TERMS &
CONDITIONS

CIRCLES.LIFE GENERAL TERMS & CONDITIONS

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


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 sixty (60) days to do so from 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. In the event of non-payment of any unpaid or outstanding Charges, we reserve the right to undertake legal action to recover the said sum. You will be liable for legal costs on a full indemnity basis incurred should we claim against any unpaid or outstanding Charges, or where we are entitled to legal costs under the Agreement. You will receive, through email, a final warning for non-payment exceeding a period of three (3) months, following which the matter will be forwarded to a law firm. A Letter of Demand will be issued by the law firm demanding full payment of outstanding charges and legal costs. Upon receiving this letter you will be granted seven (7) days to make full payment before commencing legal proceedings to recover all outstanding charges and any additional legal costs thereby incurred. 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;
  1. Undertake network management and maintenance, which may affect all or any part of the Services;
  2. Manage and control access to the Network, notwithstanding that such access is a requirement or constitutes part of the Services;
  3. 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.

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, Circle.Life (“The Company”) has the discretion to terminate the Agreement or temporarily disconnect the Services for such period as the Company considers appropriate without prior notice to the Registered Customer (“The Customer”) for the following events:
  1. If the Customer has created or is likely to create imminent physical harm (including but not limited to interruption, disruption or congestion) to the network; If the Customer uses, allows the use, intends on using the Services fraudulently or dishonestly;
  2. If the Company is acting in compliance with a requirement of any Authority, including for reason of illegal or improper activity by the Customer;
  3. If the Customer is deceased or has mental incapacity;
  4. If the Customer is a corporation and ceases to carry on business; or
  5. Without prejudice to the Company’s other rights, if the Customer repeatedly uses, allows the use, intends 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 the Company of infringing activity violations more than once, or in any event is determined by the Company to be a repeat infringer even without such notification.
To the fullest extent permissible under Applicable Laws, the Company has the discretion to terminate the Agreement or temporarily disconnect the Services for such period as the Company 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 the Customer has more than one account with Circles.Life, the Company has the right to terminate any or all of accounts should any Charges remain unpaid under any one of the accounts; If the Customer commit a breach of any of the terms and conditions of the Agreement;
  2. If the Customer becomes or threatens to become bankrupt or insolvent;
  3. If the Customer makes any compromise or arrangement with or assignment for the benefit of creditors or a receiver or administrator or judicial manager is appointed over the Customer’s assets or the Customers go into either voluntary or compulsory liquidation;
  4. If the Customers fails to pay the prepayment or deposit when requested by the Company;
  5. If the Customer tampers or copies or allows any person to tamper or copy the pre-programmed data of the SIM card (applicable to mobile services);
  6. If the Customer’s charges exceed the credit limit specified by the Company;
  7. If any of the information provided to the Company or specified by the Customer in the Agreement is found to be false or materially incorrect; or where the Charges imposed on the Customer for the Services are based on any particular use or purpose and the Customer utilized or allowed the Services to be utilized for any other use or purpose without first obtaining prior written approval from the Company;
  8. If the Company is permitted to do so under Applicable Laws, including without limitation, in the event Circles.Life discontinues its operations or any of its Services.
For any of the events under the paragraph above, the Company shall give the Customer the basis and advance notice of the potential suspension, disruption or termination, unless the Customer has rectified the breach and informed Circle.Life accordingly, where such breach is capable of remedy. Notwithstanding any suspension or termination aforesaid, the Customer shall, subject to Applicable Laws, remain liable for the performance of the Customer’s obligations including without limitation, the payment of applicable Charges, unless otherwise agreed to in writing by the Company. 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 for those Services for the period during which the Service is suspended. In the event Services are reconnected, the Customer shall be liable in respect of any reconnection fees that may be imposed by us. The Company may, at its own discretion, subject to any applicable Agreement terms and any other terms which the Company may impose, reinstate any Services which have been suspended or terminated. At the Company 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. In the event that the Customer chooses to no longer avail the services of Circles.Life, the Customer may initiate the termination request. For the Customer to be eligible to initiate termination, the Customer must
  1. Have been a Circles.Life customer for at least two (2) Billing Cycles (monthly process whereby the Company provides customers with a statement of their outstanding charges at the end of a calendar month)
  2. Not be bound by a contractual minimum term in Agreement with the Company
  3. Not have any outstanding charges with the Company at the time of termination request
For Termination requests, the Customer is required to send the Company the request by 12:00:00 pm (Singapore Standard Time) on the last day of the calendar month. For requests made after 12pm, the termination process will be initiated in the following month. The normal minimum term of services is two (2) Billing Cycles and any termination will be effective from the following monthly Billing Cycle. In the event the Customer terminates the Services or ports out before the end of a monthly Billing Cycle, the Customer will be obligated to pay the applicable charges for the remainder of the Billing Cycle. Circles.Life reserves the right to not proceed with the termination if the Customer has any outstanding payments. A new termination request must be submitted by the Customer once all outstanding payments are paid in full. In the event of a request for termination by the Customer after registering to the Circles.Life services and before the delivery of the SIM card, registration fees (one time upfront registration fee paid at the time of ordering a SIM card on the Circles.Life Website) shall not be refunded to the Customer. The Customer may choose to cancel the termination request anytime by 12:00:00 pm (Singapore Standard Time) on the last day of the calendar month. In the event that the Customer chooses to temporarily suspend availing the services of Circles.Life, for a duration stipulated by the Customer, the Customer may initiate the Suspension request. For the Customer to be eligible to initiate , the Customer must
  1. Have completed the Minimum Terms of Service
  2. Not have any outstanding charges with the Company at the time of Suspension request
For voluntary Suspension requests, the Customer is required to send the Company the request by 16:00:00 pm (Singapore Standard Time) two (2) days prior to the last day of the calendar month. For requests made after the stipulated time, the termination process will be initiated in the following month. Suspension charges will apply for the period of time the Customer account remains suspended. These charges can be revised by the Company without prior notice. The maximum duration of suspension is 12 months and Suspension can only be initiated after the minimum term in the Agreement. The Customer will be charged for the entire Suspension duration and the relevant charges associated with the Suspension will be deducted upfront. Suspension cannot start midway through a month and will only apply from the start of the following Billing Cycle. To request termination of a suspended line, the customer must reactivate the line first and any subsequent request for termination will only be initiated in the following month. Termination by either party will be without prejudice to any then existing rights and/or claims that the Company may have against the Customer, and Customer will still be required to fulfil due obligations including but not limited to, payment of all outstanding Charges, administrative and legal charges and any applicable prescribed early termination charges, prior to the date of termination. Customers are required to reach to the Customer Happiness team to cancel any orders they have placed on the Circles.Life Website. Customers can submit a cancellation request only from the link they receive from the Customer Happiness team. Customer can refuse to accept an order delivery in the event the order had been shipped when the Customer decided to cancel the order. Customer can cancel the order once the delivery is marked unsuccessful. Order Registration Fee, paid on Circles.Life Website at the time of order, shall not be refunded. Refund for the upfront amount paid for purchase of a device shall be processed on a case to case basis. Circles.Life reserves the absolute and sole right to refuse any refund requests at any time, and for any reason. For more details please refer to Cancellation, Returns and Refunds of Products section. The Company reserves the rights to claim losses and damages and/or any other rights and reliefs as may be available at law or in equity. 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 above mentioned 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;
  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.

XXIII.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).

XXIV. 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.

XXV. 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.

XXVI. 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.

CIRCLES.LIFE MOBILE TERMS & CONDITIONS

SUMMARY

I. Services and Equipment


In these Circles.Life Mobile Terms Conditions, Services refer to mobile services provided by Liberty Wireless Group of Companies, and Equipment refers to the handset or other Equipment which you use to obtain or access the Services. All mobile Services are subject to the Circles.Life General Terms and Conditions. You are bound and must observe and comply with all such terms. In the event of any conflict or inconsistency between any terms of any document comprising our agreement with you and the Circles.Life General Terms and Conditions, such conflict or inconsistency shall, in the absence of any express agreement to the contrary, be resolved in a manner most favorable to us to the extent permissible under Applicable Laws. If your SIM card is lost, stolen or damaged or if any analogous event has occurred, you must tell us immediately using one of the channels intended for this purpose, namely the Lost SIM form available on our website pages.circles.life/no-contract-plan under the My Account tab once logged in, the Happiness Hotline and / or by emailing on the email address [email protected] Until you inform us about any loss, theft or damage under this Clause through one of these channels, you will continue to be responsible for the Charges incurred using your SIM card regardless of your knowledge or authorization.

II. Telephone Numbers


When we allocate any telephone numbers to you, you will not have any rights to these telephone numbers except for the sole purpose of using the Services in accordance with this Agreement. You cannot sell or agree to transfer these telephone numbers to anyone else. You must not apply or try to apply for registration these telephone numbers as trademarks, whether on their own or together with any word or mark. We may, for commercial, operational or technical reasons or compliance with any requirement of the relevant regulatory authority, withdraw or change any telephone number allocated to you. However, we will endeavour to give you reasonable notice in this event.

III. Number Reservation and Auctions


Number Reservation

You may reserve an available telephone number on a first come first serve basis. Upon successful reservation of the number, you will have to register and make payment on the Circles.Life website (for both new and existing customers). You must make the number reservation under the same identification number (as issued by the Singapore government) which is allowed for registration purposes.  Each customer is entitled to reserve 2 numbers for 12 hours from the time of successful reservation (“Reservation Period”). If you have not signed up and made payment for the reserved number before the expiry of the Reservation Period, the number will be released into the available number pool for others. Once a successful number reservation is made, you are not allowed to change the number reservation. You may make a new reservation upon the expiry of the Reservation Period if you choose to do so. You may be required to pay for the number reservation service in accordance with further terms set out on the Circles.Life website.

Number Auctions

From time to time, we may allow customers to participate in number auctions on the Circles.Life website and/or Circles.Life App. All bid applications must be submitted in accordance with the instructions on the Circles.Life website and Circles.Life App by the stipulated deadline. Late and incomplete applications will be rejected. All applications and payments must be made in accordance with the instructions on the Circles.Life website and Circles.Life App and all applications not in compliance will be automatically rejected. We will allocate each auction number to the highest bidder. You may withdraw your bid at any time prior to the stipulated deadline for application subject to forfeiting your bid value. We serve the right and sole discretion to review and reject any bids submitted under this section. Successful applicants will be notified by way of a notification letter, email or other reasonable notification methods chosen by us, within the fourteen (14) days from the stipulated deadline for applications. All successful applicants must make payment for the auction numbers in accordance with their bid and must subscribe to an available Circles.Life mobile plan under their personal name within 5 days from the date of our notification. We reserve the right and sole discretion to forfeit any auction number with no refund to the successful applicant in the event the successful applicant does not subscribe to a Circles.Life mobile plan as set out above, or if the successful applicant subsequently terminates the Circles.Life mobile plan with the auction number. All rights in relation to the auction number remains with us.

