Terms & Conditions - Access and Use of StarHub’s Website and StarHub’s Online Services
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY - BY VIEWING ANY OF STARHUB'S WEBSITES AND/OR USING ANY OF STARHUB'S ONLINE SERVICES, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS ("TERMS"). IF YOU DO NOT ACCEPT ANY OF THESE TERMS, PLEASE DISCONTINUE YOUR ACCESS TO STARHUB’S WEBSITES AND ONLINE SERVICES. WE MAY AT ANY TIME REVISE THESE TERMS BY UPDATING THIS VERSION. BY USING STARHUB'S WEBSITES OR ONLINE SERVICES, YOU AGREE TO BE BOUND BY ANY SUCH REVISIONS. PLEASE THEREFORE VISIT THIS WEB PAGE PERDIODICALLY TO DETERMINE ANY CHANGES TO THESE TERMS.
1. Copyright and Trademark Notices
1.1 Unless otherwise expressly stated, all copyrights, trademarks, tradenames, logos, service marks and other intellectual property or proprietary rights in the Content on StarHub's websites or which may be accessed through StarHub’s online services are the property of StarHub Ltd (“StarHub”), its Affiliates and/or third party licensors. You may view and use this Content for personal and non-commercial purposes only. This Content may not be reproduced, distributed, transmitted, published, displayed, broadcast, stored, adapted, licensed, altered, hyperlinked or otherwise used in any manner or by any means without StarHub's prior written consent. You may not, without StarHub's prior written consent, insert a hyperlink to StarHub's websites (or any part thereof) on any other website or “mirror” or frame any Content contained on StarHub's websites on any other server or website.
1.2 No license or right is granted to you, and your access to StarHub's websites and/or use of StarHub's online services, should not be construed as granting, by implication, estoppel or otherwise, any license or right to use the trademarks, tradenames, logos or service marks appearing on such websites without StarHub's prior written consent. You may not, without StarHub's prior written consent, use any of such trademarks, tradenames, logos or service marks as a hyperlink to any StarHub's website or any other website.
2.1 All Content contained in or accessed through StarHub's websites and/or online Services are provided on an "as is" and “as available” basis and you agree that you use them at your sole risk. We expressly disclaim all warranties of any kind, whether express or implied, including implied warranties of merchantability, satisfactory quality, fitness for a particular purpose and non-infringement, to the fullest extent allowed by law.
2.2 Without prejudice to the foregoing, we make no warranty as to the accuracy, reliability or quality of any Content obtained from StarHub's websites and/or through StarHub’s online Services or that any defects therein will be corrected and that such Content and access to them are error free and uninterrupted or available at all times.
3. Content, Products and Services
3.1 You agree that:
3.1.1 all Content, products or services transmitted or made available via StarHub's websites and/or online Services, are the sole responsibility of the person from which such Content, products or services originated;
3.1.2 StarHub and its Affiliates will not be liable in any way for any third party Content, products or services which you may access, use or acquire via StarHub's websites and/or online Services;
3.1.3 you are solely responsible for all Content, products or services that you transmit or make available via StarHub's websites, online Services or on any website;
3.1.4 StarHub and its Affiliates do not control any third party Content, products or services which you may access, use or acquire through StarHub's websites and/or online Services. Further, StarHub and its Affiliates do not endorse, guarantee or assume any liability for the delivery, performance, accuracy, reliability, integrity, legality or quality of such Content, products or services;
3.1.5 by using StarHub's websites and/or online services, you may be exposed to third party Content, products or services that may be defamatory, offensive, indecent, objectionable or illegal;
3.1.6 StarHub may, at its discretion and without notice to you, refuse, remove, modify or deny access to any Content, products or services which you transmit or make available via StarHub's websites and/or online Services or on any website, including without limitation such Content, products or services that may be or are alleged to be defamatory, offensive, indecent, objectionable or illegal or may have infringed any party's intellectual property rights. We shall not be responsible for determining the validity of any allegations in this regard;
3.1.7 StarHub may, at its discretion, deny access to or remove any third party Content, products or services that may be defamatory, offensive, indecent, objectionable or illegal or may have infringed any party's intellectual property rights, without notice to you; and
3.1.8 without prejudice to paragraph 3.1.7 above, StarHub may, at its discretion, refuse, remove, modify, deny access to, suspend or terminate any third party Content, products or services which you may access, use or acquire via StarHub's websites and/or online services, without notice to you,
and StarHub and its Affiliates will not be liable to you or any third party under this Clause 3.1.
