Wavee

TERMS AND CONDITIONS FOR WAVEE

1. Your Acceptance 

1.1   Singtel Mobile Singapore Pte Ltd, a company incorporated in the Republic of Singapore with company registration number 201012456C and having its registered office at 31 Exeter Road, Comcentre, Singapore (“Singtel” or "we" or "us" or "our" or other similar pronouns) offers you ("you" or "your") calling and text messaging services through Singtel’s licensed software application ("App") for mobile devices, available on our website at http://www.singtel.com/wavee ("Site"). The Site, the App and the various services offered to you in relation to the App may be collectively referred to in these terms as the "Service".

1.2   By using the Service you acknowledge and agree to these Terms and our Privacy Policy, which are incorporated herein by reference. If you do not agree with any of these Terms or our Privacy Policy, please do not use the Service.

1.3   The App is not a replacement for your ordinary mobile or fixed line telephone and does not allow you to make emergency calls to emergency services. You must make alternative communication arrangements to ensure that you can make emergency calls if needed.

2. Ability to Accept these Terms 

2.1   You affirm that you have the ability to enter into these Terms. If you are under the age of consent in your jurisdiction (and you are more than 13 years of age), you affirm that you are either an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Terms, and to abide by and comply with these Terms. The Service is not intended for children under the age of 13.

3. The Service 

3.1   We make no representation that the Service is available for use in any particular location. To the extent you choose to access the Service, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws.

3.2   We reserve the right to change, suspend, remove, or disable access to the Service at any time without notice. In no event will we be liable for the removal of or disabling of access to the Service. We may also impose limits on the use of or access to the Service without notice or liability.

3.3   We may, from time to time, automatically check your version of the App. Although we have no obligation to make available any updates, we may however, (a) require you to download and install updates; or (b) automatically download and install updates to your mobile device.

3.4   Except for any information which we have expressly agreed to keep confidential, any feedback, data, answers, questions, comments, suggestions, plans, ideas or the like that you send to us via the App, via email or howsoever otherwise whether in human or machine readable form, will be treated as being non-confidential and non-proprietary. We will also be free to use any ideas, concepts, know-how or techniques contained in information that you submit on the App for any purpose whatsoever.

4. Use of the Service 

4.1   In order to access and use the features of the Service, you will have to provide us with your mobile phone number. You agree that the mobile phone number provided by you will be accurate and complete.   

4.2   As you are fully responsible for all activities that occur under your own account, you should access the Service using your own account and own mobile device only. Refrain from communicating any confidential information (e.g. personal credit card information, or passwords) through the App. We take no responsibility for your failure to comply with the obligations in this paragraph.

4.3   Use of Wavee’s “VoIP (Voice over Internet Protocol)”, “Interactive Messaging”, “File sharing which includes documents, images & videos”, "Interactive Location Share", “Sketch Sharing” function and Wavee application download will require the use of mobile data or wifi. Please be aware that you will be responsible for all data charges incurred.

4.4   You may use VoIP to call any non-Wavee user with a registered Singapore user, but such calls will be limited to 60 minutes each calendar month. Unused minutes will not be carried over to the next calendar month. Once the 60 minutes are fully used, you will not be able to make any more VoIP calls to non-Wavee users, but will continue to be able to make and receive VoIP calls to and from wavee users. 

4.5   The Services involves access to, use of and exchange of information over the internet and you acknowledge that such access to, use of and exchange of information may not be secure. Singtel will not be liable to you if you suffer loss or damage as a result of the information not being secured.

4.6   You expressly acknowledge and agree that in order for us to provide the Service, we may periodically access your contact list and/or address book on your mobile device to find and keep track of the phone numbers of other Users. You hereby give your express consent to us to do so. You must notify us immediately of any breach of security or unauthorized use of your mobile phone. We will not be liable for your losses caused by any unauthorized use of your account. You may, however be held liable for any losses incurred by us due to such unauthorized use of your account.  

