We may with or without notice to you, without any liability to you or any third party:

  1. Do certain things which may affect all or a part of the Services, including interrupting or suspending any part or all of the Services for operational reasons or because of an emergency. We will try to restore the affected Services as quickly as we can and by such means as we deem appropriate;
  2. Undertake any search or scan of your Content/data and system for such maintenance, security or policing purposes as we deem appropriate;
  3. Undertake network management and maintenance, which may affect all or any part of the Services;
  4. Manage and control access to the Network, notwithstanding that such access is a requirement or constitutes part of the Services; and
  5. Manage and control access to any data stored in the Network whether belonging to, provided, or stored by you or otherwise, notwithstanding that such access and storage of such data is a requirement or constitutes part of the Services.

V. Inappropriate or Infringing Content and Third Party Content and Hyperlinks


The Customer shall strictly comply with:

  1. All Applicable Laws relating to the Services including without limitation the Telecommunications Act, Code of Practice for Competition in the Provision of Telecommunication Services, Films Act, Computer Misuse Act, Penal Code, Copyright Act, Spam Control Act, Undesirable Publications Act, Singapore Broadcasting Authority Act, Indecent Advertisements Act, Public Entertainments Act, Common Gaming Houses Act, Maintenance of Religious Harmony Act, Trade Marks Act and Official Secrets Act (see: http://statutes.agc.gov.sg); and
  2. The Internet Code of Practice, any regulations, guidelines, instructions, etc. in whatsoever form that the Media Development Authority may issue from time to time relating to the Services or otherwise.

We may in appropriate circumstances and in our absolute discretion and without notice to you, remove or disable access to any material or content, including where we have reasonable grounds to believe that such material or content, is or may be infringing the intellectual property rights of Liberty Wireless or any other third party, or where we receive a written notice from or on behalf of any third party copyright owner in the prescribed form and manner set out in the Copyright Act (Cap.63) (Take-down Notice). We reserve the right to terminate or temporarily disable or disconnect the Services without prior notice to you until the matter is satisfactorily resolved. A full explanation for and of this Take-down Notice procedure can be found at http://www.circles.life/static/terms/copyright. The Copyright Act can be viewed at: http://statutes.agc.gov.sg.

Where any material or content made available by you is removed or disabled by us, we will expeditiously take reasonable steps to notify you after the removal or disabling of access to such material or content, and where such removal or disabling is done in reliance of a Take-down Notice, we will provide you with a copy of the Take-down Notice. If you disagree with our actions, you may send a counter-notice to us in the prescribed form and manner and within the prescribed time period set out in the Copyright Act (Cap.63).

Upon receipt of such counter-notice, we will take reasonable steps to restore or enable access to such material or content, provided it is technically and practically feasible to do so, and within the time period stipulated in the Copyright Act (Cap. 63), unless court proceedings are commenced by the copyright owner or under the owner’s authority, to prevent the restoration, or enabling of access to such material or content and we are informed in writing of such court proceedings.

You acknowledge that Liberty Wireless shall have the right (but not the obligation) to monitor any and all transmissions via our Services and you agree that Liberty Wireless may, at our discretion, delete or modify or deny access to any content in the event that such content is found to be indecent, defamatory, objectionable, offensive, in violation of any Applicable Laws or in infringement of any intellectual property rights.

You acknowledge that your access and/or use of our Services and content may also include hyperlinks to websites that are owned or operated by third parties. Such third party websites are not within Liberty Wireless’ ability to monitor or under Liberty Wireless’ control. You agree and accept that you access and/or use our Services and content at your sole risk and Liberty Wireless cannot accept responsibility for the contents of or the consequences of accessing any such third party websites or any link contained in such websites. Such hyperlinks shall not be construed as an endorsement or verification of such third party websites or the contents found therein by Liberty Wireless. You further agree that your access to and/or use of such third party websites is subject to any terms and conditions of access and/or use of such third party websites as may be applicable.