3.2 Without prejudice to the foregoing, StarHub's websites may include hyperlinks to websites which are owned or operated by third parties. Such third party websites are not under our control. StarHub and its Affiliates cannot accept responsibility for the Content of or the consequences of accessing any such third party websites or any link contained in such websites. The hyperlinks found in StarHub's websites shall not be construed as an endorsement or verification of such third party websites or the Content found therein by StarHub and its Affiliates. You agree that your access to and/or use of such third party websites is at your sole risk and subject to the terms and conditions of access and/or use of such third party websites.
3.3 UNDER NO CIRCUMSTANCES WILL STARHUB OR ANY OF ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CLAIMS, DAMAGES, LOSSES, EXPENSES, COSTS OR LIABILITIES (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS OR LOSS OF OPPORTUNITY) ARISING FROM YOUR ACCESS AND/OR USE OF ANY OF STARHUB'S WEBSITES OR ONLINE SERVICES, EVEN IF STARHUB OR ANY OF ITS AFFILIATES HAS BEEN INFORMED ABOUT THE POSSIBILITY OF SUCH DAMAGES.
4. Your Responsibilities
4.1 You are responsible for your use of StarHub’s websites and online Services under your account(s) and for any Content disseminated through your account(s).
4.2 You are required to:-
4.2.1 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;
4.2.2 comply with all applicable laws, rules and regulations and any requirements or restrictions which we may impose on the use of StarHub’s websites and online Services;
4.2.3 comply with all instructions, notices or directions issued by us; and
4.2.4 take all reasonable steps to prevent fraudulent, improper or illegal use of StarHub’s websites and online Services.
4.3 You must not use or allow any part of StarHub’s websites or online Services to be used:-
4.3.1 to transmit, post or solicit any Content which may be misleading, 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), bulk messages or distributing mail to any party who has not given permission to be included in the distribution. Spam emails do not have to be sent from your account or our Network to violate these Terms. Emails sent by or through a third party that advertises or otherwise directs traffic or links to your website or your account shall be deemed as being sent directly by you. StarHub requires that you maintain a "Confirmed Opt-In" mailing list, and may require you to provide verifiable confirmation information in cases where spamming is alleged;
4.3.2 to forge or misrepresent message headers, whether in whole or in part, to mask the originator of the message or employing any other method to disguise or mislead any user name or the source or quantity of the emails transmitted;
4.3.3 to transmit, post or solicit any Content which may give rise to civil liability or otherwise violate any applicable laws, rules or regulations;
4.3.4 to advertise, transmit, store, post, display or otherwise make available pornographic materials;
4.3.5 to advertise, transmit, post, facilitate or solicit any Content, product or service that contains viruses, worms, trojan horses, time bombs, cancelbots or any other harmful, damaging or destructive programmes;
4.3.6 to make or attempt any illegal or unauthorised access to any part or component of StarHub’s websites and online Services, the Network or any third party equipment, accounts, systems or networks to which you can connect through the website directly or otherwise; or to carry out or attempt any activity that might be used as a precursor to an attempted system penetration (i.e. port, stealth, security or penetration scans or other information gathering activity) on StarHub or its Service Providers’ servers or network;
4.3.7 to disrupt or undermine the security of the various networks and systems that are connected to StarHub’s websites or online Services, or violate the regulations, policies or procedures of such networks. This can include any failure to update software used on your account or website that is known to be vulnerable to malicious activity or exploitation;
4.3.8 to collect and/or disseminate information about others or their email addresses without their consent;
4.3.9 for any fraudulent, illegal or improper purposes or activities or to violate anybody's rights or in any way which may affect other users' enjoyment of or access to StarHub’s websites or online Services or cause annoyance, harassment, irritation, inconvenience or anxiety to anyone, including advertising, facilitating, soliciting or otherwise engaging in ponzi schemes, pyramid schemes, denial of service attacks, pinging and mailbombing, fraudulently charging credit cards or pirating software;
4.3.10 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, confidentiality, privacy or other personal rights;
4.3.11 to be resold or otherwise provided to third parties without our prior written consent, whether for profit or not;
4.3.12 to advertise, transmit, facilitate or otherwise make available any Content, product or service that is designed to breach these Terms; and
4.3.13 to engage in any activity, whether lawful or unlawful, that we determine, in our sole discretion, to be harmful to our customers, operations, reputation, goodwill or customer relations.
