Terms & Conditions - IPTV Service

 

  1. Definitions
    1. In this Section:
      1. "Charges" refers to all activation/connection, disconnection, reconnection, subscription, installation, service call and administrative charges and other fees and charges to be paid by you for or relating to the Service or the Equipment. The Charges will be in accordance with the rates in our prevailing rate tables available on our website or at our customer service centre;
      2. "Equipment" refers to the set-top box (IPTV set-top box), remote control and related accessories provided by us under this Agreement and which you use to obtain or access the Services;
      3. "HD" means high definition format;
      4. "Network" means all networks owned, maintained or operated by, and/or leased/licensed to us (including our nation-wide broadband network based on the optical fibre design which includes but is not limited to the fibre termination box in or serving the Premises) through which we provide the Service to you;
      5. "IPTV" means Internet Protocol Television (IPTV) pay TV service;
      6. "Premises" means the property or individual unit (in a multi-unit or multi-storey building/apartment block) bearing the Service Address, which is owned or occupied by you and connected to the Network;
      7. "Service" means IPTV and any other services or products (including the cabling, construction and connection service) in order that you may access the Service which we provide to you through the Network;
      8. "Service Address" refers to the address of the Premises at which we agree to provide the Service;
      9. "Unauthorised Acts" refers to any tampering, modification, removal, destruction and/or damage of or to the Network, unauthorized connection to the Network, including without limitation such connections that cause interruption, disruption, congestion in and to the Network or any third party's networks or systems, or use of the Network for a purpose other than that of reception of the Service according to the applicable terms governing the use of the Service;
      10. "Works" means all works (including road surface opening, digging, cabling, installation of equipment and/or such works as may be specified by us or otherwise) to be performed by us for the purpose of enabling the Premises to be connected to the Network; and
      11. "you" or "your" refers to the person or entity who uses or intends to use the Network (including his/her/their successors and permitted assigns) and anyone appearing to us to be acting with that person's or entity's authority or permission.
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  3. Eligibility for Service
    1. Unless otherwise permitted by us in writing, the Service is only available to commercial customers for commercial use.
    2. To be eligible, customers must be a business entity with a registered Business Registration Number (BRN).
    3. At the time of application, you must not have any outstanding accounts with us that are due and owing to us.
    4. Unless otherwise permitted by us in writing, the Service is only available at commercial Premises. Subject to paragraphs 2.5 to 2.9 below, the Service shall be delivered via fibre broadband network, provided that the Premises must first be connected to the Network. Without prejudice to the foregoing, the Service is only available at such Premises.
    5. You acknowledge and agree that availability of the Service is subject to:
      1. availability of resources, including but not limited to, availability of a suitable network infrastructure at the time at which the Service is requested or delivered; and
      2. geographical coverage and technical capacity of our Network and of our delivery systems at the time at which the Service is requested or delivered.
    6. Where the Service is delivered via IPTV:
      1. uou must procure, install and maintain all facilities and equipment (including but not limited to the antennae, wiring and cable points) which are necessary or desirable for the reception of the programming signals;
      2. you must procure and maintain all consents, licences, permits and/or rights which are necessary or desirable for the installation and maintenance of such facilities and equipment, and the reception of the programming signals;
      3. you must liaise with and procure the relevant management corporation or building/apartment block owner to procure, install and/or maintain the facilities, equipment consents, licences, permits and/or rights referred to in paragraphs 2.6.1 and 2.6.2 above. We will not be responsible for the quality of the programming signals received through such facilities and equipment. We will only be responsible for the quality of the programming signals transmitted up to the point of pick-up or reception of such signals by the antenna located at the Premises. Without prejudice to the foregoing, we will not be responsible for any Service failure, interruption or performance degradation arising from any failure to procure, install and/or maintain such facilities and equipment, and/or such facilities and equipment themselves.
    7. You must at all times provide us with such information as may be necessary or desirable for us to provide you with the Service.
    8. We may decline acceptance of your application at our discretion.
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  5. Minimum Period of Service
    1. The Minimum Period of Service for our post-paid Service is:
      1. (if you are a corporation or business entity) 6 months, from the commencement date as determined in accordance with Clause 4 below.
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  7. Duration of Service
    1. The Service under this Agreement will commence on:
      1. the date of successful on-site installation of the Equipment by us, if you request us to install the Equipment;
      2. the date of sign up for the Service and collection of the Equipment, if you self-install the Equipment; or
      3. such other date as may be stated in the application form or work order or otherwise approved by us in writing.