Line reinstatements

Once you have terminated your subscription to Liberty Wireless Limited, we will allow a period of 10 days from the date your line was terminated to reinstate your number if necessary. However, beyond the period of 10 days, Liberty Wireless Limited cannot guarantee to reinstate your previous number.

IV. Mobile Plans


Mobile services provided by us are on a post-paid, SIM-only plan as follows:
    1. “Base Package”: the base package will consist of the following features on a monthly cycle basis for S$28.00: Mobile Data: Up to 6 GB* (4G speed available)                                                                            SMS: 25 SMSes Incoming/Outgoing Calls (Local): 100 minutes Under the Base Package, you may modify your package by topping up mobile data, incoming/outgoing calls and/or SMS subject to a maximum of 20 GB per month of mobile data, 400 minutes of incoming/outgoing calls and 400 SMS.
  1. “Plus Package”: in addition to the Base Package above (including any modifications you may have made), you can subscribe to further add on services and functions offered by us. 
The one-time upfront registration fee paid at the time of online checkout is non-refundable. Service won’t start until the copies of customer identity documents are approved by the Company and the customer has successfully received the SIM card post verification of customer’s address and original identity documents. If the submitted copies of identity documents are not approved or in the case of unsuccessful delivery or in the case of unsuccessful verification of original identity documents, the chosen number will be reserved for a limited time period only. Once the customer identity documents are approved, the minimum termination period as set by the Company will apply and the customer will be charged accordingly. Incoming calls are not free of charge and are included in the total airtime minutes as set out in this Clause above. Unless otherwise stated elsewhere, the normal minimum term of Services is two (2) Billing Cycles 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, and if you have been registered for more than a month, 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. You will be able to adjust your plan from month to month by adjusting your Base Package as well as adding on to the “plus” component of your mobile package. All changes made to your mobile package during a monthly Billing Cycle will be effective on the next monthly Billing Cycle. You can tweak only 8 times your “base” and “plus” components for the next Billing Cycle. We should receive the request by 10:00pm (Singapore time) the day before your next Billing Cycle begins. Please note that no changes will be recorded by our system after 11:50pm (Singapore time) the day before each Billing Cycle begins, and before 6:00am (Singapore time) on the first day of each Billing Cycle.

4G+

All our mobile packages include 4G+ service. Liberty Wireless reserves the right to levy charges or amend the charges anytime by prior notice to the Customer in accordance with the Circles.Life General Terms and Conditions. Full 4G+ speed under the 4G+ service may only be available with 4G+ compatible devices.

Pay-as-you-go

If you exceed your monthly allocation in accordance with the Base Package and/or Plus Package selected in the previous monthly Billing Cycle, you will be charged on a pay-as-you-go basis for any additional voice, SMS and MMS services used. The pay-as-you-go prices are as follows:
    • Voice Incoming: S$0.08 / minute
    • Voice Outgoing: S$0.08 / minute
    • SMS (local overseas): S$0.050 S$0.150 per SMS
  • MMS (local overseas): S$0.900 S$0.900 per MMS
There is no pay-as-you-go option available for mobile data. To avoid any break in access to mobile data within your monthly Billing Cycle, please use the Boost or auto Boost features available.

Boost

You can instantly top up your mobile data anytime on Circles.Life, the self-care mobile app. This Boost is available as follows: 1 GB ($6.00) or 2 GB ($10.00). All top ups expire at the end of the monthly Billing Cycle.

Boost with DBS Points

Circles.Life Customers have the option to pay for Circles.Life Data Boost using their DBS Points. Customers can redeem DBS Points to pay for the Data Boost by selecting “Pay with DBS Points” option in the Circles.Life mobile app. Customer will be required to login using their DBS iBanking login credentials. Customer must have sufficient DBS Points to fully purchase the Data Boost they select. Partial payment using DBS Points is not available at the moment. DBS Points are non-refundable once redeemed for Data Boost. Any purchase of Data Boost using DBS Points cannot be reversed by Circles.Life and/or DBS. Customers are advised to reach out to DBS directly for any information related to DBS Points. Circles.Life reserves the right to deactivate or disable the option of redeeming DBS Points for Data Boosts at any time.

IDD Credits Call charges

We may apply a credit limit for call charges (including mobile roaming charges) incurred under your account. Services may be suspended or disrupted in case of non-payment or if this limit is exceeded. The airtime usage for local and international toll-free calls (including but not limited to the 1800- and/or 800- services) are deducted from talktime allocation. If the Customer does not have enough talktime left on his Circles.Life Plan, local call rates will apply.

Temporary Suspension

We may offer temporary suspension of your mobile number based on minimum and maximum durations, suspension rates and other conditions as may be decided by us and notified to you.

Termination

In the event you wish to terminate your Circles.Life telephone number, you will be charged for all outstanding Charges and your number will be terminated on the last day of the month at 4pm. You will no longer be eligible for any and all privileges and bonuses acquired during your Circles.Life experience.

Premium Rate Services (PRS)

Premium Rate Services are value-added services provided over a public telecommunications network which consists of the provision of content/facility e.g. information, quizzes, games, 1900 charity donations etc. for which charges are over and above standard network charges. Premium Rated Services are not available on the Circles.Life mobile network.

Billing

Overall pay-as-you-use usage (Voice/SMS/IDD/PRS/MMS/Voice roaming/data roaming/sms roaming) limit may be capped at $200, ie. when this limit is reached, we may trigger a payment. Failure to charge your credit card may result in service disruption after you have incurred a bill of $200. All customer are given a default cap of $100 of data roaming. Upon request by customer, this limit can be changed. All Customers will be on the same billing period, starting on 1st of each month to the last day of the month, unless otherwise specified by Liberty Wireless. Charges for the Base Package is chargeable in advance at the start of the monthly Billing Cycle. If you sign up before the monthly billing date (i.e. 1st of each month), you will either be charged at the date of purchase or at the monthly billing date or anytime in between for either a pro-rated amount of the Base Package applicable from the date you sign up to the next immediate monthly billing date or this pro-rated amount and the subsequent full monthly Billing Cycle. Instant top-ups for mobile data will be charged to your credit card immediately. The pro-rated charge will be applicable from your purchase online. Unless otherwise specified in this Clause, all payment will be deducted automatically from the credit card registered under the Customer’s name when payment falls due. The bill will reflect payments received (if any) from earlier partial payment applicable. Local voice services are chargeable on a one (1) minute pulse basis for the first minute, and on a thirty (30) seconds pulse basis thereafter. IDD 021 and IDD 002 are charged in blocks of 6 second with a minimum charge of one (1) minute. Please note that in both cases, a call duration will be rounded up to the nearest block to apply calling charges. This charging policy applies to both peak and off-peak time periods of IDD 021 and IDD 002. Roaming voice services are chargeable on a one (1) minute pulse basis. Local SMS and MMS services are chargeable on an event basis. Roaming MMS services are chargeable on an event basis on top of the data consumed for uploading and downloading the content. Data services are chargeable on a ten (10) kilobytes pulse basis. GST will not be applicable to IDD services. All prices stated include 7% GST and based on a monthly Billing Cycle unless otherwise stated in this Agreement. If the payment of an invoice is not completed within the twenty-five (25) days following the date of invoice, the Company reserves the right to apply a Late Payment Fee of SGD 15 (including GST) on the customer who is late in making the payment against the said invoice. This Fee will be charged at the end of the billing period. If the payment towards an invoice is not completed within ninety (90) days after the date of invoice, the Company reserves the right to apply a Non-Payment Fee:
    • The aforementioned Non-Payment Fee will consist of a commission of 10% (including GST) on the outstanding amount of the invoice (the outstanding amount of the invoice includes the Late Payment Fee).
    • The User might be reached by an external company representing the Company for the purpose of recovering the outstanding amount of the invoice and/or the Non-Payment Fee applied to this outstanding amount.
  • The Company reserves the right to disclose part or all of the User’s Personal Information with such external companies at its discretion for the purpose of debt recovery.
The Company reserves the right to deny service to a User who has been late in payment of dues. If the User requests a termination of his Circles.Life account while the User has outstanding bills regarding mobile plan or other services provided by the Company, the Company reserves the right to suspend the User’s account and to hold his termination request until all outstanding bills payable by the User are settled. Premium rated services will be barred for all mobile Services. For the avoidance of doubt, we will be blocking all premium SMS messages.

V. Discounts and Bonus


Registration fees may be waived for selected customers. Customers may benefit from extra free mobile data based on their usage of certain Services provided by Circles.Life. Please see below. Any of the monthly Bonus data mentioned below are limited time only promotions and can be discontinued anytime at the sole discretion of Liberty Wireless without any prior notification.
    1. By downloading and using our app Circles.Life, the Customer will be eligible for free mobile data, which shall expire at the end of the applicable monthly Billing Cycle;
    1. The first Customers (Beta testers) will be eligible for extra free mobile data for 6 months. The free data expires end of each Billing Cycle subject to any extension, modification or further promotion by Liberty Wireless. Which customers qualify as Beta testers will decided solely by Liberty Wireless;
    1. In the event you refer a new customer to join the Services, both you and the new customer will be eligible for additional free mobile data. The free mobile data expires at the end of each Billing Cycle subject to Liberty Wireless’ discretion. Please note that the referral code assigned to you by us is exclusively designed to be shared with friends and family and cannot be used for commercial purposes. Hence sharing the code assigned to you on unregulated public forums, discount websites and for commercial use is strictly prohibited unless specifically agreed to with the Company. To avail Referral Data every month, the referee as the referred party should both remain on the network for the entire duration of a month. Please also note that Liberty Wireless can choose to introduce limits on the number of referrals a person can make and this limit can be changed anytime by the Company on its own discretion.
    1. Various discounts and bonuses available on an event-specific basis. Customers may be given additional free mobile data bonus on downloading of our app, on their birthday or reaching other milestones as set out on the website;
    1. Other free mobile data for new and existing Customers as may be specified by Liberty Wireless from time to time.
    1. For customers who port their numbers, the following will apply: once their portin is successful, they will receive an e-mail containing a promo code which, if redeemed, will offer a bill waiver applicable over 6 bills. Therefore, an equal fraction of the bill waiver will be deducted from the customer’s first 6 bills. Circles.Life reserves the right to alter the bill waiver and extend the number of billing cycles of application.
    1. For new customers (not including Flexi Plan customers) activating their app on or before the 22nd of the month, a Free Unlimited Data pack will be applied on the first month of activation.
  1. For new customers (not including Flexi Plan customers) activating their app on or after the 23rd of the month, a Free Unlimited Data pack will be applied on the first two months of activation.
All extra free mobile data, unless specifically mentioned above, expires at the end of each billing cycle. Some discounts are limited time promotions and can be discontinued anytime at the sole discretion of Liberty Wireless without any prior notification.

