PFINGO GENERAL TERMS & CONDITIONS

PLEASE READ THESE TERMS & CONDITIONS CAREFULLY. BY ACCESSING PFINGO WEBSITES (“THESE SITES”) AND/OR ANY CONTENT OR SERVICES THEREIN, YOU AGREE TO BE BOUND BY THESE TERMS & CONDITIONS. IF YOU DO NOT ACCEPT ANY OF THESE TERMS & CONDITIONS, PLEASE DISCONTINUE YOUR ACCESS TO THESE SITES AND/OR ANY CONTENT OR SERVICES THEREIN. WE MAY AT ANY TIME REVISE THESE TERMS & CONDITIONS BY UPDATING THIS VERSION. BY ACCESSING THESE SITES AND/OR USING ANY CONTENT OR SERVICES THEREIN, YOU AGREE TO BE BOUND BY ANY SUCH REVISIONS. PLEASE THEREFORE VISIT THIS WEB PAGE PERIODICALLY TO DETERMINE ANY CHANGES TO THESE TERMS & CONDITIONS.

1. Definitions

In these Terms & Conditions, unless the context otherwise requires, the following expressions will have the following meanings:

“Agreement” these Terms & Conditions, the Service Specific Terms & Conditions (if any) and any other terms & conditions which may be imposed by us from time to time.

“Charges” any and all charges and other fees to be paid by you for or relating to the Services. The Charges will be in accordance with the rates as set out on these Sites.

“CNND” Call Number Non-Display value-added service.

“Content” any and all human readable audio and/or visual elements, including without limitation, any information, text, graphics, images, illustrations, photographs, animation, audio/visual works, designs, logos and other materials.

“Foreign
Network” any network which is situated outside Singapore.

“Overseas
Calls” any and all outgoing overseas calls and calls routed by or via any Foreign Network.

“pfingo
Intellectual
Property” all copyrights, patents, trademarks, tradenames, logos, service marks and other intellectual property or proprietary rights in or related to us, any Service, our network, or any software provided by us.

“Relevant
Persons” any and all of StarHub, its affiliates and their respective directors, officers, employees, agents and contractors.

“Service
Number” any number, symbols or characters assigned by us or selected by you for the purpose of your utilisation of the Services including any telephone number or mailbox number.

“Service
Specific Terms
& Conditions” the specific terms and conditions that we impose in respect of any particular Service.

“Services” any and all info-communications services or other services (including software) supplied by pfingo.

“Site” any pfingo website or web portal.

“StarHub”,
“we”, “our”
or “us” StarHub Mobile Pte Ltd (Reg. No. 200000646C).

“Taxes” any and all taxes, goods and services tax, duties, levies and other similar charges imposed under any law in respect of the provision of the Services or on any Charges or payment due from or payable by you to us.
“Unauthorised
Act” any tampering, modification, removal, destruction and/or damage of or to our networks, unauthorised connection to our networks, including without limitation, such connections that cause interruption, disruption, congestion in and to our networks or any third party's networks or systems, or use of our networks for a purpose other than that of the reception of the Services according to the applicable terms and conditions governing the use of the Services.

“User
Content” any Content made available by you or any user of these Sites or any Services.

2. Ownership and Intellectual Property

2.1 StarHub is the owner and proprietor of these Sites and the Services.

2.2 The Content (other than all User Content) on these Sites is owned by StarHub and/or its licensors and is protected by applicable copyright laws and other intellectual property right laws. Unless expressly permitted on these Sites by us, you must not copy, distribute, publish, perform, modify, download, transmit, transfer, sell, license, reproduce, create derivative works from or based upon, distribute, post, publicly display, frame, link, or in any other way exploit any of the Content, in whole or in part. Any rights not expressly granted to you herein are reserved. Any violation of copyright laws and/or other intellectual property right laws may result in severe civil and criminal penalties.

2.3 "pfingo", “StarHub”, the pfingo logo and all other trademarks, logos and service marks on these Sites are trademarks and service marks belonging to StarHub or its licensors (the "pfingo Marks"). Any product, service or trade name other than those owned by StarHub which identify a third party as the source thereof may, even if not so indicated, be the service mark or trademark of that third party. Third party trademarks, logos and service marks used on these Sites are used with the permission of their owners and all of their rights are reserved. Any unauthorised use of the pfingo Marks or any third party trademarks/logos/service marks is strictly prohibited.

3. Electronic Communications

You consent to receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications which we provide to you electronically satisfy any legal requirement that such communications be in writing. Further, you waive any rights or requirements under any legal requirement in any jurisdiction which require an original (non-electronic) signature or delivery or retention of non-electronic records.

