| 1. | Definitions and Interpretation |
| 1.1 | In these Terms and Conditions, the following words and expressions shall have the following meanings: “Internet User” means any person who registers or utilises the Service. “Service” means SingTel Mobile’s Internet SMS Chat service. “SingTel Mobile” means Singapore Telecom Mobile Pte Ltd. “Short Message” means a text based message sent via standard GSM terminals or equipments by a sender to the Subscriber. “Short Message Service” or “SMS” means the service of enabling user to send or receive Short Messages to or from mobile communication equipment or other similarly enabled equipment. “Subscriber” means the recipient of the Short Message who is a subscriber of SingTel Mobile. |
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| 2. | Service Requirements and Limitations |
| 2.1 | Registration |
| 2.1.1 | The Internet User must register to use the Service. The Internet User will be required to provide his/her name, email address, nickname, mobile number, year of birth, gender, country, operator and internet service provider in order to use the Service. |
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| 2.2 | Service Description |
| 2.2.1 | The Service allows Internet Users to send Short Messages from computer terminals to Subscribers. The Internet User must key in the Subscriber’s number before keying in the message and sending it out. |
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| 2.3 | The Subscriber will only see the Internet User’s nickname and a randomly generated number as the sender of the Short Message. The Subscriber can choose to reply to the Short Message by using the normal reply mechanism for SMS. |
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| 2.4 | The Internet User acknowledges and agrees that : |
| (a) | the Service is provided on an “as is” basis and that SingTel Mobile assumes no responsibility for the timeliness, deletion, misdelivery, non-delivery of the Short Message ; |
| (b) | the Internet User may receive certain communications from SingTel Mobile, such as administrative messages and that these communications are considered part of the Service; |
| (c) | any new features introduced from time to time to augment or enhance the Service shall be subject to these Terms and Conditions; |
| (d) | the Internet User is responsible for the content of the Short Message that the Internet User transmits using the Service; |
| (e) | SingTel Mobile does not control the content in the Short Message that the Internet User sends via the Service and, as such, does not guarantee, and is not responsible for, the accuracy, integrity, legality or quality of such content; |
| (f) | SingTel Mobile reserves the right to alter, modify, add to or otherwise vary these Terms and Conditions; |
| (g) | SingTel Mobile may, in its sole discretion and without prior notice, terminate the Internet User’s access to the Service if SingTel Mobile is of the opinion that the Internet User has breached any of these Terms and Conditions or has abused the Service. |
| (h) | the Internet User shall fully indemnify and hold harmless SingTel Mobile at all times against all actions, claims, proceedings, costs (including legal costs incurred by SingTel Mobile in defending any such actions, claims or proceedings), liability, losses and damages whatsoever which may be brought or commenced against SingTel Mobile by any person and/or which SingTel Mobile may sustain, incur or suffer, as the case may be, directly or indirectly arising out of or in connection with the use of the Service; and |
| (i) | SingTel Mobile shall not be liable to the Internet User or any third parties for any loss of damage of any kind incurred as a result of the use of the Service. |
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| 2.5 | The Internet User agrees not to or not to allow or permit any other person to use the Service to: |
| (a) | transmit any Short Messages which are improper, immoral, unlawful, racial, discriminating, harassing, embarrassing, libellous, abusive, threatening, harmful, obscene, ‘spam’ or otherwise include objectionable material of any kind or nature, or include any material that causes distress or violates the rights of a third party, |
| (b) | send, or facilitate the sending of, unsolicited material (“Spam”), unsolicited advertising, promotional materials, or any other forms of solicitation, chain letters or junk messages to any person or system in a way that could be expected to adversely impact any network or facilities; |
| (c) | create a false identity, or otherwise attempt to mislead others as to the identity of the sender or the origin of the Short Message; |
| (d) | violate any other person’s rights, or interfere with another person’s use of the Service, including, without limitation by engaging in activities that result in, encourage or facilitate the distribution of viruses, worms, time bombs, Trojan horses, cancelbots, sniffer, or other code(s) that are designed to acquire information about other users or their activities without their approval; |
| (e) | transmit any Short Messages that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright or right of publicity; or |
| (f) | to intentionally or unintentionally violate any applicable law. |
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| 3. | Fees and Charges |
| 3.1 | The Internet User will not be charged for sending Short Messages using the Service. |
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| 3.2 | The Subscriber who replies to the Short Message will be charged. Short Messages sent are part of the free local monthly bundled SMS for applicable price plans. A charge of 5.35¢ applies for each SMS sent beyond monthly local bundled SMS. In the event that the Subscriber is overseas, standard SMS roaming charges apply for SingTel Mobile customers. These charges are overseas network operator dependent. |
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| 4. | Consent to Use and Disclose Internet Users’ Information and Data |
| 4.1 | The Internet User agrees that SingTel Mobile shall be entitled to use or disclose any information or data disclosed by the Internet User. |
| 4.2 | By registering for the service, the Internet User agrees to receive required notices from SingTel Mobile electronically, targeted advertisements and periodic emails. |
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| 4.3 | The Internet User further acknowledges and agrees that SingTel Mobile may access, preserve, monitor, use and disclose any information relating to the use of Service by the Internet User as reasonably necessary to |
| (a) | provide, maintain and improve the Service, and to respond to requests for customer service by the Internet User; |
| (b) | enforce these Terms and Conditions; |
| (c) | comply with legal process; and |
| (d) | respond to claims of violation of third party rights. |
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