4.7   You may use the Service provided that:  

(i)          you use the Service solely for personal and non-commercial purposes; you are not permitted to resell the Service or charge others for use of or access to the Service, or in any other manner inconsistent with these Terms;

(ii)         you do not duplicate, transfer, give access to, copy or distribute any part of the Service in any medium without our prior written authorization;

(iii)        you do not attempt to reverse engineer, alter, disassemble, decompile or modify any part of the Service. “Reverse engineering" shall include the examination or analysis of the App to determine the source code, structure, organisation, internal design, algorithms or encryption devices of the underlying technology of the App;

(iv)        you do not attempt to violate, tamper with or circumvent any security measures, encryption codes or technological protection measures in or used in connection with the Service;

(v)         you do not expose any third party to material which is offensive, harmful to minors, indecent or otherwise objectionable in any way;

(vi)        you do not use the Service to cause embarrassment or distress to, or threaten, harass or invade the privacy of, any third party; and

(vii)       you will otherwise comply with these Terms and our Privacy Policy.4.8   We reserve the right to investigate any actual, suspected or alleged abuse of the Service or violation of these Terms, and may take any action in response to such abuse or violation.

4.9   You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc. or "load testers" such as wget, apache bench, mswebstress, httpload, blitz, Xcode Automator, Android Monkey, etc., that accesses the Service in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using the App, and you are not allowed to rip the content unless specifically permitted. You agree not to collect or harvest any personally identifiable information, including phone numbers, from the Service, nor to use the communication systems provided by the Service for any commercial solicitation or spam purposes. You agree not to spam, or solicit for commercial purposes, any Users. 

5. User Submissions 

5.1   The Service allows Users to submit status text, photos, videos and other communications (collectively, the "User Submissions"). These User Submissions may be hosted, shared, and/or published as part of the Service, and may be visible to other Users who have your mobile phone number in their mobile phone and which you have not blocked. You acknowledge and agree that any of your User Submissions may be viewed by other Users that have your mobile phone number. You understand that whether or not such User Submissions are published, we do not guarantee any confidentiality with respect to any User Submissions.

5.2   In connection with your User Submissions, you affirm, represent, and/or warrant that you own or have the necessary licenses, rights, consents, and permissions to use, all patent, trademark, trade secret, copyright or other proprietary rights in and to your User Submissions in the manner contemplated by the Service. You retain your ownership rights in your User Submissions and shall be solely responsible for the consequences of posting or publishing them.

5.3   By submitting your User Submissions, you hereby grant us a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and publicly perform your User Submissions in connection with the Service and our business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also grant every User of the Service a non-exclusive license to access your User Submissions through the Service.

5.4   Because we are only providing data connectivity, we make no guarantee as to the validity, accuracy or legality of any User Submission, and expressly disclaim any and all liability in connection with User Submissions. User Submissions or any opinion, recommendation, or advice expressed therein, do not represent our views.

5.5   In connection with User Submissions, you further agree that you will not:

(i)         submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the license rights granted herein;

(ii)        publish falsehoods or misrepresentations that could damage us or any third party;

(iii)       submit material that is unlawful, obscene, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;

(iv)       post advertisements or solicitations of business;

(v)        impersonate another person; or

(vi)       send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs.

5.6       You understand that when using the Service you will be exposed to User Submissions from a variety of sources. We are not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Singtel with respect thereto, and agree to indemnify and hold us, our officers, directors, employees, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Service.

6. License

6.1   We hereby grant you a limited, non-exclusive, non-transferable, non-sublicensable license to use the Service on any mobile device that you own or control. You may not distribute or make the Service available over a network where it could be used by multiple mobile devices at the same time. This licence does not include any right to copy, reverse-engineer, decompile, modify, tamper, distribute, sell or lease any part of the Service. Any attempt to do so is a violation of our rights. If you breach these restrictions, you may be subject to prosecution and damages. The terms of this license will govern any upgrades provided by us that replace and/or supplement the Service, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.