4.4 You must not use or allow any part of StarHub’s websites or online Services to be used for any activity which would or is likely to:-
4.4.1 generate Network traffic in excess of reasonable and normal usage;
4.4.2 cause congestion to the Network;
4.4.3 cause a situation whereby other users are affected in their enjoyment and/or use of StarHub’s websites or online Services; and/or
4.4.4 cause any disruption, interference, interruption or degradation in the Network, StarHub’s websites, the online Services or any other Services that we operate over the Network.
You acknowledge and agree that the restrictions contained in this Clause 4.4 are considered reasonable and necessary for the operation, management and maintenance of the Network. Nevertheless, if any of the restrictions, if taken together or separately, are held to be void or invalid for any reason, but would be held to be valid or effective if any part of its wording were deleted, that restriction shall apply with such deletions or amendments as may be necessary to make it valid and effective.
5. Secure Transactions
5.1 You acknowledge that some services offered on StarHub's websites are provided via a secure server. All orders placed and information provided by you are provided to us via the secure server software (“SSL”). The SSL encrypts all information provided by you before they are sent to us.
5.2 By clicking on the "Submit", "I Accept" or similar buttons, you indicate your acceptance and confirmation of your order(s) and information provided to us and you shall be liable for any payment, if any, incurred by you arising out of such order(s) or information.
5.3 Notwithstanding the above, the security of your account, equipment, network and systems, including any Content stored, sent or received through these mediums, is ultimately your own responsibility. We cannot guarantee the safety and security of any transmission.
5.4 You must ensure the security and secrecy of your login identification, passwords, PINs or email or other accounts given to, chosen by or owned by you. You must ensure that these are not revealed to any third party. You are solely responsible for all activities that occur under your login identification, password(s), PIN and/or your accounts, whether such activities were carried out with your consent and/or knowledge or otherwise. Use of any login identification, password or PIN deemed by us, in our sole discretion, to be insecure shall be a breach of these Terms.
5.5 We reserve the right to refuse, change or remove login identification, password(s) or PIN which we deem inappropriate or offensive.
5.6 If you discover or suspect any unauthorised use or disclosure of your login identification, password(s) and/or PIN or that your account security has been compromised, you must immediately:-
5.6.1 inform us; and
5.6.2 change your password(s) and/or PIN.
5.7 You are advised to change your password(s), PIN or any other security identification regularly to protect your own security.
6. Data Use and Privacy
6.2 We will not intentionally monitor any electronic messages sent or received by you unless required to do so by law, governmental authority or with your consent. We may, however, monitor our service electronically to determine that our Services and Network are operating satisfactorily. We will not intentionally disclose your online communications or activities, including but not limited to, your account information, a transmission made using our Network or website, except to comply with a court order, subpoena, statute, regulation, or governmental requests, where necessary to protect us and others from harm, or where necessary for the proper operation of our Services and Network.
7. Breach of Terms and Termination
7.1 StarHub may, in its sole discretion and without notice to you, restrict, suspend or terminate your account or your access to StarHub’s websites and/or the online Services.
7.2 We will determine, in our sole discretion, on a case-by-case basis, the steps which are necessary to address any breach of these Terms. Such steps include investigating any suspected or alleged breach of these Terms, including obtaining information from you, any complainant and the examination of Content on StarHub's server. Nothing contained in these Terms shall be construed to limit our actions or remedies in any matter and we reserve at all times all rights and remedies available to us at law.
