Terms & Conditions - Online Shop and My Account

 

Please read these Terms & Conditions carefully. By accessing the Online Shop and/or My Account ("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
    1. In these Terms & Conditions, unless the context otherwise requires, the following expressions will have the following meanings:
      1. “Agreement”:
        These Terms & Conditions which may be revised by us at any time, without notice and in our absolute discretion.
      2. “Affiliate”:
        Any related or associate company of StarHub Ltd including their successors, assigns, employees and agents.
      3. “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.
      4. “Products”
        Any and all goods (including but not limited to telecommunications equipment) sold or supplied via these Sites.
      5. “Relevant Person"
        Any and all of StarHub, its affiliates and their respective directors, officers, employees, agents and contractors.
      6. "Services”
        Any and all info-communications services or other services supplied by StarHub and/or its affiliates.
      7. “Site”
        Online Shop or My Account.
      8. "Site Services"
        Any and all services provided by the Sites, including but not limited to (in the case of Online Shop) the processing of orders for purchase of Products & subscription of Services and (in the case of My Account) the processing of orders for upgrading or downgrading of Services.
      9. “StarHub”, “we”, “our” or “us”
        StarHub Ltd (Reg. No. 199802208C) or any of its Affiliates and includes their successors, assigns, employees and agents.
  2. Scope of this Agreement and Other Applicable Terms
    1. This Agreement governs your use of Online Shop and/or My Account.
    2. In addition, your use of and payment for Products and/or Services obtained via these Sites are governed by StarHub’s prevailing terms and conditions for such Products and/or Services (including StarHub’s General Terms & Conditions and Service Specific Terms & Conditions).
    3. Your use of eAppointment Services shall be governed.
  3. Ownership and Intellectual Property
    1. We are the owner and proprietor of these Sites and the Services. The Content on these Sites is offered to you by us as part of the Services for limited use subject to the terms and conditions of this Agreement.
    2. The 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.
    3. "Online Shop", “StarHub”, the StarHub logo and all other trademarks, logos and service marks on these Sites are trademarks and service marks belonging to StarHub or its licensors (the "StarHub 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 StarHub Marks or any third party trademarks/logos/service marks is strictly prohibited.
  4. Electronic Communications
    1. 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.
  5. Your Account
    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.
    2. We reserve the right to refuse or change or remove your ID(s). We will notify you of such refusal or removal.
    3. If you discover or suspect that there has been 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. 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 and/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.
    5. When creating your account or providing any information under your account, you must provide accurate and complete information.
    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 Site 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 Site Services). We may also impose limits on the access to and/or use of certain features or portions of your account and/or these Sites (or the Site Services), at any time and without notice or liability.
  6. Product Description and Pricing
    1. We do not warrant that descriptions and pricing of Products & Services offered via these Sites are accurate, complete, reliable, current, or error-free. The descriptions, pricing and availability of Products & 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 anyway for any inaccuracy, errors or discrepancies in relation to any Products & Services offered on these Sites. We reserve the right to reject or cancel any orders resulting from such inaccuracy, errors or discrepancies, without liability.
    2. Without prejudice to the above clause, we cannot confirm the price(s) of any Product or Service offered by us until you order. In the event a Product or Service’s correct price is higher than the stated price on these Sites, we will, at our sole discretion, contact you for instructions before (i) shipping the Product (or as the case may be, delivering the Service), (ii) charging you for the Product or Service at the correct price or (iii) cancelling your order and notifying you of such cancellation.
  7. Contract Formation
    1. This Clause 7 deals with terms and conditions relating to sale of Products & Services by us to you via the Sites.
    2. No contract for purchase of Products (or subscription of Services) will come into existence until your order has been accepted by us. You warrant that you are purchasing the Product or (as the case may be) subscribing to the Services for personal use, and not for any commercial or re-sale purpose.
    3. Online Shop
      1. When you place an order online via Online Shop to purchase a Product and/or subscribe to a Service:
        1. Your order represents an offer to us to purchase the Product and/or to subscribe to the Service;
        2. We may reject your order at our absolute discretion and without assigning any reason; and
        3. (in the case of the Product) your order will be accepted by us when we deliver the Product to you or when you sign the delivery order (which we send you), whichever is the earlier; and b.(in the case of the Service) your order will be accepted by us, when you sign the service agreement which we send you.
