Terms & Conditions - Mobile Data Services


1. Services

a. In this Section, the Services refer to any of the following mobile data services provided by StarHub Mobile Pte Ltd (Reg. No. 200000646C) in addition to our Mobile Services :-

i. Short Messaging Services ("SMS") or SMS-related Services;
ii. Multimedia Messaging Services (MMS) or MMS-related Services;
iii. MaxMobile (GPRS/3G/3.5G)
iv. i.Mail;
v. StarHub SMSemail;
vi. Powermail;
vii. Pushmail (BlackBerry & Duality);
viii. any other mobile data and value-added Services.

2. Minimum Period of Service

a. The Minimum Period of Service is 12 months unless otherwise stated at the time of application of the Services.
b. Upon expiry of the Minimum Period, the Services will renew automatically for successive periods of 12 months each unless otherwise terminated in accordance with our General Terms & Conditions.

3. Additional Charges

Unless otherwise expressly waived by StarHub, you will be charged for the following :-

a. a registration fee for each new value-added Service; and

i. any other additional charges listed in our prevailing tariffs for the Services (including monthly value-added service charges and any monthly content subscription charges you agree to pay to access certain Content or service provided via any of the Services). These additional charges do not include such charges that are not billed by StarHub on behalf of third parties. The fees and charges referred to in this paragraph (a) above may be found on our website at www.starhub.com.

b. Information on GPRS/3G/3.5G traffic generated by your use of any of the Services will not be included in any itemised billing details that may be requested by you.

4. Telephone Numbers

a. When we allocate any numbers to you for the Services, you will not have any rights to these numbers except for the sole purpose of using the Services in accordance with this Agreement. You cannot sell or agree to transfer these numbers to anyone else. You must not apply or try to apply for registration of these numbers as trademarks, whether on their own or together with any word or mark.
b. We may, for commercial, operational or technical reasons or compliance with any requirement of the relevant Regulatory Authority or other authority, withdraw or change any number allocated to you. However, we will endeavour to give you reasonable notice in this event.

5. Data Usage (Local and Roaming)

a. Automatic data roaming service for mobile devices outside Singapore is available in countries as stated on our website. A deposit may be required for roaming services to certain countries.
b. When you use our data roaming service (roaming or otherwise), we do not guarantee that all data roaming usage details will be reflected in your bill or made available to you. You agree that certain data roaming  usage details will not be reflected in your bill or made available to you, including but not limited to:

i. hyperlink, Internet Protocol (IP) address, Uniform Resource Locator (URL) or details of the websites that you may have accessed; and/or
ii. the type of data content accessed.

6. Handsets or Devices

a. You must have a handset or device that is approved by us as suitable and compatible to access and use the Services.
b. We do not warrant the performance or suitability of your handset or device on any network other than our Network.

7. Mobile Email (BlackBerry & Duality) and MaxMobile (GPRS/3G/3.5G) Subscription

a. The BlackBerry/Duality Unlimited DataPack and Duality/Duality Unlimited (VAS) services (collectively, the BlackBerry/Duality Unlimited Services) must only be used as part of the BlackBerry or Duality services respectively. You must not use the BlackBerry/Duality Unlimited Services for any other purpose. We reserve the right to immediately suspend or terminate your Services if we determine, in our absolute discretion, that your use of the Services is inconsistent with the BlackBerry/Duality Unlimited Services' normal usage pattern.

8. Your Responsibilities

a. You are responsible for the use of the Services under your account(s) and for any Content disseminated through your account(s).
b. You must not use or allow any part of the Services to be used:-

i. 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. Thisincludes transmitting or posting "junk mail", "spam", "chain letters","solicitations" (commercial or non-commercial) or distributing mail toany party who has not given permission to be included in thedistribution;
ii. to transmit or post any Content which may give rise to civil liabilityor otherwise violate any applicable laws, rules or regulations;
iii. to transmit any Content that contains viruses, worms, trojan horses,time bombs, cancelbots or any other harmful, damaging or destructiveprograms;
iv. to make or attempt any unauthorised access to any part or component ofthe Services, the Network or any third party systems or networks towhich you can connect through the Services directly or otherwise;
v. to disrupt the various networks that are connected to the Services orviolate the regulations, policies or procedures of such networks;
vi. to collect and/or disseminate information about others or their email addresses without their consent;
vii. for any fraudulent, illegal or improper purposes or to violateanybody's rights or in any way which may affect other users' enjoymentof or access to any Service or cause annoyance, harassment, irritation,inconvenience or anxiety to anyone;
viii. in any manner or for any purpose which may constitute a violation orinfringement of the rights of any party including but not limited totheir intellectual property or confidentiality rights;
ix. to be resold or otherwise provided to third parties without our prior written consent, whether for profit or not; and
x. for any form of advertising, marketing or promotional purposes unless otherwise permitted by us.