4. Your Account

4.1 You must keep and secure your login identification and password (collectively, “IDs”) as strictly confidential. You must take all measures (including but not limited to changing your password from time to time) to protect the confidentiality of your IDs. You must not allow any third party access to or use of such IDs. The security of your account is your own responsibility. You are solely responsible for all activities and transactions which occur under your IDs and/or account. The security of your account is your own responsibility. We will not be responsible in any way if your IDs and/or account are misappropriated or used by a third party.

4.2 We reserve the right to refuse or change or remove your ID(s). We will endeavour to notify you of such refusal or removal, provided that you have provided us with up-to-date contact particulars.

4.3 If you discover or suspect any unauthorised use or disclosure of your ID(s) or that your account security has been compromised, you must immediately inform us and change your password.

4.4 You are solely responsible for maintaining records of all your activities and transactions carried out under your IDs and/or account. We are not obliged to provide any historical data or to assist in providing such data to you. Without prejudice to the foregoing, in the absence of fraud or manifest error, all our records relating to your account are conclusive evidence of the accuracy, completeness and truth of all matters stated therein. Our decision on all matters relating to the activities and transactions carried out under your IDs and/or account will be final and conclusive.

4.5 When creating your account or providing any information under your account, you must provide accurate and complete information.

4.6 We may, in our absolute discretion, suspend or terminate access to and/or use of your account or all or parts of these Sites (or the Services) at any time and without notice or liability. In no event will we be liable for the suspension or termination of access to or use of your account or any of these Sites (or the Services). We may also impose limits on the access to and/or use of certain features or portions of your account, these Sites or the Services, at any time and without notice or liability.

5. Product Description and Pricing

5.1 We attempt to be as accurate as possible. However, we do not warrant that descriptions and pricing of the Services offered via these Sites are accurate, complete, reliable, current, or error-free. The descriptions, pricing and availability of the Services will be subject to change, withdrawal or discontinuance at our absolute discretion and without the need to assign a reason thereof. We will not be liable in any for any inaccuracy, errors or discrepancies in relation to any Services offered on these Sites. We reserve the right to reject or cancel any orders resulting from such inaccuracy, errors or discrepancies, without liability.

5.2 Without prejudice to Clause 5.1, we cannot confirm the price(s) of any Services offered by us until you order. Despite our best efforts, the Services on these Sites may be mispriced. If a Service’s correct price is higher than the stated price on these Sites, we will, at our discretion, contact you for instructions before delivering the Service, charging you for the Service at the correct price or cancel your order and notify you of such cancellation.

5.3 If a Service delivered to you is not as described, your sole remedy is to discontinue using it.

6. Contract Formation

6.1 This Clause 6 deals with terms and conditions relating to sale of Services by us to you via the Sites.

6.2 No contract for purchase or subscription of Services will come into existence until your order has been accepted by us. You warrant that you are purchasing or subscribing to the Services for personal use, and not for any commercial or re-sale purpose.

6.3 When you place an order to purchase or subscribe to a Service:

(i) your order represents an offer to us to subscribe to the Service;

(ii) we may reject your order at our absolute discretion and without assigning any reason; and

(iii) your order will be accepted by us, when we show you an on screen receipt for your purchase or subscription which will typically be followed by an email confirmation.

6.4 In respect of Services provided by a third party supplier, orders for such Services may be subject to acceptance by the supplier. If such circumstance applies, your order will be also be subject to such terms and conditions as may be imposed by the supplier. We will not be liable in any way for the supplier’s provision of or failure to provide the Services.

6.5 Notwithstanding any provision of this Agreement or your receipt of any electronic or other form of order confirmation, we reserve the right to reject your order at any time and at our absolute discretion.

6.6 In no event will we or any other Relevant Person be liable for any direct, indirect, incidental, special, punitive or consequential damages arising out of or in connection with your order, offer to purchase or subscribe or our acceptance or rejection of your order, whether based on warranty, contract, tort, or any other legal theory, and whether or not we (or such other Relevant Person) are advised of the possibility of such damages. The foregoing limitation of liability will apply to the fullest extent permitted by law.

7. Delivery

Any delivery times quoted by us are only estimates and no guarantee or warranty is made by us that an order will be delivered with the quoted delivery times. We will not be liable for any delay in delivery of any Services, howsoever caused.

8. Eligibility for Services

8.1 The Services are only available to individual customers for personal use, and not for any commercial purpose.

8.2 In order to subscribe to access and use the Services, you must comply with the following requirements:

(i) you must be at least 18 years old; and

(ii) you must submit to us valid scanned copies of your identity documents (including without limitation identity cards or passports or certificate of identity etc).

8.3 You acknowledge and agree that availability of the Services is subject to:

(i) availability of resources, including but not limited to, availability of a suitable network infrastructure at the time at which the Services are requested or delivered; and

(ii) geographical coverage and technical capacity of our network and of our delivery systems at the time at which the Services are requested or delivered.

