Terms & Conditions - Hub Troopers

 

  1. Definitions
    1. In this Section:
      1. "Charges" refers to all installation, service call, cancellation charges, administrative charges and other fees to be paid by you for or relating to the Service including any Charges for Equipment we may provide to you;
      2. "Content" means any and all information, files, text, sound, music, software, photographs, videos, graphics, data, messages or other materials;
      3. "Equipment" means any and all equipment, devices and any related accessories (for example, wire, cable, speaker mounts and other parts) or Software, which we may provide and/or sell to you as part of the Service;
      4. "Facilities" means any and all equipment, computers and other devices (including any related accessories such as wires, cables, speaker mounts and other parts and software), furniture, fixtures, electrical supply and any other amenities which are located or available at the Premises, other than the Equipment;
      5. "Personnel" means our employees, staff, contractors and/or agents whom we may deploy to the Premises to provide the Service to you;
      6. "Premises" means the property which is owned or occupied by you and at which we agree to provide the Service;
      7. "Scheduled Appointment" means the date on which and time at which our Personnel are scheduled to attend at the Premises to provide the Service to you; and
      8. "Service" means the premium and paid lifestyle and integration support services known as 'Hub Troopers' provided by StarHub Online Pte Ltd (Reg. No. 200501897Z), including any Equipment provided in conjunction with or as part thereof.
    2. These Terms and Conditions form an integral part of, and shall be read together with, StarHub's General Terms & Conditions which may be found at Legal Notices & Terms. Any terms which are not expressly defined herein shall have the meanings ascribed to them in the aforesaid General Terms & Conditions.
  2. Eligibility for Service
    1. Unless otherwise permitted by us, you will only be eligible for the Service if:
      1. at the time that you order the Service:
        1. you are subscribed to StarHub TV or StarHub Broadband services; and
        2. you do not owe us or any of our Affiliates any outstanding sums; and
      2. you are an individual, you are at least 18 years old.
    2. Upon our request, you must provide us with such documents and information as may be necessary or desirable for us to provide you with the Service.
    3. You may only use the Service for either your private residential or business purposes, as we may specify.
    4. We may decline to accept your order for the Service at our discretion and without assigning any reasonback to top.
  3. Availability and Scope of the Service
    1. You acknowledge and agree that the availability of the Service is subject to the availability of resources, including but not limited to, availability of a suitable Personnel at the time at which the Service is requested or provided. Without prejudice to the generality of the foregoing, any changes to the date and/or time of the Schedule Appointment shall be subject to the availability of our Personnel and Equipment.
    2. We reserve the right to assign such Personnel as we deem fit to provide the Service to you. You agree that you are not entitled to choose the Personnel who will be providing the Service to you.
    3. We may, at any time, modify any part of the Service in order to keep pace with prevailing demands and technological developments, at our discretion and without prior notice to you.
    4. You acknowledge and agree that in certain cases, we may not be able to diagnose your technology problems, or may not be able to diagnose your technology problems completely because of problems with your Facilities and/or the configuration of your Facilities.
    5. We reserve the right to decline to provide the Service (wholly or in part) to you on the basis that your technical needs or other requirements are unusual or extensive and/or beyond the scope of this Agreement, as determined by us.
    6. Our Personnel shall be entitled to leave the Premises at any time during the Scheduled Appointment without providing the Service, wholly or in part, if:
      1. the Personnel is likely to suffer from imminent harm or discomfort, or be harassed or abused in any way, whether physically or mentally; or
      2. it would be dangerous, unsafe, detrimental, unhealthy or constitute a legal or regulatory violation to provide the Service to you.
    7. The provision of Equipment is subject to stock availability. No promise, warranty, guarantee or representation is given by StarHub for the availability or continued availability of any of the Equipment or the Service.
    8. We reserve the right, at our absolute discretion, to:
      1. bundle the Service and/or Equipment in such manner as we deem fit; and
      2. make your order for and our provision of the Service and/or Equipment conditional upon your purchase of such other services and equipment as we may decide.
    9. For the avoidance of doubt, our sole responsibility in providing the Service is to install and set up the Equipment at the Premises and ensure its interoperability with your Facilities. We are not responsible for and will not carry out any tasks beyond the scope of works expressly stated in the relevant service agreement/work order/application form.