9. Content, Products and Services

a. You agree that :-

1. all Content transmitted or made available via the Services, are the sole responsibility of the person from which such Content originated;
2. we will not be liable in any way for any third party Content, productsor services which you may access, use or acquire via the Services;
3. you are solely responsible for all Content that you transmit or make available via the Services or on any website;
4. we do not control any third party Content, products or services whichyou may access, use or acquire through the Services and we do notendorse or guarantee the accuracy, reliability, integrity, legality orquality of such Content, products or services;
5. by using the Services, you may be exposed to third party Content thatmay be defamatory, offensive, indecent, objectionable or illegal;
6. we may, at our discretion, remove or modify any Content (which youtransmit or make available via the Services or on any website) that maybe defamatory, offensive, indecent, objectionable or illegal or mayhave infringed any party's intellectual property rights, without notice to you; 7. we may, at our discretion, deny access to or remove any thirdparty Content, products or services that may be defamatory, offensive,indecent, objectionable or illegal or may infringe/have infringed anyparty's intellectual property rights, without notice to you; and
8. without prejudice to paragraph (vii) above, we may, at ourdiscretion, remove, modify, suspend or terminate any third partyContent, products or services which you may access, use or acquire viathe Services, without notice to you,and we will not be liable to you or any third party under any of paragraphs (i) to (viii) above.

b. Without prejudice to paragraph (a) above, we will not be liable in anyway if you encounter any problems with the goods and services that youobtain from the advertisers or any third parties on our website orthrough the Services. We assume no liability or responsibility for theacts or defaults of such advertisers or third parties or for anynon-delivery, non-performance or defects in any such goods and services.

10. Things We may have to do

a. We may occasionally inform you of offers from our advertisers. You are deemed to have given your consent to receive from us any such information and they are accordingly not considered unsolicited mail.

b. We retain all access to any Service(s) or location attached to the internet as we deem appropriate.

11. Liability

a. The Services are provided on an "as is" and "as available" basis. You agree and accept that you use the Services, or rely on any Content obtained or transmitted through the Services, at your own discretion and 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 Services will create any warranty not expressly made in these terms and conditions.

b. We are not responsible for any loss or accuracy of Content or anyother damages or liabilities, which you may suffer through the use ofthe Services.

c. Under no circumstances will we 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.

d. Under no circumstances will we be liable for any lostprofits, revenue, data, business or anticipated savings, even if such damages, losses, costs or expenses were caused wilfully, recklessly or negligently.

e. If you are dissatisfied with the Services or with the Content, productsor services available on or through the Services or with any of these Terms & Conditions, your sole and exclusive remedy is todiscontinue accessing and using the Services or de-register the Services.

12. Proprietary Rights

a. All Content contained in sponsor advertisements or presented to you through the Services by us, our advertisers, content/applications providers or third parties, are protected by copyrights, trademarks, service marks, patents or other intellectual property or 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.

b. You are not permitted to copy, reproduce, distribute or createderivative works from such Content without written authorisation from us, the advertiser, the provider or third party in question.

13. Ending the Services and this Agreement

a. Unless the specific terms for the Services you are using are different, this Agreement or the Services may be terminated by either party giving 3 working days' notice to the other party without assigning any reason.

b. If you give us notice that ends during the applicable Minimum Period ofService or if we terminate the Services or this Agreement pursuant toparagraph (c) below:-

i. there will be an early termination Charge and, where applicable,prorated Charges for the Services, Equipment and/or ancillary items andcosts for the rest of the Minimum Period of Service; and

ii. you will compensate us for any damages or losses we may suffer because of the early termination.

In computing whether or not you have complied with the Minimum Periodof Service for a particular Service, we will not take into account anyperiod for which that Service is suspended for any reason whatsoever.

c. In the event of any of the following:-

i. you breach any of the terms and conditions of this Agreement or any other agreement you have with us;

ii. you become or threaten to become bankrupt or insolvent;

iii. 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;

iv. the equivalent of any of the events referred to in paragraphs (ii) and (iii) under the laws of any relevant jurisdiction occurs to you;

v. you provide incorrect, false or incomplete information to us;

vi. the requirements of the relevant Regulatory Authority or any other authority result in us having to stop providing any of the Services or to provide any of the Services in a manner which is unacceptable to us; or

vii. if you are likely to create imminent harm (such as interruption, disruption, congestion or any Unauthorised Act) to the Network or any third party's networks or systems or our provision of the Services, or defraud us, or are likely to create imminent harm or harass or are abusive to our personnel,

we may suspend or terminate all or any part of the Services or terminate this Agreement with 1 working day's notice (for paragraphs (i) and (v) above) or with immediate effect (for paragraphs (ii), (iii), (iv), (vi) and (vii) above) without compensation and without prejudice to our rights to damages for any 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.

If we suspect that you are using or allowing any of the Services to be used for fraud, misconduct or any other illegal or improper purpose, we will refer this to the relevant authorities and comply with directions or guidelines issued by them, without notice to you.

d. If and when you make good any breach or default, we may restore any suspended or terminated Services after you have paid for any restoration or re-connection Charges and reimbursed us for our reasonable costs in suspending/terminating the Services.

e. If any of the Services is terminated :-

i. all sums due, accruing due or payable to us in respect of that Service up to the date that Service is terminated will upon the termination of that Service become immediately due and payable to us;
ii. you must immediately return to us all Equipment which we have leased or rented to you in respect of that Service 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 acquiring a replacement for any Equipment which is returned to us in a damaged or defective condition;
iii. we have the right to retain any of your Equipment which is used in respect of that Service and which are on our premises until receipt of all sums due or accruing due or payable to us in respect of that Service; and
iv. subject to paragraph (iii) above, you must immediately remove all your Equipment which is used in respect of that Service and which is on our premises. If you fail to remove such Equipment, we will be entitled to remove it at your own risk and charge you all costs incurred in doing so.

f. The termination of this Agreement will not affect any accrued rights or remedies of either party against the other party.

14. Others

For promotional offers of any of the Services, special terms and conditions may apply.