CIRCLESCARE TERMS OF USE

Updated: 25 May 2016

Please read these Terms of Use carefully. These terms of use (the “Terms”) set out the Terms and Conditions that govern your download, installation and use of the Circles.Life mobile application (the “Application”) that is owned, controlled and provided by Liberty Wireless Pte Ltd (“Liberty Wireless”).

By downloading, installing, accessing and /or using the application, you agree to these Terms and acknowledge them to be binding and you hereby undertake to comply fully with the terms in your use of the application.

If you do not agree to these Terms, please do not download and install the application. If you have already done so, please do not access and/or use the application, and delete the application from all your devices on which it is installed.

SUMMARY

I. Definition
II. Privacy
III. Conduct and Acceptable Use
IV. Payment for the Boost Service
V. Customization of Your Plan
VI. Rights To Modify Terms
VII. Links to Third Party Sites
VIII. No Warranty as to Accuracy of Information
IX. Indemnities
X. Termination
XI. Force Majeure
XII. Entire Agreement
XIII. No Waiver
XIV. Severability
XV. Notices
XVI. Assignment
XVII. Additional Terms for Google Play
XVIII. Additional Terms for Apple Store

 

I. Definition


For the avoidance of doubt, the following words have following meanings:

  1. Affiliates: Means any entity which directly or indirectly controls, is controlled by, or is under common control with the subject entity, and includes the Representatives of such an entity.
  2. Application: means the Circles.Life mobile application.
  3. Boost: means the instant mobile data top up provided through the Application.
  4. Content: means any data and / or information, including the Results, that may be available or accessed from the Application, including, without limitation, text, images, logos and all other trademarks, trade names, sounds, moving images , advertisements, promotional material and commercial offers.
  5. Data: means the data and information relating to your use of the Plan, which includes but is not limited to information relating to your mobile data usage and your usage of allocated talk time and text messages, collected and processed through the Application for the purposes of generating the Results.
  6. Device: means an electronic device belonging to You, on which the Application is downloaded, installed and / or used.
  7. Liberty Wireless: means Liberty Wireless Pte Ltd and, where applicable, includes any of its Representatives and/or Affiliates.
  8. Plan: means the prepaid or postpaid mobile data plan that a user has subscribed to and/or obtained from Liberty Wireless, and any additions, add-ons and changes thereto that a user may request and/or acquire from time to time.
  9. Personal Data: means any data, whether true or not, about an individual who can be identified (a) from that data; or (b) from that data and other information to which an organization has or is likely to have access.
  10. Representatives: means the employees, agents and legal and / or financial consultants of the subject entity.
  11. Results: means any data and information, including the Data, generated from the provision of the Services and made available and accessible through the Application.
  12. Services: means any of the following: the provision of product and promotional information and Content relating to Liberty Wireless’ products and/or services; the provision of an interface in which You can view Your current and past usage of Your Plan; the data monitoring, collection and analysis activities conducted by Liberty Wireless in connection with Your use of the Application and any other activities that is conducted for the purpose of generating the Results relating to Your usage of the Plan; the customer service and helpline services provided through the instant messaging service available through the Application; the sending of service messages and updates relating to your usage of the Plan; and the customization and top-up services available on the Application in which You may: request for an instant ad-hoc addition or top up to the allocated mobile data for your Plan via the Boost service; and/or request for additions, top-ups, add-ons and other customization and/or changes to your Plan. User Account: means the account that is created for a user based on a user’s Circles.Life registered telephone number in order for the user to use the Application and/or the provision of the Services in connection with a user’s use of the Application. You: means the user of the Application. “Your” has a corresponding meaning.

II. Privacy


In the course of Your use of the Application, and to provide you with the Services in connection with Your use of the Application, Liberty Wireless may be required to collect, use, disclose and/or process Personal Data belonging to You. In this regard, Liberty Wireless will collect, use, disclose and/or process Your personal data in accordance with the Personal Data Protection Act 2012 (the “PDPA”) and as set out in our Privacy Policy which can be found at: http://www.circles.life/static/terms/dataprotection.

Without prejudice to our Privacy Policy, Liberty Wireless collects, uses and discloses Your personal data strictly for the purposes of providing You with the Application and the Services, and includes purposes such as:

  1. creating and maintaining Your User Account;
  2. conducting of data analysis activities as is necessary to provide the Services;
  3. processing of transactions and payments made by You;
  4. sending You relevant notices and services messages;
  5. and/or sending You marketing, advertising and promotional information and materials relating to Liberty Wireless’ products and services from time to time via email.