Referral code

    1. Users must comply with all up-to-date “SPAM” laws. Any distribution of your referral code that may constitute unsolicited commercial email “spam” under any applicable law or regulation is expressly prohibited and will be grounds for immediate termination of your referral code and exclusion from the Leaderboard programme.
    1. Circles.Life reserves the right, at its sole discretion, to prohibit any user from participating in any aspect of our Leaderboard programme if Circles.Life deems or suspects that the user has engaged in or has attempted to engage in any of the following: a) acting in violation of these programme Terms & Condition; b) damaging, tampering with or corrupting the operation of the programme or site; c) acting with intent to annoy, harass, or abuse any other person; d) any inappropriate, uncooperative, disruptive, fraudulent, potentially fraudulent, or unusual behaviour or activity; e) activity deemed in the sole discretion of Circles.Life to be generally inconsistent with the intended operation of the Leaderboard programme. Circles.Life shall be the sole determiner in cases of suspected abuse, fraud, or breach of these Program Terms and Conditions or intent of these Program Terms and Conditions.
  1. Personal referral codes may only be used for personal and non-commercial purposes. This means that you can share your referral code with your personal connections via email, Twitter feeds, Facebook pages, personal blogs, etc. where you are the primary content owner. However public distribution on sites where you are a contributor but not the primary content owner (e.g., Wikipedia, coupon websites, Carousell) is not allowed. Users are encouraged to help other users within the community on Facebook, Twitter and other social media channels through answering questions and assisting other potential customers. Comments that are flagged as instances of referral code spamming (e.g. repetitive messages pushing referral codes, irrelevant content with referral code) may be considered a violation of terms & conditions.
  1. Personal websites, blogs or accounts created with Circles.Life trademarks, with or without intention to mislead public that the user is affiliated to Circles.Life, are not allowed.
Circles.Life reserves the right to disable the referral code if users violate the terms & conditions.

VI. Additional Features and Services


Unlimited Data on Demand

Unlimited Data on Demand (“Unlimited Boost”) is a Boost for Circles.Life Customers (“Customers”) at a price of $3 per calendar day (“Subscription Fee”). Customer can subscribe to Unlimited Boost through the Circles.Life mobile application (“App”) anytime. Once activated, Unlimited Boost will be valid for a single calendar day from the time of subscription until 11:59:59pm Singapore Standard Time on the day of activation (“Boost Validity). Subscription of Unlimited Boost will not automatically renew the following day of subscription. Customers can choose to manually subscribe the Boost from the App after the subscription expires. Customers cannot subscribe to any Boost during Boost Validity as long as subscription of Unlimited Boost is valid. Customers can still subscribe to Plus and continue to make changes to their Base plans. Unlimited Boost cannot be unsubscribed and will expire automatically after the Boost Validity. The complete Subscription Fee will be charged immediately to Customer’s card on file at the time of subscription. The Subscription Fee will not be prorated regardless of the time of subscription. In particular, if Customers activate the Unlimited Boost in the middle of a day, they will still be charged the full Subscription Fee. Unlimited Boost is solely for personal use and is only available for local consumption in Singapore. Any commercial use is strictly prohibited. Unlimited Boost is subject to Circles.Life’s Fair Usage Policy (“FUP”). To ensure that the data usage of very active Customers do not negatively impact experience of other Customers, a fair usage policy of 100 GB per calendar month has been put in place. When the mobile data usage of an individual Customer exceeds 100 GB in a calendar month, the Customer’s data speed will be managed to ensure all Customers have a positive network experience. The data speed will be reset to regular speed of up to 4G+ at 12:00AM on the first day of the following calendar month.

Caller ID

Caller ID service is provided free of charge for a limited time as decided by Liberty Wireless, after which there will be a fixed charge imposed on a monthly basis. You may discontinue the Caller ID service at any time by tweaking your plan accordingly on the Circles.Life application. For more information, please refer to our customer support at [email protected]

Auto-Boost or Auto Top-Up

Auto-Boost is an optional feature that can be turned on or off anytime from the Circles.Life app. It is enabled by default and will remain available to only those users who keep it enabled. The Auto-Boost feature allows users seamless data. Availing users are given an Auto-Boost of 200 MB of mobile data when they are running out of data. The users will also be given an Auto-Boost if they are about to consume an Auto-Boost they received earlier. Auto-Boosts are given automatically and don’t require any action on the part of the user, unless the user has disabled the feature. The first 25 Auto-Boosts in a particular month are charged at the end of the billing period for that month. However, charges for 26th Auto-Boost onwards for that month may be deducted immediately from the credit / debit card provided by the user on file. If payment is successful, charges for the 26th Auto-Boost onwards will be added immediately to the user’s data plan. Please note that if payment for a particular Auto-Boosts fails, the Auto-Boost request will be cancelled and the Auto-Boost feature will be automatically disabled. This could result in the customer being unable to access mobile internet. Please note that Circles.Life does not hold responsibility for any personal losses or inconvenience under such circumstances. If users disable Auto-Boost feature, they may run out of data completely. In such cases, they’ll need a working internet connection to either enable Auto-Boost or subscribe a Boost option to continue having access to mobile data. Please note that Circles.Life does not hold responsibility for any personal losses or inconvenience under the circumstances where a user switches off the Auto-Boost feature which then subsequently results in the user not having access to mobile internet.

WhatsApp Data

Unlimited WhatsApp Plus is provided free of charge as a Plus when you subscribe to a mobile plan with Circles.Life. This feature allows the user to send unlimited, free of charge, Text Messages, Video clips and Photos via WhatsApp. This option does not extend to WhatsApp Video Calls. Circles.Life reserves the right to modify the scope of WhatsApp features covered by Unlimited WhatsApp Plus anytime without prior notice to the user. Please note that Unlimited WhatsApp Plus is subject to our Fair Usage Policy (FUP). WhatsApp service for an account may be disrupted if the data balance for the account is below 100 MB. Roaming Settings Customers subscribed to Passport (“Subscribers”) have two options for data roaming usage: Passport with voice and SMS roaming. With this option, Subscribers cannot use data roaming outside of Passport. WhatsApp video and voice calls will also not work; Passport with data, voice and SMS roaming. With this option, Subscribers can use data roaming with Passport, but any data usage outside of Passport will be charged based on prevailing roaming rates in that country. Subscribers can switch between option (1) and (2) anytime from the App but changes in settings will take effect only at the end of the calendar day (Singapore Standard Time). Subscribers may need to restart their handsets to force the device to pick up the changes in the settings. Limitations Passport cannot be unsubscribed and will expire automatically after the Passport Validity. Passport is only applicable to WhatsApp instant messaging including multimedia attachments in instant messages. Passport does not include WhatsApp voice or video calls. Passport is solely for personal use. Any commercial use is strictly prohibited. Passport is subject to Circles.Life’s Fair Usage Policy (“FUP”). Passport is valid only if Customers are roaming under one of the service providers and countries in the list below. Outside of these service providers, WhatsApp usage may be charged as per the prevailing roaming rates in that country.
Country Service Provider
Malaysia Celcom
Indonesia Indosat / XL
Hong Kong Smartone
USA AT&T
Australia Telstra / Vodafone
Taiwan Chunghwa
India Airtel / Idea
UK Vodafone
Italy Vodafone
Spain Vodafone
Sri Lanka Dialog
South Korea KT
New Zealand Vodafone
Germany Vodafone
Macau Smartone
Cambodia Smart
Turkey Vodafone
Bangladesh Robi

SIM Replacement

A replacement fee of S$25 will be applicable to issue a new Circles.Life SIM card in the event the existing SIM card is misplaced, lost, damaged or nonfunctional. The fee will be charged to the monthly bill.

Unlimited Outgoing Calls

Unlimited Outgoing Calls (“Unlimited Plus”) is a Plus which provides unlimited outgoing locals outgoing calls in a calendar month to Circles.Life Customer (“Customers”) at a price of $16 per calendar month (“Subscription Fee”). Subscription Once activated, the Unlimited Plus will be automatically subscribed by default at the start of each Billing Cycle, unless the Customer deactivates it through the Circles.Life mobile application (“App”). The complete Subscription Fee will be charged immediately to Customer’s card on file at the time of subscription. The Subscription Fee will not be prorated regardless of the date of subscription. In particular, if Customers activate the Unlimited Plus in the middle of the month, they will still be charged the full Subscription Fee. Subscription Fee will be collected at the start of each Billing Cycle for subscriptions that are automatically renewed. Unsubscription The Unlimited Plus can be deactivated through the App anytime during a Billing Cycle. However, the deactivation will take effect only from the start of the following Billing Cycle. In particular, the Unlimited Plus will remain activated until the end of the given Billing Cycle. Limitations Customers cannot modify their Base plan talktime if they are subscribed to both Unlimited Outgoing Calls Plus and Unlimited Incoming Calls Plus. Unlimited Plus is limited to outgoing voice calls to local Singaporean numbers. Unlimited Plus is solely for personal use and is only available for local consumption in Singapore. Any commercial use is strictly prohibited. Unlimited Boost is subject to Circles.Life’s Fair Usage Policy (“FUP”).

Unlimited Incoming Calls

Customers have the option to purchase our Unlimited Incoming Calls Talktime Plus option (“Plus”), which gives customers unlimited incoming local calls every month. This is a payable Plus option and will be charged every month as per the price indicated on our website and the Circles.Life app. If the Plus is switched on in the middle of the month, the Customer will still be charged the entire monthly amount due for availing the Plus. Note that this Plus option can be switched on anytime during the month (and is chargeable for the entire month) but can only be switched off from the month following the Customer’s indication to switch it off.

Separate Equipments Purchase

Circles.Life may offer to its customers an option to purchase Equipments under a separate agreement (“Separate Equipments”) unrelated to any other purchase of Circles.Life Equipements, Softwares or Services. The customer would complete this option in a separate unrelated transaction to any other prior or subsequent transaction. Service, Equipment and Software General Terms and Conditions fully apply to Separate Equipments sold by Circles.Life, unless stated otherwise in the Terms. To place an order for a Separate Equipment on the Circles.Life Website, you must have purchased at least a mobile plan and at least one of your mobile plan orders must have been approved by Circles.Life. Please note that to place an order on any Equipment, Software or Service provided by Circles.Life, 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 under the supervision of your parents or legal guardian. Payment for the Separate Equipments can be made using our payment partners by paying the entire cost of the equipments upfront or through installments using your credit card (DBS and in some cases OCBC). Circles.Life is not responsible for any installment payment arrangement that shall be solely managed between you and your credit card company or Bank and may be different from the amount charged under any bill issued by Circles.Life. You may choose the option of a S$0.00 upfront payment and pay for the entire cost of the Equipment using the installment payment plan for the Separate Equipment. In this case, you will be charged S$0.01 when the order is processed to validate your payment details. If the S$0.01 payment is successful, the S$0.01 will be refunded immediately. If the S$0.01 payment fails, we will not be able to process your purchase and the S$0.01 will be refunded immediately if needed. No promotion code shall be redeemed on a Separate Equipment purchase – exceptions to this condition are entirely based upon the discretion of the Circles.Life. Unless otherwise specified in the Terms, refunds and returns on Separate Equipments purchases will not be authorized.

