CIRCLES.LIFE ONLINE TRANSACTIONS TERMS & CONDITIONS

Updated: 15 June 2017

SUMMARY

I. Definitions
II. Eligibility and Registration
III. Purchase and Delivery
IV. After Sales Service and Warranty
V. Cancellation, Returns and Refunds of Products
VI. Faulty Products
VII. Payment for Services
VIII. Your Responsibilities
IX. Limitation of Liability & Disclaimer of Warranty
X. Indemnity
XI. Privacy
XII. Notices
XIII. Circles.Life Website Content
XIV. Complaints
XV. Links to the Circles.Life Website
XVI. Disclaimer on Third Party Intellectual Property Rights
XVII. General

I. Definitions


Unless otherwise stated, the following words or phrases shall have the following meanings under the Terms:

  1. Business Day: Means a day that is neither (i) a Saturday or Sunday, nor (ii) a public holiday in Singapore.
  2. Circles.Life Account: Means the account created upon registration as a customer of Liberty Wireless under the Circles.Life Website at the following link: http://www.circles.life/my_profile.
  3. Circles.Life Website: Means http://www.circles.life.
  4. Content: Means any images, text, videos or any other visual content displayed on the Circles.Life Website.
  5. Contract: Means the contract formed upon shipment of a Product in accordance with our acceptance through the Order Confirmation of your offer via your Order through the Circles.Life Website.
  6. Customer or you: Means any individual who places an Order on the Circles.Life Website.
  7. Liberty Wireless, We or Us: Means Liberty Wireless Pte. Ltd.
  8. Order: Means an order submitted by you on the Circles.Life Website to purchase a Product from us;
  9. Order Confirmation: Means an email from Liberty Wireless to you, in which we acknowledge your Order.
  10. Products: Means the various products available for sale on the Circles.Life Website.
  11. 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
  12. Terms: Means this agreement and the terms and conditions therein.

II. Eligibility and Registration


To place an order on the Circles.Life Website, you must have a registered Circles.Life Account. Please note that to place the order, you must be over eighteen (18) years of age. If you are under eighteen (18), you must place an order on the Circles.Life Website with supervision of your parent or legal guardian.

At the point of registration approval, we may require further verification to ensure you are able to demonstrate the ability to make upcoming payment(s) against potential use of Circles.Life Services. This would include but would not be limited to the request of a Guarantee Deposit from you. Details on Guarantee Deposit are shared below.

We reserve the right to accept or refuse a registration request at our sole discretion, at any time, and for any reason including but not limited to the aforementioned verification measures.

At the point of registration approval, we may require you to place a Guarantee Deposit to ensure you are able to demonstrate the ability to make upcoming payment(s) against potential use of Circles.Life Services:

  1. You can reject the aforementioned Guarantee Deposit request. In this case, your registration request will fail and we will refund any registration fees that you might have paid during the registration process;
  2. If you have outstanding bills, we reserve the right to allocate all or part of your Guarantee Deposit to settle all or part of your outstanding bills.

Following terms and conditions apply for any Guarantee Deposit placed by you:

  1. No refund request can be submitted by you during the first 365 days after the placement of the Guarantee Deposit;
  2. We reserve the right to refuse any refund request, at our sole discretion, at any time, and for any reason;
  3. You can request for the refund of a given Guarantee Deposit a maximum of three (3) number of times. Upon repeated requests and failures of such requests, we reserve the sole right to not process further refund requests from you;

  1. If you do not request any refund and/or if all your refund requests fail, we will ultimately refund what remains of your Guarantee Deposit when you terminate your Circles.Life Account after deducting any dues.

III. Purchase and Delivery


As set out above in the last Clause above, you must have a registered Circles.Life Account to place an order on the Circles.Life Website. You warrant and represent that all information provided to us at the point of registration is accurate and true. You are required to inform us promptly of any changes to your information. At the point of registration, we may require various verification measures to ensure that the information you have provided to us is correct and valid, including but not limited to your credit card details and your identification documents. All identification documents used for registration should be in the form of a valid identification card issued by the Singapore government.