By downloading, installing and using the Application, You hereby agree and consent to Liberty Wireless collecting, using and/or processing Your personal data for the purposes set out above and in our Privacy Policy.

You may opt out of receiving the communications stated above at any time by giving writing in notice to the address set out below in the “Notice” paragraph.

You may also withdraw Your consent to the collection, use and disclosure of Your personal data by for the purposes set out above at any time by giving writing in notice to the address set out below in the “Notice” paragraph. However, please note that if You withdraw such consent, Liberty Wireless may not be able to continue providing You with the use of the Application and/or the Services, and You hereby acknowledge and agree to accept any such consequences of Your withdrawal of Your consent.

Ownership of Intellectual Property

You hereby agree and acknowledge that the Application, any Data collected in the course of Your use of the Application and any Content available or accessible on the Application constitutes the intellectual property of Liberty Wireless.

In consideration of Your undertaking to comply with these Terms, Liberty Wireless hereby grants to You a worldwide, personal, non-sub-licensable, non-transferable, revocable and non-exclusive license to download, install, access and use the Application and the Contents and/or Services provided therein provided that Your access and use of the same is strictly in accordance with these Terms.

The grant of this license does not constitute a transfer or sale of the Application and the Contents, Services and any software contained therein (including any part or copy thereof), and Liberty Wireless retains all right, title, and interest, including any intellectual property rights, in and to the Application and the Contents, Services and any software contained therein (including any part or copy thereof).

The Application and any software contained therein that is made available for download through the Google Play Store and on the Apple App Store are protected by copyright and are subject to these Terms. You are prohibited from reproducing or redistributing the Application and any software therein not in accordance with these Terms or without Liberty Wireless’s express written permission.

You agree that You shall not, without Liberty Wireless’s express written permission:

  1. copy, distribute, display or perform publicly, sublicense, decompile, disassemble, reduce to human readable form, execute publicly, make available to the public, adapt, make available for commercial use, process, compile, translate, sell, lend, rent, reverse engineer, combine with other software, modify or create derivative works of the Application, and any of the Contents and/or Services provided therein, which are subject to intellectual property rights or other proprietary rights, either by Yourself or by a third party on your behalf, in any way or by any means, including, but not limited to electronic, mechanical or optical means;
  2. remove, circumvent, disable, damage or otherwise interfere with security-related features of the Application, including but not limited to any features that prevent or restrict the use or copying of any Content, Data and/or Results that is made available or accessible through the Application, or features that enforce limitations on use of the Application;
  3. access and use the Application and any of the Content and/or Services provided therein in order to create, develop, adapt, modify and/or build a similar or competing application or service; and
  4. delete any trademark, copyright and/or other proprietary rights notices that is displayed on the Application and any of the Content and/or Services provided therein.

You hereby agree and acknowledge that any trademarks, logos, graphics, designs, page headers, icons, scripts, trade names and service names, whether registered or unregistered, (collectively, the Marks) displayed on the Application and any of the Content and/or Services provided therein are the property of Liberty Wireless and all rights to the Marks are expressly reserved by Liberty Wireless.

You are not permitted to use any Marks without the prior consent of Liberty Wireless. Your access to and use of the Application, and the Content and/or Services provided therein should not be construed as Liberty Wireless granting, by implication, estoppel or otherwise, any license or right to use any Marks without the prior written consent of Liberty Wireless. The Marks may not be used in any way, including in any advertising or publicity, or as a hyperlink without prior written permission of Liberty Wireless. You may not adapt or use otherwise any name, mark or logo that is identical, or confusingly similar to any of the Marks.

You acknowledge and agree that Wireless Liberty may from time to time issue upgraded versions of the Application, and may automatically electronically upgrade the version of the Application that You are using on Your Device. You consent to such automatic upgrading on Your Device, and agree that these Terms will apply to all such upgrades.

User Account

In order to use the Application, a User Account will be created for You. Access to Your User Account will be granted through a personal identification number (the “PIN”) provided to You.