  4. Your Responsibility for the Content
    1. You acknowledge that there is a risk that your Content may be lost, deleted, altered and/or corrupted.
    2. As such, you agree that it is your sole responsibility to, and you agree to, back up all your software, Content (including but not limited to contact information, emails and other personal information) and any other data and files stored on your computer disks, storage devices, drives and any other Facilities prior to the Scheduled Appointment.
  5. Your Responsibility for the Facilities
    1. You are responsible for ensuring that your Facilities (including your computers, laptops, devices, hardware and software etc) meet such minimum system requirements as may be determined by us from time to time to ensure interoperability and compatibility with the Equipment.
    2. You are responsible for ensuring the availability, compatibility and suitability of all networks, transmission, software, devices and Facilities necessary for you to access your Content (whether locally or remotely) using the Equipment.
    3. You are solely responsible for properly reviewing, ascertaining and informing us of your technical requirements prior to the Scheduled Appointment so that we may be adequately equipped during the Scheduled Appointment.
    4. You further acknowledge that you have inspected and satisfied yourself of the limitations, specifications, conditions and all circumstances affecting the operation and capabilities of such Equipment as we may provide to you (including the compatibility of such Equipment with your Facilities and Content) prior to placing an order for such Equipment.
    5. You will grant us access to the relevant Facilities and the software embedded therein as and when we deem necessary to carry out the Service including but not limited to any software or system upgrade.
  6. Your Responsibility for the Premises
    1. You agree to provide us and our Personnel with:
      1. safe access to the Premises (including the Facilities);
      2. a safe and comfortable working environment and work space; and
      3. sufficient electrical power for carrying out the Service on the date/time of the Scheduled Appointment.
    2. You shall ensure that a person of at least 18 years of age is present the entire time that our Personnel attend at the Premises to provide the Service to you.
  7. Entering the Premises and Accessing the Facilities and Content to Provide the Service
    1. You acknowledge and agree that, by ordering and procuring the Service, you have consented and agreed to the Personnel doing all such things as may be necessary to provide the Service to you, including:
      1. contacting you to make and confirm Scheduled Appointments;
      2. entering and remaining on the Premises;
      3. installing the Equipment at the Premises;
      4. connecting the Equipment to your Facilities;
      5. testing the Equipment at the Premises, including the interoperability of the Equipment with the Facilities,
      6. accessing and transferring your data and Content; and
      7. accessing and using the Facilities and, where necessary, relocating the Facilities within the Premises.
    2. If we determine that any conditions or circumstances relating to the Content, Facilities or Premises which are necessary or desirable for us to provide the Service to you during the Schedule Appointment have not been met or do not subsist, we shall be entitled (at our discretion) to decline to provide the Service to you during the Scheduled Appointment, require you to pay the applicable cancellation Charges and:
      1. reschedule the Scheduled Appointment; or
      2. cancel your order for the Service and terminate this Agreement.
  8. Changes to Date/Time of Scheduled Appointments
    1. Should you wish to change the date and/or time of your Scheduled Appointment, you must notify us (through our prescribed hotline) of your request for such change at least two (2) hours prior to the Scheduled Appointment.
    2. Our Personnel will use reasonable endeavours to arrive at the Premises at the time of the Scheduled Appointment. However, if necessitated by exigencies, we may at any time prior to the Scheduled Appointment change the date and/or time of any Scheduled Appointment.
  9. Your Representations and Warranties
    1. You represent and warrant that you are:
      1. the lawful owner, or are lawfully in possession and control, of the Facilities; and
      2. the lawful owner or occupier of the Premises
    2. You acknowledge and agree that you are solely responsible for procuring, and warrant that you have procured, all such consents, approvals and licences as may be necessary or desirable for the provision of the Service and Equipment to you including consents, approvals and licences for:
      1. us and our Personnel to access and use the Facilities, and enter and remain on the Premises;
      2. our access to, installation and use of any software to be installed in and/or used with any Facilities and/or Equipment;
      3. the transfer, downloading, reproduction and copying (as the case may be) of your Content onto one or more of your Equipment and/or Facilities, whether your Equipment and Facilities are located within or outside the Premises; and
      4. displaying and accessing your Content on multiple devices (including your Equipment and Facilities) simultaneously or otherwise, within and outside the Premises, in a lawful manner and without infringing anyone's rights including but not limited to their intellectual property and confidentiality rights.