Pay Now option

“Pay Now” is a feature exclusively available to users in arrears. Throttled or suspended users can use the Pay Now option to clear their outstanding bills and get reactivated. All payments triggered by the Pay Now feature will be charged immediately on the credit card registered under the user account. The following users are eligible for Pay Now:
    1. Suspended users for nonpayment;
    1. Throttled users for nonpayment;
  1. Users who haven’t cleared their outstanding bill(s).
If the payment fails even after using Pay Now, the user can re-use the Pay Now feature anytime later. Reactivation of suspended and throttled subscribers will be processed within one working day of clearing all outstanding payments. In some rare cases, the reactivation may take up to three working days. Pay Now option will not be available for up to four hours when the system automatically attempts to collect payment for due payments. Throttled or suspended users need to clear the complete outstanding bill to be considered for reactivation. Post payment of all outstanding bills, service will be restored within two working days.

Data Roaming Cap

Data Roaming Cap is a feature available to all Circles.Life Users on the Circles.Life app. The feature allows users to cap their monthly Roaming expenses. Roaming expenses attributable to Voice and SMS usage as well as expenses other than Roaming will not be part of the capped Roaming consumption. The Data Roaming Cap feature cannot be deactivated. Users can however disable Roaming using their device settings or the Circles.Life app settings. All Users are given a default Data Roaming Cap of $100 of Data Roaming expenses. Users can change their Data Roaming Cap anytime for free using the Circles.Life app inside the range of authorized Data Roaming Cap values available unless stated otherwise in these terms. Data Roaming Cap can have three possible values: $100, $300 and $600. Circles.Life reserves the right to change these values and/or add more values anytime without prior notice to the Users. Following terms and conditions apply for any Data Roaming Cap change request placed by Users:
    1. Users need to pass an authentication step to increase their Data Roaming Cap value- this may include User’s Date of Birth or NRIC or other such authentication;
    1. If Users request for a new Data Roaming Cap value equal to $600, they will need to pass verification measures to ensure they are able to demonstrate the ability to make upcoming payment(s) against potential use of Data Roaming. The process may take one to two working days. Please note that Circles.Life reserves the right to reject any Data Roaming Cap change request to $600;
  1. During a given monthly billing cycle, If Users select a new Data Roaming Cap less than or equal to their Data Roaming expenses from the beginning of the billing cycle to date, Data Roaming will be automatically disabled. This may result in Users being unable to access mobile internet. Please note that Circles.Life does not hold responsibility for any personal losses or inconvenience under such circumstances.
Please note than once a User reaches his/her respective Data Roaming Cap, Data Roaming will be automatically disabled. In such cases, they will need a working internet connection to increase their Data Roaming Cap to continue having access to mobile data through Roaming. Please note that Circles.Life does not hold responsibility for any personal losses or inconvenience under the circumstances where Users cross their Data Roaming Cap which then subsequently results in Users not having access to mobile internet. Unlimited Data for $20 Unlimited Data for $20 is an option (“Plus”) which provides the User additional 20 GB of 4G+ speed and unlimited data at managed speed of 0.75mbps after full data allocation consumption for twenty (20) SGD available within a given month. Once activated, the Plus will auto-subscribe after each monthly Billing Cycle by default, unless the User deactivates it. Circles.Life reserves the right to alter the throttled speed limit at their discretion. Subscription The Plus can be activated either at the time of subscription to Circles.Life services or afterwards on the Circles.Life mobile application as long as the User remains subscribed to Circles.Life services. The complete monthly subscription charge of twenty (20) SGD may be immediately applied upon the first activation of the Plus within a given monthly Billing Cycle, regardless of further deactivation(s)/reactivation(s) in the same monthly Billing Cycle. This charge may be reflected in the next applicable bill or may be deducted immediately from the credit / debit card provided by the User on file at Circles.Life discretion. The monthly subscription charge of twenty (20) SGD will not be pro-rated, regardless of the date of subscription to the Plus. In particular, if the User activates the Plus in the middle of the month, he / she will still be charged the full monthly subscription of twenty (20) SGD. Usage As long as the Plus remains active, the User will be liable for the entire amount due for availing the Plus during the next Billing Cycle at the end of every Billing Cycle. The monthly subscription charge of twenty (20) SGD will not be pro-rated, regardless of any deactivation(s) or reactivation(s) of the Plus within a given monthly Billing Cycle. Unsubscription The Plus can be deactivated anytime during a given monthly Billing Cycle. However, the deactivation will be taken into account starting from the following monthly Billing Cycle. In particular, the Plus will remain activated until the end of the given monthly Billing Cycle. Limitations At the end of any given monthly Billing Cycle, any unused data provided through the Plus on the aforementioned monthly Billing Cycle will not be rolled over to the next monthly Billing Cycle in any case . The data provided through the Plus is available for consumption locally in Singapore. The Plus is subject to Circles.Life Fair Usage Policy (FUP).

Number change

A fee of $32 (“Fee”) will be applied for a request to change the mobile number of a Circles.Life customer. The Fee may be charged immediately. There may be an additional fee if the requesting customer selects a special number. In such cases, the total fee would be $32 plus the price of the special number. The customer will need to specify three separate mobile numbers that are available on the Circles.Life website. The number change service is offered on a best effort basis and may take up to three working days. The Circles.Life customers will need to satisfy the following criteria to be eligible for a number change request:
    • Customer does not have any outstanding bills or dues
    • Customer has not changed mobile number in the same month
  • Customer not have port-in scheduled in the same month

VII. Flexi Plan


Flexi Plan (“Plan) is a SIM only post-paid mobile subscription plan offered by Circles.Life. The Plan is priced at $0 per calendar month (“Bill Cycle”). Users subscribed to the Plan (“Flexi Users”) will get:
    1. one (1) GB of mobile data;
    1. talktime of thirty (30) minutes;
  1. ten (10) outbound SMS to Singaporean numbers.
Additional Usage Flexi Users can purchase Boost from the Circles.Life mobile application (“App”) anytime during a Bill Cycle. Boosts will expire at the end of a Bill Cycle and any unused balance will also expire with the Bill Cycle. There are three (3) types of Boosts (“Flexi Boosts”) available in the Plan:
    1. One (1) GB at $8;
    1. Two (2) GB at $12;
  1. Thirty (30) minutes talktime and ten (10) SMS at $5.
Plan Change Flexi Users can upgrade to Circles.Life Base Plan of $28 per month (“Base Plan”) anytime through the App. Any balance remaining in the Flexi Boost will be available in the upgraded plan. Any Base Plan user will not have the option to change to Flexi Plan. Please note that you may not revert to the Flexi Plan after an upgrade to the Base Plan. Restrictions Flexi Users will not have access to these services:
    1. IDD calling and SMS services;
    1. change of assigned mobile number;
    1. pay as you go service;
  1. number suspension.
Flexi Plan can be purchased only once against a NRIC. Talktime will be applicable to outbound voice calls to only Singaporean numbers. Any inbound voice calls will also be consumed from the allocated talktime, either as part of the Plan or as part of Flexi Boosts. Flexi Users will not have access to Unlimited WhatsApp. Only two (2) iMessage or FaceTime activations will be possible in a Bill Cycle. For additional activations, Flexi Users will need to wait for the following Bill Cycle. Circles.Life reserves the right to suspend a Flexi User account which it deems inactive for an extended period of time.

VIII. Porting


Users who are already subscribed to a post-paid service with another Mobile Services Provider (“Donor Operator”) can port-in their numbers to Circles.Life under the following conditions:
    1. The number to be ported-in is under a post-paid offer with the Donor Operator;
  1. The number to be ported-in is currently active and not suspended with the Donor Operator.
Users requesting a port-in will be given a temporary number to start availing Circles.Life services until the port-in is successfully processed. The temporary number will be terminated after a successful port-in. If the owner of the number to be ported-in is a different person from the User, the identification details provided by the User to Circles.Life will not match the identification details registered with the Donor Operator. In this scenario, the owner of the number will have to provide his/her NRIC/ID and complete an authorization form available for download on the Circles.Life app. Post this, Circles.Life will help transfer the ownership of the number to be ported-in from the current owner of the number to the User by liasing with the Donor Operator. The User will have to upload the aforementioned documents through the Circles.Life app in order to avail the port-in. In particular, a port-in request with transfer of ownership cannot be submitted upon checkout when the User purchases his/her plan. Circles.Life reserves the right to accept or reject the aforementioned documents at its discretion. Circles.Life reserves the right to correct the Donor Operator and reinitiate port-in in case the User indicated the wrong Donor Operator in the port-in request form. The Donor Operator may withhold the porting request due to outstanding balance or for reasons beyond the control of Circles.Life. Under such scenarios a port-in may not be possible and Circles.Life does not bear any responsibility fo resulting inconvenience or personal losses. Please note that any cancellation of a port-in request after submission of the aforementioned request can be permitted only at the discretion of Circles.Life. New Users can initiate a port-in request at the time of ordering a new service with Circles.Life. Existing Circles.Life users can request to port-in numbers to Circles.Life service through the Circles.Life app. Circles.Life numbers are ineligible for port-in through Circles.Life. In particular, mobile numbers part of the number ranges 8742xxxx or 8808xxxx are ineligible. If existing Circles.Life Users initiate a port-in request through Circles.Life for another number that prior to porting-in is with a Donor Operator, their current Circles.Life mobile numbers will be switched with the ported-in number. The User will then forfeit ownership of the Circles.Life number that was assigned to him/her previously. The Circles.Life number will be quarantined and will become available to be potentially sold to the general public after 90 calendar days. Any User that initiates a port-in request will be notified when the port-in is successfully processed. Circles.Life promotions applicable to the existing users and new port-in users will continue to apply after a successful port-in.

IX. Opting to 20GB Base Package


Customers having registered on or before February 14th 2019 at 12pm may still have an allocation amounting 4 to 6GB. To benefit from the 20GB Base Package allocation, customers should opt-in the new plan through the banner displayed on the Dashboard. Should customers be unable to upgrade through the banner, Circles.Life commits to upgrade them upon request to Customer Service agents. Circles.Life reserves the right to opt in user automatically, without a confirmation from the plan user.