    2. This Agreement will continue until terminated according to the provisions of this Agreement.
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  9. Service
    1. We will provide the Service to you at the Service Address in accordance with the particulars set out in the relevant service agreement or work order, unless this Agreement is terminated in accordance with the provisions of this Agreement.
    2. Unless otherwise permitted by us in writing, you may receive and use the Service at the Service Address only. You must not permit the splitting of signal from the Service either within or outside the Premises. You must not exhibit in public or collect any fees for the exhibition of the Content in the Service. Unless otherwise permitted by us in writing, the Service is supplied to commercial properties exclusively. Where an agent enters into a Service agreement (including but not limited to a management corporation for and on behalf of subsidiary proprietors, or an employer for and on behalf of employees), the agent warrants that the supply is to commercial properties only.
    3. You may request us to change, from time to time, the Service particulars set out in the relevant service agreement or work order, subject to our confirmation and payment of a standard administrative fee chargeable by us. In the event of such change, the subscription fees payable for our Service and the Service particulars will be amended accordingly. For the avoidance of doubt, you will continue to be liable for the payment of such revised subscription fees.
    4. You must exhibit the channels or programmes received as part of the Service in their entirety without any interruptions including all titles, credits, logos and copyright notices. You will not, for any purpose whatsoever, alter, reproduce, edit, supplement, omit or circumvent any channel or programme received as part of the Service, including the insertion of crawlers or advertisements immediately before, during or after the exhibition or broadcast of the channel or programme.
    5. We may, at any time and without any notice to you, temporarily suspend the Service for operational reasons such as repair, maintenance, upgrade or improvement of the Service or because of an emergency. We will restore the Service as soon as reasonably practicable. We may also modify the Service in order to keep pace with the prevailing demands and technological developments, at our discretion and without any notice to you.
    6. The use of the Service is subject to any instructions, notices and directions as may be determined by us from time to time.
    7. You shall provide access, space, power feed and such reasonable assistance as we may require, without charge, to carry out any site survey, to provision any activities relating to the Services, to undertake the Works, operate and from time to time maintain the Network, including to test for and repair fault or signal leakage. Where circumstances permit, we will give you reasonable advance notice of required access.
    8. You agree to grant us access to and to provide us with such space, licence, right of way and easements on or through your Premises as we may reasonably require without charge for the purposes of installing or maintaining such equipment as may be required to provide the Services to other properties.
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  11. Network Maintenance
    1. Only we shall be entitled to maintain the Network. Unless we otherwise stipulate, you will be required to pay the standard annual Network maintenance fee as may be prescribed by us from time to time.
    2. We reserve the right to charge you at our standard prescribed rate for responding to a request to remedy a fault in the Network if it is subsequently ascertained by us that the fault is caused by you or your equipment or systems.
    3. Subject to the Terms & Conditions of this Agreement, we will connect the Premises to the Network and provide such services and/or equipment as may be specified and more particularly described in the connection agreement that forms part of this Agreement. Where any of the Services is provided, you will use and access the same in accordance with our Terms & Conditions.
    4. Ownership of the Network shall remain vested in us at all times, notwithstanding that parts of the Network may be located on your Premises as fixtures or otherwise or the connection of any equipment or cables by you to the Network.
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  13. Content and Your Responsibilities
    1. You are responsible for the use of the Service under your account(s) and for any Content disseminated through your account(s).
    2. You must not use or allow any part of the Service to be used:
      1. to 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;
      2. to transmit or post any Content which may give rise to civil liability or otherwise violate any applicable laws, rules or regulations;
      3. to transmit any Content that contains viruses, worms, trojan horses, time bombs, cancelbots or any other harmful, damaging or destructive programs;
      4. to make or attempt any unauthorised access to any part or component of the Service, the Network or any third party systems or networks to which you can connect through the Service directly or otherwise;
      5. to disrupt the various networks that are connected to the Service or violate the regulations, policies or procedures of such networks;
      6. to collect and/or disseminate information about others or their email addresses without their consent;
      7. 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;
      8. 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;
      9. to be resold or otherwise provided to third parties without our prior written consent, whether for profit or not;
      10. to transmit any Content received under the Service to any personal computer, laptop, mobile phone or other similar device(s) unless otherwise permitted by us; and/or
      11. to transmit any Content received under the Service outside the geographic boundaries of Singapore unless otherwise permitted by us.
