Definitions

In this Section:

“Customer” means a StarHub postpaid and prepaid customer;

“Geo-Fence” is a pre-defined virtual boundary on a geographic area determined by a reference to a postal code, which range/radius could span between a few hundred meters to a few kilometers;

“Instant Locator Service” means the service provided by StarHub Mobile where a Customer is able to request the location information of another Customer on an ad-hoc basis;

“My Locator Subscription Service” means the service provided by StarHub Mobile where a Customer is able to (a) permanently track the location of another Customer and/or (b) set a Geo-Fence on another Customer;

“Service” means the service known as “My Locator” provided by StarHub Mobile comprising the Instant Locator Service and the My Locator Subscription Service;

“StarHub Group” means StarHub Ltd and its related or associated companies, including their respective successors, assigns, employees and agents;

“StarHub Mobile” means StarHub Mobile Pte Ltd (Reg. No. 200000646C);

“Trackee” means a Customer who a Tracker wishes to locate / permanently track / subject to a Geo-Fence; and

“Tracker” means a Customer who subscribes to the Instant Locator Service and/or the My Locator Subscription Service.

Eligibility

The Service is available to all Customers, provided that at the time of subscription to the Service, the relevant Customer must not have any outstanding accounts with us that are due and owing to us.

Instant Locator Service

3.1        If a Tracker wishes to locate a Trackee via the Instant Locator Service, the Tracker shall send a SMS containing the message “FIND ” to shortcode 6060. Subsequently, an SMS will be sent to the said mobile number of the Trackee to authenticate the request, containing the options “YES”, “NO” or “HIDE” for selection by the Trackee. The Trackee shall exercise such option by replying his/her response to such SMS.

3.2        If the Trackee gives his/her consent to having information on his/her location provided to the Tracker by replying “YES” to a SMS received by him/her pursuant to Clause 3.1 above, a SMS containing (a) information on the location of the Trackee and (b) a link to download the map image of such location, will be sent to the Tracker. Such location information given is an approximate one; accurate to between a few hundred meters to a few kilometers and varies from place to place depending on the location, altitude,  movement of the Trackee and his/her handset features. We in no way warrant the accuracy of any location delivered via the Instant Locator Service.

3.3        The Trackee’s consent to a request by the Tracker in accordance with Clause 3.1 is given on a one-time basis. Each time that the Tracker wishes to locate the Trackee, the Tracker would have to repeat the process set out in Clause 3.1 and obtain the Trackee’s consent to such request.

3.4        If the Trackee does not give his/her consent to having information on his/her location provided to the Tracker by replying “NO” to a SMS received by him/her pursuant to Clause 3.1 above, a SMS will be sent to the Tracker to that effect.

3.5        If the Trackee replies “HIDE” to a SMS received by him/her pursuant to Clause 3.1 above, a SMS will be sent to the Tracker to that effect. The Trackee will be able to subsequently “Unhide” from the Tracker by sending a SMS containing the message “UNHIDE <Mobile Number of Tracker>” to shortcode 6060.

3.6        The Tracker acknowledges and agrees that each SMS sent to the Trackee in accordance with Clause 3.1 above will lapse after 15 minutes from the time such SMS was sent, should there be no reply to such SMS from the Trackee. In such event, a SMS will be sent to the Tracker containing the message that the Trackee did not respond to the Tracker’s request.

3.7        The Tracker will be charged for each SMS sent by him/her whilst using the Instant Locator Service, in accordance with his/her applicable subscription plans. The Trackee will not be charged for responding to any SMS received by him/her pursuant to Clause 3.1, but the Trackee will be charged for each SMS sent by him/her containing the message “UNHIDE <Mobile Number of Tracker>” to shortcode 6060, in accordance with his/her applicable subscription plans.

4.3        If the Trackee gives his/her consent to be permanently tracked by the Tracker in accordance with Clause 4.2 above, the Tracker may, in addition, set up to three (3) Geo-Fences on such Trackee via the My Locator Subscription Service. To do so, the Tracker shall send a SMS containing the message “FENCE <Mobile Number of Trackee> <Postal Code>” to shortcode 6060 in respect of each Geo-Fence. Thereafter, the Tracker will be notified via SMS to his/her mobile phone (“Geo-Fence Alerts”) if the Trackee moves in or out of the Geo-Fence(s). The Trackee shall be deemed to have given his/her consent to having Geo-Fence(s) set on him/her by the Tracker if he/she gives his/her consent to be permanently tracked by the Tracker in accordance with Clause 4.2 above.

4.4        The Tracker may permanently track a maximum of three (3) Trackees and for each such Trackee, the Tracker may set a maximum of three (3) Geo Fences.