VI. Service, Equipment and Software


You must obtain and maintain at your own name and expense all necessary Equipment to access and use the Services. You shall:

  1. Be responsible for safe, legal and authorized use of all Equipment and ensure that all Equipment used by you to access the Services must be approved by the relevant regulatory authority or any party authorized by the relevant regulatory authority to do so and meet the relevant standards;
  2. Promptly comply with all instructions, notices or directions issued by us or the relevant regulatory authority in respect of the installation, use or operation of the Equipment;
  3. Not use or permit the use of any Service or install, connect, link or use (or permit the installation, connection, linking or use) of any telecommunications or broadcasting equipment in contravention of any Applicable Laws or the Agreement or in any manner or in connection with or for the purposes of any activities which would or may cause any irritation, annoyance, embarrassment, harassment, disturbance or nuisance of any kind whatsoever to or otherwise be prejudicial to the interests of any person (including any Liberty Wireless Group of Companies) or which would disrupt the provision or operation of any telecommunications service or broadcasting service by the Liberty Wireless Group of Companies, M1 or other licensees of IDA or of MDA;
  4. Without the prior written consent of Liberty Wireless, use, or permit any Service to be used, in any way to directly or indirectly carry or transmit (or facilitate the carriage or transmission) of any message, data or information which does not belong to or originate from the Customer, for the purpose of telecommunications or facilitating telecommunications between any person(s) who are not the Customer, for the purpose of (or in conjunction with) the marketing, sale or provision of any telecommunications service or facility to any person or for the purpose of re-selling any Service;
  5. Use or permit any Service or any telecommunications equipment or broadcasting equipment to be used in any manner or for any activity whatsoever which generates or is likely to generate telecommunications traffic or usage which causes or is likely to cause congestion in or disruption to the provision or operation of any telecommunications service by Liberty Wireless or other licensees of IDA, without the prior written consent of Liberty Wireless; and
  6. Be responsible for ensuing all equipment and software used by you are compatible and may properly function and operate with the Services and/or the Equipment that we provide or sell to you.

We may provide or sell the Equipment to or for you under a separate agreement. The provision or sale of any Equipment is subject to stock availability and in accordance with the sales and promotions available by Liberty Wireless from time to time.

Unless otherwise agreed in writing, we will not be responsible for any equipment not provided by or purchased from us. We will also not be responsible for any loss or damage caused by or as a result of use of such equipment, whether in conjunction with the Services or not.

Unless specifically agreed in writing, any and all defects, faults or failure in or of any Equipment sold to you 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. If you make any claim under the manufacturer’s warranty for any Equipment, you must provide original proof of purchase of the Equipment from Liberty Wireless. We will not be responsible for any Equipment sold or any related hardware or Software comprised therein, or nay loss or damage caused by or as a result of the use of such Equipment, hardware or Software, whether in conjunction with any Services or not. All implied or statutory warranties and all other warranties implied by law as to merchantability, quality or fitness for a particular purpose, or otherwise arising from course of dealing or usage of trade or any other express or implied warranties or representations are excluded. Liberty Wireless does not warrant that any such Equipment is fault-tolerant or is designed, manufactured or intended for use for medical or any other purposes for which the failure of the Equipment could lead to death or personal injury.

We may sell or otherwise provide to you Software or you may access Software via the Services. Unless we agree otherwise, you shall, by your use and/or possession of such Software, be deemed to have accepted the following:

  1. You undertake not to copy, reproduce, translate, adapt, vary or modify the Software or to communicate the same to any third party without our/third party supplier’s written consent;
  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; and
  3. You acknowledge that any and all copyright, trademarks and other intellectual property rights subsisting in the Software and all documentation and manuals relating to the Software remain our property or the property of the third party supplier.

Any offers, promotions, discounts or other features may be added, modified, cancelled or removed by us at our sole discretion at any time.

VII. Suspension and Termination


To the fullest extent permissible under Applicable Laws, we have the discretion to terminate the Agreement or temporarily disconnect the Services for such period as we may consider appropriate without prior notice to you for the following events:

  1. If you have created or are likely to create imminent physical harm (including but not limited to interruption, disruption or congestion) to the Network; If you use, allow the use, intend on using the Services fraudulently or dishonestly;
  2. If we are acting in compliance with a requirement of any Authority, including for reason of illegal or improper activity by you;
  3. If the registered customer is deceased or has mental incapacity;
  4. If the registered customer is a corporation and ceases to carry on business; or
  5. Without prejudice to our other rights, if you repeatedly use, allow the use, intend on using the Services to cause infringement of copyright in any material, or repeatedly commit infringement of copyright in any materials on or using the Network. For the purposes of this Clause, a repeat infringer is one who has been notified by Liberty Wireless of infringing activity violations more than once, or in any event is determined by Liberty Wireless to be a repeat infringer even without such notification.