8.4 You must at all times provide us with such information as may be necessary or desirable for us to provide you with the Services. You must maintain and update your information to keep it accurate, current, and complete. We reserve the right to suspend or terminate your right to use the Services if any information you provide is false, inaccurate or incomplete. You agree that we and our affiliates may collect and use information consistent with this Agreement. We will use reasonable efforts to protect information submitted by you in connection with the Services, but you acknowledge and agree that your submission of such information is at your sole risk, and we and our affiliates hereby disclaim any and all liability to you for any loss or liability relating to such information in any way.

9. Billing and Payment

9.1 You may have to prepay for certain Services. You are liable for the Charges for such Services you have applied for and incurred under your account whether the Services are used by you or someone else. Charges will be calculated based on our records.

9.2 You must prepay through your credit card, eNets or such other mode of payment as may be determined by us. We will not send you any physical bills or statements; however your last one year of payment records will be available for view on the pfingo website under your account.

9.3 Any change/ termination in the method of payment will only be effected from the next billing cycle onwards.

9.4 Unless otherwise stated in the Service Specific Terms & Conditions for the relevant Services, recurring Charges apply for the full period to which the Charges relate. Charges incurred at the end of a billing cycle may be reflected in your next bill for the next billing cycle.

9.5 If you wish to reasonably dispute any Charges, you must inform us in writing within 1 year from the date of payment. Otherwise, you are liable to pay us all Charges. We will investigate any such dispute and provide a written response to you within 30 days from the day you notify us of such a dispute. If the dispute is resolved in our favour, you must pay us the disputed amount and all costs incurred in recovering the amount. We may charge you interest on the outstanding amount at 1.5% per month from the date the outstanding amount was due and payable and calculated on a daily basis or at such other rates as we may prescribe from time to time. Alternatively, we may charge you the standard late payment fee as we may prescribe from time to time.

9.6 You must inform us immediately if your credit card is lost, stolen, expired or terminated. If we are unable to make the deduction or settlement with your bank or card company, we will not be liable to you in any way and you are still liable to make payment for outstanding amounts (together with any administrative fees for the failed transaction).

9.7 You must pay all Charges without any counterclaim, deduction, set off or withholding. You are responsible for all Taxes. If you are required under any law to deduct or withhold any sum as Taxes imposed on any amount payable to us, the amount payable to us must be increased by such amount necessary to ensure that we will receive a net amount equal to the amount which we would have received in the absence of any such deduction or withholding.

9.8 If you use more than one of our Services, any payment you make may be applied or allocated by us towards any outstanding amount for any Service in such manner, priority, order and proportion as we deem appropriate. If you have more than one account with us, we may transfer any credit balance under one account to settle outstanding amounts due under another account. Any such application or allocation will override any appropriation made by you.

9.9 We may, at our discretion, authorise our Affiliates to issue bills and collect payment of Charges and moneys on our behalf.

10. Software

10.1 All software provided to you is provided subject to the terms and conditions of the licence agreement relating to that software from us or a third party. Your use of the Software is governed by the terms of that licence agreement and by this Agreement. You must not install or use any software that is accompanied by a licence agreement unless you first agree to the terms of that licence agreement. With regards to any software which is not accompanied by a licence agreement, the use of the software is subject to the following conditions:

(i) Licence

You are hereby granted a non-exclusive, non-transferable and non-sublicensable personal licence to use the software for your own personal use only. We grant to you the non-exclusive right to use all or a portion of the Software so long as:

1. the software is not distributed or made available to any third party whether for profit or otherwise;

2. the software is used only in connection with the relevant Services and for no other purpose;

3. the software is not modified; and

4. you comply with all the terms and conditions of this Agreement.

We and/or our licensors reserve all rights in the software not expressly granted under this Agreement.

(ii) Intellectual Property Rights

We and/or our licensors own the software and all intellectual property rights in or associated with the software. You must not remove or alter any copyright, ownership or other proprietary notices, legends, symbols or labels appearing on or in any part of the software.

(iii) Single Computer Use

The software may be used only on a single computer or device by a single user at any time. You may transfer the machine-readable portion of the software from one computer to another computer or device so long as:

1. the software (including any portion or copy thereof) is erased from the first computer or device; and

2. there is no possibility that the software will be used on more than one computer or device at a time.

(iii) Stand-alone Basis

You may use the software only on a stand-alone basis so that the software and the functions it provides are accessible only to persons who are physically present at the location of the computer or device where the software is installed. You may not allow the software or its functions to be accessed remotely, or transmit all or any portion of the software through any network or communication line.

(v) Limitations on Using, Copying and Modifying the Software

You must not reproduce or distribute the software for any purpose whatsoever. Without prejudice to the foregoing, you must not copy the software to any server or location for reproduction or distribution. You acknowledge that the software contains our or our licensors' trade secrets, intellectual property rights and other proprietary rights. You must not decompile, disassemble or otherwise reverse engineer any part of the software, or engage in any other activities to obtain underlying information in or about the software that is not visible to the user in connection with normal use of the software.

