Terms & Conditions for M1 Maxx Online Transactions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING AND/OR USING THE SITE OR ANY CONTENT OR SERVICES THEREIN, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS IN ADDITION TO ANY OTHER TERMS AND CONDITIONS AS MAY BE APPLICABLE TO YOU. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DISCONTINUE YOUR ACCESS AND USE OF THE SITE OR ANY CONTENT OR SERVICES THEREIN. ALL CONTENT OR SERVICES AVAILABLE ON THE SITE IS STRICTLY FOR PERSONAL AND INDIVIDUAL USE ONLY, AND MAY NOT BE USED FOR COMMERCIAL OR OTHER PURPOSES WITHOUT THE PRIOR WRITTEN CONSENT OF M1. M1 MAY MAKE CHANGES TO OR REVISE THESE TERMS AND CONDITIONS AT ANY TIME WHICH WILL BE PUBLISHED ON THIS WEBSITE. BY ACCESING AND/OR USING THE SITE OR ANY CONTENT OR SERVICES THEREIN, YOU AGREE TO BE BOUND BY ANY SUCH CHANGES OR REVISIONS. PLEASE ENSURE THAT YOU CHECK BACK PERIODICALLY TO ENSURE THAT YOU ARE AWARE OF ANY SUCH CHANGES OR REVISIONS.
1. DEFINITIONS
1.1 In these Terms and Conditions, the following terms and expressions shall have the following meanings: “Agreement” refers to these Terms and Conditions for M1 Maxx Online Transactions;
“Content” refers to any and all material available on this Site including without limitation M1’s and/or M1 Maxx’s logos and all other trademarks, logos, trade names and service marks, and any advertisements or promotional material;
“Customer”, “you” or “your” refers to any person that accesses and/or uses the Site and makes any online transactions including any purchase of, or subscription to any Services via the Site;
“Products” refers to all products and equipment provided by the Site (including without limitation mobile phones/ data devices/ accessories/ goods);
“Site” refers to www.maxx.sg;
“Services” refers to (i) all services provided by M1 on the Site (including without limitation mobile services and transactions ancillary thereto) and (ii) all sales, purchases and supplies of Products;
Any and all references to "we", "us", "our" “M1”, “M1 Maxx” shall refer to the relevant M1 entity that is providing the Service to you (including its successors and assigns).
1.2 The headings used in these Terms and Conditions are for convenient reference only and do not affect interpretation.
1.3 Words indicating the singular include the plural and vice versa, and words indicating a gender include every gender, unless the context otherwise requires.
1.4 No adverse inference shall be drawn against the party responsible for the preparation of these Terms and Conditions.
2. ACCESS AND USE
2.1 The Services on the Site are provided within Singapore only, unless otherwise agreed by M1.
2.2 Your access and use of the Site and the Services provided on the Site are subject to M1’s prices and to the fullest extent permissible at law; no requests for refunds will be entertained. All prices are inclusive of 9% GST and will be adjusted according to the prevailing GST rates. Any disputes raised by you in relation to billing or payment shall be treated in accordance with M1’s General Terms and Conditions and Maxx Mobile Services Terms and Conditions.
2.3 All orders for Services are subject to compliance with these Terms and Conditions, M1’s General Terms and Conditions, applicable service specific terms and conditions and policies as stated on www.m1.com.sg, subscription eligibility rules and registration guidelines, and the terms of any end user contract, as may be required by M1. In the event of any conflict or inconsistency between any of these terms, such conflict or inconsistency shall be resolved in a manner most favourable to M1, as determined by M1 at its sole and absolute discretion.
2.4 With respect to all promotions in respect of the Services offering gifts or premiums, all gifts and premiums are only available while stocks last. M1 reserves the right to substitute any gifts or premiums with another item of similar value subject to availability of stocks. For the avoidance of doubt, to the fullest extent permissible by law, M1 makes no warranties express or implied as to the gift or premium and will not be responsible for the accuracy of any descriptions or specifications, or for any defects or failures thereto, whatsoever however arising.