To the fullest extent permissible under Applicable Laws, we have the discretion to terminate the Agreement or temporarily disconnect the Services for such period as we may consider appropriate including but not limited to any of the following events upon written notice:

  1. If any Charges remain unpaid after becoming due. If you have more than one account with us under the same service provider, we have a right to terminate any or all of your such accounts should any Charges remain unpaid under any one of your accounts; If you commit a breach of any of the terms and conditions of the Agreement;
  2. If you become or threaten to become bankrupt or insolvent;
  3. If you make any compromise or arrangement with or assignment for the benefit of your creditors or a receiver or administrator or judicial manager is appointed over your assets or you go into either voluntary or compulsory liquidation;
  4. If you fail to pay the prepayment or deposit when requested by us;
  5. If you tamper or copy or allow any person to tamper or copy the pre-programmed data of the SIM card (applicable to mobile services);
  6. If your Charges exceed the credit limit specified by us;
  7. If any of the information provided to us or specified by you in the Agreement is found to be false or materially incorrect; or where the Charges imposed on you for the Services are based on any particular use or purpose and you utilized or allowed the Services to be utilized for any other use or purpose without first obtaining our prior written approval;
  8. If we are permitted to do so under Applicable Laws, including without limitation, in the event of our discontinuance of our operations or of any Services.

For any of the events under the paragraph above, we shall give you the basis and advance notice of the potential suspension, disruption or termination, unless you have rectified the breach and informed us accordingly, where such breach is capable of remedy.

Notwithstanding any suspension or termination aforesaid (whether pursuant to the three paragraph above), you shall, subject to Applicable Laws, remain liable for the performance of your obligations including without limitation, the payment of applicable Charges, unless otherwise agreed to in writing by us. For the avoidance of doubt, where a Service has been suspended (whether or not at the Customer’s request), the Customer shall continue to pay applicable fees and Charges in respect of that Service for the period during which the Service is suspended. In the event Services are reconnected, you shall be liable in respect of any reconnection fees that may be imposed by us.

We may at our discretion, subject to any applicable Agreement terms and any other terms which we may impose, reinstate any Services which have been suspended or terminated.

At our discretion, where any Services have been suspended or terminated, all related services and/or services which can only be provided through the suspended or terminated Services will also be suspended or terminated, as the case may be.

Unless you are bound by a contractual minimum term in the Agreement, you may terminate or suspend the Services by writing to us at [email protected] Please note that you are required to send us the termination or suspension request before 4pm two working days before the end of the current month. Otherwise this request will be taken into account on the following month only. Please note that the normal minimum term of Services is two (2) Billing Cycles (monthly process whereby the Company provides customers with a statement of their outstanding charges) and any termination will be effective from the following monthly Billing Cycle. In the event you terminate the Services or port out before the end of a monthly Billing Cycle, you will have to pay the applicable charges for the remainder of the Billing Cycle. For avoidance of doubt, this Clause shall not apply to any Agreement concerning handset contracts.

Please note that Suspension charges will apply for the period of time you suspend your account. These charges can be revised by the Company without prior notice. Please note that the maximum duration of suspension is 12 months and it can only be initiated after the minimum term in the Agreement. Please note that you will be charged for the entire Suspension duration and the relevant charges associated with the Suspension will be deducted upfront.

Note that Suspension cannot start midway through a month and will only apply from the start of the following billing cycle.

Once the Suspension period as defined by the Customer is over a minimum contract term period will apply during which initiating another suspension will not be possible.

Termination by either party will be without prejudice to any then existing rights and/or claims that we may have against you, and you will still have to fulfil your obligations including payment of all outstanding Charges, including but not limited to, administrative and legal charges and prescribed early termination charges, prior to the date of termination.

Our rights to claim losses and damages and/or any other rights and reliefs as may be available to us at law or in equity are strictly reserved.

Application for new accounts shall be subject to full payment of all outstanding Charges in all accounts, including but not limited to, overdue charges and any administrative and legal charges billed to those accounts terminated under the two first paragraphs of this section entitled “Suspension and Termination” or otherwise.

VIII. Intellectual Property Rights, Service Numbers and Other Rights


You will not acquire any rights in any and all Liberty Wireless intellectual property and all such property will remain at all times with us or our licensor(s).

