ZΩH Terms and conditions
ZΩH Mobile Plan is provided by Lifeway Singapore Pte Ltd. Your activation and continued use of the ZΩH mobile plan constitutes acceptance of our terms and conditions as amended from time to time. We use your personal data for service provisioning, marketing, security, and compliance as further described in our prevailing data protection policy.
You can subscribe for the Services if you are at least 18 years old. We may refuse to provide Services at our discretion.
2. How to sign-up:
2.1 You can sign-up for the Services via ZΩH website or ZΩH App.
2.2 You must follow our sign-up process and provide all correct information and supporting identification documentation (including but not limited to NRIC, passport, and employment pass) as requested in the sign-up process. In the event of any non-submission or non-approval of identification documentation, we reserve the rights to decline your request, recall and release the mobile number you have selected.
2.3 You will need to verify your account with a valid identification (“ID”) within 7 working days from the date of signing up for your ZΩH plan/line/the Services. You will be triggered via email and/or ZΩH App to update your account with a valid ID for verification.
2.4 If you do not successfully verify your account with a valid ID within 7 working days from the date of signing up for your ZΩH plan/line/the Services, we reserve the right to terminate your ZΩH plan/line/the Services immediately without further notice and liability. No refunds will be given to you under any circumstances.
2.5 If you wish to retain your active non-ZΩH post-paid mobile number, you can request for Port-In Service.
2.5.1 “Port-In Service” is a service provided by ZΩH which allows you to port-in your line from your current mobile service provider (“Donor”) to ZΩH line. When you select the option to port-in, you consent to the release of your information to a third-party central number port service provider and/or the Donor for the purpose of activating the Port-In Service.
2.5.2 For your Port-In Service request to be successful, you must ensure the following conditions are fulfilled: (i) the non-ZΩH mobile line to be ported-in is an active post-paid number. Prepaid mobile lines are not supported; (ii) the non-ZΩH mobile line is registered under the same full name and ID as the ZΩH line you have registered with us, ZΩH is not able to perform Transfer of Ownership for customers; and (iii) you have paid all outstanding charges (if any) to the Donor prior to the commencement of the Port-In Service.
2.5.3 Upon commencement of the Port-In Service, which is upon successful SIM card delivery, your existing contract with the Donor shall automatically terminate.
2.5.4 If your Port-In Service request is rejected by ZΩH due to any outstanding issues with the Donor, you shall resolve these outstanding issues with the Donor directly. If you fail to resolve any outstanding issues with the Donor, your Port-In Service request will be unsuccessful. However, you can continue to enjoy the Services on the new ZΩH mobile number that has been allocated to you. There will be no refund of fees for any reason related to unsuccessful Port-In Service request.
3.1 The Services are provided on a post-paid basis and based on a SIM-only plan. Unless otherwise agreed by us, you can sign up a maximum of 12 lines under your name or account.
3.2 The Services start on the day the SIM card is activated and will continue for the calendar month of activation.
3.3 The Services will be automatically renewed for successive periods of 1 calendar month each (“renewal cycle”) unless terminated in accordance with these terms & conditions.
3.4 The Services consist of a base plan and extras or optional services, if subscribed by you. We reserve the right to decline requests, cancel or amend orders at our sole and absolute discretion.
3.5 Data, SMS and Talk time add-on:
3.5.1 You can sign up for Data, SMS and Talk time add-on to instantly top up your local mobile data, SMS and talk time at any time via the App or our website.
3.5.2 You can sign up for Data, SMS and Talk time add-on multiple times. However, each sign-up will be valid and aligned to your current renewal cycle.
3.5.3 Payment for Data, SMS and Talk time add-on is made at the point of purchase.
3.5.4 You will need to select one of the available payment options.3.11.5 All Data, SMS and Talk time add-on will immediately and automatically expire at the end of the existing month or renewal cycle without notice. Any unused balance of Data, SMS and Talk time pack will also be immediately and automatically forfeited without notice. Data from Data pack will not be accumulated.
3.6 ZΩH Roaming
3.6.1 To use data roaming overseas you will need a ZΩH Roaming plan (“ZΩH Roam”), which may only be purchased via the ZΩH website or mobile application.
