THESE TERMS AND CONDITIONS SET OUT THE BASIS OF M1’S PROVISION OF THE CYBER THEFT WARRANTY PROGRAM TO YOU. PLEASE READ THESE TERMS CAREFULLY AND PROVIDE YOUR ACCEPTANCE TO THESE TERMS BY SIGNING THE RELEVANT PORTION(S) OF THESE TERMS.
- SERVICE SUMMARY
- The Cyber Theft Warranty program consists of the following: (a) the ability to make a Claim for Actual Quantifiable Monetary Loss, which is capped at the RRP of the Registered Device, due to a Cyber Hack on your Registered Device within 12 months from the Start Date ; and (b) access to the Cyber Theft Warranty Online Portal and Application and other features that can be accessed from the Cyber Theft Warranty Online Portal and Application during the term of the program (together, the “Program”).
- Please note that the Program does not cover the following:
- Confidence Scams: any financial loss based upon, arising from or as consequence of a confidence trick involving feigned intentions towards you, such as romantic intentions, investments, contracts, loans and the like, gaining your confidence or affections, and then using that goodwill to commit fraud.
- Actual Quantifiable Monetary Loss caused via the use of third-party banking, gambling and cryptocurrency trading applications except electronic-wallets.
- Dishonest Acts: any financial loss based upon, arising from or as a consequence of any dishonest, criminal, malicious or fraudulent acts if you willingly participated in or directed such acts.
- Prior Matters: Any loss based upon, arising from or as a consequence of any fact, circumstance, act, threat or event which you were aware of prior to the inception date of this warranty.
- Any Actual Quantifiable Monetary Loss sourced from a device that has undergone unauthorised modifications to its operating system and/ or violates its end-user software licence agreement.
- Contactless payment transactions or near-field communications for payment transactions.
- PROGRAMS AND PLANS
- The Program is offered for a fixed term of 12 months from the Start Date. The Program is fully supported by DiSa Digital Safety Pte. Ltd. (CRN 200201295Z) (“DiSa”).
- You agree that to the fullest extent permitted by law, M1 shall have no liability to you whatsoever in respect of the Claims, Program or any part thereof. You and DiSa shall have direct recourse to each other for the matters governed by such end user agreements. Accordingly, you shall direct all Claims, queries, dispute and issues to DiSa directly.
- ELIGIBILITY
- Eligibility Criteria – In order to enroll an Eligible Device in the Program, you must (a) be an individual subscriber to a new M1 postpaid mobile plan or to a re-contracted M1 postpaid mobile plan of at least 12 months (your “Mobile Plan”); (b) not have an Ineligible ID; and (c) your Mobile Plan must be tied to the Eligible Device.
- Time of Application – You must make your application for the Program at the time you purchase your Eligible Device and sign up for your Mobile Plan.
- Rejection – M1 reserves the right to reject your application for the Program if: (a) any of the eligibility criteria herein is not met; (b) you have previously been rejected or terminated from the Program; or (c) for any reason whatsoever or howsoever arising or no reason in M1’s discretion.
- Limitation – You may only enrol one Eligible device in the Program per NRIC unless M1 otherwise allows in M1’s discretion.
- Cyber Theft Warranty Application – Your use of the Cyber Theft Warranty Application and your eligibility for the Program is subject to your download and installation of the Cyber Theft Warranty Application and acceptance of the end user licensing agreement.
- IMEI registration – Your eligibility for the Program is subject to you registering your Eligible Device’s IMEI with the Cyber Theft Warranty Application or Cyber Theft Warranty Online Portal to M1 and DiSa’s satisfaction.
- FEES
- One-Time Subscription Fees – Applicable subscription fees are payable at the time of your application as follows: 12 Months’ Plan - $20.00, unless provided otherwise by M1.
- All fees and phone prices set out in these terms are inclusive of GST at the current rate of 8% and are subject to change in accordance with prevailing GST.
- CLAIMS
- Claims – You may only make a Claim through the Cyber Theft Warranty Online Portal managed by DiSa or such other platform prescribed by DiSa or M1. DiSa alone will be fully responsible for processing your Claim, addressing your queries and disputes and/or making any payouts to you in relation to the Program. You agree that M1 will not be responsible to you in relation to the foregoing.
