Store & Share Service - Specific Terms and Conditions ("Store & Share Terms")
Please read the following Store & Share Terms carefully, before using the Service (as defined below). By accessing and/or using the Service, you will be deemed to have read, understood and accepted these Store & Share Terms.
1 DEFINITIONS AND INTERPRETATION
1.1 In these Store & Share Terms, the following expressions shall have the following meanings:-
"Commencement Date" means the date on which Service to the Customer shall commence pursuant to SingNet or SingTel Mobile's acceptance of the Customer's application for the Service;
"Customer" means any person who applies or subscribes for or utilizes the Service;
"General Terms and Conditions" means SingTel's General Terms and Conditions of Service, which is accessible at http://www.singtel.com
as may be amended from time to time by SingTel;
"SingNet" means SingNet Pte Ltd;
"SingNet Specific Terms" means SingNet's specific terms and conditions of service, which is accessible at http://www.singnet.com
as may be amended from time to time by SingNet;
"SingTel" means Singapore Telecom Mobile Pte Ltd;
"SingTel Mobile" means SingTel Mobile Singapore Pte Ltd;
"SingTel Mobile Specific Terms" means SingTel Mobile's specific terms and conditions of service, which is accessible at http://www.singtel.com
as may be amended from time to time by SingTel Mobile;
"Login UserID" means any number or alphanumeric symbols or characters initially assigned by SingNet or SingTel Mobile to the Customer to be used by the Customer, in relation to the Service;
"Password" means any number or alphanumeric symbols or characters initially assigned by SingNet or SingTel Mobile to the Customer to be used by the Customer, in relation to the Service;
"Service" means the virtual storage service provided by SingNet or SingTel Mobile to the Customer, which allows the Customer to backup, download, access, use, share, store, view, stream, browse their data and various other multimedia content uploaded through means of (i) web portal (ii) desktop file transfer, or (iii) mobile backup;
"SingTel Group Company" means SingTel and each related corporation of SingTel within the meaning under the Companies Act of Singapore;
"Subscription Fee" means such fee as shall be stipulated by SingNet or SingTel Mobile to be payable by the Customer to SingNet or SingTel Mobile for its provision of the Service to the Customer
1.2 In addition to these Store & Share Terms, the Customer shall be bound by and shall fully observe and comply with the General Terms and Conditions, the SingNet Specific Terms, the SingTel Mobile Specific Terms and such other terms and conditions as may be agreed or accepted by the Customer (which terms and conditions shall be deemed incorporated by reference).
1.3 The rights and protections conferred on SingNet or SingTel Mobile under these Store & Share Terms shall be additional to the rights and protections conferred on SingNet or SingTel Mobile under the General Terms and Conditions, the SingNet Specific Terms, SingTel Mobile Specific Terms and any other terms and conditions agreed or accepted by the Customer. In the event of any inconsistency between these Store & Share Terms and/or the General Terms and Conditions and/or the SingNet Specific Terms and/or the SingTel Mobile Specific Terms, these Store & Share Terms shall prevail.
1.4 The words and expressions used in these Store & Share Terms that are defined in the General Terms and Conditions, the SingNet Specific Terms or the SingTel Mobile Specific Terms but are not defined herein, shall have the same meanings as defined in the General Terms and Conditions or the SingNet Specific Terms, or the SingTel Mobile Specific Terms unless the context otherwise requires.
1.5 The headings or titles to the clauses in these Store & Share Terms are to facilitate reference and shall not be referred to or relied upon in the construction of any provision of these Store & Share Terms.
2 MINIMUM SUBSCRIPTION PERIOD AND TERMINATION OF SERVICE
2.1 The Customer shall subscribe for the Service for a minimum period of two (2) months commencing from the Commencement Date ("Minimum Subscription Period").
2.2 Upon expiry of the Minimum Subscription Period, the Customer's subscription to the Service shall automatically continue on a month-to-month basis at the prevailing Subscription Fee. The Customer may terminate the Service at any time after the Minimum Subscription Period by calling SingNet or SingTel Mobile's customer care hotline at 1688 or through any other mode prescribed by SingNet or SingTel Mobile from time to time.
