1. Acceptance of Terms
1.1. The Music Store is provided and operated by Singtel Mobile Singapore Pte. Ltd. ("Singtel").
1.2 Before you can access or use the Music Store, you must agree to be bound by the following terms and conditions of use (the "Terms"). The Terms constitute a legal agreement between yourself and Singtel. You shall be deemed to have agreed to these Terms if you commence access to or use of the Music Store. If you do not or cannot agree to these Terms, you are not permitted to and shall not access or use the Music Store and you must immediately cease any access to or use of the Music Store.
1.3 If you allow any other person to access or use the Music Store, you agree to be responsible for (a) ensuring that such person complies with the Terms, and (b) the actions, omissions and defaults of such person in relation to the Music Store.
1.4 Singtel may modify these Terms at any time at its sole discretion, and such modifications shall become part of the Terms and be effective immediately upon posting of the modified terms to the Music Store. You agree to review the Terms periodically to be aware of such modifications and your continued access to or use of the Music Store after such modifications shall be deemed to be your conclusive acceptance of such modified terms.
1.5 Singtel may make modifications and additions to the Music Store or any part(s) thereof, including incorporating new products, features and functionality, at any time at its sole discretion without liability to you or any third party. Your continued access to or use of the Music Store after such modifications and/or additions have been made shall be deemed to be your conclusive acceptance of such modifications and/or additions
1.6 The Music Store is not provided to you as part of any other product, service or offering (whether provided by Singtel or any Singtel Affiliate). No purchase or provision of any other product, service or offering shall be construed to represent or guarantee you access to or the use of the Music Store and the provision of any other product, service or offering by any Singtel Affiliate does not amount to a provision of the Music Store by such Singtel Affiliate.
1.7 The listing of any prohibited activities in these Terms is not exhaustive. Singtel reserves the right to determine that any conduct that is or could be harmful to the Music Store, our servers, or use of the Music Store by any user, is in violation of these Terms and to exercise any or all of the remedies contained in these Terms.
1.8 Your access to or use of the Music Store shall be subject to all other guidelines, procedures, policies and regulations which may from time to time be prescribed, introduced, varied and/or amended by Singtel, including:
1.8.1 any terms and conditions posted within the Music Store;
1.8.2 Singtel's Data Protection Policy (available at http://info.Singtel.com/personal/dataprotection); and
1.8.3 Singtel's General Terms and Conditions of Service (available at http://info.Singtel.com use of the Music Store shall be subject to all other guidelines, procedures, policies and regulations which may from time to time be prescribed, introduced, varied and/or amended by Singtel, including:/terms-general) and for the avoidance of doubt, all references to "Service Provider" within the same shall be deemed to be references to Singtel, as modified from time to time, each of which shall be deemed incorporated into these Terms by reference. In the event of any conflict or inconsistency between these Terms, any terms and conditions posted on the Music Store, Singtel's Data Protection Policy and/or Singtel's General Terms and Conditions of Service, such conflict or inconsistency shall be resolved in accordance with the provisions of Singtel's General Terms and Conditions of Service.
2. Requirements for access to the Music Store
2.1. You acknowledge and agree that:
2.1.1. your access to and use of the Music Store is subject to your compliance with such requirements, including as to equipment and software, as specified within the Music Store or as Singtel may otherwise specify from time to time;
2.1.2. compliance with such requirements may require you to obtain equipment, software and services which may be available only from third parties and which may be subject to other terms and/or the payment of fees;
2.1.3. you shall use and maintain all such equipment and software in such manner as the relevant manufacturer may instruct, including installing such updates as may be required; and
2.1.4. your ability to access and use the Music Store, and the quality of your experience with the Music Store, are dependent on the performance of equipment, software and Music Stores provided by third parties which is outside the control of Singtel and in respect of which Singtel makes no representation or warranty and shall have no obligation in respect thereof.
3. Installation of and registration for the Service
3.1 Without prejudice to the generality of Clause 2.1.2, you shall be liable for engaging or procuring at your own cost any equipment, software or services (including any mobile telecommunications service, broadband, fibre service or any other Internet connection provided by any Internet service provider, including Singtel), any third party installation or other professional services which may be necessary for the proper installation and use of the Service.