10.2 We will not be responsible for the software, or any loss or damage caused by or as a result of the use of the software, whether in conjunction with the Services or not.

10.3 You must comply with all applicable laws and instructions, notices or directions issued by the relevant regulatory authority or us from time to time in respect of the installation, use or upgrade of the software.

10.4 Upon our notification, you will grant us access to the software as and when we deem necessary to carry out any upgrade and/or trouble-shooting.

10.5 You must not use the software in conjunction with any computer, hardware, software or network other than in the manner approved by us.

10.6 You must immediately inform us if the computer or device installed with the software is stolen or lost, or if you become aware at any time that your Services are being fraudulently used or otherwise being used in an unauthorised manner. Until you have informed us about the theft or loss, or fraudulent or unauthorised use of the Services, you will be solely responsible for all use of the Services using the software and any and all fraudulent or unauthorised use of your Services.

11. User Content and Use of pfingo Websites

11.1 These Sites and/or the Services may permit you and other users to submit User Content and the hosting, sharing, and/or publishing of such User Content. You acknowledge that whether or not such User Content are published, we do not guarantee any confidentiality with respect to any submissions.

11.2 You shall be solely responsible for your own User Content and the consequences of posting or publishing them. In connection with User Content, you represent and warrant that:

(i) you own or have the necessary licenses, rights, consents, and permissions to use and authorise us to use all patents, trademarks, trade secrets, copyrights and/or other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner contemplated by these Sites and/or the Services;

(ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Content in the manner contemplated by these Sites and/or the Services; and

(iii) your User Content (and our use thereof in the manner contemplated by these Sites and/or the Services) does not and will not violate or infringe the rights of any third parties including but not limited to their intellectual property or confidentiality rights.
For the avoidance of doubt, you retain all of your ownership rights in your User Content. However, by submitting the User Content, you hereby grant us a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, edit, modify, prepare derivative works of, display, and perform the User Content in connection with these Sites and/or the businesses and marketing activities of pfingo, including without limitation for promoting and redistributing part or all of these Sites, the Content therein and/or the Services in any media formats and through any media channels.

11.3 In connection with User Content, you further agree that you will not:

(i) submit any Content which is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post such Content and to grant us all of the rights granted herein;

(ii) publish falsehoods or misrepresentations which may damage us or any third party;

(iii) submit any Content which is illegal, offensive, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, or encourages conduct which may be considered a criminal offence, give rise to civil liability, violate any law, or is otherwise inappropriate;

(iv) submit, transmit or upload any Content which contains viruses, worms, trojan horses, time bombs, cancelbots or any other harmful, damaging or destructive programs;

(v) post advertisements or solicitations of business; and/or

(vi) impersonate another person.

11.4 We are not responsible for your User Content, including protecting it from other people. This means that if someone else gets your User Content from these Sites and/or the Services and uses it for any purpose (including but not limited to selling the User Content), we are not responsible or liable for this activity and you will not require us to stop such use of your User Content. Notwithstanding the foregoing, we may remove your User Content from these Sites and/or the Services at any time, without notice and at its absolute discretion. We make no warranty that your User Content or any part thereof will be utilised on these Sites (or any Services) or if so utilised, will continue to be available for any particular period of time.

11.5 We do not endorse any User Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with User Content. We do not permit copyright infringing activities and infringement of other intellectual property or proprietary rights on these Sites and/or the Services, and we will remove any Content (including any User Content) if properly notified that such Content infringes on a third party’s intellectual property or proprietary rights. We may suspend or terminate a user's access to these Sites if such user is in violation of this Agreement. We also reserve the right to decide whether any Content (including any User Content) is appropriate and complies with this Agreement. We may remove any User Content and/or suspend or terminate a user's access for uploading such User Content in violation of this Agreement at any time, without notice and at its absolute discretion.

11.6 You acknowledge that when using these Sites and/or the Services, you may be exposed to third party Content (including User Content) from a variety of sources, and that we are not responsible for the accuracy, usefulness, reliability, quality, safety, completeness or intellectual property rights of or relating to such Content. You further acknowledge that you may be exposed to Content (including User Content) which may be illegal, defamatory, inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against any of the Relevant Persons with respect thereto, and agree to indemnify and hold all Relevant Persons harmless regarding all matters related to your use of these Sites, the Services and/or the Content therein.

11.7 The use of these Sites, the Services and/or the Content therein is subject to any instructions, notices and directions as may be determined by us from time to time.

12. Use of Service

12.1 You acknowledge and agree that your use of the Services is your sole responsibility, is solely at your own risk and is subject to all applicable laws and regulations. If you use the Services outside Singapore, you will be solely responsible for (i) procuring all necessary consents and (ii) complying with all applicable laws and regulations resulting from such use. We reserve the right to immediately suspend or terminate your Services if we determine, in our absolute discretion, that you use the Services in violation of any applicable law or regulation.