7. Intellectual Property Rights 

7.1   The design of the App, along with the text, scripts, graphics, interactive features and the like, trademarks, trade names, logos and service marks appearing on the App belong to Singtel and/or our suppliers. The grant to you of a right to access and use the Service shall not be construed as granting, by implication, estoppel or otherwise, any licence or right to use the trademarks, trade names, logos or service marks appearing on the App without our prior written consent. For the avoidance of doubt, the App is licensed, not sold, to you for use only under these Terms and we reserve all rights not expressly granted to you.

7.2   The Service is provided to you AS IS for your information and personal use only. You agree to not engage in the use, copying, or distribution of any of the Service other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Service in any form or by any means without our prior written permission or of the relevant copyright owner.

8. Consent to Use of Data  

8.1   How we receive, collect and use information from your use of the Service is more fully described in our Privacy Policy (available at http://www.singtel.com/wavee). 

8.2   By using the Service, you understand and agree that we may collect and use technical data and related information, including but not limited to technical information about your mobile device, system and application software, and peripherals, that is gathered periodically in accordance with our Privacy Policy and to facilitate the provision of software updates, product support and other services to you (if any) related to the Service. We may use this information to improve the Service.

8.3   By using the Service, you expressly agree and acknowledge that Wavee may access the following information on your device for the following purposes:

(i)  location access for location sharing;

(ii)  contacts access to identify Wavee & none Wavee users in your contacts list;

(iii)  storage access to store application data for file sharing such as Media;

(iv)  chat history, videos & documents, microphone access for voice call and audio messages; and

(v)  camera and gallery access for photo and video sharing

(vi) phone call access to read phone state and initiate GSM calls

9.   Fair Usage Policy (FUP)  

9.1   This Fair Usage Policy ("Policy") sets out an acceptable level of conduct between Singtel & its customers using VoIP services via Wavee. Singtel believes that all internet users should be responsible in their usage and how it affects other users. 9.2 The VoIP service is only applicable to the following Singapore registered numbers

(i)        +65 numbers (starting with 6, 8 & 9)

(ii)        800, 1800, 1688, 1606

9.3   The VoIP services are provided solely for live dialogue between, and initiated by, individuals for personal use and may not be used for any other purposes, including, but not limited to: monitoring services, transmission of broadcasts, transmission of recorded material, telemarketing, autodialed calls, other commercial uses, or other connections that do not consist of uninterrupted live dialogue between individuals.

9.4   Wavee may not be used to transmit or facilitate any unsolicited or unauthorized advertising, telemarketing, promotional materials, "junk mail", unsolicited commercial or bulk messages; or for activities that will adversely affect the ability of users or systems to use Singtel Mobile's services, or for any other reason that in our sole discretion violates our policy of providing service for individual use

10. Disclaimer of Warranties 

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE AND ACCURACY IS WITH YOU. TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND WE, OUR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APP AND THE SERVICE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY OR COMPLETENESS, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WE DO NOT WARRANT AGAINST AND ASSUME NO LIABILITY FOR (I) ERRORS, MISTAKES OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICE OR THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE THROUGH THE ACTIONS OF ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US SHALL CREATE A WARRANTY. SHOULD THE SERVICE CAUSE ANY DEFECTS, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.10. Limitation of Liability IN NO EVENT SHALL SINGTEL, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVERS, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE APP, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL BASIS, AND/OR (VII) THE DISCLOSURE OF INFORMATION PURSUANT TO THESE TERMS OR PRIVACY POLICY. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

If, notwithstanding the provisions of these Terms, we are held to be liable to you for any loss, damages or costs that arises out of or is connected in any way with your use of the Service, our aggregate liability to you shall in no event exceed SGD50.

11. Indemnity

11.1   To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Singtel, our Affiliates, their respective officers, directors, employees and agents from and against any and all actions, claims, proceedings, costs (including legal costs incurred by us or any of our Affiliates in defending any such actions, claims or proceedings), liability, losses and damages (direct and/or indirect) whatsoever which may be brought or commenced against us or any of our Affiliates by any person and/or which we or any of our Affiliates may sustain, incur or suffer, as the case may be, arising out of or in connection with or by reason of your use of the Service, violation of these Terms or rights of any third party.