    3. You agree and warrant that you will not use or allow any part of the Content or Service to be used:
      1. to make or attempt any unauthorised access to any part or component of any third party systems or networks to which you can connect through your Equipment or Facilities directly or otherwise;
      2. to disrupt the various networks that are connected to your Equipment or Facilities or violate the regulations, policies or procedures of such networks;
      3. 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 their Content, Equipment or the Service or cause annoyance, harassment, irritation, inconvenience or anxiety to anyone;
      4. 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; or
      5. without prejudice to the generality of the foregoing, for the copying, display, exhibition or public performance of the Content (whether for profit or otherwise) without all such approvals and consents as may be necessary or desirable to ensure non-infringement of third party rights including intellectual property and confidentiality rights.
    4. Without prejudice to the generality of the foregoing, you warrant that we will not, through our provision of the Service to you, infringe or assist you in infringing the rights of any other parties including their intellectual property and confidentiality rights.
    5. You agree and warrant that you have complied with, and will continue to comply with, all applicable laws and instructions, notices or directions issued by all relevant regulatory authorities or us from time to time in respect of the installation, use, operation or upgrade of the Equipment and the provision of Service.
    6. You shall fully indemnify and hold us, our Affiliates, Personnel and directors harmless against any and all liability, claims, costs, damages, or expenses which we may suffer or incur as a result of your breach of any of the warranties in this Clause.
  10. Our Responsibiities
    1. We shall use reasonable skill and care to carry out the works specified in the relevant service agreement/work order/application form.
    2. We will use whatever tools deemed necessary by us to provide the Service and/or install the Equipment, which shall be installed in accordance with the relevant manufacturer's instructions and guidelines.
    3. For the avoidance of doubt:
      1. any defects in or problems with any Equipment or accessories we provide to you (“Faults”) caused by your acts or omissions or the acts or omissions of any third parties (such as any system configuration carried out after our successful installation of the Equipment) shall not be deemed to have resulted directly from our human error in our provision of the Service to you; and
      2. any limitations in the Equipment or incompatibility of the Equipment with any of your Facilities or Content shall not be considered a Fault for the purposes of the Warranty.
    4. Unless specifically agreed in writing, any latent defect in Equipment sold to you by StarHub will be covered under a limited warranty (“Warranty”) of 6 months, commencing from the date of your purchase of the Equipment (“Warranty Period”).
      1. During the Warranty Period, StarHub will, at its option, repair or replace the Equipment provided that the Fault in the Equipment resulted directly from
        1. inherent problems or defects in the Equipment or accessories which existed prior to their being provided to you; or
        2. you had used the Equipment strictly in accordance with the relevant manufacturer's instructions and guidelines; and
        3. you notify us of the Faults through our prescribed channels (including by telephone to our hotline, email to our prescribed email address and through our web-based feedback forms) within the Warranty Period; and
        4. where requested by us, you return any faulty or defective Equipment (including all cables, accessories and software that were supplied together with the Equipment) to us in the original packaging and condition (save for fair wear and tear); and
        5. we shall be entitled to decline to rectify the Faults if any of the conditions set out in Clauses 10.4.1(a) to 10.4.1(d) above are not satisfied.
      2. StarHub will use reasonable endeavours to ensure that the Equipment will be repaired within a reasonable time period. However, StarHub shall not be liable for any delay in repair of the Equipment resulting from matters beyond our reasonable control.
      3. You are required to provide the original proof of purchase of the Equipment from StarHub, in order to make a claim under the Warranty. In the event of a replacement, the replaced Equipment may be a new or reconditioned unit of equal or comparable value to the Equipment.