At the point of registration approval, we may require further verification to ensure you are able to demonstrate the ability to make upcoming payment(s) against potential use of Circles.Life services. This would include but would not be limited to the request of a Guarantee Deposit from you. Details on Guarantee Deposit are shared below.

We reserve the right to accept or refuse a registration request at our sole discretion, at any time, and for any reason including but not limited to aforementioned verification measures.

At the point of registration approval, we may require you to place a Guarantee Deposit to ensure you are able to demonstrate the ability to make upcoming payment(s) against potential use of Circles.Life services:

  1. You can reject the aforementioned Guarantee Deposit request. In this case, your registration request will fail and we will refund any registration fees that might you might have paid during the registration process;
  2. If you have outstanding bills, we reserve the right to allocate all or part of your Guarantee Deposit to settle all or part of your outstanding bills.

Following terms and conditions apply for any Guarantee Deposit placed by you:

  1. No refund request can be submitted by you during the first 365 days after the placement of the Guarantee Deposit;
  2. We reserve the right to refuse any refund request, at our sole discretion, at any time, and for any reason;
  3. You can request for the refund of a given Guarantee Deposit a maximum of 3 number of times. Upon repeated requests and failures of such requests, we reserve the sole right to not process further refund requests from you;
  4. If you do not request any refund and/or if all your refund requests fail, we will ultimately refund what remains of your Guarantee Deposit when you terminate your Circles.Life account after deducting any dues.

Any information set out on the Circles.Life Website is an invitation to treat. No Contract in respect of any Product is formed until we have shipped the Products in accordance with our Order Confirmation. We will send an Order Confirmation upon receiving an Order as submitted by you. Please note that this is only an acknowledgment of receipt of your Order and does not constitute a Contract.

We reserve the right to withdraw any Products from the Circles.Life Website at any time and/or remove or edit materials or Content provided on the Circles.Life Website. We will endeavor to always process all Orders but in exceptional circumstances, we may refuse to process an Order after we have sent you an Order Confirmation, and we reserve the right to do so at our sole discretion at any time. If we cancel your Order due to the withdrawal of any product and you have already made payment for your Order, we will refund the full amount paid by you. We will not be liable to you or any other third party for or in connection with withdrawing any Product from the Circles.Life Website.

Products are only sold online via the Circles.Life Website. We do not provide any guarantees on the price of the Products, including any guarantee that the price offered for the Products are the best pricing. All sales of Products are pursuant to a license issued to us by the Infocomm Development Authority of Singapore (“IDA”) and shall be in accordance with the terms of our license. Products offered for sale by Liberty Wireless are limited to those displayed on the Circles.Life Website and as available in our internal inventory.

Whilst we make best efforts to ensure that all details, descriptions and prices which appear on the Circles.Life Website are accurate, there may be errors. If we discover an error in the price of any Product which you have ordered, we will inform you as soon as possible and give you an option to reconfirm your Order at the correct price or cancel it. If we are unable to contact you, we will treat the Order as cancelled. We are under no obligation to fulfill your Order if the price listed on the Circles.Life Website is incorrect, notwithstanding any Order Confirmation email sent to you by us.

Prices are inclusive of GST and are in Singapore Dollars. Delivery costs may be charged on an additional basis if applicable and shall be clearly displayed and included in the final total price of your Order.

Payment for the Products can be made using our payment partners on an upfront or via installment basis through your credit card as available under your credit card by your credit card company. We are not responsible for any installment payment arrangement that shall be solely managed between you and your credit card company and may be different from the amount charged under any bill issued by us.

Only DBS/POSB Credit Cards (Visa & Master) are accepted for installments.

Delivery shall only be made to the customer delivery address or to the self-collection SingPost location provided to us during online registration, or as agreed with us in writing prior to delivery. Delivery is handled by Singpost or XDel, our distributor, delivery and warehousing service providers. We will not be responsible for any delivery accepted by you at your delivery address. We will provide you with a link which you can use to track your order during the delivery process.

To authorise someone to receive the package on your behalf, fill out an authorisation letter. Here is a form format for your convenience: http://www.circles.life/authorizationform.pdf. The authorised person should be older than fifteen (16) years of age and is required to present a form along with both your IC and his/her IC or pass in order to receive the item at the home delivery address or at the self-collection SingPost location.