In accessing and using Your User Account, You agree to (a) provide true, accurate, complete and up-to-date information as is necessary for the creation and maintenance of Your account, and (b) promptly update such information to ensure that it is true, accurate, complete and up-to-date. In the event that You provide any information that is false, inaccurate, incomplete or outdated, or if Liberty Wireless has reason to believe that such information is false, inaccurate, incomplete or outdated, Liberty Wireless reserves the right to suspend or terminate Your User Account and refuse any and all current or future access to and use of the Application, and any of the Content and/or Services provided therein.

You are solely responsible for maintaining the security and confidentiality of your User Account information and PIN. You agree not to disclose your User Account and PIN code to any third party. You must take all appropriate measures (including but not limited to changing Your PIN from time to time) to ensure the security and confidentiality of User Account information, Your PIN or other security information.

You agree to immediately notify Liberty Wireless if You are aware of, or have any reason to believe that Your User Account and/or PIN has been compromised or has suffered any breach of security, including but not limited to theft, unauthorized access or use, attempted access or use, or tampering. 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 Liberty Wireless and access to the Services is disabled at Your request.

Liberty Wireless reserves the right to refuse, change or remove Your User Account and/or PIN and we will notify You in the event of such refusal, change or removal. Liberty Wireless shall not exercise the rights in this Clause unreasonably.

Although Liberty Wireless will, where necessary, employ reasonable user authentication measures to identify You in its dealings with You, You acknowledge that such measures may not be foolproof and accordingly, Liberty Wireless will not be responsible for any disclosure of Your User Account information to any person as a result of any illegal, improper, unlawful or fraudulent activity, or arising from any false pretences employed on Liberty Wireless.

You agree that You shall not transfer Your account to another person. You agree that Liberty Wireless is not and will not be liable for any loss or damage arising from Your failure to comply with the obligations set out in this Section.

Actions Taken Under Your User Account

Subject to clause stated in the “User Account” paragraphs above, any access, use and activities that occur through the Application and/or the Service provided therein under Your User Account, including but not limited to any transactions completed or instructions provided, shall be deemed by Liberty Wireless to have been conducted, directed and/or carried out by You and Liberty Wireless is entitled to rely on such access, use and activities under Your account in Liberty Wireless’s dealings with You, and to treat the same as binding and conclusive against You.

You agree that Liberty Wireless is under no obligation to investigate the authenticity or authority of any access, use and activities that occur through the Application and/or the Service provided therein under Your User Account, including but not limited to any transactions completed or instructions provided.

You agree to be fully responsible for all access, use and activities that occur under Your User Account by any person, with or without your authority, knowledge or consent, and may not claim against Liberty Wireless in respect of any such access, use and activities.

Offers And Not Invitations To Treat

Any statement of offers made available through the Application, and any of the Content and/or the Services provided therein shall constitute an invitation to treat and shall not be construed as a valid offer unless Liberty Wireless expressly states otherwise. Any acceptance of such invitations to treat will not constitute a valid and legally binding agreement and shall be deemed to be an offer made by You to Liberty Wireless to transact on the terms of the invitation to treat. A valid and legally binding agreement shall be made only when such an offer from you is accepted by Liberty Wireless.

Notwithstanding the generality of the above, any offers or invitation to treat that is made available through the Application, and any of the Content and/or the Services provided therein shall be deemed to be made only in the Republic of Singapore and shall be void where prohibited by the laws of the Republic of Singapore.

III. Conduct and Acceptable Use


You are entitled to access and use the Application, and any of the Content and/or Services provided therein in accordance with these Terms.

You agree that You shall not:

  1. access and use the Application, and any of the Content and/or the Services provided therein in an unlawful manner, for any unlawful purposes and/or that would otherwise constitute a breach or violation of any and all applicable laws, rules and/or regulations;
  2. make, or attempt to make, any illegal or unauthorized access to any part or component of (a) the Application, and any of the Content and/or Services provided therein; and/or (b) Liberty Wireless’s network or any third party equipment, accounts, systems or networks which You may be able to access or connect to via through the Application, and any of the Content and/or Services provided therein, whether directly or indirectly, to carry out any activity which may be used as a precursor to an attempted system penetration (i.e. port, stealth, security or penetration scans or other information gathering activity) on Liberty Wireless and/or Liberty Wireless’s service providers’ servers or networks;
  3. engage in any activity, including but not limited to the use of “bots”, “spyders” and/or “crawlers”, which would or is likely to generate network traffic in excess of reasonable and normal usage, cause network congestion or affect other users’ enjoyment and/or use of the Application, and any of the Content and/or Services provided therein.
  4. collect and/or disseminate any Personal Data about other users without their consent;
  5. remove, circumvent, disable, damage or otherwise interfere with security-related features of the Application, and any of the Content and/or Services provided therein, including but not limited to any features that:
    • are designed to verify the identity of a user;
    • prevent or restrict the access to or use of any particular functionalities, Content and/or Services available through the Application; and/or
    • prevent or restrict the access to or use of any User Accounts.
  6. use the Application, and any of the Content and/or Services provided therein for any purpose or in any manner that is prohibited by these Terms;
  7. use the Application, and any of the Content and/or Services provided therein in any manner that could damage, disable, overburden, or impair the availability and/or the operation of the Application, and the Content and/or Services provided therein, or interfere with any other user’s access to and use of the Application, and any of the Content and/or Services provided therein;
  8. upload or use any device, software or routine, including, but not limited to, any viruses, trojan horses, worms, time bombs or cancel bots intended to damage or interfere with the proper working of the Application, and any of the Content and/or Services provided therein or to intercept or expropriate any Content, system, data or Personal Data from the Application;
  9. and/or upload, post or transmit any communications or Content of any type that (1) infringes or violates any rights of any party, (2) is false, abusive, threatening, designed to harass, profane, obscene, offensive, defamatory, inaccurate, misleading or fraudulent, (3) violates any applicable law, statute, rule or regulation.

The Application, and any Content and/or Services provided therein are made available to You for free. You may not use the Application, the Content and/or the Services provided therein for any commercial purposes whatsoever, including without limitation, reselling, or offering to resell, the same or incorporating the Application, the Content and/or the Services in any product or service and offering to sell such products or services to third parties, without Liberty Wireless’s prior written consent.

You may come into contact with Liberty Wireless’s Representatives in the course of Your use of the Services provided through the Application. In doing so, You agree that You shall not use any language that is abusive, threatening, obscene, profane, designed to harass, offensive and/or defamatory in Your communications with such Representatives of Liberty Wireless.

The use of the Application requires a connection to the Internet, for which charges may be incurred from Your network service provider. You hereby acknowledge and agree that any costs and charges incurred through Your use of the Application is Your sole responsibility and that You will bear all such costs and charges at Your sole expense.

You agree that Your access and use of the Application, and any of the Contents and/or Services provided therein, will comply with any fair usage policies that may be applicable or relevant to the products and/or services, including this Application and your Plan, which is provided to You by Liberty Wireless. Such fair usage policies can be found at http://www.circles.life/terms.

IV. Payment for the Boost Service


The fees and charges for the instant ad-hoc mobile data addition and top-up to Your Plan made available through the Boost service will be billed and charged to Your credit card that You had registered with Liberty Wireless previously. You hereby authorize Liberty Wireless (or its designee) to charge such fees and charges to Your credit card. You agree that all payments made shall be in accordance with Liberty Wireless’s Payment Terms and Conditions which can be found at the payment section and You agree to be bound by the terms of the same.

You agree to bear and pay any and all taxes (including without limitation goods and services tax, value-added tax and withholding tax) at the prevailing rate imposed or levied on the Boost service and the use thereof.

Any and all payments received by Liberty Wireless are strictly non-refundable. Any request for a refund is strictly subject to the sole and absolute discretion of Liberty Wireless.

You agree that any unused and unconsumed mobile data additions or top-ups shall expire at the end of the current billing cycle of Your Plan and You shall not be able to use such mobile data additions or top-ups on or after the date of its expiry.

V. Customization of Your Plan


You may use the Application and the Services provided therein to request for additions, top-ups, add-ons and other customization and/or changes to Your Plan for the next billing period. You agree that such requests will not be binding or accepted until Liberty Wireless has accepted such requests and provided You with confirmation of the same.

You acknowledge and agree that any additions, top-ups, add-ons and other customization and/or changes to your Plan which have been accepted and confirmed by Liberty Wireless shall only take effect on the next billing period for Your Plan.

VI. Rights To Modify Terms


Liberty Wireless reserves the right to amend these Terms at any time, with or without notice. You agree that it is Your responsibility to stay informed about any updates or amendments to these Terms. The current version of these Terms and any updates or changes to the same can be found at http://www.circles.life/static/terms/general.