3.6.2 To purchase or activate ZΩH Roaming plans, you will need a ZΩH Mobile Plan registered under your company UEN/BRN.
3.6.3 ZΩH Roam can only be used for overseas data roaming. ZΩH Roam support overseas local calls, international calls, overseas local SMS, international SMS.
3.6.4 Availability of the mobile data service is subject to availability of a suitable type of mobile equipment; availability of resources including, without limitation, availability of a suitable network infrastructure at the time when the service is requested or delivered; and geographic and technical capability of the ZΩH Mobile network, roaming partner networks, and of ZΩH Mobile’s delivery systems at the time and location when the service is requested or
delivered. User must ensure that Mobile Data and Data Roaming are enabled on their device and the Access Point Network (APN) setting on their device.
3.6.5 ZΩH Roaming can be activated or purchased up to one (1) day in advance. Activation date and time will be indicated when user selects before a purchase. ZΩH Roaming validity is subject to the numbers of days of each plan.
3.6.6 Data roaming services will be deactivated once the data bundle has been completely utilized. No additional charge will be imposed.
3.6.7 All unused data will automatically deactivate at 2359hours, Singapore Time or GMT+8 on the date of expiry.
3.6.8 When ZΩH Roaming is active, each additional purchase of a ZΩH Roaming plan for the same territory will extend the validity and increase the data allowance of the total data bundle for such territory by the amounts set out in the additional ZΩH Roaming plan, from the date of the additional purchase.
3.6.9 Once you have successfully purchased ZΩH Roam, it cannot be cancelled. Your ZΩH Roam
charges are non-refundable.
3.6.10 Non-Commercial and Fair Usage Policy of ZΩH Roam data
i. Customers are to use all roaming services strictly for personal and non-commercial purposes only.
ii. To ensure that the activities of some users do not impair the ability of Customers to have access to fast and reliable mobile internet service, this service is conditional on fair usage by Customers.
iii. If Customers exceed the Daily Fair Usage, ZΩH will impose a daily speed limit (1Mbps) on data roaming service without prior notification. This speed limit will be lifted at 0000hours the following day.
iv. Do note that data roaming speed may vary depending on:
i. Overseas network coverage
ii. Overseas network capacity
iii. Overseas operators’ Fair Usage Policy
iv. For more information on the Daily Fair Usage Policy, please refer here.
v. ZΩH Mobile Plan reserves the right, without notice or limitation, to deny, terminate, modify, throttle, disconnect or suspend services if an individual engages in unfair, excessive or abusive usage or if ZΩH Mobile Plan, at its sole discretion, determines that action is necessary to protect the network from harm or degradation.
vi. Customers shall not abuse, misuse, exhaust or otherwise take unfair advantage of ZΩH Roam to the detriment of other Users.
3.6.11 ZΩH Mobile Plan’s records relating to data usage and charges shall be conclusive evidence of the accuracy, completeness and truth of all matters stated therein and shall be binding on the User. The Customers agrees that ZΩH Mobile Plan’s decisions on all matters pertaining to data usage and charges are final. No further correspondence will be entertained in respect of the same.
3.7 Pay-Per-Use Roaming Rates
3.7.1 Pay-Per-Use Roaming Rates and destinations are subject to change without prior notice by the foreign network operators.
3.7.2 All voice and video calls are charged in 1-minute increments.
3.7.3 Video call service is only available for 3G roamers using 3G supported mobile device.
3.7.4 Receiving a call while overseas include both incoming call roaming rate and rerouted IDD call charges (from Singapore to the roaming destination). Roaming call and Rerouted IDD call are charged in 1 min increments. Rerouted IDD Calls are incoming calls you received (including rejected calls) while you were overseas and have been rerouted from Singapore to the country you are in. You will be billed the ZΩH IDD rate.
3.7.5 For USA, their operators will start charging after 30 seconds of ringing even if incoming calls are unanswered. If you hang up the call before 30 seconds, no charges will be incurred. This is subject to change by our overseas roaming partners.
3.7.6 Call forwarding service may not be supported by all foreign network operators.
3.7.7 Sending and receiving of SMS while overseas is not supported if the foreign network operator does not have a roaming arrangement with ZΩH mobile.