    4. My Account
      1. When you place an order online via My Account to upgrade or downgrade an existing Service, your order will be deemed accepted by us unless we notify you that your order has been rejected. We may reject your order at our absolute discretion and without assigning any reason.
      2. In respect of Products or Services provided by a third party supplier, orders for such Products or Services may be subject to acceptance by the supplier. Your order will 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 or failure to provide the Products or Services.
      3. Not withstanding 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.
      4. In no event will StarHub 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 StarHub (or such other Relevant Person) is advised of the possibility of such damages. The foregoing limitation of liability will apply to the fullest extent permitted by law.
  8. Delivery
    1. Unless otherwise specified by us in writing, you are liable to pay for all delivery charges.
    2. We will deliver the Products to the place of delivery designated by you and agreed to by us.
    3. We may, in our absolute discretion, deliver the Products by instalments in any sequence. Where the Products are delivered by instalments, no default or failure by StarHub in respect of any one or more instalments will vitiate the contract for sale in respect of Products already delivered or undelivered Products.
    4. We may, at our absolute discretion, use a third party delivery contractor to deliver the Products to you and that delivery of the Products will be subject to the terms and conditions of contract between us and the delivery contractor.
    5. Any delivery times quoted by us are only estimates and no guarantee or warranty is made by us or our delivery contractor that an order will be delivered with the quoted delivery times. We will not be liable for any delay in delivery of any Products or Services, howsoever caused.
  9. Exchange Policy
    1. You may exchange Products purchased from us in accordance with our prevailing exchange policy. You must contact us directly if you wish to return any Product to us. You must return the Product to us in their original packaging. You are solely responsible for risk of loss, shipping and handling fees for returning or exchanging the Product. If you fail to comply with the prevailing exchange instructions and policies provided by us, we will not be liable for any loss or damage to the Product.
  10. Software
    1. All software purchased from these Sites are subject to the terms and conditions of the licence agreement relating to that software. You must comply with such licence agreement. You also acknowledge and agree that we do not warrant any software under this Agreement. All software is warranted in accordance with the licence agreement which governs its use.
  11. Risk of Loss
    1. The risk of loss for all Products purchased from these Sites will pass to you upon delivery of the Products to you or your authorised representative. Title to those Products, which are software, will remain with the applicable licensor(s) at all times.
  12. No Right To Continued Access or Use
    1. We may add, delete or disable Content or Site Services, and/or add, delete, disable or modify some or all of these Sites, the Content therein and/or the Site 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 Site 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 Site 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 Site Services at any time, without notice and at our absolute discretion.
    2. We may, at any time and without any notice, temporarily suspend these Sites (or any Content therein or Site Services) for operational reasons such as repair, maintenance, upgrade or improvement of these Sites (or the affected Content or Site Services) or because of an emergency. We may also modify these Sites (or any Content or Site Services) in order to keep pace with the prevailing demands and technological developments, at any time, without notice and at our absolute discretion.
  13. Your Responsibilities
    1. You must:
      1. Provide accurate and complete information to us and inform us immediately of any changes in any particulars or information given to us including but not limited to any changes in address and/or contact particulars;
      2. Comply with all instructions, notices or directions issued by us; and
      3. Not use these Sites, any Content therein or any Site Services for any fraudulent, improper or illegal purposes.
  14. Conclusiveness of Records
    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 Site Services are conclusive evidence of the accuracy, completeness and truth of all matters stated therein.
    2. Our decision on all matters relating to these Sites, the Content therein and/or the Site Services will be final and conclusive.