12.2 Your service provider or other third party may intentionally or inadvertently block the communications over which the Services is provided or otherwise impede the usage of the Services. You acknowledge and agree that we are not responsible for such blocking by your service provider or any third party, or any other impediment to your usage of the Services, and any loss of service, which may result. We make no warranty that the Services will be compatible with all services and expressly disclaim any express or implied warranties regarding the compatibility of the Service with any particular service.

12.3 The Services may not be compatible with certain computer, hardware, software or networks. You are solely responsible for ensuring the compatibility of the Services with any computer, hardware, software or network, and we will not be responsible for any failure, disruption or interference in the Services or such computer (or as the case may be, hardware, software or network) which may arise from your use of the Services in conjunction with such computer (or as the case may be, hardware, software or network).

12.4 You must ensure that any computer, hardware, software or network connected to or used with the Services is connected and used in accordance with any applicable instructions, safety and security procedures applicable to the use of such computer (or as the case may be, hardware, software or network) or as may be specified by us.

12.5 You are responsible for ensuring your computer, hardware, software and network meet the Services’ minimum system requirements as may be stipulated by us, and that they are compatible and may properly function and inter-operate with the Services. We will not be liable for any software, Service or network failure or performance degradation resulting from the non-compliance of such requirements as may be determined by us from time to time. You acknowledge and accept that certain computer, hardware, software and network are not supported by the Services.

12.6 If your account is inactive for more than 6 months, we reserve the right to suspend or terminate your Services and withdraw the Service Number (if any) allocated to you.

12.7 If we provide you with any software provided as part of the Services, you are solely responsible for such software and must not modify or in any way interfere with, nor allow anyone else (other than a person authorised by us) to do so. We reserve the right to suspend or terminate your Services if we determine, in our absolute discretion, that you have tampered with the software. In the event of such suspension or termination, you will remain responsible for the full Charges to the end of the current term. You will not attempt to hack or otherwise disrupt the Services or make any use of the Services that is inconsistent with its intended purpose.

13. Your Responsibilities

13.1 You are solely responsible for the use of these Sites and/or the Services under your account(s) and for any Content stored in or disseminated through your account(s).

13.2 You are required to:

(i) provide accurate and complete information to us and inform us immediately of any changes in any particulars or information given to us in your application for the Services including but not limited to any changes in address and/or contact particulars;

(ii) comply with all applicable laws, rules and regulations and any requirements or restrictions which we may or other service providers may impose on the use of these Sites and/or the Services;

(iii) comply with all instructions, notices or directions issued by us; and

(iv) take all reasonable steps to prevent fraudulent, improper or illegal use of these Sites and/or the Services.

13.3 You must not use or allow any part of these Sites and/or the Services to be used:

(i) to store, 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;

(ii) to transmit or post any Content which may give rise to civil liability or otherwise violate any applicable laws, rules or regulations;

(iii) to transmit any Content that contains viruses, worms, trojan horses, time bombs, cancelbots or any other harmful, damaging or destructive programs;

(iv) to make or attempt any unauthorised access to any part or component of the Services, our network or any third party systems or networks to which you can connect through the Services directly or otherwise;

(v) to disrupt the various networks that are connected to these Sites and/or the Services or violate the regulations, policies or procedures of such networks;

(vi) to collect and/or disseminate information about others or their email addresses without their consent;

(vii) for any fraudulent, illegal or improper purposes or to violate anybody's rights or in any way which may affect other users' enjoyment of or access to any service or cause annoyance, harassment, irritation, inconvenience or anxiety to anyone;

(viii) 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; and

(ix) to be resold or otherwise provided to third parties without our prior written consent, whether for profit or not.

13.4 You agree that:

(i) all Content stored, transmitted or made available via these Sites and/or the Services, are the sole responsibility of the person from which such Content originated;

(ii) we will not be liable in any way for any third party Content, products or services which you may access, store, use or acquire via these Sites and/or the Services;

(iii) you are solely responsible for all Content that you store, transmit or make available via the Services or on any website;

(iv) we do not control any third party Content, products or services which you may access, store, use or acquire through the Services (or the Services) and we do not endorse or guarantee the accuracy, reliability, integrity, legality or quality of such Content, products or services;

(v) by using these Sites and/or the Services, you may be exposed to third party Content that may be defamatory, offensive, indecent, objectionable or illegal;

(vi) we may, at our discretion, remove or modify any Content (which you store, transmit or make available via the Services or on any website) that may be defamatory, offensive, indecent, objectionable or illegal or may have infringed any party's intellectual property rights, without notice to you;

(vii) we may, at our absolute 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

(viii) without prejudice to paragraph (vii) above, we may, at our discretion, remove, modify, suspend or terminate any third party Content, products or services which you may access, store, use or acquire via these Sites and/or the Services, without notice to you,

and we will not be liable to you or any third party under any of paragraphs (i) to (viii) above.