3.7.8 Using 3G Data service overseas is only available for users with 3G SIM cards and accessing 3G supported networks.
3.7.9 LTE roaming is only available for selected destinations. You will need to subscribe to a 4G vas
3.7.10 Data roaming usage, sending & receiving of MMS are charged in 10KB increments.
3.7.11 Sending an MMS while overseas is supported on selected foreign network operators and data roaming rate apply on this usage.
3.7.12 Some applications on mobile devices (e.g. BlackBerry, email) may require a constant exchange of small packets of data with a central server, even when they are in idle mode. This would result in a series of charges throughout the period that the devices are logged onto the foreign network.
3.8 You will not get bill shocks for the Services as we will not charge you beyond what you have subscribed and paid for. No excess charges will be charged. All data, outgoing minutes, outgoing SMS and IDD calls will stop upon full utilisation. You will not be able to use excess data, outgoing minutes, outgoing SMS and IDD calls above and beyond what you have subscribed and paid for. You will, however, continue to receive incoming minutes and incoming SMS as they are free.
3.9 Usage alerts: You can set your preference for local and roaming data alerts so that you know how much data you have consumed and so that you can plan ahead and top-up data before your data runs out. You will be notified of such alerts via in-app notification and SMS.
3.10 Data usage priority: Subject to these terms & conditions, your data will be deducted according to the following list of priority, with an item above having priority over the item below it:
(i) free bonus data (if any, which may be offered during promotions)
(ii) data under any of the Extras
(iii) data entitlement from Base Plan
3.11 Customer service support: We provide customer service support on various digital channels via the App, our website, ZΩH Facebook Messenger and ZΩH WhatsApp. While we try to provide effective and timely customer service support, response times may take longer during peak periods.
3.12 In the course of your interaction with the members of our customer service support team, you may request for or receive quotations of prices for some of our Services. Unless otherwise stated, the prices quoted will be at the prevailing rates on the date of quotation. We seek your understanding that these quoted prices may no longer be valid at the date of subscription. If you do choose to proceed with subscription, the prevailing rates at the time of purchase will be applicable.
3.13 Prices and payment
3.13.1 Unless otherwise stated by us, all prices listed on the App and our website are inclusive of GST.
3.13.2 All items or fees paid are non-refundable or exchangeable for cash, kind or any service or product.
3.13.3 There will be no returns or refunds for any unused value of lost, damaged or not activated SIM cards or unused, expired, cancelled or terminated plans, including but not limited to the Base Plan and add-on.
3.13.4 Once you subscribe for and receive any of our Services, you must pay for the Services even if they are used by someone else (whether with your consent or your knowledge).
3.13.5 We will only charge you for the Services you subscribe for. Our charges are calculated based on our records or, where applicable, the records given to us by a Service Provider.
3.13.6 You are responsible for all Taxes (including GST).
3.13.7 You can pay for the Services via recurring payment through acceptable credit or debit cards or other payment modes as may be determined by us from time to time.
3.13.8 All credit and debit cards used must be valid.
3.13.9 By signing up for recurring credit/debit payment, you and the cardholder agree to us debiting the relevant fees billed to the relevant line or account as nominated.
3.13.10 The recurring credit/debit payment will continue to be in effect until you terminate it or until we receive a notification from the cardholder’s card issuing bank. We reserve the right to terminate the recurring credit/debit payment arrangement at any time in our discretion.
3.13.11 If we are unable to make the deduction or settlement with the relevant bank for any reason whatsoever, you will be deemed to be in breach of your payment obligations and we shall be entitled to suspend and/or terminate your line or account without notice and liability, and we will not be responsible to you for such suspension and termination.
3.13.12 You use the recurring bill payment arrangement by credit card at your sole risk. To the fullest extent allowed by law, we do not give any assurances or guarantees, either express or implied, in relation to such recurring bill payment arrangements. We will not be liable for any loss, cost, delay, error, neglect, or omission in facilitating the payment under such recurring bill payment arrangement by credit card, or any unsuccessful payment.
3.13.13 While we do our best to ensure that the charges are as up to date as possible at the point of purchase, charges you incur for the Services could be included in the bill in the subsequent renewal cycle.