    3. You acknowledge and agree that through your use of the Service, you may encounter Content which may be deemed offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Service at your sole risk and that we will not have any liability to you for the type of Content that you may access, including without limitation Content that you may find offensive, indecent, or objectionable.
    4. You acknowledge and agree that the Content accessed through the Service may be altered with technology and/or rules which protect digital information from access and may limit or restrict your usage of Content to certain usage rules as may be determined by us and our licensors (the "Usage Rules"). You agree to comply with the Usage Rules. The Usage Rules may be controlled and monitored by us for compliance purposes, and we reserve the right to enforce the Usage Rules with or without notice to you.
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  15. Deposit
    1. We may require a deposit from you at our discretion. We may, at our discretion, require you to increase this deposit from time to time. You cannot require us to apply this deposit in payment of any Charges. We may, at our discretion, use this deposit at any time as we deem appropriate to offset any outstanding Charges and any amounts due under any of your accounts with us. Any remaining balance will be refunded to you without interest after this Agreement is terminated and you have paid all outstanding amounts due, accruing due or payable to us.
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  17. Billing
    1. You are liable to pay for the Service or the Equipment at such Charge(s) as we may determine from time to time.
    2. For our post-paid Service, you will be billed in advance for the subscription fees at monthly intervals or such intervals as may be agreed by us in writing, unless you elect to prepay the subscription fees. You will be subject to a standard late payment interest or fee if payment is not received by us by the relevant due date.
    3. You may pay through GIRO, cheque, credit card, cash or online payment portals. For our post-paid Service, any change in the method of payment will only be effected from the next billing cycle onwards.
    4. Billing and payment disputes that may be raised by you will be treated in accordance with our Business General Terms & Conditions.
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  19. Equipment
    1. In order to access the Service, you must acquire such Equipment as may be determined by us. You may acquire the Equipment in the following manner:
      1. If you wish to subscribe to our post-paid digital, you must rent the digital set-top box from us. You must pay us our prescribed Charge(s) for the rental.
    2. If you rent the Equipment from us, the Equipment will remain at all times our property. You must not allow any person to modify such Equipment without our prior written consent.
    3. You must keep the Equipment in a suitable place and appropriate conditions for the Equipment, including any necessary electrical power supply. You must also use and maintain the Equipment in good working condition (fair wear and tear excepted) in accordance with the guidelines, instructions or specifications given to you.
    4. You must ensure that the Equipment shall at all times remain in your custody at the Service Address and be used only to receive the Service.
    5. You are solely responsible for the Equipment and must not modify, tamper or in any way interfere with, nor allow anyone else (other than a person authorised by us) to do so. You will not change the serial number or equipment identifier of the Equipment or to perform a factory reset of the Equipment without our prior written consent. We reserve the right to suspend or terminate your Service if we determine, in our absolute discretion, that you have tampered with the Equipment.
    6. We reserve the right to charge you at our standard rates for responding to a service call or request to change or replace any defective Equipment, unless we subsequently ascertain that the malfunction or defect is not caused by or attributable to your act, omission, equipment or systems.
    7. 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, operation or upgrade of the Equipment.
    8. Upon our notification, you will grant us access to the Equipment and the Software embedded therein as and when we deem necessary to carry out any equipment upgrade.
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  21. System Requirement
    1. You are responsible for ensuring your equipment and systems connected to the Network meet the Service's minimum system requirements as may be stipulated by us, and that they are compatible and may properly function and inter-operate with the Equipment, the Service and the Network. We will not be liable for any Equipment, Service or Network failure or performance degradation resulting from the non-compliance of such requirements as set by us from time to time. You acknowledge and accept that certain applications are not supported by the Service.
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  23. Installation
    1. In the case where you request for installation of the Equipment or where collection of the Equipment is required, you will provide us, our employees and contractors safe access to your Premises for such installation or collection. You represent and warrant that you are the lawful owner or occupier of such Premises and that you have obtained all necessary permissions to allow us, our employees and contractors to provide such installation and/or collection.
    2. Any Service failure due to subsequent changes to the system configuration after successful installation is your sole responsibility. Any Charges as a result of rectifying such fault caused by you or any third parties will be borne by you.
    3. Standard charges will be chargeable for installation of the Equipment and any cable-points at your Premises and also collection of the Equipment.
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  25. Liability
    1. The Service is provided on an "as is" and "as available" basis and you agree and accept that you use the Service or rely on any Content obtained through the Service 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. No advice or information whether oral or written, obtained by you from us or through the Service will create any warranty not expressly made in this Agreement.