X. Roaming and Applicable Rates


Users have the choice to select different types of roaming services or to disable it completely through Circles.Life app. Users are given three options for roaming services in Circles.Life:
    1. Roaming off;
    1. Data, voice and SMS roaming; and
  1. Voice and SMS roaming.
Users need a working internet connection (through wifi) to enable roaming services in case they had previously disabled data roaming. If users select Voice and SMS roaming, they will not have access to data roaming. Customers are advised to be careful with Call Forwarding / Call Diverting while roaming overseas. Any Call Forwarding / Call Diverting done while overseas is chargeable with prevailing local rates, you will be charged the airtime equivalent of an outgoing call. These charges are based on your Circles.Life’s plan. We provide roaming services at special rates for 34 countries, as described in the table below. These rates are charged in blocks of 10 kB of data usage. Data roaming in these 34 countries will work only with Associated Network Provider’s coverage. Users may not have any data roaming if they latch to a network operator other than the preferred operator in those countries (as listed in the table below). Roaming rates for all other countries are available at https://pages.circles.life/rates-roaming-others/.
Country Service Provider Rate (S$ per 100 MB)
Albania Vodafone Albania $3
Australia Telstra / Vodafone $3
Bangladesh Robi Axiata $3
Bangladesh Airtel $3
Cambodia Smart Axiata $3
Czech Rep. Vodafone Czech Republic $3
France Orange $20
Germany Vodafone D2 $3
Ghana Vodafone Ghana $3
Greece Vodafone Greece $3
Hong Kong SmarTone $3
Hungary Vodafone Hungary $3
India Bharti Airtel / Idea $3
Indonesia XL $3
Indonesia Indosat $3
Ireland Vodafone Ireland $3
Italy Vodafone Omnitel $3
Japan Softbank $20
Macau SmarTone Macau $3
Malaysia Celcom $3
Malta Vodafone Malta $3
Netherlands Vodafone Libertel $3
New Zealand Vodafone New Zealand $3
Philippines Globe $3
Portugal Vodafone Portugal $3
Romania Vodafone Romania $3
Saudi Arabia Mobility $3
South Africa Vodacom $3
South Korea SK Telecom $3
Spain Vodafone Spain $3
Sri Lanka Dialog Axiata $3
Taiwan ChungHwa $3
Thailand DTAC $3
Turkey Vodafone Turkey $3
UK Vodafone UK $3
USA AT&T $3
Display of roaming usage and applicable rates may not be real-time in Circles.Life app in view of the connectivity networks outside of Singapore. Some call details may not be reflected in monthly bills. They may include, but are not limited to, the following:
    • The telephone number of the calling party for incoming calls;
    • The telephone number of the party sending the Short Messaging Services (“SMS”); and/or
  • The telephone number of the SMS recipient.
When using roaming services, services consumed overseas may be subject to the local GST and/or VAT tax rates. We will clearly set out the details of the applicable taxes for services consumed overseas in monthly bills.Please note that the roaming rates may change anytime without prior notice by the Company.

XI. International Direct Dialing (IDD)


IDD rates are available at: https://pages.circles.life/rates-idd-002. Please note that the roaming rates may change anytime without prior notice by the Company. All IDD calls charges will also include as many minutes from the Customer’s voice bundle as the Customer’s IDD call lasted, on top of the aforementioned destination’s rate. If the Customer does not have any more minutes left on his voice bundle, the aforementioned IDD call rate will be increased by $0.08/minute. Please note that alternative call options such as WhizComms 1516 and SunPage 1521 are not supported by Circles.Life, and United States of America’s IDD rates will be applied if used.

XII. Fair Usage Policy


This Clause shall be referred to as the Circles.Life Fair Usage Policy. Capitalized terms used in this Circles.Life Fair Usage Policy shall have the same meaning as given to them in the Circles.Life General Terms and Conditions or any other Agreement between Liberty Wireless and you. References to you are references to you, the Customer, and references to we, us and our are references to Liberty Wireless.Your subscription to the Service constitutes your acceptance of the Fair Usage Policy as set out in this Clause. Your continued subscription to or use of the Service, whether such use is by you personally or by any person you allow or permit to use the Service (referred to as “end user”), constitutes your acceptance of any revisions or updates to this Fair Usage Policy as we may make and publish from time to time. You will be responsible for all use of the Service subscribed by you, including use by any end user, whether or not that use is with your knowledge or consent. You agree that you and each end user will use the Service in an ethical, appropriate and responsible manner. You acknowledge that other Customers have a right to expect their privacy will be respected, and that they will be able to use the Service without interference or interruption by any other Customer or end user. You agree not to, and to procure that any end user using the Service subscribed by you will not, directly or indirectly:
    • In using the Service, violate the rules, regulations and policies (including but not limited to this or any other acceptable use policy) applicable to any mobile operator, service provider, content provider, network, server, computer database, web site or newsgroup accessed by you or any end user;
    • Use the Service to: i) send, or facilitate the sending of, unsolicited material (Spam) to any person or system in a way that could be expected to adversely impact any network or facilities; ii) propagate or knowingly reply to Spam; or iii) collect responses from Spam (whether or not such Spam is sent using the Service);
    • Use the Service to post a message or multiple messages: i) to an unreasonable number of servers, or forums on a server; ii) to any server in an unreasonable number; or iii) to any server after a request to cease posting is made by any administrator or moderator or such person in charge of reviewing postings;
    • Abuse the Service, or in your use of the Service violate any other person’s rights, or interfere with another person’s use of the Service, including, without limitation, by engaging in activities that result in, encourage or facilitate the distribution of viruses, worms, time bombs, Trojan horses, cancelbots, sniffer, or other code(s) that are designed to acquire information about other users or their activities without their approval, or in your use of the Service disrupt the functionality or availability of any computer program, database, the Service supplied to any other Customer, or any Internet host, or engage in any other similar activities in relation to the Service;
    • Use the Service to infringe the privacy of another person;
    • Use the Service to publish or communicate material that is obscene, pornographic, inflammatory, harassing, threatening, tortious, abusive, harmful to minors, defamatory, libelous or otherwise objectionable or offensive;
    • Use the Service to break, or attempt to break, into any computer hardware, software, system or procedure, or to access or attempt to access any computer hardware, software, system or procedure without authorisation;
    • In using the Service, forge, remove or modify identifying network header information (spoofing), or employ any other method that may mislead any person or dishonestly disguise any user name or the source or quantity of transmissions;
    • Use the Service to use or store any bots on any servers, including but not limited to Liberty Wireless Group of Companies or M1 servers; Use the Service to relay material through any third-party systems without authorisation;
    • Use the Service to carry out any other activities which we consider to be actually or potentially injurious to our other Customers, or to the operations or reputation of any Liberty Wireless Group of Companies;
  • In your use of the Service, infringe any patent, trademark or copyright or any other intellectual property right of any third party or any Liberty Wireless Group of Companies.
To better ensure customer experience for majority of Liberty Wireless mobile subscribers through the efficient management of Network resources, if the Customer exceeds 100 GB of data usage within the calendar month, we may, without any prior notification to you, impose a speed limit on the applicable Service(s) until the end of the affected billing cycle. The use of the WhatsApp mobile application is subject to a fair usage policy. Messages are covered under the Unlimited WhatsApp Plus option. WhatsApp voice calls are also unlimited subject to a fair usage policy of 10,000 minutes. Video Calls are not covered under the Unlimited WhatsApp Plus option. Breach of WhatsApp fair usage policy may lead without prior notice to a $6 per GB charge on your WhatsApp data usage. This may depend on the unused data in your Base Plan and on your Bonus Data amount. In respect of Customers who are on unlimited data plans and have excessive data usage, we may manage data speeds if a Customer exceeds 100 GB of data usage within the calendar month. Any speed limit imposed will revert to regular speeds of up to 4G+ at 12:00:00am on the first day of the calendar month. We may impose a credit limit per Customer, depending on our assessment of the customer risk profile. In the event the Customer’s monthly usage exceeds their credit limit, we may block the use of any and all Service(s) without prior notification to the Customer until the end of the affected bill cycle. We may allow free add-on features under various Circles.Life apps. At our discretion, such free add-on features on Circles.Life apps may be subject to a maximum data usage cap from time to time.You must immediately notify us of any unauthorized use of your Service account, and/or any breach, or attempted breach, of your Service account security, as soon as this is known to or suspected by you. You shall keep strictly confidential any authorisation/access code or password issued to, or created by, you or any end-user in connection with the Service, and shall immediately inform us if you have any reason to believe any such code or password has become known to someone not authorized to use it, or if any such code or password is likely to be used in an unauthorized manner. To the extent permitted by Applicable Laws, we do not assume responsibility for any materials that you, any other Customer, or any other person, publish or post using the Service, and we disclaim all responsibility for any such content, posting or activity, whether on any Liberty Wireless Group of Companies and/or M1 servers or otherwise. We are not responsible for the content of any third party website linked to or accessed using the Service, or for the services rendered by any Customer or end user using the Service, and you agree not to hold us responsible for such content. We may, in our sole discretion, determine on a case-by-case basis what action will be taken in response to any actual, suspected or alleged violation of this Fair Usage Policy. We reserve the right to:
    • Investigate any actual, suspected or alleged violation of this Fair Usage Policy, including by gathering information from you, any end user (and you agree to procure the assistance of any such end user) and the complaining party, and to examine any material posted on or transmitted via any servers of Liberty Wireless and/or M1; or
    • With or without notice, remove or refuse to post material that we consider is or may be in violation of this Fair Usage Policy; or
  • Suspend or terminate the Service.
Nothing contained in this Fair Usage Policy shall be construed to limit our actions or remedies in any manner. We may take any and all additional actions we may deem appropriate with respect to any violation of this Fair Usage Policy, which may include (without limitation) the recovery from you for all costs and expenses incurred in identifying offenders and prohibiting them from using the Service, or levying cancellation charges on you if we terminate the Service for any actual, suspected or alleged breach of this Fair Usage Policy. We reserve at all times all rights and remedies available to us under contract, at law or in equity.You are responsible for reporting any actual or suspected violations of this Fair Usage Policy to Liberty Wireless via email at [email protected]

XIII. Support Tickets in Circles.Life


Existing Circles.Life Users (“Users”) can view existing and past support tickets in the help page of the Circles.Life mobile application (“App”). Users can view the status and title of support tickets. Users cannot create new support tickets from the App and can only view the tickets that were created by the Circles.Life Customer Service Team. Users who hold more than one Circles.Life mobile numbers registered under their name may see support tickets of all registered mobile numbers.