2.3 Should the Service be terminated by the Customer before expiry of the Minimum Subscription Period, the Customer shall be liable to pay SingNet or SingTel Mobile the early termination charges ("ETC") together with any and all charges, which has been discounted, waived or reduced by SingNet or SingTel Mobile on the basis that the Customer subscribes or utilises the Service for the Minimum Subscription Period (such charges to be computed retroactively as from the Commencement Date). The ETC shall be computed in accordance with the following formula:
ETC = Monthly Subscription Fee for the Service x Number of remaining months of the Minimum Subscription Period (including the month of termination)
2.4 Upon termination of the Service, any files, data and information of the Customer will be removed from the server. Neither SingNet nor SingTel Mobile shall be responsible for restoring these files under any circumstances. The Customer shall be responsible for downloading and backing up all their files, data and information prior to termination and neither SingNet nor SingTel Mobile shall have any liability whatsoever for any failure of the Customer to download or backup their files, data and information.
3 ELIGIBILITY FOR THE SERVICE AND REGISTRATION FOR THE SERVICE
3.1 The Customer is eligible to subscribe and use the Service only if the Customer satisfies the following requirements:-
(a) The Customer is a Singaporean citizen or Permanent Resident in Singapore holding a valid NRIC or FIN;
(b) The Customer agrees to abide by and comply with these Store & Share Terms at all times;
(c) The Customer has provided all information SingNet or SingTel Mobile requires in connection with his registration and application for the Service and that all such information, is accurate and complete; and
(d) The Customer maintains and updates promptly the said information provided so as to ensure its accuracy at all times.
2.4 Provided always that a new Customer downloads the Service from the iTunes App Store or Google Android Marketplace (for new SingTel Mobile Customers) or by logging in to http://express.singtel.com
(for new SingNet Customers), the Service shall be bundled free for new SingNet or SingTel Mobile Customers in the following manner:
(a) 2 GB for all new SingTel Mobile Customers;
(b) 2 GB for all new SingNet ADSL broadband Customers; and
(c) 10 GB for all new SingNet fibre broadband Customers.
4 SERVICE REQUIREMENTS AND LIMITATIONS
4.1 For SingNet Customers: The Customer acknowledges that he has a PC that meets or exceeds the following PC requirements, for optimal viewing and usage of PC applications within this Service:
(a) Processor capable of running Windows XP / Vista 32-bit or 64-bit
(b) Memory: 256 MB
(c) Disk space: 50 MB free HD space
(d) Additional space is needed for large files backup purpose
(e) Internet connection
4.2 For SingTel Mobile Customers: The Customer acknowledges that he has a mobile phone that meets or exceeds the following mobile platform operating system requirements, for optimal usage of the mobile phone applications within this Service.
(a) Mobile platform running Symbian / iPhone / Andriod operating system
(b) Internet connection
4.3 The Customer further acknowledges and accepts that:
4.3.1 The Service is made available for the purpose of backing up content located on any compatible device of the Customer which is used to access the Service;
4.3.2 The Service is not an archiving software;
4.3.3 The Service is intended to backup only individual files of certain commonly used personal desktop applications, for example document, photo and video file types and is not intended to be used to backup (i) content from/made available through corporate network services, (ii) programs, (iii) operating systems or (iv) data formats commonly held on servers such as but not limited to databases;
4.3.4 The Customer shall refrain from saving or attempting to save, through the Service, content that is not primarily located and stored on the Customer's internal computer hardware (e.g. external storage devices or content stored on an internal and/or external network);
4.3.5 Certain operations are carried out from time to time automatically by default during which the Service may be interrupted and/or unavailable;
4.3.6 The Service is made available for the purpose of storing, backing up and sharing content (i) for which the Customer holds the reproduction and/or communication rights and (ii) which is not illegal under applicable laws; and
4.3.7 When the provisioned storage limit is reached, the Customer will no longer able to store any files, data and information onto the storage space, unless the Customer upgrades his plan.
5 CUSTOMER'S ACKNOWLEDGMENTS AND WARRANTIES
5.1 The Customer acknowledges and agrees that:
5.1.1 The Service is provided to the Customer on an "as is" basis and for the Customer's personal use only;
5.1.2 SingNet or SingTel Mobile may need to amend the Service from time to time (including but not limited to introducing new applications and modifying the user interface) without prior notice to the Customer;
5.1.3 Customer shall be provided with storage space according to their respective subscription (or such other amount as SingNet or SingTel Mobile may determine from time to time) and Customers may purchase more storage space through any of the modes prescribed by SingNet or SingTel Mobile from time to time upon payment of the prevailing charges for such additional storage space;
5.1.4 Storage space pursuant to the Service shall be provisioned in corresponding multiples of storage space (in GB) based on the Customer's respective subscription plan provided always that each Customer shall be limited to a maximum of 50GB of storage space; and
5.1.5 The storing, downloading, access, use, distribution or sharing of copyright material is restricted by law without the consent of the copyright owner and the Customer shall ensure that no unauthorized material or content is obtained, stored, copied, distributed, used or misused in any manner and the Customer shall be solely liable for any claims or actions arising from a breach thereof.
