1.1 In this Section, the Services refer to any of the following mobile data services provided by AJP Business Pte Ltd (Reg. No. 200917967G) in addition to our Mobile Services :
1.1.1 Short Messaging Services (“SMS”) or SMS-related Services;
1.1.2 MSM Messaging Services;
1.1.3 Any form of voice or data calls (GPRS/3G/3.5G/4G/5G);
1.1.4 any other mobile data and value-added Service provided by AJP Business Pte Ltd.
2. Minimum Period of Service
2.1 The Minimum Period of Service is 12 months unless otherwise stated at the time of application of the Services.
2.2 Upon expiry of the Minimum Period, the Services will renew automatically for successive periods of 12 months each unless otherwise terminated in accordance with our General Terms & Conditions.
3. Additional Charges
3.1 Unless otherwise expressly waived by AJP Business Pte Ltd, you will be charged for the following:
3.1.1 a registration fee for each new value-added Service; and
3.1.2 any other additional charges listed in our prevailing tariffs for the Services(including monthly value-added service charges and any monthly content subscription charges you agree to pay to access certain Content or service provided via any of the Services). These additional charges do not include such charges that are not billed by AJP Business Pte Ltd on behalf of third parties.
3.1.3 Information on GPRS/3G/3.5G/4G/5G traffic generated by your use of any of the Services will not be included in any itemised billing details that may be requested by you.
4. Telephone Numbers
4.1 When we allocate any numbers to you for the Services, you will not have any rights to these numbers except for the sole purpose of using the Services in accordance with this Agreement. You cannot sell or agree to transfer these numbers to anyone else. You must not apply or try to apply for registration of these numbers as trademarks, whether on their own or together with any word or mark.
4.2 We may, for commercial, operational or technical reasons or compliance with any requirement of the relevant Regulatory Authority or other authority, withdraw or change any number allocated to you. However, we will endeavour to give you reasonable notice in this event.
5. Data Usage (Local and Roaming)
5.1 Data roaming service for mobile devices outside Singapore is available in countries prior to service activation of Data roaming service. A deposit may be required for roaming services to certain countries.
5.2 When you use our data roaming service (roaming or otherwise), we do not guarantee that all data roaming usage details will be reflected in your bill or made available to you. You agree that certain data roaming usage details will not be reflected in your bill or made available to you, including but not limited to:
5.2.1 the type of data content accessed.
5.3 We do not warrant or give any guarantee on data transfer speed or any other aspect of the service. We hereby exclude all warranties, whether express or implied by law, regarding the use of the service (including without limitation the accessibility, reliability or accuracy of the service) and the performance and/or condition of the network.
6. Handsets or Devices
6.1 You must have a handset or device that is approved by us as suitable and compatible to access and use the Services.
6.2 We do not warrant the performance or suitability of your handset or device on any network other than our Network.
6.3 The Minimum Device Period shall be a period of twenty-four (24) months for any device issued by AJP Business Ptd Ltd.
7. Your Responsibilities
7.1 You are responsible for the use of the Services under your account(s) and for any Content disseminated through your account(s).
7.2 You must not use or allow any part of the Services to be used:
7.2.1 to transmit or post any Content which may be defamatory, offensive, indecent, objectionable or illegal, or which may cause annoyance,harassment, irritation, inconvenience or anxiety to anyone. This includes transmitting or posting “junk mail”, “spam”, “chain letters”,”solicitations” (commercial or non-commercial) or distributing mail to any party who has not given permission to be included in the distribution;
7.2.2 to transmit or post any Content which may give rise to civil liability or otherwise violate any applicable laws, rules or regulations;
7.2.3 to transmit any Content that contains viruses, worms, trojan horses, time bombs, cancelbots or any other harmful, damaging or destructive programs;
7.2.4 to make or attempt any unauthorised access to any part or component ofthe Services, the Network or any third party systems or networks to which you can connect through the Services directly or otherwise;
7.2.5 to disrupt the various networks that are connected to the Services orviolate the regulations, policies or procedures of such networks;
7.2.6 to collect and/or disseminate information about others or their email addresses without their consent;
7.2.7 for any fraudulent, illegal or improper purposes or to violate anybody’s rights or in any way which may affect other users’ enjoymentof or access to any Service or cause annoyance, harassment, irritation, inconvenience or anxiety to anyone;
7.2.8 in any manner or for any purpose which may constitute a violation or infringement of the rights of any party including but not limited to their intellectual property or confidentiality rights;
7.2.9 to be resold or otherwise provided to third parties without our prior written consent, whether for profit or not; and
7.2.10 for any form of advertising, marketing or promotional purposes unless otherwise permitted by us.