3.13.14 Each bill is conclusive evidence against you of the accuracy and completeness stated in it. You must pay all charges or fees without any counterclaim, deduction, set off or withholding.
3.13.15 If you do not agree with any of the charges or fees, you should immediately not continue with your purchase of the Services, otherwise you shall be deemed to have accepted and agreed to these terms and conditions, including charges or fees.
3.13.16 In the event that refunds are approved and refunded to you, the processing period for refunds will take up to 7 working days. We reserve the right to determine the method of refunds.
3.14.1 When your line or account is suspended, you will not be able to use any data, make any outgoing calls or minutes or outgoing SMS. To resume the Services, you must make payment as soon as possible. We reserve the right to charge a one-time Reconnection Fee to resume your full service.
3.14.2 Where you have obtained your mobile number from us, you may even lose your right to continue to use such mobile number even after you have made payment. Mobile numbers are not owned by you, and we reserve the right to take back and release the mobile number you have obtained from us in the event of your non-payment or delayed payment.
3.15 Cancellation or termination
3.15.1 If you wish to cancel or terminate the Services or line to avoid a renewal purchase, you can do so via the App (or our website if allowed by us) and cancellation must be requested at least 3 working days prior to the renewal date of the Services or line. Any cancellation or termination of the Services or line will only take effect on the last day of the month of your current renewal cycle.
3.15.2 You continue to enjoy all the Services that have been paid for in the current month up to the last day. No refunds will be given under any circumstances.
3.16 Port-Out Service
3.16.1 “Port-Out Service” is a service provided by ZΩH which allows you to port your ZΩH mobile line to another telecommunications provider. If you wish to request for Port-out Service, you must ensure the following conditions are fulfilled:
(i) your ZΩH mobile line is in active state (i.e., not cancelled or terminated)
(ii) your ZΩH mobile line has no pending/outstanding charges.
4. Your responsibilities
This clause describes your obligations to us if you wish us to provide the Services.
4.1 Your relationship with us
4.1.1 provide accurate and complete information to us, and inform us immediately if there are any changes to the information you gave us;
4.1.2 pay all charges for the Services you subscribe for, even where there is any suspension, interruption, or loss of the Services, and you must pay charges for any disconnection and/or re-connection of the Services (if any), whether this was caused by your request or your default.
4.1.3 comply with all applicable laws, rules and regulations, and any requirements or restrictions which we or the Service Providers may impose on the use of the Services.
4.1.4 comply with all instructions, notices or directions issued by us; and
4.1.5 take all reasonable steps to prevent fraudulent, improper, or illegal use of the Services.
4.2 Your use of the Services:
You must be responsible for the use of the Services you subscribe for. This would include: –
4.2.1 obtaining the appropriate permission if you use the communication services or equipment of third parties to access the Services.
4.2.2 not using or allowing the Services you subscribe for to be used in any unlawful way or in a way that could give rise to civil or criminal liability. This would include: –
220.127.116.11 posting, soliciting, transmitting, or disseminating Content which may be misleading, defamatory, offensive, indecent, objectionable, or illegal, or which may cause annoyance, harassment, or anxiety to anyone, including junk/spam mail, solicitations, or distributing mail to any party who has not given permission to be included in the distribution. Junk/spam emails do not have to be sent from your account or our Network to violate this Agreement. Emails sent by or through a third party that advertises or directs traffic or links to your account is considered sent by you. If someone alleges that you have breached any of these terms, we can require you to give evidence that you have not including adducing evidence of a “Confirmed Opt-In” mailing list where applicable.
18.104.22.168 if relevant, forging or issuing misleading message headers to mask the originator of the message or employing any other method to disguise or mislead anyone on the source or quantity of the emails transmitted.
22.214.171.124 posting, soliciting, transmitting, disseminating, advertising or storing Content that is pornographic or contains malware such as computer viruses, worms, trojan horses, time bombs, cancelbots or any other harmful, damaging or destructive programmes.
126.96.36.199 illegally, or without appropriate authority, accessing any part of the Services, the Network or any third-party equipment, accounts, systems or networks to which you can connect through the Services (directly or indirectly), or doing anything as a precursor to such an attempt (including port, stealth, security or penetration scans or other illegitimate information gathering activity) on our servers or network or the Service Providers.