You will not use or permit the use of any intellectual property of Liberty Wireless except for the purposes contemplated by the Services provided to you or as permitted by us.

Notwithstanding any payment which may have been made by you or the duration of your use, you acquire no ownership, rights to or interest in any mobile or fixed service number. We reserve the right to terminate, change, re-assign or replace any mobile or fixed service number at our discretion without being liable to you for any damages or losses suffered.

Notwithstanding any payment which may have been made by you or the duration of your use, you acquire no ownership, rights to or interest in any mailbox number, the user interface, internet protocol address, domain name, circuit reference or any codes assigned to you by us. We reserve the right to change or re-assign the same to you at our discretion without being liable to you for any damages or losses suffered.

IX. Customer Liability and Indemnity


You shall indemnify us, any Liberty Wireless Group of Companies, and their respective employees, directors and agents against all claims that anyone threatens or makes against us or any of the Liberty Wireless Group of Companies relating to your use of the Services, or due to your breach, negligence, act or omission. 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, Liberty Wireless 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.

X. Exclusion and Limitation of Liability of Liberty Wireless


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 or Equipment provided or sold by Liberty Wireless.

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 Equipment are at your own risk. The quality of Services provided may not be of a higher quality than the quality provided to us by M1 as our network provider, and may be subject to disruption due to technical malfunctions, defects or problems by reason or in connection with the network provider for which we will endeavour to keep you informed if necessary. To the fullest extent permissible under Applicable Laws, Liberty Wireless has excluded, and continues to exclude all statutory or tortious 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, Liberty Wireless has not made, and makes no representation or warranty as to the sequence, accuracy, completeness, security, compatibility, timeliness, reliability, quality, suitability, originality or non-infringement of any Services, and Liberty Wireless 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. To the extent Liberty Wireless 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 Liberty Wireless’ part. Any waivers offered to you by Liberty Wireless in its discretion shall be out of goodwill.

Without affecting the generality of this Clause entitled “Exclusion and Limitation of Liability of Liberty Wireless“, Liberty Wireless 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 Liberty Wireless’ reasonable opinion it is necessary to carry out any planned or unplanned maintenance, repair or upgrade of any part of the Network or the Services. 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 Liberty Wireless’ control, including without limitation the configuration and specifications of your computer system and equipment, type of data transferred and compliance of users with Liberty Wireless’ traffic management policies in respect thereof.

For the avoidance of doubt, Liberty Wireless has no control over content created or owned by third parties that you may access or use via the Services and we do not guarantee the quality, reliability, integrity or legality of such content. Liberty Wireless shall not be liable in any way for content created by or owned by third parties that you may access or use via the Services.

Liberty Wireless shall not be liable for any costs, loss or damage (whether direct or indirect) suffered or incurred by you 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 Liberty Wireless 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 or otherwise howsoever under any cause of action, and whether or not Liberty Wireless 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.

Notwithstanding the above, if for any reason Liberty Wireless cannot rely on the limitations of liability set out hereinabove, or is liable to you under other grounds (if any), and Liberty Wireless’ liability thereof is proven by you, Liberty Wireless’ 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).

Liberty Wireless or any entity under the Liberty Wireless Group of Companies may perform any of its obligations or exercise any of its rights under this Agreement by itself or through Liberty Wireless or any other entity under the Liberty Wireless Group of Companies.

All pricing and availability of Services on Liberty Wireless websites are subject to change and Liberty Wireless does not guarantee that such information is always shown error-free. Liberty Wireless reserves the right to reject or cancel any orders resulting from any manifest errors or inaccuracies, without liability.

XI. Conclusiveness of Records


In the absence of fraud or manifest error, subject to the Clause entitled “Payment, Charges, Pre-Payment and Deposit” above in relation to disputed bills, all our records relating to the Services are conclusive evidence of the accuracy, completeness and truth of all matters stated in them.

XII. Personal Data Customer Information


Subject to Applicable Laws, you agree to the provisions of the Circles.Life Data Protection Policy concerning our collection, use and disclosure of your personal data and other matters as may be required under the Personal Data Protection Act 2012, as may be amended from time to time.