8. Content, Products and Services
8.1 You agree that:
8.1.1 all Content transmitted or made available via the Services, are the sole responsibility of the person from which such Content originated;
8.1.2 we will not be liable in any way for any third party Content, products or services which you may access, use or acquire via the Services;
8.1.3 you are solely responsible for all Content that you transmit or make available via the Services or on any website;
8.1.4 we do not control any third party Content, products or services which you may access, use or acquire through the Services and we do not endorse or guarantee the accuracy, reliability, integrity, legality or quality of such Content, products or services;
8.1.5 by using the Services, you may be exposed to third party Content that may be defamatory, offensive, indecent, objectionable or illegal;
8.1.6 we may, at our discretion, remove or modify any Content (which you transmit or make available via the Services or on any website) that maybe defamatory, offensive, indecent, objectionable or illegal or may have infringed any party’s intellectual property rights, without notice to you;
8.1.7 we may, at our discretion, deny access to or remove any third party Content, products or services that may be defamatory, offensive, indecent, objectionable or illegal or may infringe/have infringed any party’s intellectual property rights, without notice to you; and
8.1.8 without prejudice to paragraph 8.1.7 above, we may, at our discretion, remove, modify, suspend or terminate any third party Content, products or services which you may access, use or acquire via the Services, without notice to you, and we will not be liable to you or any third party under any of paragraphs 8.1.1 to 8.1.8 above.
8.1.9 Without prejudice to paragraph (9) above, we will not be liable in anyway if you encounter any problems with the goods and services that you obtain from the advertisers or any third parties on our website or through the Services. We assume no liability or responsibility for the acts or defaults of such advertisers or third parties or for any non-delivery, non-performance or defects in any such goods and services.
9. Things we may have to do
9.1 We may occasionally inform you of offers from our advertisers. You are deemed to have given your consent to receive from us any such information and they are accordingly not considered unsolicited mail.
9.2 We retain all access to any Service(s) or location attached to the Internet as we deem appropriate.
9.3 Should relevant legal authorities require with proper authorization or warrant, your details will be provided.
10.1 The Services are provided on an “as is” and “as available” basis. You agree and accept that you use the Services, or rely on any Content obtained or transmitted through the Services, at your own discretion and risk. We expressly disclaim 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. No advice or information whether oral or written, obtained by you from us or through the Services will create any warranty not expressly made in these terms and conditions.
10.2 We are not responsible for any loss or accuracy of Content or any other damages or liabilities, which you may suffer through the use of the Services.
10.3 Under no circumstances will we be liable for any special, incidental, indirect, consequential or punitive damages, losses, costs or expenses, even if such damages, losses, costs or expenses were caused wilfully, recklessly or negligently.
10.4 Under no circumstances will we be liable for any lost profits, revenue, data, business or anticipated savings, even if such damages, losses, costs or expenses were caused wilfully, recklessly or negligently.
10.5 If you are dissatisfied with the Services or with the Content, products or services available on or through the Services or with any of these Terms & Conditions, your sole and exclusive remedy is to discontinue accessing and using the Services or de-register the Services.
11. Proprietary Rights
11.1 All Content contained in sponsor advertisements or presented to you through the Services by us, our advertisers, content/applications providers or third parties, are protected by copyrights, trademarks, service marks, patents or other intellectual property or proprietary rights and laws. You agree that you are only permitted to use such Content as expressly authorised by us, the advertiser, the provider or third party in question.