      4. StarHub shall not be obliged to repair or replace the Equipment where there has been loss or damage to the Equipment arising from or in connection with (i) abuse, tampering, modification and disassembling by any person other than StarHub’s authorised personnel; or (ii) negligence and/or misuse (including accident, improper storage or failure to follow precautions or proper operating instructions stated in the Equipment instruction manual.
      5. After the Warranty Period, any defect in the Equipment will (where relevant) be covered under the relevant manufacturer’s warranty only, and your sole and exclusive remedy for such defects shall be in accordance with the terms of the manufacturer’s warranty. If you make any claim under the manufacturer’s warranty for the Equipment, you must provide the original proof of purchase of the Equipment from StarHub.
    5. We may at our absolute discretion, and subject to your payment of such Charges as we may impose (where the Warranty does not apply), assist you in repairing your Equipment, exchanging your Equipment with or returning your Equipment to the relevant manufacturer or supplier.
  11. Charges and Billing
    1. You are liable to pay such Charges for the Service (including any Equipment we may provide to you) as we may determine from time to time.
    2. You are liable to pay such cancellation Charges as we may impose if, without any default on our part:
      1. we decline, pursuant to Clause (7.2) above, to provide the Service to you during a Scheduled Appointment;
      2. you change the date and/or time of any Scheduled Appointment less than two (2) hours before the Scheduled Appointment;
      3. your order for the Service is cancelled; and/or
      4. this Agreement is terminated.
    3. The Charges shall be in accordance with the rates in our prevailing rate tables available on our website, at our customer service centre, or at our shops, and will be set out in the work order/invoice to be provided by us to you.
    4. Save where expressly otherwise permitted by us, you must pay all Charges in cash (or through such other mode of payment as we may permit) immediately upon our provision of the Service and/or Equipment to you. We may, at our absolute discretion, bill you the Charges through your existing StarHub TV or StarHub Broadband account.
    5. All billing and payment disputes that may be raised by you shall be subject to and dealt with according to our General Terms and Conditions.
  12. Liability
    1. The Service is provided on an "as is" and "as available" basis. We expressly disclaim all warranties of any kind, whether express or implied, including implied warranties of merchantability, satisfactory quality, fitness for any particular purposes 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 Service will create any warranty not expressly set out in this Agreement.
    2. Without prejudice to Clause (12.1) above, we make no warranty:
      1. that the Equipment will be compatible with your Content and Facilities;
      2. that our Personnel will arrive on time. Although we will use reasonable endeavours to arrive on time, arrival will be subject to exigencies;
      3. that the Service and Equipment will not cause any harm or damage to the Facilities or the Premises;
      4. that we will be able to successfully resolve all your technical issues and/or install the Equipment; or
      5. that you will be able to access your Content on multiple platforms or through multiple devices, whether remotely or otherwise.
    3. Subject to the Warranty, we will not under any circumstances be liable for:
      1. our Personnel not arriving at the Premises on time;
      2. any changes to the date and/or time of any Scheduled Appointment;
      3. any losses, damage, costs or expenses you may suffer as a result of or in connection with the Service not being provided to you (whether during a Scheduled Appointment or otherwise), your order for the Service being cancelled and/or this Agreement being terminated;
      4. any losses, damage, costs or expenses you may suffer from your use (or failure to use) any anti-virus software,
      5. any loss, deletion, alteration, or corruption of any of your data, information or Content,
      6. any failure, loss or lack of function, inability to use, incompatibility, inoperability, damage, deterioration or performance degradation in any Equipment, Facilities (including but not limited to your computer and/or its peripherals, television, telephone and any other devices and products) or software howsoever arising, including without limitation, any failure, loss or lack of function, inability to use, incompatibility, inoperability, damage, deterioration or performance degradation resulting from non-compliance with our prescribed technical requirements;
      7. any changes, alterations or damage to your Facilities or Premises (for example, changes or damage to walls, baseboards, floors, ceilings etc) as a result of or in connection with the Service; or
      8. any loss, damage, costs or expenses caused by or as a result of the provision of the Service or the use of the Equipment, even if the above were caused wilfully, recklessly or negligently.
    4. Subject to Clauses (12.1) to (12.3) above and notwithstanding the General Terms and Conditions, if you are dissatisfied with the Service or with any of the terms and conditions of this Agreement, our maximum liability and your sole and exclusive remedy shall be the Charges paid and/or payable by you under this Agreement.