Upon home delivery or at the self-collection SingPost location, you must produce in person your original identification document used during your registration process. In the event you are unable to do so, you must appoint an authorised representative, who must present his or her and your original identification document to receive the Product as well as a Letter of Authorization signed by you.

We shall not be liable for any losses, liability, costs, damages, charges or expenses arising out of late delivery.

Please note that we may not be able to deliver to some locations. In such an event, we will inform you using your contact details provided to us in the Order to arrange for cancellation of the Order or for delivery to an alternative delivery address.

All risks in the Product shall pass to you upon delivery. From the time when risk passes to you, we will not be liable for loss or destruction of the Product.

If you do not self-collect your delivered new SIM card at the chosen self-collection location within five days of the day the SIM card was delivered there, the self-collection will be considered as a failure and you will have to request a re-delivery.

If you requested one or more delivery attempts after the failure of the first delivery attempt of any Circles.Life order you placed, including but not limited to SIM cards, replacement SIM cards and devices, you will be liable for a S$15 re delivery fee for each additional delivery attempt performed. If an additional delivery attempt request is due to a delivery failure on our end or at the end of our delivery partner, Circles.Life may waive this S$15 re-delivery fee upon investigation and at its own discretion.

IV. After Sales Service and Warranty


All after sales services and warranties are provided by the respective manufacturers of the Products. We are not obligated at any point or in any circumstance to provide after sales services and warranties to the Customer in relation to the Product.

We may provide an option to provide third party insurance on the Product. We will refer you to the terms of the applicable third party insurance as provided by the third party insurance provider.

V. Cancellation, Returns and Refunds of Products


Unless otherwise specified in the Terms, refunds and returns are only possible on a case-by-case basis. In the event you wish to request for a refund or return of the Product, you must contact us in writing within five (5) days of the Order Confirmation, clearly labeling the email or letter with reference to the refund or return in question, and provide us with all relevant details, including any order confirmation number or reference details. We retain sole discretion in the processing of any refunds and returns of Products.

In the event of a chargeback effected by a credit/debit card company, a bank or any other accredited organisation on behalf of a Circles.Life User, Circles.Life reserves the right to suspend the account of the aforementioned Circles.Life User following the chargeback. In such case, the User will be notified before the suspension occurs.

Circles.Life reserves the right to restore the subscription of the aforementionned User under the following circumstances:

  1. If the User agrees to pay back to Circles.Life the chargeback that was initiated by the User.
  2. If the credit/debit card company or bank or any other accredited organisation that effected the chargeback agrees to pay back to Circles.Life the chargeback that was initiated by the User.

VI. Faulty Products


All Product descriptions, information and materials made available on or through the Circles.Life Website are provided “as is” and without warranties, express, implied or otherwise, howsoever arising. Product details and images may differ slightly from the actual Product you receive. The Products delivered to you will be on an “as is” basis as delivered to us from the manufacturer, official retailers or distributors as may be applicable.

We shall not be responsible for any delivery of faulty Products. In the event you are of the view that the Product delivered is faulty, you may contact us to assist in facilitating any liaising with the respective manufacturer in relation to the manufacturer’s terms and conditions.

We hereby expressly exclude any liability associated with any software installed on the Product if any.

VII. Payment for Services


You will need to pay for Services in accordance with the Services signed up by you. The details of billing arrangements will be set out in the Circles.Life Mobile Terms and Conditions or any other specific terms and conditions applicable for the Service.

We do not store payment information provided by you and shall refer or direct you to Wirecard, our payment service provider for handling any payment by you in relation to the Services.