3.2 You shall be responsible for ensuring that all equipment and systems related to the use of the Service meet the minimum requirements as may be stipulated by Singtel from time to time for the Service to function effectively and that they are compatible and can properly function and inter-operate with the Service. Singtel is not liable or responsible for any failure in the Service or damage to equipment due to your use of equipment that fails to meet such minimum requirements.
3.3 You shall be liable for all damages in relation to the performance of Singtel's network (including those arising out of the failure or degradation of any equipment) as may howsoever result from your non-compliance with the above obligation in Clause 3.2. Singtel makes no warranty whatsoever regarding the ability or continued ability of the Service to function and/or inter-operate with your equipment or system which does not meet the minimum requirements stipulated by Singtel and specifically disclaims any and all warranties or representations relating thereto whether express or implied.
3.4 For the avoidance of doubt, the following services do not form part of the Service and Singtel is under no obligation to provide any of the same:
3.4.1 procurement and installation of any hardware equipment, software or service (including any mobile telecommunications service, broadband, fibre service or any other Internet connection provided by any Internet service provider, including Singtel) that may be necessary to receive or use the Service; and
3.4.2 any service not available on the Service that is not otherwise expressly provided herein as being part of the Service.
3.5 Your access to the Service or to certain features of the Service may require you to register for an Account and login information. You do not have the right to share your Account with any third party. You are solely responsible for maintaining the confidentiality of your Account and password, and you agree to accept responsibility for all activity on your Account, including unauthorised use of the Service by any third party that accesses the App through your Account, and for the security of your Account. You also agree to the following:
3.5.1 if so requested, you will provide accurate and up-to-date email address, contact and billing information to Singtel;
3.5.2 you shall notify Singtel of any unauthorised use of your Account, including by third parties that have accessed the Service through your Account; and
3.5.3 you shall not transfer or share your Account or login information with any other party.
3.6 You shall immediately notify Singtel in the event of any unauthorised disclosure or use of your Account or login information. Until Singtel is notified and for 7 working days thereafter (or such other period as Singtel may notify you), you shall be responsible for any and all consequences arising out of the unauthorised use of the Service.
4. Use of the Music Store
4.1 You will be granted various rights and benefits in relation to your access to and use of the Music Store, including the right to utilise various services. You acknowledge and agree that:
4.1.1. different rights and benefits may be granted to different users of the Music Store, as Singtel may determine, at its sole discretion;
4.1.2. such rights and benefits may be subject to your compliance with certain conditions or obligations as indicated on the Music Store or otherwise; and
4.1.3. Singtel does not represent or warrant the continued availability of any right or benefit and may, at any time at its sole discretion, revise, vary or withdraw any right or benefit, even if such right or benefit had previously been granted to you.
4.2 The rights and benefits granted to you by Singtel are not transferable or assignable without Singtel's prior written consent and you acknowledge and agree that any such transfer or assignment by you shall be void.
4.3 You represent and warrant that your access to and use of the Music Store will not compromise the security or integrity of Singtel's systems, networks, site(s) or servers, whether by allowing intruders into the same, introducing viruses or other threats, imposing a disproportionate or unreasonably large load on the Music Store or its infrastructure, or using any computer programming routine, file, or device to damage or interfere with the operation of the Music Store.
4.4 You acknowledge and agree that the Music Store may include or utilise technology that limits your use of the Music Store and that, whether or not the Music Store is so limited by technology, you shall use the Music Store in compliance with these Terms.
4.5 Your usage of the Music Store may be controlled and monitored by Singtel (where applicable) to ensure your compliance with these Terms or to satisfy any law, regulation or any request of any applicable authority.
4.6 You are authorised to access and use the Music Store only for your personal and non-commercial use. You shall not, and shall not allow any other person to use the Music Store in any way other than as set out in these Terms without Singtel's prior written consent, and you shall not split, redirect, redistribute, rebroadcast, or otherwise deal with, offer or supply the Music Store in any manner whatsoever.