5.2 The Customer shall comply with all applicable laws when using the Service and shall be solely liable for use of the Service and all content, material, data or information stored, downloaded, accessed, used, distributed or shared by the Customer through the use of the Service.
5.3 The data, content and information made available pursuant to the Service may be provided by third parties and the Customer shall comply with any restrictions, requirements or terms and conditions imposed by such third party for any storage, use or access of these third party data, content and information.
5.4 Neither SingNet nor SingTel Mobile shall be responsible for any content stored or accessible through use of the Service whether in relation to the accuracy, timeliness, adequacy, integrity, safety, legality, suitability for any particular purpose or otherwise;
5.5 The Customer shall not use the Service:
(a) for any unlawful purposes;
(b) for sending to, receiving from or displaying any information which is offensive on moral, religious, communal or political grounds, or is abusive, or of an indecent, obscene or menacing character or is against public interest;
(c) to cause any threat, harassment, annoyance, inconvenience or needless anxiety to any person whatsoever;
(d) to post or transmit any information which contains a virus, worm, cancelbot, trojan horse, time bomb, or other harmful matters;
(e) to copy, upload, post, publish, transmit, reproduce, or distribute in any way or manner whatsoever information, software, or other material, which is protected by copyright or other proprietary right or derivative works with respect thereto without obtaining permission of the copyright owner or rights-holder; or
(f) to use the Service in any manner which may adversely affect SingNet or SingTel Mobile's network, other Customer's use of the Service or any other service provided by SingNet or SingTel Mobile or any SingTel Group Company, as SingNet or SingTel Mobile may reasonably determine.
5.6 SingNet and SingTel Mobile reserve the right in its absolute discretion to suspend, discontinue and/or terminate (in whole or in part) the Service without any liability whatsoever to the Customer.
5.7 Upon any termination, suspension or discontinuation of the Service, all data stored by the Customer will be deleted and the Customer's account for the Service shall be removed and the Customer shall in no event hold SingNet nor SingTel Mobile liable for any such deletion or removal of data.
5.8 The Customer acknowledges that any data deleted or removed for any reason will no longer be available for retrieval subsequently even in the event that the subscription to the Service is resumed or reinstated.
5.9 Neither SingNet nor SingTel Mobile shall be responsible for any loss of data or information pursuant to the use of the Service by the Customer.
5.10 The Customer shall be solely responsible for managing the use of the storage capacity of the Service such that it is within the capacity allocated to the Customer or as may be stipulated by SingNet or SingTel Mobile from time to time.
5.11 The Customer agrees to defend, indemnify and hold faultless SingNet, SingTel Mobile and any SingTel Group Company 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 the use of the Service by the Customer.
5.12 The Subscriber shall, when required by SingNet, SingTel Mobile or any regulatory authorities, assist SingNet, SingTel Mobile or the regulatory authorities in any investigation relating to the Service
5.13 The use of the Service shall constitute acceptance of these Store & Share Terms.
6 PASSWORD AND SECURITY
6.1 The Customer shall protect the secrecy of his Login UserID and Password at all times and shall ensure that the Login UserID and Password are not revealed or disclosed in any manner whatsoever to any person or persons whomsoever. The Customer shall be fully responsible for all use and liability resulting from access to the Service with the Customer's Login UserID and Password.
6.2 The Customer shall be solely responsible for all transactions carried out under the respective Customer's account for the Service, whether such transactions are conducted by the Customer or by any other person on the Customer's behalf or otherwise, and irrespective of whether the Customer is aware of, has consented to or has authorized such other person to carry out transactions under the Customer's account using the Service. The Customer further acknowledges that use of his mobile phone as a hotspot for tethering purposes may grant other users full access and control of the content, data and information on the Customer's Store & Share account.
6.3 The Customer shall inform SingNet or SingTel Mobile if he suspects that his Login UserID and Password has been compromised in any manner and shall take any actions required by SingNet or SingTel Mobile including but not limited to changing the Password immediately. Neither SingNet nor SingTel Mobile shall be responsible for any losses arising out of the unauthorized use of the Customer's account.
7.1 The Customer agrees to notify SingNet or SingTel Mobile of any defect in the operation of or the provision of the Service.