188.8.131.52 disrupting or undermining the security of the networks and systems connected to the Services or violating the rules and regulations of such networks. This can include failing to update the App or accessing websites that are known to be vulnerable to malicious activity.
184.108.40.206 if relevant, collecting and/or disseminating information about others or their email addresses without their consent.
220.127.116.11 violating anyone’s rights, including their intellectual property and privacy rights, or anyone’s uninterrupted use of the Services or any networks, for any fraudulent, illegal or improper purposes.
18.104.22.168 reselling or providing any part or component of the Services, whether for profit or not, to third parties without our prior written consent.
22.214.171.124 advertising, transmitting, facilitating, or making any Content, product or service available that may breach this Agreement.
126.96.36.199 doing anything to generate excessive Network traffic beyond what is normal and reasonable, cause congestion to the Network, or cause any disruption, interference, interruption or degradation in the Network or our Services; and
188.8.131.52 doing anything, even if it is lawful, that we decide is harmful to our customers, operations, reputation, goodwill or customer relations.
You agree that these restrictions are reasonable and necessary for the operation, management and maintenance of the Network. However, if any of the restrictions are held by a court to be invalid for any reason but would be valid or effective if any part of its wording were deleted, you agree that the restriction shall apply to you with such deletions or amendments made so that it is valid and effective at law.
Your secrecy and security are important. This clause describes the actions you must take to protect the security of the Services.
5.1 Please keep your login identification, passwords, PINs, and other private information confidential. You are solely responsible for all activities that occur under your accounts, even without your consent or knowledge. If you use any login identification, password, or PIN that we deem to be insecure, that would be a breach of this Agreement.
5.2 We may refuse, change, or remove login identification, password(s) or PIN which we deem inappropriate or offensive.
5.3 You must take immediate action to remedy the situation if you discover or suspect that there has been any unauthorised use of your login identification, password(s) and/or PIN or that your account security has been compromised, including by immediately informing us and changing your password(s) and/or PIN.
5.4 You should change your password(s), PIN, or any other security identification regularly for your security.
5.5 We are not responsible for the security of your account, and any equipment, network, and systems you use to access the Services. We do not guarantee the security of any transmission you make.
6. Things we may have to do
This clause describes the actions we may take in providing the Services.
6.1 From time to time and to protect and enhance our systems and Service offerings, we will need to verify the accuracy of the information you provide to us. This could include cross tabulating with external databases. You agree to such actions by us.
6.2 We also must take appropriate actions to protect, maintain, improve and/or manage our Network and systems and to ensure smooth provision of our Services with or without notice to you. These include: –
6.2.1 carrying out maintenance and repair work to our hardware and software, that may involve interruption or suspension of some or all our Services. We will try to restore the affected Services as quickly as we can.
6.2.2 performing searches or scans of your Content/data and system.
6.2.3 managing and controlling access to the Network, even if access is a requirement or constitutes part of the Services; and
6.2.4 managing and controlling access to certain data stored in the Network, even if it belongs to third parties or customers.
We, or our designated Affiliates, may carry out any of the above actions in any manner we consider appropriate or necessary and we will not be liable to you or any third party for any loss, damage or expense that may result from this.
6.3 We will not intentionally monitor any electronic messages sent or received by you unless required to do so by law, governmental authority or with your consent. We may, however, monitor our service electronically to determine that our Services and Network are operating satisfactorily. We will not intentionally disclose your online communications or activities, except to comply with a court order or applicable laws, or where necessary to protect us and others from harm, or for the proper operation of our Services and Network.
7. Content, Products and Services
This clause describes how you should use the Content and Products you access using our Services.
7.1 You may access Content, products and/or services using the Services. You agree that:
7.1.1 all such Content, products or services will be the sole responsibility of the person from whom it originated, and we do not endorse or guarantee its accuracy, reliability, integrity, legality, or quality;
7.1.2 we are not liable for any Content, products or services which you may access, use or acquire via the Services;
7.1.3 you are solely responsible for all Content, products or services that you transmit or make available via the Services;
7.1.4 by using the Services, you may be exposed to third party Content, products or services that may be defamatory, offensive, indecent, objectionable, or illegal; and
7.1.5 we may without notice to you, remove, modify or deny access to any Content, products or services which you try to access, or which you transmit or make available via the Services, including without limitation such Content, products or services that may be or are alleged to be defamatory, offensive, indecent, objectionable or illegal or may have infringed any party’s intellectual property rights. We shall not be responsible for determining the validity of any such allegations.