XIV. Bills in Circles.Life


Existing Circles.Life Users (“Users”) can access information related to their past and upcoming bills from Circles.Life mobile application (“App”). Upcoming Bill Amount “First Bill Amount” or “Upcoming Bill Amount” is an estimate of a User’s upcoming Circles.Life bill amount and is, by no means, the final amount that Users see in their bills. Plan subscription is the monthly Circles.Life base plan subscription selected by the User. Subscription fee is charged in advance for a particular Bill Cycle. In the first bill, Users will see two plan subscriptions: first, pro-rata subscription fee for the first month of service and, second, full subscription fee for the second month of service charged in advance. Plus option is a recurring add-on that Users subscribe to such as 20 GB for $20, Unlimited Incoming Calls, Unlimited Outgoing Calls, and WhatsApp Passport. Subscription fee is charged in advance for a particular Bill Cycle. Plus subscription fee is an estimate of the charges User is likely to incur in the upcoming bill. Additional usage are the local pay-as-you-go usage above the base plan or Plus subscription, roaming usage outside of Singapore, international direct dialing (“IDD”) and SMS to international numbers. Payment received are charges posted on Users’ registered debit or credit cards (“Payment Cards”) to deduct accrued bill charges when Users cross credit limits set out by Circles.Life. One-time charge are charges incurred by Users for one-time transactions. They include, without limitation, change of mobile number, SIM replacement fee, SIM registration fee, charges for rescheduling a SIM delivery, special delivery charges, and other similar fee. Adjustments are refunds and waivers done by Circles.Life and are applicable in subsequent bill(s). Upcoming Bill Amount may not be visible when the bills are being processed. There may be some other cases in which Upcoming Bill Amount is not visible. Instant Charges Instant charges are product subscriptions for which the payment is already received upfront. These include, without limitation, upfront Plus subscription fee, Boost subscription, and upfront Auto-Boost charges. Instant Charges are payments already collected and have no impact on Upcoming Bill Amount. Some Instant Charges may take some time to be reflected in the Bills page of Circles.Life. There may be some cases in which Instant Charges are not visible. Past Bills Users can access their past bills on the App, where the Users can view the bills and resend to registered email address. Some bills may require authentication for viewing. The password to view such bills is the date of birth of the User that was collected at the time of SIM order on the Circles.Life Website. Billing Profile Users can change their Payment Cards through the App but are required to verify in two ways:
  1. Enter NRIC Number or FIN Number on the file;
  2. Authenticate through fingerprints stored on Users’ device.
A transaction of $0.10 is also required to verify the new Payment Card. The transaction amount of $0.10 will be refunded. Outstanding Bill Amount Outstanding Bill Amount includes any past unpaid bills. Users can pay through the Pay Now option against each past bill.

XV. General


Liberty Wireless reserves the right to amend or vary these terms and conditions at any time. Liberty Wireless will, where it is practicable to do so, give you advance notice (which may be through written notice, email, letters, on the Liberty Wireless or Circles.Life website, bills or such other forms which Liberty Wireless deems fit) of such changes.

CIRCLES.LIFE ONLINE TRANSACTIONS TERMS & CONDITIONS

Updated: 15 June 2017

SUMMARY

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
 
  1. 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. <h3id="Limitation-of-Liability1">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.
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

CIRCLES.LIFE WEBSITE TERMS & CONDITIONS

Updated: 18 May 2017

SUMMARY

I. Definitions


In these Site Terms, the following terms and expressions shall have the following meanings:
  1. Content: Refers to any and all material available on this Site including without limitation Liberty Wireless’ logos and all other trademarks, logos, trade names and service marks, and any advertisements or promotional material, including any and all references to Circles.Life.
  2. Customer or You or Your: Means any individual who places an Order on the Circles.Life Website.
  3. Services: Refers to all services provided by the relevant Liberty Wireless entity on or via this Site.
  4. Site: Refers to this website.
  5. Site Terms: Refers to this agreement.
  6. We or Us or Our or Circles.Life or Liberty Wireless: Refer to the relevant Liberty Wireless Pte Ltd entity or affiliate that is providing the Services to you (including its successors and assigns).
The headings used in these Site Terms are for convenient reference only and do not affect interpretation. Words indicating the singular include the plural and vice versa, and words indicating a gender include every gender, unless the context otherwise requires. No adverse inference shall be drawn against the party responsible for the preparation of these Site Terms.

II. Access and use


These Site Terms governs your access and use of the Site. Unless otherwise stated, all Content and Services offered on the Site are provided within Singapore only. All Content and Services offered on or via the Site are subject to compliance with these Site Terms, Circles.Life General Terms and Conditions and applicable service specific terms and conditions and policies as stated on https://www.circles.life/static/terms/general, subscription eligibility rules and registration guidelines, and the terms of any end user contract, as may be required by Liberty Wireless. In the event of any conflict or inconsistency between any of these terms, such conflict or inconsistency shall be resolved in a manner most favorable to Liberty Wireless, as determined by Liberty Wireless at its sole and absolute discretion. Without prejudice to the generality of these Site Terms, Liberty Wireless may at its sole and absolute discretion, modify, remove, suspend or disable the Site, or discontinue, withdraw or suspend any Content and/or Services, or restrict, suspend, disable or terminate your account without notice or liability to you. For the avoidance of doubt, all pricing and availability of Content and/or Services on the Site are subject to change and Liberty Wireless does not guarantee that such information will be error-free, complete, accurate or reliable. Liberty Wireless reserves the right to reject or cancel any orders resulting from such errors or inaccuracy, without liability to you. Liberty Wireless may at its sole and absolute discretion, at any time with or without notice to you, temporarily suspend the Site for operational reasons, including without limitation repair, modification, maintenance, upgrade or improvement of the Site, without liability to you. We will determine at our sole discretion, on a case-by-case basis, the steps necessary to address any breach of these Site Terms. Such steps may include investigation of suspected or alleged breach of these Site Terms, and you agree to cooperate and provide any information that we deem necessary for investigation purposes. Nothing in these Site Terms shall be construed to limit our actions or remedies in any matter and we reserve at all times all rights and remedies available to us at law.

III. Registration and password security


In accessing and/or using the Site, you may be required to register an account. You shall provide us with accurate, complete and updated information as may be required upon registration, including but not limited to any changes in address and/or contact information. We reserve the right to refuse, change or remove login identification and password(s) that we deem inappropriate or offensive. You are responsible for the security of your account information, including without limitation your username and password in relation to the Site. You must take all appropriate measures (including but not limited to changing your password from time to time) to ensure the security and confidentiality of your username and password. In the event of any compromise in the security of your username and/or password, you must inform us immediately and change your password. At our request, you agree to make a police report and provide any other information relating to any compromise in the security of your username and/or password as we may require. Until such notification is received and confirmed by us and access is disabled at your request, you shall be responsible for all consequences arising from any unauthorized or fraudulent use of the Site.

IV. Privacy, cookies and other technologies


In accessing and/or using this Site, you may be required to provide your personal data to us. Such personal data includes, without limitation your name, mailing address, phone number, email address and any other information that may identify you. You shall provide us with accurate, complete and updated personal data as may be required. You consent to our collection, use and disclosure of such personal data for the following purposes:
  1. The provision of Services to you;
  2. Any other reasonable purpose in connection to, or ancillary to the provision of Services;
  3. and Such other purposes for which we have your consent.
Cookies are small data files that are placed on your computer by websites that you visit. We use web analytic tools such as cookies to automatically collect your personal data when you visit the Site, for example, browser type information, IP address, hyperlinks you have clicked. Your personal data is collected for the following purposes and you consent to our collection, use and disclosure of your personal data for the following purposes:
  1. To improve the Site to serve you better;
  2. For service/demographics profiling;
  3. For trend and marketing analysis; and
  4. Such other purposes for which we have your consent.
Most internet browsers are initially set up to accept cookies. You can change the settings to block cookies or to alert you when cookies are being sent to your device. If you disable the cookies your experience on the Site may be impacted. We may also use Google Analytics in order to enhance user experience of the Site. You can find out more about Google’s position on privacy with regards to the Google Analytics service at http://www.google.com/analytics/learn/privacy.html. We treat your personal data in accordance with applicable laws. You confirm that you have read and agree to the Circles.Life Data Protection Policy at https://www.circles.life/static/terms/dataprotection, which sets out further details on how we manage your privacy.

V. Hyperlinks


The Site may include hyperlinks to websites that are owned or operated by third parties. Such third party websites are not under our control. 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. Hyperlinks are provided only as a form of convenience and hyperlinks that are found on the Site shall not be construed as an endorsement or verification of such third party websites or the contents found therein by Liberty Wireless. You agree that your access to and/or use of such third party websites is at your sole risk and subject to any terms and conditions of access and/or use of such third party websites as may be applicable.

VI. Conduct and acceptable use


You shall use the Site for lawful purposes only in accordance with these Site Terms and in compliance with all applicable laws and regulations. Without prejudice to the generality of the aforesaid, you may not resell, distribute, provide, sublicense or offer in any way whatsoever, any Services to any third party whether for profit or not, without Liberty Wireless’ approval in writing. You are required to comply with all applicable laws, rules and regulations and any requirements or restrictions which we may impose on your use of the Site and Services. You must comply with all instructions, notices or directions issued by us. You are responsible for any content that you post or transmit on or via the Site. Any content disclosed in the public areas of the Site becomes public information. You should exercise caution when disclosing your personal information in this way. You agree to grant to Liberty Wireless a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including without limitation ideas contained therein for new or improved products and services) you submit to public areas of the Site by all means and in any media now known or hereafter developed. You also grant us the right at our sole discretion to use your name in connection with the submitted materials and other information as well as in in connection with all advertising, marketing and promotional materials related thereto. You agree that you shall have no recourse against Liberty Wireless for any alleged or actual infringement or misappropriation of any proprietary right in your communications to us. Except for any personal data which we have agreed to keep confidential, any feedback, data, answers, questions, comments, suggestions, plans, ideas or the like that you send to us via the Site, email or otherwise, will be treated as being non-confidential and non-proprietary. We assume no obligation to protect such information from disclosure and will be free to reproduce, use, and distribute the information to others without restriction. We will also be free to use any ideas, concepts, know-how or techniques contained in information that you send us for any purpose whatsoever including but not limited to developing, manufacturing and marketing products and services incorporating such information. You agree that caching, hyperlinking to, and framing of the Site or any Content are strictly prohibited. You shall not, in respect of your use of this Site and/or the Services, submit, upload, transmit, post, distribute, or link any material that:
  1. Is inappropriate, profane, defamatory, abusive, threatening, obscene, indecent, infringing, misleading, objectionable or unlawful in any jurisdiction. This includes sending junk, spam or bulk messages;
  2. Contains any advertising and/or promotional messages, whether directly or through a third party that advertises or directs traffics to your website or account;
  3. Contains viruses, Trojan horses, worms, time bombs, cancelbots or any other harmful, disruptive or deleterious programs; and
  4. Is protected by intellectual property rights, proprietary rights, privacy rights, publicity rights or any other applicable law unless you have received all requisite consents.
You shall not use or allow the Site or any Content and/or Services (whether wholly or in part) to be used in the following ways:
  1. To make or attempt to make any illegal or unauthorized access to any part or component to the Site or any Content and/or Services; Liberty Wireless’ network or any third party equipment, accounts, systems or networks which you may be able to access or connect to via the Site 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 or Liberty Wireless’ service providers’ servers or networks;
  2. To disrupt or undermine the security of the various networks and systems that are connected to the Site or any Content and/or Services, or violate the regulations, policies or procedures of such networks. This can include any failure to update software used on your account or website that is known to be vulnerable to malicious activity or exploitation;
  3. To engage in any activity 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 Site any Content and/or Services;
  4. To cause any disruption, interference, interruption or degradation to the Site and any Content and/or Services, or to the various networks and systems that are connected to the Site or any Content and/or Services including Liberty Wireless’ network;
  5. For any fraudulent, illegal or improper purposes or activities or to violate anyone’s rights or in any way which may affect other users’ enjoyment of or access to the Site or Services or cause annoyance, harassment, irritation, inconvenience or anxiety to anyone, including advertising, facilitating, soliciting or otherwise engaging in Ponzi schemes, pyramid schemes, denial of service attacks, pinging and mailbombing, fraudulently charging credit cards or pirating software;
  6. To collect and/or disseminate information about others or their email addresses without their consent;
  7. To engage in any activity, whether lawful or unlawful, that Liberty Wireless determines at its sole and absolute discretion, to be harmful to Liberty Wireless’ operations, reputation, goodwill, customers or customer relations.
You acknowledge and agree that Liberty Wireless has the right (but not the obligation) in its sole and absolute discretion and without any prior notice to you to monitor all transmissions and
  1. To disable any links to, or frames of any site containing inappropriate, profane, defamatory, abusive, threatening, obscene, indecent infringing or unlawful topics, names, material or information, or any material or information that violates any written law, any applicable intellectual property, proprietary, privacy or publicity rights;
  2. Deny access, remove and any all content on or via the Site that is in violation of these Site Terms or is otherwise objectionable.
 