7.2 SingNet or SingTel Mobile may charge the Customer for reasonable cost and expenses in providing maintenance of Service where the need for such maintenance arises out of:
7.2.1 Misuse, neglect or damage to the Service by the Customer;
7.2.2 Any fault or other problem with the Customer's own property, or other property not forming part of the Service; or
7.2.3 The Customer's failure to reasonably comply with the provisions of these Store & Share Terms.
8 MANAGEMENT OF SYSTEMS & CUSTOMER DATA
8.1 SingNet and SingTel Mobile reserve the right to manage and control access to any computer or any SingTel system or any computer linked to any SingTel system and any data stored therein, in a manner deemed appropriate by SingTel, and to delete any data (whether belonging to, provided or stored by the Customer or otherwise), notwithstanding that such access and the storage of such data is a requirement or constitutes a part of the Service.
8.2 The Customer agrees that SingNet and SingTel Mobile and/or any SingTel Group Company shall be entitled to use or disclose any information or data disclosed by the Customer in accordance with Clause 15 of the General Terms and Conditions. The Customer is entitled to withdraw such consent according to the procedure as prescribed by SingNet or SingTel Mobile or any SingTel Group Company from time to time.
9 SUBSCRIPTION FEE AND OTHER CHARGES FOR THE SERVICE
9.1 Customers shall pay the prevailing Subscription Fee and any additional fees and charges incurred by the Customer (as may be determined by SingNet or SingTel Mobile from time to time) for the use of the Service, including but not limited to any charges for additional storage (if applicable) provided always that the minimum Subscription Fee and/or any charges for additional storage (if applicable) for the Service shall be based on the respective price plan.
9.2 SingNet and SingTel Mobile reserve the right to amend and/or vary the Subscription Fees and/or any other fees and charges in relation to the Service at any time and from time to time without prior notice.
9.3 Prevailing data charges shall apply. All fees and charges in respect of the Service are subject to goods and services tax and do not include internet access subscription charges and other fees chargeable by your telephone service provider or other third parties.
9.4 If the SingNet broadband account belonging to the Customer is suspended or terminated for any reason, SingNet reserves the right to likewise suspend or terminate the Service in respect of such Customer.
9.5 The Subscription Fee and any additional fees and charges which may be incurred by the Customer in respect of the Service shall be based on the highest storage usage amount of the Customer on any day during each Month (or any part thereof). SingNet and SingTel Mobile shall be entitled to determine in its sole discretion as to the frequency and timing of any recording of a Customer's storage usage amount for purposes of the Subscription Fee and any additional fees and charges in respect of the Service.
10 DISCLAIMERS AND LIMITATION OF LIABILITY
10.1 The Customer acknowledges and accepts that SingNet, SingTel Mobile and/or any SingTel Group Company:
10.1.1 expressly excludes any guarantee, representation, warranty, condition, term or undertaking of any kind, express or implied, statutory or otherwise or any representations or warranties arising from usage or custom or trade or by operation of law, including (without limitation) as to the sequence, originality, correctness, completeness, accuracy, timelines, completeness, currency, non-infringement, merchantability or fitness for any particular purpose in relation to the Service;
10.1.2 shall not be liable to the Customer for any loss, liability, costs, damage, claim or compensation whatsoever (whether direct, indirect or consequential) in respect of any matter of whatever nature and howsoever arising (whether in tort, negligence or otherwise) in connection with the provision and/or use of the Service; and
10.1.3 to the fullest extent permitted by law exclude all warranties, rights and remedies (including warranties implied by statute or otherwise) that the Customer would otherwise be entitled to by law.
10.2 do not warrant that the Service will satisfy the Customer's requirements or that the Service will be uninterrupted or error free or that defects in the Service will be corrected or that the Service will not damage or interfere with other services or features of any device or equipment used by the Customer for the Service.
11.1 SingNet and SingTel Mobile reserve the right to amend these Store & Share Terms at any time and the Customer shall be bound by the terms and conditions so amended. If the Customer continues to use the Service after such notice, he shall be deemed to have accepted the amendment.
11.2 Any Clause in these Store & Share Terms, the General Terms and Conditions, the SingNet Specific Terms, the SingTel Mobile Specific Terms or any other terms and conditions as may be agreed or accepted by the Customer, that is invalid, unenforceable or illegal shall be enforced as nearly as possible in accordance with its terms, but shall otherwise be deemed severed and shall not affect the enforceability of any other Clauses, which Clauses shall continue to be valid and enforceable to the fullest extent permitted by law.