7.2 In addition, we will not be liable for any problems you encounter, or for any non-delivery, non-performance or defects in any goods and services you obtain from, advertisers or any third parties on our website or through the Services. We are not responsible for such advertisers or third parties.
7.3 If any Services are provided to you on a free trial basis, the full Charges for that Service shall apply after the free trial period, without notice to you. You agree that display of the applicable Charges for the Services on our website or applications will constitute notice of the Charges.
8. Use of Network
This clause describes how you may use the Network for our Services.
8.1. Additional Rights
The provisions of this Clause are in addition and without prejudice to any other rights we may have over the Network and its use, whether granted by statute or otherwise.
You agree that we are always the owner of the Network.
8.3 Access and Maintenance
From time to time and to protect and enhance our Network, we will need to take appropriate actions to protect, maintain, improve and/or manage our Network. Where we can, we will give you reasonable advance notice. You agree that we have the right to conduct Network maintenance at such times and frequencies as we decide, and we are not liable to you for any disruption or interruption to the Services and/or your access to the Services which may result.
This clause sets out our obligations to you in providing the Services.
9.1. While we strive to give a good consumer experience, the Services are provided on an “as is” and “as available” basis. You use the Services or rely on any Content at your sole risk. To the fullest extent allowed by law, we do not give any assurances or guarantees, either express or implied, in relation to such Services or Content.
9.2 Specifically, we do not warrant:
9.2.1 that the Services, the App, our website or our operation, maintenance and protection of the Network will not cause any harm to your equipment, software systems or Content;
9.2.2 the accuracy, reliability or quality of any Content obtained through the Services or that defects in the App and our website will be corrected; and
9.2.3 that the Services, the App and our website are error free, uninterrupted or available at all times.
9.3. Where you are provided with any gift or premium from us, you agree that:-
9.3.1 our maximum liability is the amount you have paid us in cash, if any, for it;
9.3.2 the redemption of the gift or premium is subject to stock availability;
9.3.3 we make no warranty as to the gift or premium and will not be responsible for any specifications, defects or non-performance in it;
9.3.4 we are not an agent of the merchant, manufacturer and/or supplier of the gift or premium, and shall not be deemed to be a seller or transferor of the gift or premium;
9.3.5 unless otherwise agreed by us in writing, any issue which you may have in respect of the gift or premium shall be resolved directly with the merchant, manufacturer and/or supplier. The gift or premium is subject to such other terms and conditions of the merchant, manufacturer and/or supplier; and
9.3.6 we reserve the right to substitute the gift or premium with any item of a similar value.
9.4 Except as set out in this Agreement, we expressly exclude all other liability we may have to you, including all liability in contract, tort, negligence, misrepresentation, strict liability or statute. This exclusion applies for our benefit and that of the Service Providers whose networks are connected to each other or to the Network, all companies, directly or indirectly owned, wholly or partly owned or controlled by us or any of these parties, and all their officers, employees, contractors and agents or anyone else to whom we or these parties are responsible (” the Relevant Parties”) and whether it relates to anything caused by or resulting from anything any of the Relevant Parties does or omits to do or delays in doing (even if done, omitted or delayed wilfully, recklessly or negligently), whether or not it is contemplated or authorised by any agreement you have with us.
9.5 Neither we nor any of the Relevant Parties is liable for any special, incidental, indirect, consequential, or punitive damages, losses, costs or expenses, even if caused wilfully, recklessly or negligently.
9.6 Neither we nor any of the Relevant Parties is liable for any lost profits, revenue, business or anticipated savings, loss of data, loss of Content or loss of use, even if caused wilfully, recklessly or negligently.
9.7 If any of the exclusions set out in this Clause 9 does not apply, our liability will not exceed the lower of your preceding month’s Charges applicable to the Services in question or S$5,000/- for any event or for any series of connected events.