    2. In no event shall we be liable in contract, tort, negligence, misrepresentation, strict liability or statute for any failure in the Network or in the provision of the Works, or any form of cost, expense, loss or damage (direct, indirect, special, incidental, consequential, punitive or otherwise, even if such cost, expense, loss or damage was caused wilfully, recklessly or negligently) howsoever suffered or incurred by you arising from the use of or connection to the Network or the Works or in the non-provision of the Works or the Network connection, including without limitation, any failure to connect, leakage or loss of information or data and loss of profits, revenues, business or anticipated savings.
    3. Where liability cannot be excluded, our liability for damages, losses, costs or expenses suffered or incurred by you and anyone else (whether in contract, tort, negligence, misrepresentation, strict liability or statute or otherwise) in any 12-month period shall be limited to the rebate or payment of the annual Network maintenance fees.
    4. If you are dissatisfied with the Service or with the Content, products or services available on or through the Service or with any of the Terms & Conditions of this Agreement, your sole and exclusive remedy is to discontinue accessing and using the Service or terminate the Service according to this Agreement.
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  27. Removal/Relocation of Network
    1. Notwithstanding any disconnection of the Premises from the Network or termination of this Agreement, you shall not at any time remove or relocate or permit any third party to remove or relocate any part of the Network (including any equipment belonging to us that is connected to the Network) from the Premises without giving us at least 6 months’ prior written notice and obtaining our prior written consent. We shall be entitled to impose our standard prescribed charges for undertaking any removal or relocation of the Network, including signal diversion costs.
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  29. Indemnity
    1. You must indemnify us and our Affiliates against all claims, damages, losses, costs and liabilities resulting from your use of the Network, negligence, omission, act or breach of this Agreement.
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  31. Proprietary Rights
    1. All Content contained in sponsor advertisements or presented to you through the Service by us, our advertisers, content/applications providers or third parties, are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You agree that you are only permitted to use such Content as expressly authorised by us, the advertiser, the provider or third party in question.
    2. You are not permitted to copy, reproduce, distribute, or create derivative works from such Content without written authorisation from us, the advertiser, the provider or third party in question.
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  33. Unauthorised Acts
    1. You shall not undertake or howsoever permit any Unauthorized Acts and shall notify us as soon as it is aware of any Unauthorized Acts. You shall indemnify and hold us harmless from any costs or damages incurred or suffered by us in relation to Unauthorized Acts committed on the Premises resulting from your acts or omissions or arising from the use of the Network by you.
    2. You shall ensure that none of your equipment and systems connected to the Network shall cause or be intended to be used for an Unauthorized Act.
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  35. Resale
    1. You will not resell or otherwise provide the Service to third parties without our prior written consent, whether or not for profit or otherwise.
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  37. 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 the Network 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 paragraph 15.1 above, the Service may occasionally be affected by interference caused by objects beyond our control such as buildings, underpasses and weather conditions. When this happens, we will not be responsible for any interruption or disruption of the Service or if you cannot access or use the Service.
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  39. Ending the Service
    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 16, the Service under this Agreement or this Agreement may be terminated in the following manner unless otherwise agreed in writing by you and us:
      1. by you giving us prior notice of at least 1 month if you are a corporation or business entity; or
      2. by us giving you prior notice of 1 month if you are a corporation or business entity.
    2. If you give us notice that ends during the applicable Minimum Period of Service pursuant to paragraph 20.1 above:
      1. an early termination Charge will be imposed on you;
      2. paragraph 20.7 below will apply.
    3. If the Service or this Agreement is terminated pursuant to paragraph 20.4 or 20.5 below, you will compensate us for any damages or losses we may suffer because of the early termination, including the sums referred to in paragraph 20.2 above.
