These Specific Terms and Conditions set forth the terms and conditions which shall apply to the use of the Service by you. In addition to these Specific Terms and Conditions, any and all provisions of M1 Limited's General Terms and Conditions and M1 Net Ltd's General Terms and Conditions (as may be applicable) are also incorporated by reference shall also apply to the Service, unless otherwise expressly stated in these Specific Terms and Conditions. In the event of any conflict or inconsistency, such conflict or inconsistency shall be resolved in the manner most favourable to M1 Limited and M1 Net Ltd.
In these Specific Terms and Conditions:
"Agreement" means these Specific Terms and Conditions;
"Charges" means any and all activation, installation, administrative, service call fees, subscription fees and/or any other applicable rates, fees or charges to be paid by you in respect of the Service and/or the Equipment, as published by us from time to time;
"Service" means the M1 Cyber Guardian service;
"M1", "we", "us" or "our" means M1 Limited or M1 Net Ltd (as the case may be);
"You", "your" or "Subscriber" means a subscriber of the Service, having an account authorised by M1 for access to and use of the Service ("Account").
The Service is provided by M1 to you for residential and personal use only, and you may not use the Service for commercial purposes, including without limit, re-selling or otherwise commercialising the Service, unless otherwise expressly agreed by M1 in writing.
You will be charged, and you agree to pay, a recurring subscription fee for the Service at the respective published rates, which may be subject to change from time to time by us upon notice to you. The subscription fee will be billed monthly in advance, unless otherwise expressly agreed by us in writing.
In the event that you are not satisfied with the Service or this Agreement, you may and your sole and exclusive remedy is, to discontinue your use of the Service and terminate our provision of the Service by calling our Customer Service Hotline at 1627 or by faxing or writing to us, and giving us one (1) day's notice of your such intention.
We shall have the right to, at any time, change or otherwise modify any aspect or feature of the Service. We shall have the right to, at any time, amend any Charges and any terms of this Agreement, by publishing such amendments on this website. Your continued use of the Service will be deemed as your acceptance of such amendments.
You may not temporarily disconnect or suspend the service.
All intellectual property in or relating to the Service belong to M1 or its licensors. Nothing in this Agreement shall be construed as granting you any license or right to use any intellectual property in or relating to the Service without the prior express agreement of M1. You shall not, and shall not attempt or allow any other person to tamper with, modify, decompile, disassemble, reverse engineer or otherwise attempt to derive the source code of the Service including the software or otherwise in any manner not expressly agreed by M1.
You shall use the Service in accordance with this Agreement for lawful purposes only, and in accordance with all applicable laws and regulations.
You shall be fully and solely responsible to safeguard your personal information (including your login name and password) and for all use under your Account, including but not limited to bearing any and all payment obligations for Charges arising from your Account, whether incurred by you or any other person under your login name and/or password, whether such use is authorised or not. You shall ensure that all use of your Account and/or the Service, whether by you or any other person, fully complies with the terms of this Agreement as may be amended from time to time, and all applicable laws and regulations.
Unless we provide our express agreement to the contrary, you acknowledge and agree that (a) the Service is provided for personal use only; (b) you shall not resell the Service to other persons whether for profit or otherwise; and (c) you shall not charge other persons for use of the Service.
You acknowledge and agree that we shall have the right (but not the obligation) to monitor any and all transmission(s) via the Service and under your Account, that we shall have the right and sole discretion to determine whether the transmission violates this Agreement, including any part of Clause 4 herein, and that you shall abide by such determination.
The Service is unable to:
filter access to the content or applications that have already been downloaded on the mobile or tablet device or PC;
filter streaming content and content access via secure web sites (https), RTSP protocols, corporate APN, VPN and via Wi-Fi, other than on the M1 Mobile and Fibre networks.
You acknowledge and agree that the Service is not 100% accurate and M1 makes no warranty of filtering accuracy. This Service is not and cannot be used as a substitute for adult supervision.