9.8 The exclusions of liability above do not apply to liability for death or personal injury resulting from our negligence, or to any liability which cannot be lawfully excluded or restricted under the Unfair Contract Terms Act (Cap. 396).
10. Ending the Services and addressing breaches of this Agreement
10.1 Subject to Clause 3.14.1, this Agreement or the Services may be terminated by either party giving 1 working day notice to the other party without assigning any reason. In the absence of any termination in accordance with this Agreement (including this clause), this Agreement or the Services shall automatically continue on a month-to-month basis, based on the same terms and conditions and based on our prevailing rates without any previously applied discounts or promotional rates. If you continue to use the Services, you will be taken to have accepted this clause and our prevailing rates. If you do not accept this clause, your sole and exclusive remedy will be to terminate this Agreement or the Services in accordance with this Agreement.
10.2 We have the right to suspend or terminate all or any part of the Services, or terminate this Agreement with 1 working day notice (for Clauses 10.2.1 and 10.2.2 below) or with immediate effect (for Clauses 10.2.3, 10.2.4, 10.2.5, 10.2.6 and 10.2.7 below), in each case without compensation to you, and without prejudice to our rights to damages for any breach by you of this Agreement, if any of the following events occurs:
10.2.1 you breach any of the terms and conditions of this Agreement or any other agreement you have with us;
10.2.2 you provide incorrect, false or incomplete information to us;
10.2.3 you become or threaten to become bankrupt or insolvent;
10.2.4 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;
10.2.5 the equivalent of any of the events referred to in the above Clauses 10.2.3 and 10.2.34 under the laws of any relevant jurisdiction occurs to you;
10.2.6 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
10.2.7 we believe that 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 to defraud us, or are likely to create imminent harm or harass or are abusive to our personnel.
In such event, you may immediately contact our customer service 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.
In addition, 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.
10.3 The termination of this Agreement will not affect any accrued rights and remedies of either party against the other party.
10.4 We will determine, in our sole discretion, on a case-by-case basis, the steps which are necessary to address any breach of this Agreement. Such steps include investigating any suspected or alleged breach of this Agreement, including obtaining information from you, any complainant and the examination of Content on our server. Nothing contained in this Agreement will limit our actions or remedies in any matter and we reserve at all times all rights and remedies available to us at law.
10.5 We and the Service Providers shall not be liable for any damages, losses, costs or expenses of any nature suffered by you or third party resulting in whole or in part from the exercise of our rights under this Agreement. By using the Services, you agree to waive and hold us and the Service Providers harmless from any claims relating to any action taken by us, including the conduct of an investigation, issuance of a warning, refusal, removal, modification or denial of access to the App, our website, Services or Content, suspending or terminating the Services, or other appropriate action in relation to any suspected or alleged breach of this Agreement.
11. Other legal matters
This clause is important and sets out certain of ours and your legal rights and obligations.
You must indemnify us, including our employees, directors and agents, in full against all claims, damages, losses, liabilities, claims, costs, expenses, demands and actions resulting from your use of the Services, your negligence, omission, act or breach of this Agreement.
11.2 Intellectual property
Any and all of our Intellectual Property will continue to belong to us or our licensor(s). You may not use or permit anyone to use any of our Intellectual Property except as may be necessary for your lawful use of the Services or as permitted by us.
11.3 Conclusiveness of records
In the absence of fraud or manifest error, all our records relating to the Services (including but not limited to our overseas roaming partners) are conclusive evidence of their accuracy and completeness.
11.4 Transferring this Agreement
You may not assign, novate or transfer any of your rights and/or obligations under this Agreement without our prior written consent. We may assign, novate and/or transfer all or part of our rights and/or obligations under this Agreement to any party and will give you notice of this.
We may from time to time change any of these terms & conditions and/or any other applicable terms and conditions for the Services you subscribe for. We may also from time to time withdraw, suspend, or change any of the Services. We will try, where we reasonably can, to give you advance notice of such changes, and we will notify you of such changes in writing or via our website, or such other form as we may decide. The display of the revised terms & conditions on our website will constitute notice of the changes. If you continue to use the Services, you will be taken to have accepted the changes.