    4. In the event of any of the following:
      1. you breach any of the Terms & Conditions of this Agreement or any other agreement you have with us;
      2. you breach the terms of use of the Service;
      3. you become or threaten to become bankrupt or insolvent, or die;
      4. 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;
      5. the equivalent of any of the events referred to in paragraphs 20.4.3 and 20.4.4 above under the laws of any relevant jurisdiction occurs to you;
      6. you provide incorrect, false or incomplete information to us;
      7. the requirements of any relevant regulatory authority result in us having to stop providing the Service or the Network connection, or to provide the Service or the Network connection in a manner which is unacceptable to us;
      8. 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 Service, or defraud us, or are likely to create imminent harm or are abusive to our personnel;
      9. if the Premises or the building within which the Premises is located is or has been disconnected from the Network for any reason whatsoever; and/or
      10. for any reason beyond our control (including loss of any licence, way-leave or easement, requirements of any governmental or regulatory authority or orders by the court and failure to deliver by a third party supplier) we are unable to provide the Service or the Network connection, we may suspend or terminate all or any part of the Service or terminate this Agreement with 7 working days' notice (for paragraphs 20.4.1, 20.4.6 and 20.4.9 above) or with immediate effect (for paragraphs 20.4.2, 20.4.3, 20.4.4, 20.4.5, 20.4.7, 20.4.8 and 20.4.10 above) without compensation and without prejudice to our rights to damages for any antecedent breach by you of this Agreement. You may immediately contact our customer service, either by calling our customer service line or visiting any of our customer service centres to tell us why such suspension or termination should not occur. We will consider each case and where we deem appropriate, will not proceed with the suspension or termination of such account or take any other appropriate action where necessary.
    5. In the event that we suspect that you are using or allowing the Service/Network 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.
    6. If and when you make good any breach or default, we may restore any suspended or terminated Service/Network after you have paid for any restoration or re-connection Charges and reimbursed us for our reasonable costs in suspending or terminating the Service.
    7. If the Service/Network is terminated:
      1. all sums due, accruing due or payable to us in respect of the Service/Network and as applicable, the Equipment up to the date of termination (including late payment charges) will, upon the termination, become immediately due and payable to us;
      2. you must immediately return to us all Equipment which we have provided to you in respect of that Service/Network in good condition. We will be entitled to charge you all costs incurred in repossessing or acquiring replacement for any such Equipment which you have failed to return to us, or at our standard prescribed rates for acquiring a replacement for any Equipment which is returned to us in a damaged or defective condition;
      3. the deposit will be refunded to you according to paragraph 8 above.
    8. The termination of this Agreement will not affect any accrued rights or remedies of either party against the other party.
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  41. Changing this Agreement
    1. We may from time to time change any of these Terms & Conditions and/or such other Terms & Conditions agreed or accepted by you. We may also from time to time withdraw, suspend, or change the Service/Network or any part thereof. Such changes will take effect as from such date as we may determine. We will notify you of such changes through written notice, electronic mail, StarHub website or such other form as we may deem appropriate. You agree that the display of the revised Terms & Conditions on StarHub website will constitute notice of the changes. Your continued use of the Service will constitute acceptance of the changes.
    2. We reserve the right to upgrade or make any changes to any part of the Network without notification to you. We do not guarantee that any part of your equipment or system shall be compatible with the upgraded or changed Network. We will, to the extent permitted by circumstances, take such measures as will minimize any inconvenience to you.
    3. Without prejudice to paragraph 21.1 above, we may change the Service by amending, substituting or withdrawing any channel, programme or channels’ grouping/package in such manner as we may determine in our absolute discretion. We may also from time to time revise the Charges for the Service.
    4. For promotional offers of the Service, special Terms & Conditions may apply.
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  43. Transferring this Agreement
    1. You may not assign, novate or transfer any of your rights and/or obligations under this Agreement without our prior written consent. We may assign, novate and/or transfer all or part of our rights and/or obligations under this Agreement to any party upon notice to you.
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  45. Communicating
    1. Notices or bills to you under this Agreement will be deemed given if sent by post, fax or email to your contact details in our records. If there is any change in these details, you must inform us immediately in writing.
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  47. Non-waiver
    1. No failure or delay by us to exercise or enforce any of our rights under this Agreement will operate as a waiver of such rights nor will such failure or delay in way prejudice or affect our right at any time thereafter to act strictly in accordance with our rights under this Agreement.
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  49. Entire Agreement and No Third Party Right
    1. This Agreement contains the whole agreement between you and us with respect to the subject matter herein 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. The provisions in this Agreement are in addition and without prejudice to any other rights that we may have over the Network or its use, whether granted by statute or otherwise.
    3. Our Affiliates may enforce this Agreement against you. Save as aforesaid, a third party has no right to enforce any provision of this Agreement under the Contracts (Rights of Third Parties) Act (Cap. 53B) , and the consent of any third party and/or our Affiliates is not required for our variation, rescission or termination of this Agreement.
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  51. Applicable Law and Jurisdiction
    1. The laws of Singapore will govern this Agreement. Any processes or judgement may be given to you in the same way as notices under this Agreement.
    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 this Agreement.