13.5 You will be solely responsible for making back-up and archival copies of all Content stored via these Sites and/or the Services. In no event will we be responsible to you or any other parties for any loss, corruption, destruction or alteration of any such Content.

14. Service Numbers

14.1 When we allocate any Service 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 transfer these numbers to any third party. You must not apply or try to apply for registration of any Service Number as trademarks, whether on their own or together with any word or mark.

14.2 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 Service Number allocated to you. However, we will endeavor to give you reasonable notice in this event.

14.3 If you wish to retain and use the same Service Number in connection with any service to be provided by any other Service Provider, you must make the appropriate arrangement with such Service Provider for that purpose before you terminate the Service in relation to which the Service Number has been assigned to you. We shall not be required to consent or permit any Service Number to be used in connection with any service to be provided by any other Service Provider otherwise than in accordance with and subject to the terms and conditions of any agreement between us and such Service Provider.

14.4 If we provide you with any CNND in respect of any Service Number, you acknowledge and agree that:

(i) you may not be able to access certain services using that Service Number, if such services require a Caller ID to be shown;

(ii) the availability or functionality of the CNND for Overseas Calls is dependent on the relevant Foreign Network. We will not be responsible for any failure, interruption or degradation of the Services (including CNND) due to any Foreign Network; and

(iii) (without prejudice to paragraph (ii) above) we make no warranty that the CNND will be available and error-free for all Overseas Calls. We will not be responsible for any failure in the CNND for any Overseas Calls.

15. No Resale

The Services are provided to you solely for your own personal and non-commercial use. You must not resell or transfer the Services or the software (which we provide to you) to third parties without our prior written consent, whether or not for profit or otherwise. We reserve the right to immediately suspend or terminate your Services if we determine, in our absolute discretion, that your use of the Services is inconsistent with the usage guidelines as provided by us.

16. No Right To Continued Access or Use

16.1 We may add, delete or disable Content or Services, and/or add, delete, disable or modify some or all of these Sites, the Content therein and/or the Services, at any time, without notice and at our absolute discretion. You acknowledge and agree that we may suspend or terminate access to and/or use of all or parts of these Sites, the Content therein and/or the Services at any time, without notice and at our absolute discretion. In no event will we be liable for the suspension or termination of access to any Content or Services or any functionality of these Sites. We may also impose limits on the access to and/or use of certain features or portions of these Sites and/or any Content or Services at any time, without notice and at our absolute discretion.

16.2 We may, at any time and without any notice, temporarily suspend these Sites (or any Content therein or Services) for operational reasons such as repair, maintenance, upgrade or improvement of these Sites (or the affected Content or Services) or because of an emergency. We may also modify these Sites (or any Content or Services) in order to keep pace with the prevailing demands and technological developments, at any time, without notice and at our absolute discretion.

17. Ending the Services

17.1 We may, without liability, terminate any Services or this Agreement by giving you at least 7 days’ notice.

17.2 If the Services or this Agreement are/is terminated pursuant to Clause 17.3 or 17.4 below, you will compensate us for any damages or losses we may suffer because of the termination.

17.3 In the event of any of the following:

(i) you breach any of the terms and conditions of this Agreement or any other agreement you have with us;

(ii) you provide incorrect, false or incomplete information to us;

(iii) the requirements of any relevant regulatory authority result in us having to stop providing the Services or to provide the Services in a manner which is unacceptable to us;

(iv) if you are likely to create imminent harm (such as interruption, disruption, congestion, signal leakage and any Unauthorised Act) to our 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 are abusive to our personnel; or

(v) for any reason beyond our control (including loss of any licence, requirements of any governmental or regulatory authority or orders by the court and cessation or failure to deliver by a third party supplier) we are unable to provide the Services,

we may suspend or terminate all or any part of the Services or terminate this Agreement upon notice to you without compensation and without prejudice to our rights to damages for any antecedent breach by you of this Agreement.

17.4 In the event that we suspect that you are using or allowing the Services to be used for fraud, misconduct or any other illegal or improper purpose, we will refer this to the relevant authorities without notice to you and comply with directions or guidelines issued by them without further reference to you.

17.5 If this Agreement or the Services is/are terminated:

(i) all sums due, accruing due or payable to us in respect of the Services, up to the date of termination (including late payment charges) will, upon the termination, become immediately due and payable to us. There will be no refund of any Charges paid to us; and

(ii) we will not be responsible for any Content stored under the terminated account. We may, in our discretion, delete your Content without notice or liability to you.

17.6 The termination of this Agreement will not affect any accrued rights or remedies of either party against the other party.

18. Conclusiveness of Records

18.1 In the absence of fraud or manifest error, all our records of all matters relating to these Sites, the Content therein and/or the Services are conclusive evidence of the accuracy, completeness and truth of all matters stated therein.