11.6 Matters beyond our control
11.6.1 We will not be liable for any delay or failure in performance under this Agreement resulting from matters beyond our control. These include acts of God, requirements of any governmental or regulatory authority, war, national emergency, acts of terrorism, accident, fire, lightning, equipment failure, cyberattacks (including any type of offensive manoeuvre that targets computer information systems, infrastructure, computer networks or personal computer devices), computer software or Software malfunction (including due to malicious software programmes), interception of online communication, identity theft, electrical power failure, faults, interruption or disruption of the Network or the networks of the Service Providers or of your equipment or the equipment of any third party, riots, strikes, lock-outs, industrial disputes (whether or not involving our employees) or epidemics of infectious diseases.
11.6.2 In addition, the Services may occasionally be affected by interference caused by objects beyond our control such as buildings, underpasses and weather conditions. When this happens, we will not be responsible for any interruption or disruption of the Services or if you cannot access or use the Services.
11.7 No waiver
If we do not, or if we delay, the exercise or enforcement of any of our rights under this Agreement, we will not be considered to have waived our rights, and our right to fully exercise and enforce all our rights under this Agreement will not be affected.
You must not use or disclose to any person any information (other than information that is or has become publicly available) relating to any of the Services or us which you obtain from us or our agents in connection with this Agreement and the Service, except to the extent necessary to comply with law, court order or any regulatory authority.
11.9 Entire agreement and severability
11.9.1 Except where stated by us, these terms & conditions and/or other terms and conditions as otherwise agreed between us in writing, contain the whole agreement between you and us with respect to the Services you subscribe for, and there are no other agreements or terms, oral or written, express or implied, which govern the provision by us of the Services.
11.9.2 If any part of this Agreement is invalid, illegal or unenforceable (whether in whole or in part), such provision shall be deemed modified to the extent of such invalidity, illegality or unenforceability and the remaining provisions of this Agreement shall not be affected.
11.9.3 Rights of third parties under this Agreement
Save for our Affiliates, third parties who are not involved in this Agreement cannot enforce it under the Contracts (Rights of Third Parties) Act (Cap 53B).
11.9.4 Applicable laws
This Agreement is governed by Singapore law. Our provision of the Services is subject to the Act and we are required to comply with the directives and orders of all relevant Regulatory Authorities.
Both of us irrevocably submit to the non-exclusive jurisdiction of the Singapore courts for any legal proceedings relating to this Agreement. Either party may also refer any dispute to the Small Claims Tribunal. If we agree with you that arbitration would be an appropriate forum, we may jointly refer the dispute for arbitration.
This Clause sets out how certain words and phrases are used in this Agreement.
What these words mean in this Agreement
“Act”: the Telecommunications Act, or as applicable, the Info-communications Media Development Authority Act 2016 (No. 22 of 2016), as may be changed from time to time
“App”: the ZΩH application (as may be changed by us from time to time) provided by us that allows you to access and use the Services
“Agreement”: the agreement between you and us comprising these terms & conditions and other terms and conditions applicable to the Services you and we may have agreed or accepted from time to time
“Content”: all information, text, sound, music, software, photographs, videos, graphics, data, messages, links or other materials
“IMDA”: Info-communications Media Development Authority of Singapore, its successors and assigns
“Network”: all networks owned, maintained or operated by, and/or leased/licensed to us through which we provide the Services to you
“PIN”: personal identification number
“Regulatory Authority”: IMDA, its successors and/or assigns
“Services”: our ZΩH mobile services and the App as may be changed by us from time to time and any other info-communications or other services, products or applications which we and/or the Service Providers provide to you including any value-added features and promotions
“Service Provider”: any third party service provider involved in providing the Services to you and/or on whose behalf we are billing, including without limitation any network operator or telecommunication service provider
“SIM”: Subscriber Identification Module
“Taxes”: all taxes, goods and services tax, duties, levies and other similar charges imposed under any law in respect of the provision of the Services or on any charges or payment due from or payable by you to us
“you” or “your”: the person who uses or intends to use the Services (including his or its successors and permitted assigns) and anyone appearing to us to be acting with that person’s authority or permission
Any decision to be made by us or actions that we may take in this Agreement may be made at our sole discretion.