VII. Intellectual property rights


Liberty Wireless and the names of all Liberty Wireless products and Services on the Site, including but not limited to any and all references to the Circles.Life brand, are either trademarks and/or service marks of Liberty Wireless. Other product and company names mentioned the Site may be trademarks and/or service marks of their respective owners. The copyright, trademark, patent or other intellectual property rights in the contents of the Site (including, without limitation, all designs, logos, Liberty Wireless’ names, text, sound recordings, music, images, graphics, video and links) are owned by Liberty Wireless and the respective third party entities as identified on the Site. No license or right is granted and your use of the Site and/or the Services therein shall not constitute any license or right of use. As such, you shall not reproduce, transmit, republish, upload, post, broadcast, adapt, distribute, display, license, insert a hyperlink and/or alter in whole or in part any of the foregoing in any manner without the prior written consent of Liberty Wireless. You may not, without Liberty Wireless’ prior written consent, insert a hyperlink to Liberty Wireless’ websites, including the Site or any part thereof, or any other website or “mirror” or frame any Content contained in Liberty Wireless’ websites on any other server or website, including any website under the Circles.Life brand.

VIII. Indemnity


You agree to indemnify and hold each of the relevant Liberty Wireless entity and its 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 Site and/or use of the Content and/or Services therein; and/or (b) your negligence, omission, act or breach of any of the Site Terms herein; and/ or (c) intellectual property infringement pertaining to any content which you post or transmit on or via the Site. Liberty Wireless reserves the right to assume the defense and control of any matter subject to indemnification by you, in which event you will cooperate with Liberty Wireless in asserting any available defenses.

IX. Disclaimer of warranties


The Site and all Content and Services provided on the Site are provided on an as is and as available basis and you accept that your access or use of the Site (and all Content and Services provided on the Site) are at your own risk. 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 or Service obtained or provided on the Site. Liberty Wireless does not warrant that the Site and any Service provided on the Site 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 Site and any Services provided on the Site and access to them are free of viruses, malicious destructive or corrupting code or program or other harmful components. If you encounter any difficulties in accessing the Site, Liberty Wireless may, at its sole and absolute discretion, extend help and assistance to you 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.

X. Limitation of liability


Without prejudice to the foregoing, and to the fullest extent allowed by the law, in no event shall Liberty Wireless or its affiliates, service providers, employees, officers, contractors or agents be liable for any direct, indirect, incidental, special, punitive or consequential damages, losses, costs or expenses including without limitation loss of revenue or profit, loss of data, costs or expenses (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 Site and Services provided on the Site. Without prejudice to the foregoing, Liberty Wireless and its affiliates, service providers, employees, officers, contractors or agents shall not be liable for any Losses suffered by you or any third party resulting in whole or in part from the exercise of our rights under these Site Terms. By accessing the Site and using the Services, you agree to waive and hold Liberty Wireless and its affiliates, service providers, employees, officers, contractors or agents harmless from any claims relating to any action taken by us or our affiliates, service providers, employees, officers, contractors or agents, including the conduct of an investigation, issuance of a warning, refusal, removal, modification or denial of access to content, products or services, suspending or terminating the Site or Services, or other appropriate action in relation to any suspected or alleged breach of these Site Terms. Notwithstanding the above, if for any reason Liberty Wireless cannot rely on the limitations of liability set out hereinabove and Liberty Wireless is deemed liable to you, Liberty Wireless’ maximum liability in contract, tort (including negligence or breach of statutory duty) or otherwise to you and anyone who uses our Services (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.

XI. General terms


No delay or failure by Liberty Wireless to take any action or to enforce or exercise any of its rights in these Site Terms 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 these Site Terms. These Site Terms and any rights, obligations and licenses granted herein may not be assigned or transferred by you, but may be assigned or transferred by Liberty Wireless without restriction. These Site Terms constitutes the entire agreement between you and Liberty Wireless and supersedes all prior agreements, understandings, writings, proposals, representations and communications, oral or written, whether by you or Liberty Wireless, with respect to the subject matter of these Site Terms and the transactions contemplated by it. If any of these Site Terms is held to be unenforceable, invalid or illegal for any reason, that provision shall to the extent permissible be severed from these Site Terms, save and except that the remaining provisions shall remain in full force and effect to the extent applicable. These Site Terms are for the benefit of Liberty Wireless and its directors, officers, employees, suppliers, vendors, licensors, agents and any third party content providers to the Site. Each of these entities shall have the right to assert and enforce any of these provisions against you. Save as aforesaid, a person (including any user) who is not a party to these Site Terms has no right to enforce any of these Site Terms under the Contracts (Rights of Third Parties) Act (Cap 53B). Your access and/or use of this Site is subject to compliance with these Site Terms and shall be governed by and construed in accordance with the laws of Singapore and you agree to submit to the exclusive jurisdiction of the courts of Singapore. END

CIRCLES.LIFE DATA PROTECTION POLICY

Updated: 18 May 2017

SUMMARY

 

I. Respecting Your Privacy


We at Liberty Wireless together with our subsidiaries (the “Group”) take our responsibilities under Singapore’s Personal Data Protection Act 2012 (the “PDPA”) seriously. We also recognise the importance of the personal data you have entrusted to us and believe that it is our responsibility to properly manage, protect and process your personal data. This Circles.Life Data Protection Policy is designed to assist you in understanding how we collect, use, disclose and/or process the personal data you have provided to us, as well as to assist you in making an informed decision before providing us with any of your personal data. This Policy applies to all individuals who hold accounts or receive Services from entities within our Group and any other individual who visit, access or use features on our website. This Policy applies to entities within the Group that is: i) offering Services, and ii) collecting, using and/or disclosing personal data. As such, obligations set out in this Policy will extend to the relevant entity within the Group that is providing the Services to you or is in control and possession of your personal data. This Policy does not supersede or replace any earlier consent(s) you may have provided to the Group, and supplements all such pre-existing consents concerning the collection, disclosure and/or use of your personal data. If you, at any time, have any queries on this policy or any other queries in relation to how we may manage, protect and/or process your personal data, please do not hesitate to contact our Data Protection Officer (the “DPO”) at:

Data Protection Officer Liberty Wireless Private Limited 221 Henderson Building Singapore 159557 Email: [email protected]

II. Collection of Personal Data


“Personal data” is defined under the PDPA to mean data, whether true or not, about an individual who can be identified from that data, or from that data and other information to which an organisation has or is likely to have access. Common examples of personal data could include names, identification numbers, contact information, medical records, photographs and video images. Specifically, we may collect the following types of information (which may include personal data):
  1. Contact information, including name, address, telephone number and e-mail address;
  2. Billing information, including payment details, credit history, credit card number, bank account, NRIC, passport or other equivalent identification number; and
  3. Equipment information and other technical information about a person’s use of our network, products, services or websites, including service and usage history.
  4. We may collect personal data from you in the following ways:
  5. When completing a service application form, when making a purchase or subscribing or applying for our Services, when making an enquiry about our Services, or other information voluntarily provided to us in any way;
  6. When visiting our website or other websites owned or managed by us, using technologies such as cookies;
  7. During recordings of calls when telephone contact is made between you and Liberty Wireless (for example, via our Customer Service hotlines) which may be recorded for training, quality control, business and/or other lawful purposes;
  8. During CCTV recordings when a Person visits our Outlets and our Premises;
  9. From our mobile base stations and other equipment that may collect usage information, including location-based information;
  10. From other entities within the Group; From other sources, such as employers, credit agencies, law enforcement agencies and/or other Public Agency;
  11. From other telecommunications licensees for the purposes of facilitating interconnection and inter-operability between telecommunications licensees for the provision of Services; or
  12. From other service providers for the purposes of providing billing services on behalf of these service providers; and/or we collect it by other lawful means.
We will collect your personal data in accordance with the PDPA. We will notify you of the purposes for which your personal data may be collected, used, disclosed and/or processed, as well as obtain your consent for the collection, use, disclosure and/or processing of your personal data for the intended purposes, unless an exception under the law permits us to collect and process your personal data without your consent. By providing personal data of any other individual to us, you hereby warrant and represent that you are authorized to disclose the other individual’s personal data to us in accordance with this Circles.Life Data Protection Policy. When providing personal data, you warrant and represent to the Group that personal data disclosed by you, whether about yourself or another individual, is accurate and complete.

III. Purposes for Collection, Use and Disclosure of Personal Data


The personal data that we collect from you may be collected, used, disclosed and/or processed for various purposes, depending on the circumstances for which we may need to process your personal data, including: Mobile services (postpaid only) include local and overseas voice calls (including international roaming and IDD services), local and international messaging, broadband services (including data roaming services) and a range of complementary and value-added services. Depending on the Services which you subscribe to, your personal data may be collected, used and/or disclosed for the following purposes (Collectively “Purposes”):
  1. To verify your identity, and to process orders and applications for Services;
  2. To provide the Services and to facilitate interconnection and inter-operability between service providers including telecommunications licensees in providing the Services;
  3. To respond and deal with enquiries or complaints and for other customer-care activities;
  4. To generate bills, facilitate the payment of bills, manage accounts and for debt-recovery functions;
  5. To carry out credit checks and for the evaluation of creditworthiness;
  6. To manage, develop and improve our business and operations to serve you better;
  7. To provide delivery and directory assistance services;
  8. To provide complementary or value added services;
  9. To administer customer loyalty benefits, reward benefits, contests and lucky draws;
  10. To provide self-service channels for customer-care and account management activities;
  11. To carry out market research and customer surveys;
  12. To conduct investigations or take action in relation to bad debts, crime and fraud prevention, detection or prosecution, risk management, or to prevent you or the Group from harm, illegal or unlawful activities;
  13. To conduct investigations or take action in relation to any violation of any of our terms and conditions for Services, including our General Terms and Conditions, or our Acceptable Use Policies;
  14. To third parties who perform Services on our behalf, but only to the extent necessary for the Services to be performed;
  15. To protect and maintain the personal data, and to have access to it including for making corrections to the personal data;
  16. To comply with legal and regulatory requirements imposed by any Public Agency, and otherwise with applicable laws and regulations;
  17. To any other purpose necessary, ancillary or consequential to the above-specified purposes.
As the purposes for which we may collect, use, disclose or process your personal data depend on the circumstances at hand, such purpose may not appear above. However, we will notify you of such other purpose at the time of obtaining your consent, unless processing of your personal data without your consent is permitted by the PDPA or by law. In order to conduct our business operations more smoothly, we may also be disclosing the personal data you have provided to us to our third party service providers, agents and/or our affiliates or related corporations, and/or other third parties whether sited in Singapore or outside of Singapore, for one or more of the above-stated Purposes. Such third party service providers, agents and/or affiliates or related corporations and/or other third parties would be processing your personal data either on our behalf or otherwise, for one or more of the above-stated Purposes.
You are deemed to have given your consent for the collection, use and disclosure of personal data in the following circumstances:
  1. When you voluntarily provides your personal data to us;
  2. When you are aware of the purposes for which you are providing your personal data to us;
  3. It is reasonable for you to have provided the Personal Data to us in the circumstances;
  4. In any other circumstances where consent is deemed under the PDPA.
 