Notwithstanding our rights pursuant to the Clause above, you hereby consent to collection, use and/or disclosure of your personal data for the following purposes, and/or such purposes as may be permitted by regulatory authorities pursuant to the prevailing Telecom Competition Code, as may be amended from time to time:

  1. Planning, provisioning and billing for any Services provided by us;
  2. Managing bad debt and preventing fraud relating to the provision of Services;
  3. Facilitating interconnection and inter-operability between telecommunication licensees for the provision of Services;
  4. Market research;
  5. Sharing of rewards and benefits;
  6. Security and risk management;
  7. Providing assistance to any law enforcement, judicial or other government agencies; and/or
  8. Complying with any regulatory requirements imposed by the Info-communications Development Authority (IDA).

Notwithstanding the two Clauses above, we may continue to rely on any consent that you may have given us previously under any terms or conditions or otherwise to collect, use or disclose your personal data for such purposes thereof unless you withdraw your consent by contacting our Customer Service, faxing, using our self-service channels or writing to us to withdraw your consent.

Subject to Applicable Laws, you acknowledge that the provision of Services to you may involve the transfer of your personal data out of Singapore. In such situations, the storage, treatment and transfer of such data may be subject to laws and regulations that are different from Applicable Laws.

The provisions of this Clause entitled “Personal Data Customer Information” shall constitute your consent for the purpose of the provisions of the Personal Data Protection Act 2012, Telecom Competitions Code, Media Code and the Spam Control Act and other applicable law, unless otherwise notified in writing by you in the procedure as determined by us from time to time, including as may be described in the Circles.Life Data Protection Policy. Where the Customer is an association, partnership, firm or corporation, and in other situations, the Customer or its representative may be responsible for the provision of information or data relating to one or more natural persons to Liberty Wireless, or may actually provide such information or data to Liberty Wireless. In the event that the Customer provides such information or data, the Customer represents, warrants and undertakes to Liberty Wireless that each natural person has consented to the collection, use and/or disclosure of their personal data by and on behalf of Liberty Wireless, and the Customer further, on behalf of each such natural person affirmatively agrees, consents to and authorizes the collection, use and disclosure by and on behalf of Liberty Wireless of all such information and data, in such manner and for such purposes.

Where the person who utilizes any Service is a minor, the information or data relating to that Customer and/or the Customer’s information may include personal data of that minor. In such event, each other person (excluding the minor) who applied for or subscribes for that Service or who is or was involved in such application or subscription in respect of that Service:

  1. Represents, warrants and undertakes to Liberty Wireless that the parent or other legal guardian of that minor has consented to the collection, use and disclosure of that minor’s personal data by and on behalf of Liberty Wireless in the manner and for the purposes set out in any relevant Agreement, including but not limited to the Circles.Life Data Protection Policy;
  2. On behalf of each such abovementioned natural person and on their own behalf agrees, consents to and authorizes the collection, use and disclosure by and on behalf of Liberty Wireless of all such information and data, in such manner and for such purposes; and
  3. Authorizes any person with access to that Service, including the minor, to make changes, withdrawals, corrections or other adjustments to permitted purposes of use or any relevant information or data through any system or process which is or may be made available by or on behalf of Liberty Wireless.

XIII. Confidentiality


Save for purposes of using the Services, you may not use or disclose to any other person any information relating to any entity within the Liberty Wireless Group of Companies, the Services or any Liberty Wireless Equipment which you have acquired from us or our subcontractors and/or agents in connection with the provision of the Services, unless such information is publicly available information or has become publicly available otherwise than through a breach of any obligation on your part.

XIV. Governing Law and Dispute Resolution


Your access and/or use of the Services are subject to compliance with these Circles.Life General Terms and Conditions and shall be governed by and construed in accordance with the laws of Singapore.

You hereby agree that all claims and disputes relating to or arising from the Agreement, including any question regarding the existence, validity or termination of the Agreement shall be resolved in the following manner:

  1. By referring such dispute to the Small Claims Tribunal, if the dispute falls within the jurisdiction of the Small Claims Tribunal;
  2. If agreed by you and Liberty Wireless, by jointly referring such dispute to and finally resolving such dispute by arbitration at the Singapore International Arbitration Centre. Such arbitration shall be conducted in accordance with the Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which SIAC Rules are deemed to be incorporated by reference into this Clause except as such SIAC Rules conflict with the provisions of this Clause, in which event the provision of this Clause shall prevail. Any arbitration commenced pursuant to this Clause shall be conducted by one (1) arbitrator nominated jointly by Liberty Wireless and you, or failing such joint nomination, by the Chairman for the time being of the Singapore International Arbitration Centre. The language to be used and all written documents provided in any such arbitration shall be in English. Nothing in this Clause shall preclude Liberty Wireless from applying for urgent interlocutory relief from any court of competent jurisdiction. You agree that any arbitration award made pursuant to any arbitration commenced pursuant to this Clause may be enforced by Liberty Wireless against your assets wherever those assets are located or may be found, and a judgment upon any such arbitration award may be entered into by any court of competent jurisdiction thereof and for this purpose, you expressly submit to the jurisdiction of any such court; or
  3. By referring such dispute to any court of competent jurisdiction and, for this purpose, you hereby submit to the non-exclusive jurisdiction of the Courts of Singapore with respect to any and all claims and disputes between Liberty Wireless and you relating to or arising from the Agreement, provided always that you shall not without Liberty Wireless’ written consent commence or prosecute any action nor proceeding in any jurisdiction outside of Singapore with respect of any such claim or dispute.

XV. Specific Provisions With Respect To The Sale And Supply Of Goods Act


All payment for the purchase of Goods must be made by you upon delivery or collection, unless otherwise agreed by Liberty Wireless. For the purposes of this Clause, Goods shall refer to any mobile phone handsets, computing devices (including but not limited to tablets), data devices, accessories or other equipment offered for sale by any entity comprising the Liberty Wireless Group of Companies in which the property in the Goods is or has been transferred to you, and Liberty Wireless shall refer to any entity comprising the Liberty Wireless Group of Companies which has sold or supplied the Goods to you.

To the fullest extent permitted by Applicable Laws, all Goods are sold on an as is and as available basis without warranties of any kind whatsoever, whether statutory, express or implied, including but not limited to warranties of merchantability, satisfactory quality or fitness for a particular purpose and you confirm that you have examined the Goods and that the same are free of any external or other defect (including but not limited to scratches and dents) which would be apparent to you upon reasonable examination.

Without affecting the generality of the aforesaid provisions, you have the option to claim directly for defects to the Goods against the manufacturer of the Goods under the manufacturer’s standard warranties. Although Liberty Wireless makes no representations in respect of the manufacturer’s warranties, your direct claim on the manufacturer’s warranties is likely to facilitate the resolution of such defects on an expedited basis.

In the event Applicable Laws compel Liberty Wireless to provide you with a replacement Good (Replacement), you acknowledge and agree that such Replacement shall be either the same (or equivalent) make and model as determined or provided by the manufacturer for such purpose of the Replacement in accordance with the manufacturer’s policies and accordingly such Replacement may not be new; or such other Replacement as may be agreed between Liberty Wireless and you. Liberty Wireless reserves the right to consider the wear and tear of the Goods returned to us in considering the type of Replacement to you. For the avoidance of doubt, any benefit of time to you under Applicable Laws that do not require you to strictly prove the defect in the Goods, shall not be renewed or extended upon the delivery of the Replacement to you.

Liberty Wireless may offer you the option of a discount on the amount that you have paid, if any, for any defective Goods which cannot be repaired or replaced and the amount of the discount shall take into account your use of the Goods and the proven defect (Discounted Amount). You shall retain the defective Goods in exchange for the Discounted Amount. You agree that the Discounted Amount shall be the amount determined by Liberty Wireless at its discretion.

In the event Applicable Laws compel Liberty Wireless to provide you with the remedy of a rescission of the Agreement between Liberty Wireless and you and a refund of monies thereof, you agree and acknowledge that such refund shall be limited to the amount that you have paid, if any, for the Goods and if any amount is refundable under Applicable Laws, the amount of the refund will be reduced to take into account your use of the Goods (Reduced Amount). For this purpose you agree that the Reduced Amount shall be the amount determined by Liberty Wireless at its discretion. In the event of such rescission you shall, at the request of Liberty Wireless, return the Goods and title therein to Liberty Wireless. The resale value of returned Goods, if any, shall belong to Liberty Wireless.

Your rescission of the Agreement between Liberty Wireless and you under Applicable Laws shall not, unless otherwise agreed by Liberty Wireless, affect any other agreement for Services or sale and supply of Goods that you may have with any entity comprising the Liberty Wireless Group of Companies.