  15. Indemnity
    1. You agree to defend, indemnify and hold harmless StarHub, its affiliates and their directors, officers, employees, agents and contractors, from and against any and all losses, damages, costs (including legal costs), expenses, claims, demands, proceedings and other liabilities arising from:
      1. Your use of and access to these Sites, any Content therein and/or any Site Services; and/or
      2. Your breach of this Agreement. This defence and indemnification obligation will survive this Agreement.
  16. Limitation of Liability
    1. THESE SITES, THE CONTENT THEREIN AND THE SITE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU AGREE THAT YOUR USE OF THESE SITES (OR ANY CONTENT OR SITE SERVICES) WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, STARHUB AND ALL OTHER RELEVANT PERSONS EXPRESSLY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES IN CONNECTION WITH THESE SITES (OR ANY CONTENT OR SITE SERVICES) AND YOUR USE THEREOF, INCLUDING WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. STARHUB MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, USEFULNESS, RELIABILITY, QUALITY, SAFETY OR COMPLETENESS OF THESE SITES’ CONTENT OR THE SITE SERVICES AND SHALL NOT BE LIABLE IN CONTRACT, TORT, NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY, STATUTE OR OTHERWISE FOR (I) ANY ERRORS, MISTAKES, OR INACCURACIES OF ANY CONTENT OR SITE 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 SITE SERVICES, (III) ANY UNAUTHORISED ACCESS TO OR USE OF STARHUB’S 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 SITE 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, EVEN IF THE FOREGOING (LISTED IN PARAGRAPHS (I) TO (VII)) WERE CAUSED BY STARHUB'S WILFUL, RECKLESS OR NEGLIGENT ACT, OMISSION AND/OR DELAY. STARHUB DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME ANY LIABILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THESE SITES OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND STARHUB 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.
    2. WITHOUT PREJUDICE TO CLAUSES 7.6 AND 16.1, IN NO EVENT WILL STARHUB OR ANY OTHER RELEVANT PERSON BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSSES, COSTS OR EXPENSES WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY, STATUTE OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT STARHUB (OR SUCH OTHER RELEVANT PERSON) IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, COSTS OR EXPENSES, EVEN IF SUCH DAMAGES, LOSSES, COSTS OR EXPENSES WERE CAUSED WILFULLY, RECKLESSLY OR NEGLIGENTLY. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
    3. WITHOUT PREJUDICE TO CLAUSES 16.1 AND 16.2, IF YOU ARE DISSATISFIED WITH THESE SITES (OR ANY CONTENT OR SITE SERVICES) OR ANY OF THESE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR ACCESS AND USE OF THE SAME.
    4. 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 16.1 TO 16.3, THEN THE MAXIMUM LIABILITY WE AND/OR SUCH OTHER RELEVANT PERSONS WILL BE LIABLE TO YOU AND ANYONE ELSE (WHETHER IN CONTRACT, TORT, NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY OR STATUTE OR OTHERWISE) IS EITHER THE REPLACEMENT OF THE PRODUCT FOR WHICH YOU HAVE PAID BUT ARE UNABLE TO USE OR THE REFUND OF THE PURCHASE/SUBSCRIPTION PRICE WHICH YOU HAVE PAID FOR THE PRODUCT OR SERVICE, WHICH WILL BE AT OUR ABSOLUTE DISCRETION.
  17. Matters beyond Our Control
    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.
    2. Without prejudice to Clause 17.1, 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.
  18. Non-waiver
    1. 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.
  19. Assignment
    1. 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 StarHub without restriction.
  20. Notices
    1. Without prejudice to Clause 4, notices by us to you may also be sent by post, fax or email to your contact details in our records
    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 StarHub and its affiliates and/or any products or services, from time to time unless you notify us otherwise.
  21. Amendment of this Agreement
    1. We reserve the right to amend the terms and conditions of this Agreement from time to time. We will notify you of such changes through written notice, electronic mail, our bill, our website, or such other form as we may deem appropriate. You agree that the display of the revised terms and conditions on our website will constitute notice of the changes. Your continued use of these Sites (or any Content therein or Site Services) will constitue acceptance of the changes and this Agreement.
  22. Entire Agreement, Severability and No Third Party Right
    1. This Agreement contains the whole agreement between you and StarHub with respect to the subject matter here in and there are no agreements, understandings, promises, conditions or terms, oral or written, express or implied, including those you may issue, concerning the subject matter herein which are not merged into this Agreement and superseded thereby.
    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.
    3. StarHub’s affiliates may enforce this Agreement against you. Save as aforesaid, a third party has no right to enforce these Terms & Conditions pursuant to the Contracts (Rights of Third Parties) Act and the consent of any third party (including StarHub’s affiliates) is not required for the variation, rescission or termination of this Agreement.
  23. Applicable Laws
    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.