Your continued access and use of the Application and any of the Content and/or Services provided therein following any updates or changes to the Terms constitutes Your agreement to these updates or changes. If You do not agree with any of the updates or changes to the Terms, please stop accessing and using the Application and delete the same from all of Your Devices.

VII. Links to Third Party Sites


The Application may contain links to other websites or mobile applications provided by third parties. Liberty Wireless does not own, operate or monitor the content of these websites or mobile applications. By linking to a third-party website or mobile application,

Liberty Wireless does not endorse or sponsor its content, confirm its accuracy, credibility, authenticity, reliability, validity, integrity or legality. You agree that Liberty Wireless shall not assume any responsibility for such third party websites, content or mobile applications, their availability, or for any transactions made between you and such third parties. Liberty Wireless will not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with Your use of or reliance on any such content, goods or services available on or through any third party websites, content or mobile application.

VIII. No Warranty as to Accuracy of Information


While Liberty Wireless will take reasonable efforts to ensure the accuracy of any Content, Data and/or the Results accessible and available on the Application, Liberty Wireless does not warrant the accuracy, correctness or completeness of the same. Liberty Wireless hereby excludes all liability and responsibility arising from any use of or reliance placed on the Content, the Data and/or the Results by You, or by any third party who may be informed of the same, and You acknowledge that any reliance on such Data, Content or Results shall be at Your sole risk.

Disclaimer of Warranties

You acknowledge and agree that Your download, installation, access and use of the Application, and any of the Content and/or the Services provided therein is at Your sole risk and that the entire risk as to the satisfactory quality, performance and accuracy of the same is with You. You also acknowledge and agree that the Applications, and any of the Content and/or Services provided therein is provided on an “as is”, “as available” and “with all faults” basis.

To the fullest extent permitted by law, Liberty Wireless hereby disclaims any and all representations and warranties with respect to the Application, and any of the Content and/or any Services provided therein, whether express, implied, statutory or otherwise, including but not limited to merchantability, satisfactory quality, fitness for a particular purpose, accuracy and non-infringement of third party rights.

Liberty Wireless will make reasonable efforts to have the Application and any of the Content and/or Services provided therein running properly and accessible at all times. However, the availability and functionality of the same depend on various factors and elements, including software, hardware and communication networks provided by third parties. These factors are not fault free and may be beyond Liberty Wireless’s reasonable control. Liberty Wireless does not warrant that the Application, and any of the Content and/or Services provided therein will meet your requirements or be uninterrupted, free from any malicious software (such as trojans, worms or viruses), error-free, accurate, complete or provided without delay or that any defects or errors in the same will be corrected. No oral or written information or statement given by Liberty Wireless shall create such a warranty.

You agree and acknowledge that Your instructions, requests and/or transactions may not be processed immediately, around the clock or in a timely manner, and that Liberty Wireless will not thereby be liable for any loss, damage or expense suffered by you as a result of any delay in the processing of Your instructions, requests and/or transactions.

Exclusion and Limitation of Liabilities

To the fullest extent permitted by law, Liberty Wireless will not be liable to You for any direct, indirect, incidental, special, consequential or exemplary loss or damage whether in any case arising from or related to (a) Your download, installation, access and use of, or inability to download, install, access or use, the Application (b) your access, use and/or reliance on the Content that is available and accessible in the Application; (c) your access, use and/or reliance on the Services provided through the Application and (d) any other matter relating to the Application, and any of the Content and/or the Services provided therein, regardless of the type of claim, whether in contract, tort (including negligence), warranty, misrepresentation, whether or not foreseeable, and regardless of the cause of such damages and/or losses even if Liberty Wireless has been advised of (or is otherwise aware of) the possibility of such damages and/or losses in advance, including, without limitation:

  1. any loss of or damage to your Device in the course of Your download, installation, access and use of the Application, and any of the Content and/or the Services provided therein;
  2. any loss or damage due to any unauthorized access to or use of the Application, and any of the Content and/or Services provided therein under your User Account;
  3. any loss or damage due to any interruption or unavailability of the Application, and any of the Content and/or Services provided therein;
  4. any loss or damage due to any bugs, viruses, third party malicious activities (i.e. spoofing, hacking), Trojan horses or similar malware which may be effected and/or transmitted to or through the Application, and any of the Content and/or Services provided therein by any third party;
  5. any loss of profits, sales, business, or revenue;
  6. loss or corruption of data, information or software;
  7. loss of business opportunity;
  8. loss of anticipated savings;
  9. loss of goodwill;
  10. pure economic loss; and/or
  11. any indirect or consequential loss.