4.7 You agree to access or use the Music Store and any other information or content (including any Content) provided to you pursuant to your access to or use of the Music Store in a manner consistent with all applicable laws and regulations. Specifically, you will not:
4.7.1 cause, nor knowingly allow others to cause, any nuisance, annoyance or inconvenience to any person (including Singtel, the Singtel Affiliates or other users of the Music Store) by any means;
4.7.2 use any robot, spider, or other automatic or manual device or process to monitor or copy Singtel's web pages or any portion of the content contained on such web pages or websites without the express written permission of Singtel or the relevant Third Party Providers;
4.7.3 use any device, software or routine to interfere or attempt to interfere with the proper working of the Music Store, or to impose an unreasonably or disproportionately large load on the servers serving the Music Store;
4.7.4 use or exploit the Music Store or such other information or content in connection with any obscene, defamatory or illegal material, or any tobacco, pornography, pharmaceuticals or firearms, for any unlawful purpose or in any manner not expressly authorised by the relevant and appropriate parties concerned, which may include the relevant copyright owner of the information or content; or
4.7.5 attempt to violate, tamper with or circumvent any security measures, encryption codes or technological protection measures in or used in connection with the Music Store or Content or otherwise engage in any illegal activity in relation to the Music Store, or enable or assist any person to do so.
4.8 Singtel hereby grants you a non-exclusive, revocable, personal licence to use the Music Store solely in the manner set out herein and in accordance with Singtel's instructions. The licence granted to you does not include any right to copy, reverse-engineer, decompile, modify or tamper with any part of the Music Store. Without prejudice to Clause 12, Singtel may, at its sole discretion, modify the terms on which such licence is granted or, in the event that you breach any of these Terms, revoke such licence.
4.9 You may only access and use the Music Store in Singapore in the manner advised by Singtel, and you shall not, or attempt or assist another person to, tamper, modify, reverse-engineer, disassemble, decompile or otherwise use any part of the Music Store in any manner not expressly permitted by Singtel or create derivative works based on the Music Store. Should you choose to install, access or otherwise use the Music Store from any other location other than Singapore, you do so on your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. For the purposes of these Terms, "reverse engineering" shall include the examination or analysis of the Music Store to determine the source code, structure, organisation, internal design, algorithms or encryption devices of the underlying technology of the Music Store.
5. The Content
5.1 By purchasing Content on or through the Music Store, you represent and warrant that you are located in Singapore at the time of such purchase. Should Singtel at any time become aware that you have breached this warranty, Singtel shall be entitled at its sole discretion to refuse to provide the Music Store or any Content or limit, vary, suspend or terminate access to or use of the Music Store or any Content or any part(s) thereof to you.
5.2 You acknowledge and agree that:
5.2.1 all descriptions and information relating to the Content are provided for convenience only, and that Singtel does not guarantee their accuracy or completeness;
5.2.2 notwithstanding any indications to the contrary on the Music Store or otherwise, the Content is licensed and not sold to you;
5.2.3 the licence in respect of any Content that you obtain access to through the Music Store is subject to the rights of the relevant Third Party Provider and is limited in scope to a non-exclusive, non-transferable, licence for you (and not a third party) to access such Content via the Music Store, in Singapore for your personal and non-commercial use, and such licence confers no title or ownership;
5.2.4 any unauthorized reproduction or distribution of the Content is expressly prohibited and may violate applicable law;
5.2.5 you shall comply with the restrictions in respect of the Intellectual Property Rights in, to or over the Content as set out in Clause 5;
5.2.6 your access to or use of the Content may be subject to additional restrictions which Singtel may impose from time to time; and
5.2.7 you shall not transfer the Content from any wireless electronic device, including devices such as personal or portable computers, mobile telephone handsets, personal digital assistants and the like.
5.3 You acknowledge and agree that certain Third Party Providers shall have the right to enforce Singtel's rights in respect of your access to and use of the Content.
6. Intellectual Property Rights
6.1. All trademarks, trade names, logos and service marks appearing on the Music Store (including the Singtel name or any trademarks of Singtel) belong to Singtel, Singtel Affiliates, Advertisers or Third Party Providers. In particular, the grant to you of a right to access and use the Music Store shall not be construed as granting, by implication, estoppel or otherwise, any licence or right to use the trademarks, trade names, logos or service marks appearing on the Music Store without the prior written consent of Singtel or such Singtel Affiliates, Advertisers or Third Party Providers. You may not, without Singtel's prior written consent, use any such trademarks, trade names, logos or Music Store marks as a hyperlink to the Music Store or any other website. All rights not expressly granted herein are reserved.