2.5 You are responsible for the security of your account information, including without limitation usernames and/or passwords in relation to the Site and the Services (as applicable). In the event of any compromise in the security of your username and/or password, you must inform us immediately. Until such notification is received and confirmed by us and access is disabled at your request, you shall be responsible for all consequences arising from any unauthorized or fraudulent use of the Site and the Services. 2.6 Without prejudice to the generality of these Terms and Conditions, M1 may at its sole and absolute discretion, modify, remove, suspend or disable the Site, or discontinue, withdraw or suspend any Services without notice or liability to you. For the avoidance of doubt, all pricing and availability of Services on the Site are subject to change and M1 does not guarantee that such information will be error-free, complete, accurate or reliable. M1 reserves the right to reject or cancel any orders resulting from such errors or inaccuracy, without liability to you.
2.7 You shall use the Services for lawful purposes only in accordance with these Terms and Conditions and in compliance with all applicable laws and regulations. Without prejudice to the generality of the aforesaid, you may not resell, distribute, provide, sublicense or offer in any way whatsoever, any Services to any third party whether for profit or not, without M1’s approval in writing.
3. PURCHASES AND DELIVERY
3.1 Your order for Services (“Purchase”) is confirmed upon (i) your unconditional acceptance of all applicable terms and conditions, (ii) your payment on the Site, where applicable, and (iii) M1’s acceptance of your order on the Site or as may be notified to you. No changes will be allowed for confirmed Purchases. Notwithstanding such Purchase, M1 reserves the right at its sole and absolute discretion to cancel your Purchase prior to the delivery of the Services by notification to you and M1’s sole liability shall be a refund to you to your credit card of your advance payment for the Purchase (if any) made on the Site.
3.2 You agree to make payment in the manner required of all and any charges that may be notified to you by M1 on the Site or otherwise. Unless otherwise specified by M1 in writing, delivery charges may apply.
3.3 If customer does not activate the Maxx SIM card within fourteen (14) days from the date of purchase from maxx.sg, M1 may in its discretion terminate the SIM card. No refund will be given.
3.4 All orders will be delivered between 3 – 5 working days from the date customer submitted his/her order. There is no delivery on weekends and Public holiday.
3.5 You cannot change the Delivery Address as delivery is to the letterbox of the address given during sign-up.
3.6 For the avoidance of doubt, there is no refund on any fees paid if you cancel any orders or delivery.
3.7 We may, at our sole and absolute discretion, use the services of third party courier service companies to provide delivery services. You acknowledge and agree that we may disclose your personal data to such third party courier service companies for the provision of delivery services.
3.8 All delivery days are estimates only. While we will use reasonable efforts to ensure all deliveries are made on time, M1 and its third party courier service companies do not guarantee that deliveries will be made within the days indicated. In no event shall M1 be liable for any delay in delivery, howsoever arising.
3.9 Payment on the Site must be made by VISA, Mastercard or AMEX credit cards or debit card only. Payment by cheque, cash or other forms of payment will not be accepted, unless otherwise agreed by M1.
3.10 Acceptance of your payment via credit card or debit card is subject to terms and conditions of M1's acquiring bank.
3.11 M1 will deliver the blank SIM card to the customer’s letterbox of the address given during sign-up. Any re-delivery may be subject to additional fees payable by customer.
4.0 M1 POLICY
4.1 The following shall apply to all orders for Services:
Minimum Requirements at time of application
• Applicants for M1 Maxx must be at least 15 years of age.
• Online purchase is only opened to NRIC and FIN registered customers.
Billing Address
• Post-office box addresses, virtual office addresses and overseas addresses not allowed to be used for registration.
• Singaporeans and Permanent Residents above 21 years of age must state both their local residential address (as per NRIC) and local billing address if the two addresses are not the same.
• Singaporeans and Permanent Residents below 21 years of age must register with their NRIC address, which must also be their billing address.
• Foreign applicants must state both their local residential address and local billing address if the two addresses are not the same.
4.2 M1 reserves the right at its sole and absolute discretion to decline any order for Services.
4.3 Roaming Services
• For more details on roaming services, please visit https://www.m1.com.sg/terms-and-conditions/maxx
4.4 For M1 Maxx, you may terminate our service(s) by (a) calling our Customer Service Hotline 1693 (Daily 9am-9pm). No refund will be given.
4.5 You will be responsible for all charges and calls made from your mobile phone/SIM card as long as the account is in your name, even if your mobile phone/SIM card is not in your possession.
4.6 Loss of your mobile phone/SIM card must be reported to us immediately via our Customer Service Hotline 1693 for M1 Maxx (Daily 9am-9pm). Any fraud, suspected fraud, dishonest use or theft of your mobile phone/SIM card should be reported to the police in Singapore (or overseas, as applicable) and also to us via our Customer Service Hotline 1693 (Daily 9am-9pm) within 24 hours of such occurrence.