11.2 You are not permitted to copy, reproduce, distribute or create derivative works from such Content without written authorisation from us, the advertiser, the provider or third party in question.
12. Ending the Services and this Agreement
12.1 Unless the specific terms for the Services you are using are different, this Agreement or the Services may be terminated by the customer giving 30 days’ notice to AJP without assigning any reason or if clauses under 12.3 comes into effect.
12.2 If you give us the notice that ends before the applicable Minimum Period of Service or if we terminate the Services or this Agreement pursuant to paragraph below:
12.2.1 there will be an early termination Charge and, where applicable, prorated Charges for the Services, Equipment and/or ancillary items and costs for the rest of the Minimum Period of Service; and12.2.2 you will compensate us for any damages or losses we may suffer because of the early termination. In computing whether or not you have complied with the Minimum Period of Service for a particular Service, we will not take into account any period for which that Service is suspended for any reason whatsoever.
12.3 In the event of any of the following:
12.3.1 you breach any of the terms and conditions of this Agreement or any other agreement you have with us;
12.3.2 you become or threaten to become bankrupt or insolvent;
12.3.3 you make any arrangement or composition with or assignment for the benefit of your creditors or go into either voluntary or compulsory liquidation or a receiver, trustee, judicial manager or administrator is appointed over any of your assets;
12.3.4 the equivalent of any of the events referred to in paragraphs 12.3.2 and 12.3.3 under the laws of any relevant jurisdiction occurs to you;
12.3.5 you provide incorrect, false or incomplete information to us;
12.3.6 the requirements of the relevant Regulatory Authority or any other authority result in us having to stop providing any of the Services or to provide any of the Services in a manner which is unacceptable to us; or
12.3.7 if you are likely to create imminent harm (such as interruption, disruption, congestion or any Unauthorised Act) to the Network or any third party’s networks or systems or our provision of the Services, or defraud us, or are likely to create imminent harm or harass or are abusive to our personnel,
12.3.8 we may suspend or terminate all or any part of the Services or terminate this Agreement with 3 working day’s notice (for paragraphs 12.3.1 and 12.3.5 above) or with immediate effect (for paragraphs 12.3.2, 12.3.3, 12.3.4 12.3.6 and 12.3.7 above) without compensation and without prejudice to our rights to damages for any breach by you of this Agreement. You may immediately contact our customer service, either by calling our customer service line or visiting any of our customer service centres to tell us why such suspension or termination should not occur. We will consider each case and where we deem appropriate, will not proceed with the suspension or termination of such account or take any other appropriate action where necessary.
12.3.9 If we suspect that you are using or allowing any of the Services to be used for fraud, misconduct or any other illegal or improper purpose, we will refer this to the relevant authorities and comply with directions or guidelines issued by them, without notice to you.
12.3.10 If and when you make good any breach or default, we may restore any suspended or terminated Services after you have paid for any restoration or re- connection Charges and reimbursed us for our reasonable costs in suspending/terminating the Services.
12.4 If any of the Services is terminated:
12.4.1 all sums due, accruing due or payable to us in respect of that Service up to the date that Service is terminated will upon the termination of that Service become immediately due and payable to us;
12.4.2 you must immediately return to us all Equipment which we have leased or rented to you in respect of that Service in good condition. We will be entitled to charge you all costs incurred in repossessing or acquiring replacement for any such Equipment which you have failed to return to us or acquiring a replacement for any Equipment which is returned to us in a damaged or defective condition;
12.4.3 we have the right to retain any of your Equipment which is used in respect of that Service and which are on our premises until receipt of all sums due or accruing due or payable to us in respect of that Service; and12.4.4 subject to paragraph 12.3.3 above, you must immediately remove all your Equipment which is used in respect of that Service and which is on our premises. If you fail to remove such Equipment, we will be entitled to remove it at your own risk and charge you all costs incurred in doing so.
12.4.5 The termination of this Agreement will not affect any accrued rights or remedies of either party against the other party.
13.1 For promotional offers of any of the Services, special Terms & Conditions may apply.
Revision Dec 2018.