You acknowledge and agree that, in the event that your use of the Service is suspected of any activities which may be improper, offensive, indecent, objectionable, unlawful or illegal, we may suspend and/or terminate the Service and/or inform the relevant authorities and/or act in conformity with the relevant authorities' directions or guidelines, without prior notice to you.
LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTY
For the avoidance of doubt, the exclusion and limitation of liability clauses in the M1 Limited General Terms and Conditions/ M1 Net Ltd General Terms and Conditions shall apply in respect of the Service in favour of M1. In the event of any conflict or inconsistency, such conflict or inconsistency shall be resolved in the manner most favourable to M1 Limited and M1 Net Ltd.
Neither M1 nor any of its affiliates, subsidiaries, directors, officers or employees warrant that (a) the Service will be accessible, reliable or available, or be without disruption, interruption or errors; (b) the results, information, contents or materials derived from the use of the Service are accurate, reliable or suitable for its users. You hereby acknowledge and agree that the use of the Service is at your sole risk.
The Service, and the Equipment and any work performed in respect of the Service (if applicable), are provided on an "as is" and "as available" basis without warranties of any kind whatsoever, whether express or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose or non-infringement.
Neither M1 nor any of its affiliates, subsidiaries, directors, officers or employees shall have any liability whatsoever in respect of any loss of data suffered arising from the use of the Service howsoever caused.
We shall not under any circumstances whatsoever be liable for any delay, failure, or default of the Service (including but not limited to any failure, interruption, disruption or downtime in our network services), or for any event or incident attributable to any of the matters aforesaid or under this Agreement. For the avoidance of doubt, we offer no service guarantees in respect of the Service. In the event however that we are found to be liable under a court order, the limits of liability under the applicable M1 General Terms and Conditions shall apply.
We expressly disclaim to the fullest extent allowed under any law, any and all liability for acts, omissions and conduct in connection with or related to your use of the Service as well as the acts, omissions and conduct of any third parties in connection with or related to your use of the Service.
SUSPENSION AND TERMINATION
In addition to the grounds for suspension and termination as set forth in the M1 General Terms and Conditions, we may also terminate this Agreement and/or suspend the Account if as result of factors beyond our control, including without limitation, acts of God, natural disaster, regulation or acts of government authorities (including removal of any applicable license and issuance of court order), fire, civil disturbance, strike or inclement weather, failures by our suppliers, we are unable to provide the Service or the connection to our network.
You hereby agree to fully indemnify, defend and hold harmless M1 and its affiliates, subsidiaries, directors, officers and employees from and against any and all claims, losses, liability, claims, damages (whether direct or indirect) and expenses (including legal expenses) or proceedings and whether in an action based on contract, negligence or any other action, arising out of or in connection with the failure or delay in the performance of the M1 Cyber Guardian measures, whether due to our negligence or not.
M1 may at any time amend, delete or revise any of terms of this Agreement or any other terms and conditions applicable to you, and/or withdraw, suspend or supplement the Service (in whole or in part). All such amendments will be published on this website and you agree that such publication is sufficient notice to you of such changes. Please ensure that you check back periodically and are aware of such amendments. Your continued use of the Services will be deemed as your acceptance to such amendments.
You agree that your use of the Service, this Agreement and other terms and conditions applicable to you, shall be governed by and construed in accordance with the laws of Singapore. You also agree to submit to the exclusive jurisdiction of the Singapore courts.
No delay or failure by M1 to take any action or to enforce or exercise any of its rights under these Terms and Conditions 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 our rights under these Terms and Conditions.
If any of these Terms and Conditions or other terms and conditions applicable to you is held to be unenforceable, invalid or illegal for any reason, that clause shall be severed from such terms and conditions, save and except that the remaining clauses shall remain in full force and effect.
THIRD PARTY RIGHTS
Save for the M1 Group entities, no person who is not a party to this Agreement has any rights under the Contracts (Rights of Third Parties) Act, Chapter 53B of Singapore to enforce or enjoy the benefit of any term in this Agreement.