VIII. Your Responsibilities


In your access and/or use of the Circles.Life Website, you shall:

  1. Not commit or encourage criminal offences, transmit or distribute a virus, including but not limited to Trojan horse, worm, logic bomb;
  2. Post any other material on the Circles.Life Website which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
  3. Hack into, decompile, distribute or modify any aspect of the Service or Circles.Life Website;
  4. Corrupt, delete, distort, create unauthorised copies or disclosures of any data;
  5. Conduct any act that cause annoyance to other users of the Circles.Life Website or the Service;
  6. Infringe any rights of any third party’s proprietary rights;
  7. Send any unsolicited advertising or promotional material;
  8. Attempt to affect or monitor the performance or functionality of any computer facilities of or accessed through the Circles.Life Website;
  9. Conduct any act that is likely to cause confusion amongst customers or discredits, misleads or distorts the reputation of Liberty Wireless or the Circles.Life Website.

Any breach of any of the provisions above may constitute an offence under the Computer Misuse and Cybersecurity Act 2013 of Singapore, for which Liberty Wireless may report the breach to the relevant regulatory authority and take any relevant legal action.

IX. Limitation of Liability Disclaimer of Warranty


The Circles.Life Website and all Content, Products and Services provided on the Circles.Life Website are provided on an “as is” basis and “as available” basis and you accept that your access and/or use of the Circles.Life Website (and all Content, Product and/or Services therein) are at your own risk. All Content on the Circles.Life Website is provided without any guarantees, conditions or warranties as to its accuracy. Liberty Wireless expressly 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, to the fullest extent allowed by law.

Without prejudice or limitation to the foregoing, Liberty Wireless makes no warranty as to the sequence, accuracy, completeness, security, compatibility, timeliness, reliability, quality, suitability, reliability, originality or non-infringement of any Content, Product or Service obtained or provided on the Circles.Life Website. Liberty Wireless does not warrant that the Circles.Life Website and any Service provided on the Circles.Life Website will be provided uninterrupted or available at all times or free from errors or that any identified defect will be corrected. Further, no such warranty is given that the Circles.Life Website and any Services provided on the Circles.Life Website and access to them are free of viruses, malicious destructive or corrupting code or program or other harmful components. Liberty Wireless shall not be responsible for any interruption, disruption to or deterioration in the quality, reliability or accuracy of any service or any technical issue that may arise from or in relation to any Service that Customer may have connected to any device. If a Customer has difficulties in accessing the Circles.Life Website, Liberty Wireless may, at its sole and absolute discretion, extend help and assistance to such Customer as an act of goodwill but shall in no event be obliged to provide the same. The provision of such help and assistance shall in no event be deemed an acknowledgement and/or acceptance of any liability on Liberty Wireless’ part.

Without prejudice to the foregoing, and to the fullest extent allowed by the law, in no event shall Liberty Wireless be liable for any direct, indirect, incidental, special, punitive or consequential damages, losses, costs or expenses including without limitation loss of revenue or profit (collectively, “Losses”) whether based on warranty, contract, tort, including negligence, strict liability under statute or otherwise, and whether or not Liberty Wireless is advised of the possibility of such Losses suffered or incurred by the Customer by reason of or in connection with the use of the Circles.Life Website and Services provided on the Circles.Life Website.

Notwithstanding the above, if for any reason Liberty Wireless cannot rely on the limitations of liability set out hereinabove, Liberty Wireless’ maximum liability in contract, tort (including negligence or breach of statutory duty) or otherwise to you and anyone who uses our Services or accesses the Circles.Life Website (except for death or personal injury to the extent required by law) shall be, limited to the lower of Singapore Dollars Five Thousand only (S$5000) or the total of your three (3) months’ charges preceding the event or series of events (if applicable).

Nothing in the Terms shall exclude or limit Liberty Wireless’ liability for death or personal injury arising from its negligence, fraudulent misrepresentation and any other liability that cannot be excluded or limited under applicable law.

We shall not be liable to you for any breach or delay in the performance of a Contract attributable to any cause beyond our reasonable control. In the event such breach or delay lasts for more than one (1) week, we may terminate the Contract by written notice and without any liability other than a refund of the price of the Product already paid for by you and not delivered.

X. Indemnity


You agree to indemnify and hold Liberty Wireless and its affiliates, and their respective directors, officers, employees, suppliers, vendors, licensors, agents and any third party content providers harmless from any claims, demands, losses, damages or expenses (including legal fees), arising from, relating to and/or in connection with (a) your use of the Circles.Life Website and/or the Content and/or Services therein, and/or (b) your breach of any of the Terms herein.