V. Limiting Collection, Use and Disclosure of Personal Data


The Group collects personal data primarily from our customers (including prospective customers). The collection of personal data is limited to that which is necessary for the identified Purposes. Unless permitted under law, the Group will not disclose Personal Data to other persons or entities for the advertising, promotion or marketing of such other party’s products and services, and the Group will not sell for payment the personal data to anyone for any marketing purposes without your consent.

VI. Third Party Products and Services


This Policy does not apply to products and services offered by a third party. Our products and Services may include third parties’ products, services and links to third parties’ websites. When you use such products or services, they may collect your information too. For this reason, we strongly suggest that you read the third party’s privacy policy as you have taken time to read ours. We are not responsible for and cannot control how third parties use personal information that they collect from you. This Policy does not apply to other sites linked from our Services.

VII. Specific Issues for Disclosure of Personal Data to Third Parties


We respect the confidentiality of the personal data you have provided to us. In that regard, we will not disclose your personal data to third parties without first obtaining your consent permitting us to do so. However, please note that we may disclose your personal data to third parties without first obtaining your consent in certain situations, including, without limitation, the following:
  1. Cases in which the disclosure is required or authorized based on the applicable laws and/or regulations;
  2. Cases in which the purpose of such disclosure is clearly in your interests, and if consent cannot be obtained in a timely way;
  3. Cases in which the disclosure is necessary to respond to an emergency that threatens the life, health or safety of yourself or another individual;
  4. Cases in which the disclosure is necessary for any investigation or proceedings;
  5. Cases in which the personal data is disclosed to any officer of a prescribed law enforcement agency, upon production of written authorisation signed by the head or director of that law enforcement agency or a person of a similar rank, certifying that the personal data is necessary for the purposes of the functions or duties of the officer;
  6. Cases in which the disclosure is to a public agency and such disclosure is necessary in the public interest; and/or
  7. Where such disclosure without your consent is permitted by the PDPA or by law.
Please note that in the event your Circles.Life number is terminated, we will update the terminated status of the Circles.Life number to the Do-Not-Call Registry such that their database is up to date. You acknowledge that in addition to the exceptions under the PDPA, the Group may collect, use and disclose your personal data without your consent in accordance with the Telecommunications Code of Practice in the following situations:
  1. Collection or use of personal data for planning requirements in relation to network operations or network maintenance for any telecommunication service provided by the Group;
  2. Collection, use or disclosure of personal data for facilitating interconnection and inter-operability between telecommunication licensees for the provision of telecommunication services; and
  3. Collection, use or disclosure of personal data for the provision of mobile roaming-related information to in-bound mobile roaming customers in Singapore.
The instances listed in the paragraph above are not intended to be exhaustive. For more information on the exceptions, you are encouraged to peruse the Second, Third and Fourth Schedules of the PDPA that is publicly available at http://statutes.agc.gov.sg. Where we disclose your personal data to third parties with your consent, we will employ our best efforts to require such third parties to protect your personal data.

VIII. Request to Withdraw Consent


You may withdraw your consent for the collection, use and/or disclosure of your personal data in our possession or under our control by submitting your request to the Data Protection Officer. We will process your request within a reasonable time from such a request for withdrawal of consent being made, and will thereafter not collect, use and/or disclose your personal data in the manner stated in your request. However, our withdrawal of consent could result in certain legal consequences arising from such withdrawal. In this regard, depending on the extent of your withdrawal of consent for us to process your personal data, it may mean that we may not be able to provide you with the Services, or a part thereof. Notwithstanding any withdrawal of consent, (a) unless otherwise agreed by the Group, you will still be bound by your agreements for Services with the relevant entity in the Group, and should you choose to terminate the relevant contract(s), early termination charges and other charges, penalties or contractual consequences may apply in accordance with the contract(s) or under applicable laws and the Group reserves its rights thereof, and (b) the Group has the right to terminate the contracts in its discretion, without liability to you. If you have indicated their consent to receiving marketing communications from the Group, you may separately withdraw such consent via the unsubscribe options as stated on the SMS or email marketing message, via Manage My Account (MMA) on our website or by calling our Customer Service Hotline at 1627.

IX. Request for Access and/or Correction of Personal Data


You may request to access and/or correct the personal data currently in our possession or control by submitting a written request to us. We will need enough information from you in order to ascertain your identity as well as the nature of your request, so as to be able to deal with your request. Hence, please submit your written request to our Data Protection Officer. For a request to access personal data, once we have sufficient information from you to deal with the request, we will seek to provide you with the relevant personal data within 30 days. Where we are unable to respond to you within the said 30 days, we will notify you of the soonest possible time within which we can provide you with the information requested. Note that the PDPA exempts certain types of personal data from being subject to your access request. For example, the Group may not provide access to personal data if such provision could reveal personal data about another person, if such information is subject to legal privilege or if such provision will be contrary to national interest. If access to personal data cannot be provided, the reasons for denying access will be provided upon request, to the extent permitted under applicable law. For a request to correct personal data, once we have sufficient information from you to deal with the request, we will:
  1. Correct your personal data within 30 days. Where we are unable to do so within the said 30 days, we will notify you of the soonest practicable time within which we can make the correction. Note that the PDPA exempts certain types of personal data from being subject to your correction request as well as provides for situation(s) when correction need not be made by us despite your request; and
  2. Subject to the paragraph below, we will send the corrected personal data to every other organisation to which the personal data was disclosed by the Group within a year before the date the correction was made, unless that other organisation does not need the corrected personal data for any legal or business purpose.
Notwithstanding the paragraph above, we may, if you so consent, send the corrected personal data only to specific organisations to which the personal data was disclosed by us within a year before the date the correction was made. We will also be charging you a reasonable fee for the handling and processing of your requests to access your personal data. We will provide you with a written estimate of the fee we will be charging. Please note that we are not required to respond to or deal with your access request unless you have agreed to pay the fee.

X. Administration and Management of Personal Data


We will take reasonable efforts to ensure that your personal data is accurate and complete, if your personal data is likely to be used by the Group to make a decision that affects you, or disclosed to another organisation. However, this means that you must also update us of any changes in your personal data that you had initially provided us with. We will not be responsible for relying on inaccurate or incomplete personal data arising from your not updating us of any changes in your personal data that you had initially provided us with. We will also put in place reasonable security arrangements to ensure that your personal data is adequately protected and secured. Appropriate security arrangements will be taken to prevent any unauthorized access, collection, use, disclosure, copying, modification, leakage, loss, damage and/or alteration of your personal data. However, we cannot assume responsibility for any unauthorized use of your personal data by third parties that are wholly attributable to factors beyond our control. We will also put in place measures such that your personal data in our possession or under our control is destroyed and/or anonymized as soon as it is reasonable to assume that (a) the purpose for which that personal data was collected is no longer being served by the retention of such personal data; and (b) retention is no longer necessary for any other legal or business purposes. Where your personal data is to be transferred out of Singapore, we will comply with the PDPA in doing so. In this regard, this includes us obtaining your consent unless an exception under the PDPA or law applies, and taking appropriate steps to ascertain that the foreign recipient organisation of the personal data is bound by legally enforceable obligations to provide to the transferred personal data a standard of protection that is at least comparable to the protection under the Act. This may include us entering into an appropriate contract with the foreign recipient organisation dealing with the personal data transfer or permitting the personal data transfer without such a contract if the PDPA or law permits us to.

XI. Complaints Process


If you have any complaint or grievance regarding about how we are handling your personal data or about how we are complying with the PDPA, we welcome you to contact us with your complaint or grievance. Please contact our Data Protection Officer with your complaint or grievance. Where it is an email or a letter through which you are submitting a complaint, your indication at the subject header that it is a PDPA complaint would assist us in attending to your complaint speedily by passing it on to the relevant staff in our organisation to handle. For example, you could insert the subject header as “PDPA Complaint”. We will certainly strive to deal with any complaint or grievance that you may have speedily and fairly.

XII. Updates on Data Protection Policy


As part of our efforts to ensure that we properly manage, protect and process your personal data, we will be reviewing our policies, procedures and processes from time to time. We reserve the right to amend the terms of this Circles.Life Data Protection Policy at our absolute discretion. You are encouraged to visit the above website from time to time to ensure that you are well informed of our latest policies in relation to personal data protection. To the fullest extent permitted under applicable laws and regulations,< the Group cannot be responsible for a third party’s acts, omissions, data policies or their use of cookies, nor the content or security of any third party websites, even if linked to the Group’s website, and any such liability is expressly disclaimed and excluded.

XIII. Governing Law

 
This Policy is governed under the laws of Singapore. <h3id="Definitions3">XIV. Definitions
For the purposes of this Policy, the following capitalized terms, unless elsewhere defined in this Policy, shall have the following meanings:
  1. Outlet: means our retail outlets, road shows and other distribution channels.
  2. Policy: Means this Circles.Life Data Protection Policy, as may be amended or supplemented by Liberty Wireless in its discretion from time to time.
  3. Premises: Means the Group’s offices and data center.
  4. Public Agency: means any Government body, including any ministry, department, agency (including law enforcement agencies), or organ of State, any judicial or quasi-judicial body or disciplinary, arbitral or mediatory body appointed under any written law in Singapore or any statutory body established under a public Act for a public function that is so appointed by the Minister by notification in the Gazette for the purposes of the PDPA.
  5. Services: Means the info-communications and telecommunications services and any other services as may be offered by the Group to individuals including any updates, upgrades, re-contracting and/or renewals thereto and the sale or supply of goods or products, from time to time; including maintenance, deactivation or de-installation of the same.
  6. Telecommunications Code of Practice: Means the Code of Practice for Competition in the Provision of Telecommunication Services 2012, as amended or supplemented from time to time.
Thank you for taking the time to understand our Data Protection Policy! END

CIRCLESCARE TERMS OF USE

Updated: 25 May 2016

SUMMARY

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.
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. END