6.2. The Music Store and all content contained in or made available by the Music Store (including any Content), and all Intellectual Property Rights in, to or over the Music Store and such content, are provided by and belong to Singtel, Singtel Affiliates, Advertisers or Third Party Providers. You shall not reproduce, modify, edit, repurpose, transfer, distribute, republish, download, post, transmit, sell, rent, lease, display, perform, broadcast, sub-licence, assign or otherwise make available any rights in or to the Music Store or any content contained in or made available through the Music Store (including any Content), in any form or by any means including electronic or mechanical photocopying or recording without the prior written permission of Singtel or the relevant Intellectual Property Rights owner. All rights not expressly granted herein are reserved.
6.3. You agree not to remove any copyright or other proprietary notices from the Music Store. You also agree not to bypass, modify, defeat, circumvent or disable any security or other technical features that prevent or restrict the use or copying of the contents contained in or made available by or through the Music Store (including any Content).
7. Technical Support
7.1. Singtel shall use reasonable endeavours to provide you with technical assistance and support as set out in and in accordance with the technical support details available on the Music Store (if any).
8. Billing, Payment and Fees
8.1. You shall pay to Singtel or its authorised billing agent the Fees and any other sums due or payable to Singtel in accordance with the relevant terms of the applicable payment methods as prescribed by Singtel.
8.2. You acknowledge that by accessing the Music Store, data charges may be incurred by your network provider and you shall be responsible for such data charges.
8.3. You shall bear and pay all Taxes. If you are required under any applicable law to deduct or withhold any sum as Taxes imposed on or in respect of any amount due or payable to Singtel, you shall make such deduction or withholding as required and the amount payable to Singtel shall be increased by any such amount necessary to ensure that Singtel receives a net amount equal to the amount which Singtel would have received in the absence of any such deduction or withholding.
8.4. You acknowledge and agree that Singtel may assign to other entities its right to bill and collect the Fees under these Terms.
9. Disclaimer of Warranties
9.1 Singtel does not make any express or implied warranties, representations or endorsements whatsoever (including warranties of title or non-infringement, or warranties as to merchantability or fitness for a particular purpose) with regard to the Music Store or any material or content on the Music Store (including any Content).
9.3 You acknowledge and agree that Singtel has no control over, excludes all liability for and cannot be deemed to have endorsed the content of any material which can be accessed by accessing or using the Music Store, including any Content. In particular, Singtel disclaims all warranties:
9.3.1. as to:
(i). the availability of any such content;
(ii). the accuracy, quality or merchantability of any such content;
(iii). compliance with any description or requirement of any such content; or
(iv). the uninterrupted viewing of or access to any such content;
9.3.2. that any such content will not:
(i). contain any obscene, offensive, defamatory or otherwise actionable material;
(ii). contain any advertising and promotional messages;
(iii). violate or infringe any Intellectual Property Rights or proprietary, privacy or publicity rights of any person, or violate any obligation of confidence or any other proprietary right;
(iv). contain any viruses, Trojan horses, time bombs or other disabling devices intended to detrimentally interfere, damage, surreptitiously intercept or expropriate any equipment, system or network; or
(v). contain any material in any form that would otherwise render you liable for or expose you to any proceedings whatsoever; or
9.3.3 that the access to, presence of, viewing of or downloading of any such content will not breach any applicable laws.
9.4 The Music Store and the Content are provided on an "as is, as available" basis.
9.5 Singtel takes certain industry-accepted precautions to secure the Music Store or portions thereof. However, Singtel does not warrant that:
9.5.1. the use of the Music Store will meet your requirements;
9.5.2. the Music Store will always be available;
9.5.3. your use of the Music Store will be uninterrupted, timely, secure, error-free or virus-free, or free from other invasive or damaging code;
9.5.4. the quality of any Content accessed by you through your use of the Music Store will meet your expectations; or
9.5.5. any errors in the Music Store will be rectified.
9.6 You assume total responsibility and risk for your use of the Music Store. Any content accessed, streamed or otherwise obtained through your use of the Music Store is done at your sole discretion and own risk. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the Music Store or on the Internet generally.