XI. Privacy


The Circles.Life Data Protection Policy shall form part of the Terms and can be found at the following link: https://pages.circles.life/terms/data-protection/.

XII. Notices


Any notice under a Contract shall be given in writing, whether via letter or email, to the relevant party at the address or email address last known to the other party. Notices given by post shall be deemed to have been served within two (2) Business Days of being posted to the recipient’s address in Singapore. Any notice by email shall be deemed to have been served within two (2) Business Days of the email being sent.

XIII. Circles.Life Website Content


All content included in or made available through the Circles.Life Website shall be the property of Liberty Wireless or its content suppliers is protected by applicable copyright laws. All such rights are fully reserved by Liberty Wireless and its licensors.

XIV. Complaints


Upon receiving your complaint, we will try to resolve disputes when they first arise in accordance with our internal complaints managing process. Please let us know via email if you have any complaints or comments, by clearly indicating in the title of the email of the nature of complaint or comment.

XV. Links to the Circles.Life Website


You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link from any website that is not owned by you.

The Circles.Life Website must not be framed on any other website, nor may you create a link to any part of the Circles.Life Website other than the home page. We reserve the right to withdraw linking permission without notice.

XVI. Disclaimer on Third Party Intellectual Property Rights


Except where expressly stated to the contrary, all persons (including their names and images), third party trademarks and images of third party products, services and/or locations featured on the Circles.Life Website are in no way associated, linked or affiliated with Liberty Wireless or the Circles.Life brand and you should not rely on the existence of such a connection or affiliation. Any trademarks or names featured on the Circles.Life Website are owned by the respective trademark owners. Where a trademark or brand name is referred to, it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Liberty Wireless or the Circles.Life brand.

XVII. General


Entire Agreement

The Terms shall apply to all Orders and Contracts made or to be made by us for the sale and supply of Products. The Terms constitute the entire agreement between you and Liberty Wireless and supersede any and all preceding and contemporaneous agreements between us.

Variation

We reserve the right to amend the Terms at any time without prior notice to you. All amendments to the Terms will be effective on the date it is published online on the Circles.Life Website. Your continued use of the Circles.Life Website will be deemed to constitute acceptance of the amended Terms. When you submit an Order on the Circles.Life Website, you and your Order will be subject to the Terms current at the date you submit the Order.

Governing Law and Dispute Resolution

The Terms and any Contract shall be governed and construed in accordance with the laws of Singapore. You agree to hereby submit to the non-exclusive jurisdiction of the courts of Singapore. You agree to bring all claims in relation to the Terms and any Contract within thirty (30) days of the relevant act or omission on which your claim is based, after which you agree that any right to claim or dispute shall expire. Upon your notice, we will investigate and provide a summary of our investigative findings to you within thirty (30) days. Any charges or payment due under the Term and any Contract shall be due and payable notwithstanding the existence of any ongoing claim or dispute. All dealings, correspondence and contracts between you and Liberty Wireless shall be made or conducted in English.

Third Party Rights

No person who is not a party to the Terms or a Contract shall acquire any rights under it or be entitled to benefit from any of the terms therein, even if that person has relied on any such term or has indicated to any party to the Terms or Contract its assent to any such Term. For the avoidance of doubt, the Contract (Rights of Third Parties) Act (Cap. 53B) is hereby excluded.

Relationship

Nothing in the Terms or a Contract shall create or be deemed to create a partnership, an agency or an employment relationship between you and us.

Assignment

You shall not assign, transfer, novate, charge, sub-contract, create a trust or deal in any other manner with the Terms or a Contract or any and all of your rights or obligations under the Terms or a Contract.

Severability

If any clause in the Terms or a Contract shall become or is declared a court of a competition jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall in no way affect any other clause or part of any clause, all of which shall remain in full force and effect.

Waiver

No failure or delay by us or you in exercising any right under the Terms or a Contract shall operate as a waiver of such right or extend to or affect any other or subsequent event or impair any rights or remedies in respect of it or in any way modify or diminish our or your rights under the Terms or a Contract.

END