4.7 You may not resell, distribute, provide or sub-license any Service(s) (including Products) to any third party, whether for profit or not, without M1’s express approval in writing.
4.8 Where applicable, this Agreement will be treated as a re-contract of the service(s) with M1 and you agree to be wholly liable for the Service(s) rendered hereunder. Customers who are 18 years old as at or after 1 March 2009 and opt to re-contract any Service(s) will be subject to the law effective as at 1 March 2009.
5. LIMITATION OF LIABILITY & DISCLAIMER OF WARRANTY
5.1 The Site and all Content and Services provided on the Site are provided on an “as is” and “as available” basis and you accept that your access or use of the Site (and all Content and Services provided on the Site) are at your own risk. M1 expressly disclaims 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. Without prejudice or limitation to the foregoing, M1 makes no warranty as to the sequence, accuracy, completeness, security, compatibility, timeliness, reliability, quality, suitability, reliability, originality or non-infringement of any Content or Service obtained or provided on the Site. M1 does not warrant that the Site and any Service provided on the Site will be provided uninterrupted or available at all times or free from errors or that any identified defect will be corrected; further, no such warranty is given that the Site and any Services provided on the Site and access to them are free of viruses, malicious destructive or corrupting code or program or other harmful components. M1 shall not be responsible for any interruption, disruption to or deterioration in the quality, reliability or accuracy of any service or any technical issue that may arise from or in relation to any Service that customer may have connected to any device. If a customer has difficulties in accessing the Site, M1 may, at its sole and absolute discretion, extend help and assistance to such customer as an act of goodwill but shall in no event be obliged to provide the same. The provision of such help and assistance shall in no event be deemed an acknowledgement and/or acceptance of any liability on M1’s part.
5.2 Without prejudice to the foregoing, and to the fullest extent allowed by the law, in no event shall M1 be liable for any direct, indirect, incidental, special, punitive or consequential damages, losses, costs or expenses including without limitation loss of revenue or profit (collectively, “Losses”) whether based on warranty, contract, tort, including negligence, strict liability under statute or otherwise, and whether or not M1 is advised of the possibility of such Losses suffered or incurred by the Customer by reason of or in connection with the use of the Site and Services provided on the Site.
5.3 Notwithstanding the above, if for any reason M1 cannot rely on the limitations of liability set out hereinabove and M1 is deemed liable to you, M1’s maximum liability in contract, tort (including negligence or breach of statutory duty) or otherwise to you and anyone who uses our Services (except for death or personal injury to the extent required by law) shall be, limited to the lower of Singapore Dollars Five Thousand only (S$5000) or the total of your three (3) months’ charges preceding the event or series of events.
6. INDEMNIFICATION
6.1 You agree to indemnify and hold each of the relevant M1 entity and its directors, officers, employees, suppliers, vendors, licensors, agents and any third party content providers harmless from any claims, demands, losses, damages or expenses (including legal fees), arising from, relating to and/or in connection with (a) your use of the Site and/or use of the Content and/or Services therein; and/or (b) your breach of any of the Terms and Conditions herein.
7. GENERAL TERMS
7.1 No delay or failure by M1 to take any action or to enforce or exercise any of its rights in this Agreement will operate as a waiver of such rights by M1, nor will such failure or delay in any way prejudice or affect M1’s rights at any time thereafter to act strictly in accordance with M1’s rights in this Agreement.
7.2 This Agreement and any rights, obligations and licenses granted therein may not be assigned or transferred by you, but may be assigned or transferred by M1 without restriction.
7.3 This Agreement constitutes the entire agreement between you and M1 and supersedes all prior agreements, understandings, writings, proposals, representations and communications, oral or written, whether by you or M1, with respect to the subject matter of the Agreement and the transactions contemplated by it.
7.4 If any of these Terms and Conditions is held to be unenforceable, invalid or illegal for any reason, that provision shall to the extent permissible be severed from this Agreement, save and except that the remaining provisions shall remain in full force and effect to the extent applicable.
7.5 A person (including any user) who is not a party to this Agreement has no right to enforce any of these Terms and Conditions under the Contracts (Rights of Third Parties) Act (Cap 53B).
7.6 This Agreement shall be subject to and construed in accordance with the laws of the Republic of Singapore and you agree to submit to the exclusive jurisdiction of the Singapore courts. .