18.2 Our decision on all matters relating to these Sites, the Content therein and/or the Services will be final and conclusive.

19. Indemnity

You agree to defend, indemnify and hold harmless all Relevant Persons from and against any and all losses, damages, costs (including legal costs), expenses, claims, demands, proceedings and other liabilities arising from:

(i) your use of and access to these Sites, any Content therein and/or any Services; and/or

(ii) your negligence or breach of this Agreement.

This defence and indemnification obligation will survive this Agreement and/or your use of these Sites, any Content therein or Services.

20. Limitation of Liability

20.1 THESE SITES, THE CONTENT THEREIN AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU AGREE THAT YOUR USE OF THESE SITES (OR ANY CONTENT OR SERVICES) WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND ALL OTHER RELEVANT PERSONS EXPRESSLY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES IN CONNECTION WITH THESE SITES (OR ANY CONTENT OR SERVICES) AND YOUR USE THEREOF, INCLUDING WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, USEFULNESS, RELIABILITY, QUALITY, SAFETY OR COMPLETENESS OF THESE SITES’ CONTENT OR THE SERVICES AND ASSUMES NO LIABILITY FOR (I) ANY ERRORS, MISTAKES, OR INACCURACIES OF ANY CONTENT OR SERVICES, (II) ANY HARM, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THESE SITES OR ANY CONTENT OR SERVICES, (III) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THESE SITES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THESE SITES BY ANY THIRD PARTY, (VI) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF ACCEPTANCE OR REJECTION OF YOUR ORDER AND/OR (VII) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR SERVICES OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THESE SITES OR ANY SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME ANY LIABILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THESE SITES, ANY SERVICES OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE LIABLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

20.2 Without prejudice to the foregoing, we will not be liable for any delay or failure to provide the Services or any software, or any interruption or degradation of the Services/software quality which may arise from the following:

(i) an act or omission of an underlying carrier, service provider, vendor or other third party;

(ii) computer, hardware, network or facility failure;

(iii) computer, hardware, network or facility upgrade or modification;

(iv) force majeure events such as (but not limited to) acts of God, acts of nature, strikes, fire, war, riot, acts of terrorism and governmental actions;

(v) computer, hardware, network or facility shortage;

(vi) computer, hardware or facility relocation;

(vii) service, computer, hardware, network or facility failure caused by the loss of power to you;

(viii) outage of, or blocking of communications by, your service provider, any third party or other impediment to usage of the Services caused by any third party;

(ix) any act or omission by you or any person using the Services or the software;

(x) any third party’s service, computer, hardware, software, network or facility; or

(xi) any other cause that is beyond our control, including, without limitation, a failure of or defect in any software, the failure of an incoming or outgoing communication, the inability of communications to be connected or completed, or forwarded.

20.3 WITHOUT PREJUDICE TO ANY OTHER PROVISIONS OF THIS AGREEMENT, IN NO EVENT WILL WE OR ANY OTHER RELEVANT PERSON BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFITS, REVENUE, BUSINESS, ANTICIPATED SAVINGS, GOODWILL AND DATA), WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE (OR SUCH OTHER RELEVANT PERSON) ARE/IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

20.4 WITHOUT PREJUDICE TO CLAUSES 20.1 TO 20.3, IF YOU ARE DISSATISFIED WITH THESE SITES (OR ANY CONTENT OR SERVICES) OR ANY OF THESE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR ACCESS AND USE OF THE SAME.

20.5 IF WE OR ANY OF THE OTHER RELEVANT PERSONS ARE LIABLE TO YOU AND WE CANNOT, FOR ANY REASON, RELY ON THE LIMITATIONS OF LIABILITY SET OUT IN CLAUSES 20.1 TO 20.4, THEN THE MAXIMUM LIABILITY WE AND/OR SUCH OTHER RELEVANT PERSONS WILL BE LIABLE TO YOU AND ANYONE ELSE IS EITHER THE REPLACEMENT OF THE SERVICE (FOR WHICH YOU HAVE PAID BUT ARE UNABLE TO USE) WITH THE SAME OR SIMILAR SERVICE OR THE REFUND OF THE PURCHASE/SUBSCRIPTION PRICE WHICH YOU HAVE PAID FOR THE SERVICE, WHICH WILL BE AT OUR ABSOLUTE DISCRETION.

21. Intellectual Property

21.1 You will not acquire any right in any and all pfingo Intellectual Property and all such property will remain at all times with us or our licensor(s).

21.2 You will not use or permit the use of any pfingo Intellectual Property except for the purposes contemplated by these Websites and/or the Services provided to you or as permitted by us.