Save as otherwise provided under Applicable Laws, Liberty Wireless’ entire liability in contract, tort (including negligence or breach of statutory duty) or otherwise to you and anyone who uses the Goods (except for death or personal injury caused by our negligence) shall be limited to the amount which was paid by you for the Goods.

All mobile phone handsets purchased by you shall not be exported or offered for sale in any way outside of Singapore.

XVI. No Adverse Inference


No adverse inference shall be drawn against Liberty Wireless by virtue of having drafted these Circles.Life General Terms and Conditions under contra proferentem or otherwise.

XVII. Assignment


You may assign or transfer your rights or obligations under the Agreement only with our prior written approval and subject to your settlement of any and all outstanding Charges in full.

Liberty Wireless may assign or transfer its rights or obligations under any Agreement to any entity comprising the Liberty Wireless Group of Companies without restriction. Any such assignment or transfer shall take effect upon service on you of a notice thereof. In the event that Liberty Wireless assigns and transfer all its rights, interests and obligations under any Agreement:

  1. All references to Liberty Wireless in the Agreement shall upon and after any such assignment and transfer be construed as a reference to the assignee and transferee of Liberty Wireless; and
  2. Such assignee and transferee shall be entitled to enforce all rights and perform all obligations of Liberty Wireless and to be paid all sums due or accruing from you under the Agreement as at the date of such assignment and transfer thereafter.

The provision of this Clause entitled “Assignment” shall constitute your consent to any assignment or transfer pursuant to the above for the purpose of the provisions of the Telecom Competition Code and Media Code.

XVIII. Amendments


To the fullest extent permissible under Applicable Laws, we may, at any time, amend vary or supplement any terms and conditions of the Agreement (including these Circles.Life General Terms and Conditions, and any Charges, tariffs and price plans) and withdraw, suspend or change any of the Services. We will give you reasonable advance notice (which may include advertisement, statements, letters, postings on our website or such other forms as we deem appropriate) of such changes. If you continue to use the Services after such notice, you will be deemed to have accepted the changes, which acceptance shall apply for the full term of the Services.

XIX. No Waiver


No delay or failure by Liberty Wireless to take any action or to enforce or exercise any of its rights in the Agreement will operate as a waiver of such rights by Liberty Wireless, nor will such failure or delay in any way prejudice or affect Liberty Wireless’ rights at any time thereafter to act strictly in accordance with our rights in the Agreement.

XX. Severability


If any of the terms of the Agreement (including these Circles.Life General Terms and Conditions) is held to be unenforceable, invalid or illegal for any reason, that provision shall to the extent permissible be severed, save and except that the remaining provisions shall remain in full force and effect to the extent applicable.

XXI. Inconsistency


In the event of any conflict or inconsistency between any terms of any document comprising the Agreement (including but not limited to any general terms and conditions of any entity comprising the Liberty Wireless Group of Companies that is providing services or goods to you), such conflict or inconsistency shall, in the absence of any express agreement to the contrary, be resolved in a manner most favourable to the Liberty Wireless Group of Companies, to the fullest extent permissible under Applicable Laws.

XXII. Force Majeure


We will not be liable for any delay or failure in performance under this Agreement resulting from matters beyond our reasonable control. These include acts of God, requirements of any governmental or regulatory authority, war, national emergency, accident, fire, lightning, equipment failure, computer software or malfunction, electrical power failure, faults, interruption or disruption of the Network, interruption or disruption of your equipment or equipment of any third party, riots, strikes, lock-outs, industrial disputes (whether or not involving our employees), or epidemics of infectious diseases.

Without prejudice to the last paragraph above, the Services may occasionally be affected by interference caused by objects beyond our control such as buildings, underpasses and weather conditions. When this happens, we will not be responsible for any interruption or disruption of the Services or if you cannot access or use the Services.

 

Third Party Rights


Save for entities comprising the Liberty Wireless Group of Companies, a person (including any user) who is not a party to the Agreement has no right to enforce any of these terms or the terms of any Agreement under the Contracts (Rights of Third Parties) Act (Cap 53B).