9.7 Without prejudice to the generality of the foregoing, save as expressly agreed in writing, Singtel does not make any representation or warranty in relation to the Music Store or any services, content or product available through the Music Store (including any Content) and you acknowledge and agree that Singtel shall have no liability or responsibility to you or any other person in relation to any such service, content or product. Should you choose to access or use any such service, content or product, you shall be solely responsible for compliance with all applicable laws in relation to the access to or use of such service, content or product.
9.8 To the extent permitted by applicable law, Singtel hereby excludes all warranties, rights and remedies (including warranties implied by statute or otherwise) to which you would otherwise be entitled by law.
10. Exclusion of Liability
10.1. To the extent permitted by applicable law, in no event shall Singtel, or any of the Singtel Affiliates, be liable to you in any way whatsoever for any direct, indirect, incidental, special and/or consequential damages, loss of profits, costs or expenses whatsoever, whether in contract or tort (including negligence or breach of statutory duty) or otherwise arising out of or in connection with these Terms or your access to or use of the Music Store or any Content, or any inability to access or use the Music Store or any Content.
10.2. If you are dissatisfied with any portion of the Music Store or Content or with any of these Terms, your sole and exclusive remedy is to terminate these Terms and discontinue your access to or use of the Music Store.
11. Your Warranty and Indemnity
11.1 You represent and warrant that (i) you have the full power and authority to agree to and be bound under these Terms, (ii) the execution and performance of your obligations under these Terms does not constitute a breach of or conflict with any other agreement or arrangement by which you are bound, (iii) these Terms impose legal, valid, and binding obligations on you, and (iv) any information provided by you for the purposes of your access to or use of, or in the course of using, the Music Store was true, accurate and complete at the time you provided it.
11.2 To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Singtel, the Singtel Affiliates and their respective officers, directors, employees and agents from and against any and all actions, claims, proceedings, costs (including legal costs incurred by Singtel or any of the Singtel Affiliates in defending any such actions, claims or proceedings), liability, losses and damages whatsoever which may be brought or commenced against Singtel or any of the Singtel Affiliates by any person and/or which Singtel or any of the Singtel Affiliates may sustain, incur or suffer, as the case may be, arising out of or in connection with or by reason of:
11.2.1 your access to or use of the Music Store or any Content;
11.2.2 your breach of any of these Terms;
11.2.3 any action taken by Singtel as part of its investigation of a suspected violation of these Terms or as a result of its finding and decision that a violation of these Terms has occurred;
11.2.4 your infringement or violation of any rights of a third party; or
11.2.5 your infringement or violation of any applicable law.
11.3 Your obligations under this Clause 11 shall survive any termination of your access to and use of the Music Store or your relationship with Singtel. Singtel reserves the right to assume the defence and control of any matter subject to indemnification by you, in which event you shall cooperate with Singtel in asserting any available defences.
12.1 Singtel may suspend (indefinitely or for such period as it may consider appropriate) or terminate your Account or access to the Music Store at any time at its sole discretion without notice to you.
12.2 Singtel may also terminate your Account or access to the Music Store immediately without notice to you if:
12.1.1 Singtel has reason to believe that your Account or access to the Music Store has been the subject of any unauthorised access, use or interception or other security breach;
12.1.2 you have, or Singtel has reason to believe that you have, committed a breach of any of these Terms, or infringed or violated the rights of any third party or any applicable law;
12.1.3 you have, or Singtel has reason to believe that you have, engaged in any activity that may hinder or adversely affect Singtel's provision of the Music Store or the performance of the Music Store;
12.1.4 Singtel is acting in compliance with a requirement of any relevant regulatory authority or law enforcement body; or
12.1.5 Singtel withdraws, discontinues or cancels the provision of the Music Store.
12.3 Upon the termination of your Account or access to the Music Store for any reason
12.3.1 you shall cease to have any rights and benefits as a user of the Music Store;
12.3.2 your licence to access the Music Store shall cease; and
12.3.3 save for the provisions of Clauses 9, 10, 11 and 12, no party shall have any further obligations to the other party under these Terms.
12.4 Singtel's right to terminate your Account or access to the Music Store under this Clause 12 shall be without prejudice to any other rights or remedies which Singtel may have under these Terms.