Where the exclusion of liability is not permitted under any law, Liberty Wireless’s total liability to you for any direct, indirect, special, exemplary or consequential damages, or for any other damages shall not exceed the amount you/customer was charged for.

IX. Indemnities


You agree to indemnify and keep Liberty Wireless indemnified against any and all loss, cost, damage, expense or liability, including without limitation, reasonable attorney fees and costs, incurred or suffered by Liberty Wireless as a result of any claim or cause of action asserted against Liberty Wireless by a third party in connection with or arising from your breach of any of the terms contained herein.

X. Termination


Liberty Wireless may terminate or suspend Your access to and use of the Application, and any of the Content and/or Services provided therein at any time, with or without cause, with or without notice. Upon such termination or suspension, Your right to access and use the Application, and any of the Content and/or Services will immediately cease. You may discontinue Your access and use of the Application, and any of the Content and/or Services for any reason and at any time.

You agree and acknowledge that Liberty Wireless shall not assume any responsibility with respect to, or in connection with the termination of the Application, and any of the Content and/or Services provided therein and loss of any data as a result.

Any unauthorized access and use of the Application, and any of the Content and/or Services provided therein, or other failure by You to comply with these Terms will be deemed a material breach of these Terms for which Liberty Wireless may, without prejudice to any other remedies available to it, immediately suspend or terminate Your access to and use of the Application, and any of the Content and/or Services provided therein with no liability to you.

Governing Law and Dispute Resolution

These Terms and any matters related to the same shall be governed by and construed in accordance with the laws of the Republic of Singapore without giving effect to any choice of law principles thereof which would result in the application of the laws of any other jurisdiction.

In the event of any disputes arising out of or in relation to these Terms, including any question regarding its existence, validity or termination, Liberty Wireless and You agree that the dispute shall be submitted for full and final resolution by litigation under the exclusive jurisdiction of the Courts of Singapore.

XI. Force Majeure


Liberty Wireless will not be liable or responsible for any failure of the Application, and any of the Content and/or Services provided therein that is caused by any act or event beyond Liberty Wireless’s reasonable control, including without limitation strikes, lock-outs or other industrial action, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat of war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, impossibility of the use of public or private transport, activities of hackers, malicious conduct, failure or interruption of any public or private telecommunications networks, power failures or interruption, or failures of any third party service providers (including providers of internet services and telecommunications).

XII. Entire Agreement


These Terms constitutes the entire agreement and understanding between Liberty Wireless and You relating to the provision of the Application, and any of the Content and/or the Services provided therein. Except as may be expressly stated in these Terms, it supersedes and cancels all prior agreements, statements, representations, understandings, negotiations and discussions, whether oral or written, between the parties. You agree that in downloading, installing, accessing and using the Application and/or in relying on any of the Content and/or the Services provided therein, You do not rely on any statement, representation, warranty or understanding made prior to these Terms save to the extent that such statement, representation, warranty or understanding is incorporated into these Terms.

XIII. No Waiver


The failure of Liberty Wireless to enforce any of the terms set out herein shall not constitute a waiver of such a right and shall at no time and in no manner affect the right of Liberty Wireless to enforce such a term at a later time.

XIV. Severability


If any provision of these Terms is held to be invalid or unenforceable, the remainder of these Terms shall not be affected by such judgment and the terms and conditions of these Terms shall be carried out as close as possible according to the original terms and the intent reflected in these Terms.

XV. Notices


You may provide any notice or other communication required or permitted to be given hereunder to Liberty Wireless by email and/or regular mail at the following address:

Liberty Wireless Pte Ltd
221 Henderson Building, #06-05, 159557 Singapore
[email protected]

All notices, communication and correspondence by Liberty Wireless to You may be sent by hand, post, email or any other means deemed appropriate by Liberty Wireless. Such notices, communication and correspondence 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 notices, communication and correspondence 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; and
  3. if transmitted by way of email or facsimile transmission, immediately at the time of transmission by Liberty Wireless.