XXIII. Notices and Correspondence


All notices, communication and correspondence by us (Communication) to you may be sent by us to you by hand, post, email, facsimile transmission or any other means deemed appropriate by us. Such Communication may be sent to your address, email or fax number as maintained in our records or from which we have received any communication from you. Any such Communication addressed and sent to you shall be deemed to have been received by you:

  1. If delivered by hand, on the date and at the time it was delivered to (or left at) your address;
  2. If sent by post within Singapore, one (1) day after it was posted, and if sent by post outside of Singapore, seven (7) days after it was posted;
  3. If transmitted by way of email or facsimile transmission, immediately at the time of transmission by us.

Any communication by you to us shall be in writing in the English language unless we specify otherwise. We have the right to regard any communication by you to us as invalid or ineffective if we have not confirmed our receipt of such communication to you.

Any processes or judgment may be given to you in the same way as notices under this Agreement.

You acknowledge and agree that responses from us via the Customer Support Service may take longer due to high volumes of enquiries during peak periods. We reserve the right to direct you to other forms of Customer Support Service, at our sole discretion and subject to the availability of our resources. Unless otherwise stated, the prices of the Services provided to you via the Customer Support Service are based on the prevailing rates as at the date of quotation. Your subscription to any of the Services shall be based on the prevailing rates at the time of purchase.

We will not intentionally monitor any electronic messages sent or received by you unless required to do so by law, governmental authority or with your consent. We may, directly or through M1 as the network provider, however, monitor our Services electronically to determine that our Services and Network are operating satisfactorily in accordance with Applicable Laws. We will not intentionally disclose your online communications or activities, including but not limited to, your account information, a transmission made using the Network or a website, except to comply with a court order, subpoena, statue, regulation or governmental requests, where necessary to protect us and others from harm, or where necessary for the proper operation of our Services and Network.

XXIV. Telecommunications Act


These terms and conditions are subject to the Telecommunications Act or any regulations made thereunder and to the terms and conditions of the telecommunication license granted to us under the said Act.

XXV. Definition and Interpretation


In these Circles.Life General Terms and Conditions, except to the extent that the context requires otherwise or has specifically defined, the following expressions shall have the meanings ascribed to them below:

  1. “Applicable Laws” means 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 in Singapore may issue from time to time relating to the Services or otherwise;
  2. “Charges” means any fees, price, rental, charges and expenses for or in respect of Services charged by Liberty Wireless 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;
  3. “Circles.Life Data protection policy” means Liberty Wireless’ data protection policy applicable for all Services, found at https://www.circles.life/static/terms/dataprotection;
  4. “Circles.Life General Terms and Conditions” means these terms;
  5. “Customer” Means a subscriber to any of the Services;
  6. “Customer Support Services” means all forms of customer support provided by Liberty Wireless, including without limitation, via email, customer service hotlines, live chat or social media;
  7. “Equipment” means any equipment which we may provide, sell, lease or rent to you, maintain for you or which is otherwise needed for the provision of the Services;
  8. “Liberty Wireless” means Liberty Wireless Pte Ltd;
  9. “Liberty Wireless Group of Companies” means Liberty Wireless Pte Ltd and any other entity named as its affiliate from time to time;
  10. “M1” means M1 Limited;
  11. “Media Code” means the Code of Practice for Market Conduct in the Provision of Media Services issued by the MDA including all amendments and revisions thereto from time to time in force;
  12. “Network” means all networks maintained, operated by M1 or any other licensee under the IDA owned by, leased to and/or licensed to Liberty Wireless, which is used by us for the provision of Services to you, which ownership or such rights in our network shall belong to Liberty Wireless at all times;
  13. “Services” means such services, products, facilities, equipment and software as provided to you in Liberty Wireless’ discretion and Services refer to each and every Service to be supplied under the Agreement, and include services provided by third parties which we are billing on behalf of;
  14. “Software” means any software programs provided to you as part of or through the Equipment or Services, or which allow you to access or use the Services, including any software upgrades or updates;
  15. “Telecom Competition Code” means the Telecommunications Act (Cap. 323) Code of Practice for Competition in the Provision of Telecommunications Services 2012;
  16. “Unauthorized Acts” means modification, tampering, destruction, damage or unauthorized connection to the Network or Liberty Wireless’ systems (including without limitation our 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 Network or Liberty Wireless’ systems or any third party’s network and/or systems; and/or the use of the Network or Liberty Wireless’ systems or any part thereof for any purpose other than for our provision of Services to you, in accordance with the Agreement.

FIN