22. Matters beyond Our Control

22.1 We will not be liable for any delay or failure in performance under this Agreement resulting from matters beyond our control. These include acts of God, requirements of any governmental or regulatory authority, war, national emergency, accident, fire, lightning, equipment failure, computer software or software malfunction, electrical power failure, faults, interruption or disruption of our networks or the networks of other Service Providers or of your equipment or the equipment of any third party, riots, strikes, lock-outs, industrial disputes (whether or not involving our employees) or epidemics of infectious diseases.

22.2 Without prejudice to Clause 22.1, we will not be liable for any delay or failure in performance under this Agreement resulting from any delay or failure of any third party (including any supplier) to deliver or provide any facilities, infrastructure, equipment or services to us.

23. Confidentiality

You must not use or disclose to any person any information (other than information that is or has become publicly available) relating to any of the Services or us which is acquired from or provided by us and/or any of our agents or contractors in connection with or in the course of the provision of any Service, except to the extent necessary to comply with law, court order or any regulatory authority.

24. Service Specific Terms & Conditions

24.1 Different Services may be subject to different Service Specific Terms & Conditions. Please refer to the relevant Specific Terms & Conditions stated on these Sites before you access or use the Services. We reserve the right to amend the Service Specific Terms & Conditions at any time and without notice or liability.

24.2 If there is any conflict or inconsistency between any provision of the Service Specific Terms & Conditions and any provision of these General Terms & Conditions, such conflict or inconsistency will be resolved in a manner most favourable to us. However, if such conflict or inconsistency cannot be so resolved, the provisions of the Service Specific Terms & Conditions will prevail over the provisions of these General Terms & Conditions.

25. Non-waiver

No failure or delay by us to exercise or enforce any of its rights under this Agreement will operate as a waiver of such rights nor will such failure or delay in way prejudice or affect its right at any time thereafter to act strictly in accordance with our rights under this Agreement.

26. Assignment

This Agreement, and any rights, obligations and licenses granted herein, may not be assigned or transferred by you, but may be transferred or assigned by us without restriction.

27. Notices

27.1 Without prejudice to Clause 3, notices by us to you may also be sent by post, fax or email to your contact details in our records.

27.2 You hereby agree to receive from us any offer and/or marketing/promotional information or notices (whether by way of letter, leaflet, pamphlet, electronic mail, phone messages or any other means of communications) relating to these Sites, the businesses of pfingo and/or any products or services, from time to time unless you notify us otherwise.

28. Amendment of this Agreement

We reserve the right to amend the terms and conditions of this Agreement at any time, without notice and at our absolute discretion. Your use of these Sites (or any Content therein or Services) following any amendment of this Agreement will signify your assent to and acceptance of the amendments thereof.

29. Entire Agreement, Severability and No Third Party Right

29.1 This Agreement contains the whole agreement between you and us and will prevail over any other terms including those you may issue.

29.2 If any provision of this Agreement is held to be invalid, illegal or unenforceable (whether in whole or in part), such provision will be deemed modified to the extent, but only to the extent, of such invalidity, illegality or unenforceability and the remaining provisions of this Agreement will not be affected.

29.3 Our affiliates may enforce this Agreement against you. Save as aforesaid, a third party has no right to enforce any term of this Agreement pursuant to the Contracts (Rights of Third Parties) Act and the consent of any third party (including our affiliates) is not required for the variation, rescission or termination of this Agreement.

30. Governing Law and Jurisdiction

30.1 The laws of Singapore will govern this Agreement. Any processes or judgment may be given to you in the same way as notices under this Agreement.

30.2 Any action or proceedings may be brought and enforced in the courts of Singapore or any other jurisdiction where you or any of your property may be found and you irrevocably submit to the jurisdiction of such courts in respect of any action or proceedings against or involving you relating to your use of these Sites (or any Content therein or Services) or this Agreement.

31. Use of Customer Information

31.1 For the purposes of this Agreement, Customer Information consists of all and any information relating to you obtained by us in the course of and as a result of the provision of the Services by us, including without limitation, your use of these Sites and/or the Services and your personal particulars. We may also record any oral conversations between you and us for the purpose of monitoring our customer service.

31.2 We may use the Customer Information for the purposes of: planning, provisioning and billing for the Services; managing bad debt and preventing fraud; facilitating interconnection and inter-operability between service providers; rendering assistance to law enforcement, judicial, governmental or regulatory agencies and/or complying with any regulatory requirements.

31.3 Further, you also consent to our use or disclosure of the Customer Information for other lawful purposes, including without limitation, research; customer benefits and retention programme; to support your customer relationship with us.

31.4 You can at any time withdraw your consent to the use or disclosure of the Customer Information as referred to in Clause 31.3 by writing to us at the following address:

pfingo Support
67 Ubi Avenue 1
#05-01
StarHub Green
Singapore 408942
Ref: Withdrawal of Consent to Use End User Service Information (EUSI)
Copy to: Legal Department

(You must include in your letter your account number(s) with us, your full name, I/C or FIN /passport number, address and signature.)