4.5        Location information given pursuant to Clause 4.2 above and Geo-Fence Alerts are an approximate one; accurate to between a few hundred meters to a few kilometers and varies from place to place depending on the location, altitude, movement of the Trackee and his/her handset features. We in no way warrant the accuracy of any location information or Geo-Fence Alerts delivered via the My Locator Subscription Service.

4.6        The Tracker acknowledges and agrees that Geo-Fence Alerts may be delayed up to 15 minutes from the time the Trackee moved in or out of the Geo-Fence.

4.7        If the Trackee does not give his/her consent to being permanently tracked by replying “N” to a SMS received by him/her pursuant to Clause 4.1 above, a SMS will be sent to the Tracker to that effect. For the avoidance of doubt, if the the Trackee does not give his/her consent to being permanently tracked as aforesaid, the Tracker shall not be able to subject the Trackee to a Geo-Fence.

4.5        If the Trackee replies “H” to a SMS received by him/her pursuant to Clause 4.1 above, a SMS will be sent to the Tracker to that effect. Thereafter, no further request from the Tracker to permanently track or set a Geo-Fence on the Trackee will be sent to the Trackee. The Trackee will be able to subsequently “Unhide” from the Tracker by sending a SMS containing the message “UNHIDE <Mobile Number of Tracker>” to shortcode 6060.

4.6        The Tracker acknowledges and agrees that each SMS sent to the Trackee in accordance with Clause 4.1 above will lapse after 24 hours from the time such SMS was sent, should there be no reply to such SMS from the Trackee. In such event, a SMS will be sent to the Tracker containing the message that the Trackee did not respond to the Tracker’s request.

4.7        The Tracker shall be liable to pay a recurring subscription fee for using the My Locator Subscription Service at the prescribed rates. The subscription fee is on a per Trackee basis. Where the Tracker is a StarHub postpaid customer, the Tracker will be billed in advance for the subscription fee at monthly intervals or such other intervals as we may determine, according to our billing cycle. Where the Tracker is a StarHub prepaid customer, the subscription fee for the entire billing cycle will be deducted from the Tracker’s prepaid account at the start of such billing cycle. The subscription fee shall not be pro-rated if we or the Tracker terminate or discontinue the Tracker’s use of the My Locator Subscription Service in the middle of our billing cycle. The Tracker’s subscription to the My Locator Subscription Service shall be automatically renewed unless the Tracker terminates or discontinues such service in accordance with Clause 4.9.

4.8        Where the Tracker is a StarHub postpaid customer, the Tracker will be subject to a standard late payment fee if payment of any subscription fee is not made by the relevant due date. In such event, and also in the event that the Tracker is a StarHub prepaid customer and we are not able to deduct the relevant subscription fee from the Trackee’s prepaid account at the start of any billing cycle, we may also immediately suspend the provision of the existing My Locator Subscription Service to, and reject new requests to be provided the My Locator Subscription Service by, the defaulting Tracker. If such payment default and resulting suspension continues for a period of up to one month, we shall be entitled to terminate the provision of the existing My Locator Subscription Service to the defaulting Tracker. If the Tracker rectifies the default within one month from the time it occurred, the Tracker may request the existing My Locator Subscription Service to resume by sending a SMS containing the message “RESUME <Mobile Number of Trackee>” to shortcode 6060. StarHub may determine in its discretion whether such request is valid and act accordingly.

4.9        A Tracker may terminate or discontinue the My Locator Subscription Service in relation to a particular Trackee by sending a SMS containing the message “UNSUB <Mobile Number of Trackee>” to shortcode 6060, whereupon the service shall terminate or discontinue in relation to such Trackee at the end of the billing cycle during which such SMS was sent.

4.10      If we or the Tracker terminate the My Locator Subscription Service in relation to a particular Trackee in accordance with these Terms and Conditions, the Tracker would be required to repeat the process set out in Clause 4.1 above if the Tracker wishes to track the same Trackee again.

4.11      We will notify the Tracker via SMS if we terminate the My Locator Subscription Service in relation to a particular Trackee.

4.12      The Tracker is able to view a list of his/her Trackees who are on the My Locator Subscription Service by sending a SMS containing the message “LIST” to shortcode 6060.

4.13      The Trackee is able to:

(a)        view a list of the Tracker(s) who are permanently tracking him/her and/or have set a Geo-Fence on him/her, by sending a SMS containing the message “LIST” to shortcode 6060; and

(b)        view a list of the Tracker(s) who requested to permanently track him/her and/or to set a Geo-Fence on him/her but to whom he/she had responded “HIDE”, by sending a SMS containing the message “HIDE LIST” to shortcode 6060

4.14      The Tracker and the Trackee shall be charged for each SMS sent respectively by them whilst using the Kids Locator Service in accordance with his/her applicable subscription plans.