11.2   Your obligations under the above indemnity shall survive these Terms, your use of the Service, or your relationship with us. We reserve the right to assume the defence and control of any matter subject to indemnification by you.

12. Termination of your account 

12.1   These Terms are effective until terminated by you or us. If you are dissatisfied with any portion of the Service or with any of these Terms, you may terminate your relationship with us any time by discontinuing your use of the Service and deleting the App from your mobile device.

12.2   We may suspend (temporarily or permanently) or terminate your account and your use of and access to the Service at any time and without notice to you:

(i)             if we suspect that:

•                     you have breached the provisions of these Terms;

•                     you are using the Service to break the law or infringe third party rights;

•                     you are trying to unfairly exploit or misuse any of our policies; or

•                     you are using any of our products fraudulently or that your User account is being used by a third party fraudulently.

(ii)            if we are required to do so due to a change in laws/regulation by a regulator or authority with a lawful mandate in any particular territory, or by any of our partners; or

(iii)           in our absolute discretion.We shall effect such termination by preventing your access to the Service, where applicable. We reserve the right to cancel User accounts that have been inactive for more than sixty (60) days.  

12.3   Upon termination of your account, we will delete your data from our servers and render it irretrievable. We will have no obligation to retain or return such data to you and you shall not be entitled to any payment, compensation or damages of any sort from us in relation to the termination of your account.

13. Assignment 

13.1   You cannot transfer or encumber any or all of your rights, interests and obligations under these Terms without our prior written consent.

13.2   We may assign and transfer any or all of our rights, interests and obligations under these Terms to any third party without your prior written consent.

14. General 

14.1   No failure to exercise or enforce, and no delay on our part in exercising or enforcing our rights under these Terms shall operate as a waiver thereof.  Any provision of these Terms which is held invalid or unenforceable in any jurisdiction shall be ineffective to the extent of such invalidity or unenforceability without invalidating or rendering unenforceable the remaining provisions hereof, and any such invalidity or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provisions in any other jurisdiction.

14.2   These Terms are the entire agreement between you and us relating to the Service and supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the Service or any other subject matter covered by these Terms. If any provision of these Terms is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.

14.3   In order to serve you better, we will, on an on-going basis, make changes and additions to the Service, including but not limited to new products, features and functionality. We may need to modify these Terms as a result. We reserve the right to amend or modify these Terms at any time, and it is your responsibility to review these Terms for any changes. If you do not agree to the revised Terms, your only recourse is to discontinue the use of the Service. Your continued use of the Service following any amendment of these Terms will signify your assent to and acceptance of its revised terms.

15. Governing Law 

15.1   These Terms shall be subject to and governed by the laws of Singapore without regard to its conflict of law provisions. You agree to submit to the non-exclusive jurisdiction of the courts of Singapore.

16. Definitions 

16.1   In these Terms, the following words and expressions shall have the following meanings: 

Affiliate” means any of Singtel’s related corporations (as such term is defined in section 6 of the Companies Act (Cap. 50)).

Privacy Policy” means the Wavee App privacy policy available at http://www.singtel.com/wavee

Terms” means these Terms and Conditions for Wavee. 

Users” means the members of the public, including you, who access and use the App and “User” means any one of them. The headings or titles to the clauses in these Terms are to facilitate reference and shall not be referred to or relied upon in the construction of any provision of these Terms. 

Where the context so admits, the singular shall include the plural and words in the masculine gender shall include the feminine and neutral genders and vice-versa. The word “including” shall not be construed as being by way of limitation and “otherwise” shall not be construed as limited by words with which it is associated. 

References to any “person” include any natural person, corporation, judicial entity, Service association, statutory body, partnership, limited liability company, joint venture, trust, estate, unincorporated organisation or government, state or any political subdivision, instrumentality, agency or authority.