12.5 The suspension or termination of your Account or access to the Music Store shall not affect the rights of Singtel or your obligations under any other agreement with or any indemnity given by you to Singtel thereunder.
12.6 You shall not be entitled to any payment, compensation or damages of any sort from Singtel in relation to the termination of your Account or access to the Music Store.
12.7 The termination of your Account or access to the Music Store shall not release any party from any liability which at the time of termination has already accrued, or which thereafter may accrue.
13.1 You shall not assign, transfer or encumber any or all of your rights, interests and obligations under these Terms without the prior written consent of Singtel.
13.2 Singtel may assign and transfer any or all of its rights, interests and obligations under these Terms to any third party without your prior written consent.
14.1 No failure to exercise or enforce, and no delay on the part of Singtel in exercising or enforcing its rights under these Terms shall operate as a waiver thereof nor shall such failure or delay in any way prejudice or affect the right of Singtel at any time thereafter to act strictly in accordance with its rights and powers under these Terms.
14.2 Any provision of these Terms which is held invalid or unenforceable in any jurisdiction shall be ineffective to the extent of such invalidity or unenforceability without invalidating or rendering unenforceable the remaining provisions hereof, and any such invalidity or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provisions in any other jurisdiction.
14.3 Singtel reserves the right to take such steps as Singtel believes are reasonably necessary or appropriate to enforce and/or verify compliance with these Terms.
15. Governing Law
15.1 These Terms and your access to and use of the Music Store shall be subject to and governed by the laws of the Republic of Singapore without regard to conflict of law provisions. You agree that any dispute arising out of these Terms shall be resolved exclusively in the courts of the Republic of Singapore.
16.1. In these Terms, the following words and expressions shall have the following meanings:
16.1.1 "Account" shall mean a user account for the Music Store.
16.1.2 "Advertiser" means any third party that owns Intellectual Property Rights in advertisements in or on the Music Store.
16.1.3 "Content" means any and all visual, audio or video content made available on or through the Music Store, including artwork, songs, ringtones and music videos, regardless of duration or format.
16.1.4 "Fees" means the fees payable for the registration for, subscription to, access to and use of the Music Store or Content, and such other fees, in each case as Singtel may inform you from time to time, whether via the Music Store or otherwise.
16.1.5 "Intellectual Property Rights" means all intellectual property rights, including patents, industrial designs, copyright, trademarks, Music Store marks, trade dress, trade names, corporate names, proprietary logos or indicia, and other source or business identifiers, artist, performer or producer rights, database rights, design rights, logos, business methods, trade secrets, rights in know-how or business methods (whether registered or unregistered, and whether patented, patentable or not), rights of confidence or industrial or ancillary property rights, or any application to register any of the foregoing rights, in any part of the world and whether current or prospective, and any other similar right(s) whether or not vested, future or contingent, in any and all media now known or hereafter invented.
16.1.6 "Music Store" means all services available via the Music Store portal.
16.1.7 "Singtel Affiliate" means Singtel's related corporations (as such term is defined in section 6 of the Companies Act (Cap. 50)).
16.1.8 "Singtel" means Singapore Telecommunications Limited.
16.1.9 "Taxes" means all taxes (including goods and services taxes), duties, levies, and other similar charges (and any related interest and penalties) however designated, imposed under any applicable law with respect to the sale or provision of any Content to you or on any fees or payments due or payable to Singtel by you.
16.1.10 "Third Party Provider" means a third party which provides or makes available or will provide or make available any Content or who has developed or created or who is developing or creating any Content or who otherwise owns or will own any of the Intellectual Property Rights in any of the Content.
16.2. The headings or titles to the Clauses in these Terms are to facilitate reference and shall not be referred to or relied upon in the construction of any provision of these Terms.
16.3. Where the context so admits, the singular shall include the plural and words in the masculine gender shall include the feminine and neutral genders and vice-versa.
16.4. The word "including" shall not be construed as being by way of limitation and "otherwise" shall not be construed as limited by words with which it is associated.
16.5. References to any "person" include any natural person, corporation, judicial entity, association, statutory body, partnership, limited liability company, joint venture, trust, estate, unincorporated organisation or government, state or any political subdivision, instrumentality, agency or authority.