All notices, communications and correspondence shall be in writing in the English language unless Liberty Wireless specifies otherwise. Liberty Wireless shall have the right to regard any communication by You to Liberty Wireless as invalid or ineffective if Liberty Wireless has not confirmed Liberty Wireless’s receipt of such communication to You.

XVI. Assignment Liberty


Wireless may assign, delegate, sub-contract or transfer any or all of Liberty Wireless’s rights and/or obligations under these Terms to any third party. You may not transfer any or all of your rights or obligations under these Terms to any third party.

Relationship of the Parties

You agree that no joint venture, partnership, employment, or agency relationship will exist between you and Liberty Wireless as a result of these Terms or your use of the Application, and any of the Content and/or Services provided therein. Nothing contained in these Terms is in derogation of Liberty Wireless’s right to comply with any governmental, court and law enforcement requests or requirements relating to your use of the Application, and any of the Content and/or Services provided therein. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Rights of Third Parties

These Terms are entered into between you and Liberty Wireless. For the avoidance of doubt, except as expressly stated in these Terms, a person who is not a party to this Terms shall have no right under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce any of the terms of these Terms.

XVII. Additional Terms for Google Play


If the Application has been downloaded from Google Play, You agree to comply with any applicable terms and conditions of the same, as may be amended from time to time, including but not limited to the “Google Play Terms of Service” which can be found at: https://play.google.com/about/play-terms.html

You also agree that You will not use the Application in any way that would result in or cause the Application and/or Liberty Wireless to be in violation of any terms and conditions applicable to developers and applications on Google Play, as may be amended from time to time, including but not limited to the “Google Play Developer Programme Policies” and the “Google Play Developer Distribution Agreement” which can be found at:

https://play.google.com/about/developer-content-policy.html https://play.google.com/about/developer-distribution-agreement.html

XVIII. Additional Terms for Apple Store


If the Application has been downloaded from the Apple Store or iTunes, You agree to comply with any applicable terms and conditions of the same, as may be amended from time to time, including but not limited to the “iTunes Store Terms and Conditions” which can be found at:

http://www.apple.com/legal/internet-services/itunes/sg/terms.html

You also agree that You will not use the Application in any way that would result in or cause the Application and/or Liberty Wireless to be in violation of any terms and conditions applicable to developers and applications on the Apple Store or iTunes, as may be amended from time to time, including but not limited to the “App Store Review Guidelines” and the “Instructions for Minimum Terms of Developer’s End-User License Agreement” which can be found at:

https://developer.apple.com/app-store/review/guidelines/ http://www.apple.com/legal/internet-services/itunes/appstore/dev/minterms/

The following additional terms and conditions shall apply if the Application has been downloaded from the Apple Store or iTunes and is intended for use on an Apple iOS-powered Device.

  1. You acknowledge that these Terms are between You and Liberty Wireless only, and not with Apple, Inc. and/or any of its local entities (collectively, Apple).
  2. Liberty Wireless, and not Apple, is solely responsible for the Application, and any Content and/or Services provided therein. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to the same. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to the Application, and any Content and/or Services provided therein.
  3. You agree that Liberty Wireless, and not Apple, is responsible for addressing any claims by You or any third-party relating to the Application, and any Content and/or Services provided therein or Your possession and/or use of the same.
  4. You agree that Liberty Wireless, and not Apple, shall be responsible, to the extent required by these Terms, for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim related to the Application, and any of the Content and/or Services provided therein or Your possession and use of the same.
  5. You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist supporting country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
  6. You agree to comply with all applicable third-party terms of agreement when using Application, and any Content and/or Services provided therein (e.g., You must not be in violation of Your network service provider’s terms of agreement when using the Application, and any Content and/or Services provided therein.
  7. The parties agree that Apple is a third-party beneficiary to these Terms as they relate to Your license of the Application, and any Content and/or Services provided therein. Upon Your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against You as they relate to Your license of the Application, and any of the Content and/or the Services provided therein as a third-party beneficiary thereof.

You acknowledge and agree that if any of the terms and conditions of these Terms are inconsistent with Apple’s “Instructions for Minimum Terms of Developer’s End-User License Agreement”, the terms and conditions of Apple’s “Instructions for Minimum Terms of Developer’s End-User License Agreement” shall prevail.

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