(a) The Service is dependent on network availability and coverage. Accordingly, we would not be able to provide a Trackee’s location information to a Tracker if the Trackee’s handset is switched off or is in an out of coverage area or when roaming outside of Singapore. We may also not be able to provide a Trackee’s location information to a Tracker in case of heavy network traffic or during scheduled maintenance period. StarHub will not be responsible for any delay in the transmission of any SMS as a result of network congestion and/or other service providers’ network congestion and/or inadequacies.

(b) Although we will use reasonable efforts to ensure that the Service will only be used to locate a consenting Trackee, we cannot and will not review and/or monitor each usage of the Service on a case-by-case basis.

(c) The Tracker has to ensure that the Trackee is the intended party he/she wished to locate.

(d) All Trackers and Trackees are required to have a valid StarHub postpaid or prepaid subscription.

(e) We do not in any way warrant to having any control and/or knowledge over the relationship of the Tracker and the Trackee and/or the validity of any consent given by a Trackee.

6.1        If the Trackee gives his/her consent to being tracked pursuant to the Instant Locator Service or the My Locator Subscription Service, the Trackee shall be deemed to have given such consent with his/her full knowledge and understanding and the Trackee shall be solely responsible for sharing his/her location information with the Tracker.

6.2        Trackee shall ensure that he/she only grants consent to being tracked to intended parties and he/she is fully responsible for any permission granted. We shall not be held responsible under any circumstance for any information disclosed by us to the Tracker pursuant to the Service.

6.3        If the Trackee is under 18 years of age, the Trackee acknowledges and agrees that parental consent is required before the Trackee may grant consent to being tracked pursuant to the Service. We shall be entitled to deem that such parental consent has been given to the Trackee once the Trackee grants consent to being tracked.

6.4        Data charges shall apply and shall be borne by the Tracker and/or Trackee in the event of any downloading of maps or other activities that require GPRS connectivity, unless otherwise stated.

6.5        In the case where the Trackee is being tracked pursuant to the My Locator Subscription Service, the Trackee acknowledges and agrees that:

(a)        after the Trackee grants his/her consent in accordance with Clause 4.2 above, the Tracker will be able to obtain the Trackee’s location information and/or Geo-Fence Alerts at any time without notice to the Trackee, unless we or the Tracker terminate or discontinue the my Locator Subscription Service in relation to such Trackee;

(b)        the Trackee’s consent is permanent, and only the Tracker has the ability to deactivate the tracking of the Trackee; and

(c)        the Trackee who has consented to being tracked is then not able to block him or herself from being tracked, unless and until the Trackee registers a valid complaint with StarHub’s customer care service. We will consider the validity of any such complaint on a case by case basis. We may terminate the My Locator Subscription Service in relation to a particular Trackee following a complaint by such Trackee if StarHub deems it appropriate in its discretion.  

6.6        By granting consent to being tracked, the Trackee agrees that he/she is bound by the terms and conditions herein contained.

7.1        The Service is provided on an "as is" and "as available" basis and the Tracker agrees and accepts that he/she uses the Service or rely on any information obtained through the Service at his/her 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. No advice or information whether oral or written, obtained by the Tracker from us or through the Service will create any warranty not expressly set out in the terms and conditions herein.

7.2        If the Tracker is dissatisfied with the Service or with any of the terms and conditions herein, the Tracker’s sole and exclusive remedy is to discontinue accessing and using the Service.

7.3        The Tracker and the Trackee acknowledge and agree that we shall not be liable to the Tracker, the Trackee or any other third party for any loss, liability, costs and/or damage whatsoever (whether direct, indirect or consequential) in respect of any matter howsoever arising (whether in tort, negligence or otherwise) in connection with the provision and/or use of the Service, notwithstanding the fact that we have been notified of the possibility of such loss, liability, costs and/or damages.

8.1        StarHub's Terms & Conditions (including General Terms & Conditions and Service Specific Terms & Conditions for Mobile) apply. For a complete list of such terms and conditions, please refer to www.starhub.com.

8.2        We reserve the right at its absolute discretion to discontinue and/or suspend the Service without any liability whatsoever to the Tracker and/or the Trackee.

8.3        We reserve the right to amend revise the terms and conditions herein at any time without prior notice. The Tracker’s continued use of the Service will constitute acceptance of the terms and conditions herein and any amendments thereto.

8.4        We reserve the right to revise the pricing of the My Locator Subscription Service from time to time without prior notification to the Tracker and the Trackee. Any changes in such pricing shall be updated in the relevant service webpage at www.starhub.com.