- Conditions – DiSa may not accept your claim if, amongst other reasons,: (a) the IMEI of the Registered Device, subscriber’s name, mobile phone number and NRIC under which the account is active are incorrect or does not correspond with the information you give upon sign-up; (b) your subscription or your Mobile Plan are not active as at the time of the Claim; (c) the Claim is for non-monetary loss as a result of cyber-attack (d) you have transferred, retailed, sold, or hired your Registered Device to another person; or (e) you do not provide a police report, proof of monetary loss from agency or financial institution confirming the amount of losses, mobile phone purchase receipt, and any additional information, including any declarations or acknowledgements, as reasonably requested by DiSa.
- Limits – You may make multiple Claims up to the RRP of the Registered Device, during the 12 months term, (as applicable, your “Limit”). Illustration: If the RRP of the Registered Device is $1000, you may make 10 times of Claims if the Actual Quantifiable Monetary Loss is $100 each time, for the duration of your warranty period.
- TERM AND TERMINATION
- Duration – Your subscription commences from the Start Date until it is terminated in accordance with these terms or until it expires at the end of the 12 months term.
- Termination by M1 – M1 may immediately terminate your Program and the Agreement at any time without liability if M1 reasonably believes that:
- you are using the Program (whether intentionally or not) in a way that may adversely impact the reputation of M1;
- you are using the Program in a manner which is fraudulent, illegal or related to any criminal activity;
- you have breached or abused these terms;
- you are or may become bankrupt or unable to pay your debts as they fall due;
- you have provided M1 with incorrect, false or incomplete, information;
- you have failed to provide any additional information that M1, or DiSa may request (including identity information, acknowledgment, declaration or a statutory declaration);
- you have ported your mobile number from M1 or your Mobile Plan has been terminated; or
- for any other or no reason at M1’s discretion.
- Automatic Termination – Your Program and the Agreement will terminate immediately if (a) your Mobile Plan is terminated by you or by M1; (b) you transfer, retail, sell, or hire your Registered Device or Mobile Plan to another person.
- M1 may also suspend or terminate your Program and the Agreement at any time in M1’s discretion and without liability if:
- any of M1’s agreements with DiSa or any of M1’s suppliers or third party service providers for the Program is suspended or terminated for any reason, or DiSa or any of such suppliers or third party service providers for the Program for any reason ceases or fails to provide the support (or any part thereof) necessary for the Program to continue; or
- provision of the Program or any part thereof becomes unlawful, unenforceable, invalid or illegal for any reason.
- CONSEQUENCES OF TERMINATION
- No Re-activation – If the Program has been terminated for a Registered Device, the Program cannot be reactivated for the same previously registered Device.
- Prohibition – If the Program have been terminated, the NRIC linked to the respective terminated account will not be eligible for re-application of the Program.
- Refunds – Unless M1 exercises its right to terminate the Agreement or Program for convenience, you shall not be entitled to any refund of the fees paid in relation to the Program.
- Service Claim – If you have made a Claim which is not fulfilled as at the time of the termination, the Claim may be cancelled.
- CHANGE OF REGISTERED DEVICE
- You shall not be permitted to change your Registered Device except for: (a) replacements or swaps which are permitted by M1 and which do not involve any change of Mobile Plan or (b) the exchange of your Registered Device under an OEM’s warranty scheme for a new device. You must inform DiSa of such change and are required to provide proof of the exchange. You shall thereafter re-register your new Device’s IMEI with the Cyber Theft Warranty Call Centre or Cyber Theft Warranty Online Portal to M1 and DiSa’s satisfaction, after which time the new Device will become the Registered Device.
- DATA PRIVACY
- You confirm that you have read and understood the M1 Data Protection Policy which may be found at www.m1.com.sg/dataprotection (“DP Policy”). You also agree that by signing the Agreement or by continuing to use the Program, you are giving consent to M1 that the information collected by M1 from you (Personal Information) will be used and/or disclosed in accordance with the DP Policy.
- MISCELLANEOUS
- Subject to Change, Withdrawal, Termination and Suspension – The services, these terms and the fees are subject to change (and in the case of services, withdrawal), termination, or suspension at any time, in accordance with applicable laws and regulations including guidelines, directions or codes of practice issued by relevant regulatory authorities. We will notify you of the changes through the Website or such other means as we may determine and if you continue your subscription to the Program after such changes are notified, you will be deemed to have agreed to those changes.