    5. The limitations and exclusions of liability in these Terms and Conditions shall not apply to any liability we may have in respect of any death or personal injury resulting from our negligence
    6. The limitations and exclusions of liability in these Terms and Conditions shall not apply to any liability which cannot be lawfully excluded or restricted under the Unfair Contract Terms Act (Cap. 396).
    7. We may at any time choose not to provide and/or discontinue the provision of the Service to you without any liability to you if:
      1. our ability to provide the Service to you is impaired by you, your failure to cooperate or grant us the necessary access, third parties or circumstances beyond our control; or
      2. we determine that it would be dangerous, unsafe, detrimental, unhealthy or constitute a legal or regulatory violation to do so.
  13. Matters Beyond Our Reasonable Control
    1. We will not be liable for any delay or failure in performance under this Agreement resulting from matters beyond our reasonable control. These include but shall not be limited to acts of God, requirements of any governmental or regulatory authority, war, national emergency, accident, fire, lightning, failure or non-availability of the Facilities, computer software or software malfunction, electrical power failure, faults, interruption or disruption of any network connected to the Facilities or Equipment, riots, strikes, lock-outs, industrial disputes (whether or not involving our employees) or epidemics involving infectious diseases.
    2. Without prejudice to Clause (13.1) above, you agree that your ability to use the Equipment and/or access your Content remotely may be affected by interference caused by objects beyond our control such as buildings, underpasses and weather conditions. We will not be responsible for any suspension, interruption or disruption to your ability to use your Equipment and/or access your Content remotely.
  14. Cancellation of the Service and Termination of this Agreement
    1. Without prejudice to the rights either party may have against the other party under this Agreement for any antecedent breach of this Agreement and subject to the provisions of this Clause, your order for the Service may be cancelled and this Agreement may be terminated in the following manner unless otherwise agreed by you and us:
      1. by you giving us notice of cancellation at least two (2) hours before the Scheduled Appointment; or
      2. by us giving you notice of cancellation at any time before the Scheduled Appointment.
    2. In the event of any of the following:
      1. you breach any of the terms and conditions of this Agreement or any other agreement you have with us;
      2. you become or threaten to become bankrupt or insolvent, or die;
      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;
      4. the equivalent of any of the events referred to in Clauses (14.2.2) and (14.2.3) above under the laws of any relevant jurisdiction occurs to you;
      5. you provide incorrect, false or incomplete information to us;
      6. the requirements of any relevant regulatory authority result in us having to stop providing the Service, or to provide the Service in a manner which is unacceptable to us;
      7. if you are likely to:
        1. 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,
        2. defraud us, or
        3. are likely to create imminent harm or are abusive to our Personnel;
      8. we are unable to provide the Service, we may at any time cancel your order for all or any part of the Service and/or terminate this Agreement by giving you notice of termination, effective immediately, without compensation and without prejudice to our rights to damages for any antecedent breach by you of this Agreement.
    3. If your order for the Service is cancelled and/or this Agreement is terminated, all sums due, accruing due or payable to us in respect of the Service (including any applicable cancellation Charges) shall, upon such cancellation or termination, become immediately due and payable to us.
    4. The cancellation of your order for the Service and/or the termination of this Agreement will not affect any accrued rights or remedies of either party against the other party.
  15. Changing this Agreement
    1. We may from time to time change any of these Terms & Conditions and/or such other terms and conditions as may have been agreed or accepted by you. We may also from time to time withdraw, suspend, or change the Service or any part thereof, including by revising the Charges. Such changes will take effect from such date as we may determine. We will notify you of such changes through written notice, electronic mail, the StarHub website or such other form as we may deem appropriate. You agree that the display of the revised Terms & Conditions on the StarHub website will constitute notice of the changes and your acceptance of the Service provided to you will constitute acceptance of the changes.
    2. For promotional offers of the Service, special terms and conditions may apply and shall be deemed incorporated into these Terms & Conditions. In the event of any inconsistency between the special terms and conditions and these Terms & Conditions, shall be deemed to have been varied in accordance with such inconsistency.