8.1 You agree to indemnify us, our Affiliates, Service Providers, employees, directors and agents in full against all claims, damages, losses, liabilities, expenses, demands, actions, penalties and costs, arising out of or in connection with your access or use of StarHub’s website or online Services, your negligence, or any omission, act or breach by you of these Terms.
9. Limitation of Liability and Waiver
9.1 Except as set out in these Terms, we expressly exclude all other liability we may have to you, including all liability in contract, tort, negligence, misrepresentation, strict liability or statute. This exclusion applies for the benefit of us, our Affiliates, Service Providers, and our, our Affiliates’ and Service Providers’ officers, employees, contractors and agents or anyone else to whom we or these parties are responsible ("the Relevant Parties") and whether it relates to anything caused by or resulting from anything any Relevant Party does or omits to do or delays in doing (even if done, omitted or delayed wilfully, recklessly or negligently), whether or not it is contemplated or authorised by any agreement you have with us.
9.2 Under no circumstances will any Relevant Party be liable for any special, incidental, indirect, consequential or punitive damages, losses, costs or expenses, even if such damages, losses, costs or expenses were caused wilfully, recklessly or negligently.
9.3 Without prejudice to the foregoing, any Relevant Party shall not be liable for any damages, losses, costs or expenses of any nature suffered by you or any third party resulting in whole or in part from the exercise of our rights under these Terms. By accessing StarHub’s website and using the online Services, you agree to waive and hold us and any other Relevant Party harmless from any claims relating to any action taken by us or any Relevant Party including the conduct of an investigation, issuance of a warning, refusal, removal, modification or denial of access to Content, products or services, suspending or terminating StarHub’s website or online Services, or other appropriate action in relation to any suspected or alleged breach of these Terms.
10. Governing Law
By assessing StarHub's websites and online Services, you agree that such access and/or use, as well as these Terms shall be governed by, and construed in accordance with Singapore laws and you agree to submit to the exclusive jurisdiction of the Singapore courts.
11. General Terms
11.1 No failure or delay by StarHub or its Affiliates to exercise or enforce any of its rights under these Terms 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 the Terms.
11.2 The use of StarHub's services is also subject to StarHub's Terms & Conditions (found at www.starhub.com) and such other terms and conditions as may be agreed or accepted by you (collectively, “StarHub Terms and Conditions”). If there is any conflict or inconsistency between any of StarHub Terms & Conditions and any of these Terms, such conflict or inconsistency will be resolved in a manner most favourable to StarHub and its Affiliates. However, if such conflict or inconsistency cannot be so resolved, StarHub's Terms & Conditions will prevail over these Terms.
11.3 StarHub respects the intellectual property rights and privacy of others. If you believe that that your intellectual property rights have been violated or you have any queries regarding these Terms, please write to us at:
(Reg. No. 199802208C)
67 Ubi Avenue 1
#05-01 StarHub Green
Attn: The Legal Department
What these words mean in this Agreement
any related or associate company of StarHub Ltd including their successors, assigns, employees and agents.
all information, text, sound, music, Software, photographs, videos, graphics, data, messages, links or other materials.
all networks owned, maintained or operated by, and/or leased/licensed to us (including our nation-wide broadband network based on the hybrid fibre co-axial design which includes but is not limited to the distribution box in or serving the Premises) through which we provide the Services to you.
personal identification number.
any info-communications services, any other services (including, where appropriate, the cabling, construction and connection service in order that you may access the Services), products or applications which we provide to you including any value-added features.
any third party service provider involved in providing StarHub’s website, online Services or other Services to you, including without limitation any network operator or telecommunication service provider.
any software programmes provided to you as part of or through the Equipment or Services, or which allow you to access or use the Services, including any software upgrades or updates.
"us" or "we" or "our"
StarHub Ltd or any of its Affiliates and includes their successors, assigns, employees and agents.
"you" or "your"
the person who uses or intends to use the Services (including his or its successors and permitted assigns) and anyone appearing to us to be acting with that person's authority or permission.