- Force Majeure – The Program in general, and completion of the Claim in particular, are subject to events beyond M1’s reasonable control. If such events occur, the Program and any pending Claims may be suspended by M1 until future notice.
- Exclusions – Apart from these terms, M1 expressly and to the fullest extent permitted by law disclaim all warranties of any kind, whether (i) express; (ii) implied; or (iii) statutory, including, but not limited to the implied warranties of merchantability and fitness for a particular purpose. M1 will, to the fullest extent permitted by law, not be responsible for any loss or damage caused to you because of the actions of any employee or any person or representative of M1 who acts beyond their authority. M1 shall, to the fullest extent permitted by law, not be liable for any direct or indirect loss or damage caused to you in respect of any matter howsoever arising in connection with the provision or your use of the Program.
- Indemnity – You agree to defend, indemnify and hold faultless M1, its associates, subcontractors and their directors, officers, successors and assigns, from and against any and all liabilities, damages, losses, costs and expenses caused by or arising out of your use of the Program.
- Limitation of Liability – Without prejudice to the generality of the preceding statements, under no circumstances will M1 or its service providers, including DiSa, its affiliates or sub-contractors, be liable for any indirect, incidental, consequential, special or exemplary damages arising out of or in connection with the provision or your use of the Services. M1 and its sub-contractors’ aggregate liability to you (whether based in contract, negligence, strict liability, statute or other theory of liability) will not exceed three times the value of your fixed term fee . Any and each of the M1 sub-contractors shall be entitled to the benefit of and to enforce this paragraph.
- Severability – If any provision or wording of the Agreement is found to be invalid or unenforceable, the remainder of the Agreement, or the application of such provision to persons other than those to whom it is held invalid or unenforceable, will not be affected and the Agreement will be construed to omit such invalid or unenforceable provision.
- Governing Law – The Agreement will be governed by and construed in accordance with the laws of Singapore.
- Entire Agreement – M1 Limited General Terms & Conditions available at www.m1.com.sg (“General Terms”) apply and are deemed incorporated herein. In the event of inconsistency between these terms and the General Terms, these terms prevail.
- Promotions – M1 may from time to time offer promotions relating to the Program. Any such promotions shall be governed by the terms and conditions attached thereto by M1, and by these terms to the extent that the promotion’s terms and conditions are silent. In the event of any conflicts between a promotion’s terms and conditions and these terms, the promotion’s terms and conditions shall prevail.
- CYBER THEFT WARRANTY CALL CENTRE
- To make any queries or feedback regarding the Program (including the Cyber Theft Warranty Application), please call DiSa’s Cyber Theft Warranty Call Centre at +65 67512069 during Monday to Friday, 9am to 6pm, excluding public holiday or email to enquiry@digital-safety.com. To make any queries or feedback on the Claim, please email to customer.service@cybertheftwarranty.com.
- OTHER DEFINITIONS
- Actual Quantifiable Monetary Loss means the loss of monies due to a Cyber Hack on the Registered Device whereby a direct loss of monies from the accounts in electronic-wallets occurs.
- Agreement means these Terms which set out the agreement between you and M1.
- Eligible Device means a mobile phone or tablet which (a) is tied together with your new or re-contracted Mobile Plan; or (b) which is a permitted replacement Device under Clause 8 hereof.
- Claim means you seeking financial relief as a result of an Actual Quantifiable Monetary Loss due to Cyber Hack of your Registered Device.
- Cyber Hack means unauthorised access carried out by unknown third parties which are not arising from, attributable to or based upon any intentional, criminal or fraudulent acts committed or condoned by any of your friends, relatives, spouse, partner and/or business associates.
- Cyber Theft Warranty Online Portal means a website dedicated to the Program, through which you can access certain services, information and assistance.
- Ineligible ID means an identification number which M1 deems ineligible for the Program whether because services to this identification number was previously terminated, suspended, denied or for any other reason in M1’s sole discretion.
- M1 means M1 Limited (Reg. No. 199206031W).
- OEM means original equipment manufacturer of the device.
- Registered Device means an Eligible Device which IMEI you have registered, for the purposes of the Program, with Cyber Theft Warranty Online Portal to M1 and DiSa’s satisfaction.
- RRP means the recommended retail price of the Registered Device as of the Start Date.
- Start Date means the Date of Purchase as detailed in this Agreement.
- Subscription means your subscription to the Program.