Terms and Conditions for Direct Carrier Billing for Third Party App Stores

1.     Definitions

1.1.    ‘Content’ means any digital content, including games, music, movies, media content books, magazines, digital content or services applications made available for purchase and/or subscription via Google Play Store and/or various Service Provider(s).

1.2.    Direct Carrier Billing’ means the process and arrangement by which your purchase of Content is billed to your periodic bill with the relevant Singtel Group entity (as the case may be).

1.3.    ‘Google Play Store’ means the service provided by Google LLC located at 1600 Amphitheatre Parkway, Mountain View, California 94043, USA.

1.4. ‘Service Provider’ means the third party which provides You with delivery and ancillary fulfilment services to facilitate Your purchase. Service Provider may be Google Ireland Limited, Microsoft Corporation or any other third party that You choose to obtain Content from.

1.5. 'Terms' means these Terms and Conditions for Direct Carrier Billing for Third Party App Stores, including any amendments thereto that Singtel may make from time to time in its discretion.

1.6. 'Vendor' means an authorised content vendor who has entered into a contract with Service Provider to sell Content.

1.7. 'You' means any individual who authorises Singtel to conclude Your purchase of the Content using the Direct Carrier Billing Service.

2.     Commencement of Direct Carrier Billing Service

2.1 Your use of the Direct Carrier Billing service is subject to Singtel’s General Terms and Conditions (‘General Terms’) available at www.singtel.com. You are deemed to accept these Terms when You first use the Direct Carrier Billing Service, including by clicking a virtual button in any of the Third Party App store expressly agreeing to these Terms. The Terms shall form a binding agreement between You and Singtel, and in this regard, You expressly appoint and authorise the relevant Singtel Group entity, as Your commercial agent in accordance with part 2 of the First Schedule of the Payment Services Act 2019 (No.2 of 2019) to conclude and purchase the Service on Your behalf.

2.2 By agreeing to be bound by the Terms, You represent and warrant that You are at least 18 years of age and legally capable and permitted to accede to these Terms.

2.3 If You allow any other person (including minors and person without legal capacity) to access or use the Direct Carrier Billing Service, You agree to be responsible for (a) ensuring that such person complies with the Terms, and (b) the actions, omissions and defaults of such person in relation to the Direct Carrier Billing Service.

2.4 By using the Service, You consent and authorise Singtel to exchange information, including without limitation, Your mobile telephone number and status of Your carrier account, with the Service Provider in order to process Your payment transaction.

3.     Provision of Direct Carrier Billing Service

3.1  Singtel shall not be liable for any delay in or for failure to perform obligations under this Agreement if that delay or failure is caused by circumstances beyond Singtel’s control or by a third party.

3.2 You accept and acknowledge that Singtel is solely acting as a commercial agent to you in providing you with the Service, and Singtel has no control over the Content provided via Service Providers and is not responsible to ensure that Content will not contain or promote anything defamatory, illegal or discriminatory.

3.3 Each Content and Your use of it is subject to the terms and conditions contained in Vendor’s end user license agreement, as set out on their website or wapsite or as otherwise provided to You by them.

3.4 Neither Singtel nor Service Provider provides any operational or technical support for the Content and/or service.

3.5 Singtel may suspend or terminate Your use of the Direct Carrier Billing Service where it is suspected that there is unauthorized or fraudulent use.

3.6 The Direct Carrier Billing Service is only available to Singtel customers. If You transfer or “port” Your mobile telephone number from us to another carrier, You will be deemed to have cancelled the Direct Carrier Billing Service and will no longer be able to use the Direct Carrier Billing Service for the mobile telephone number after the “transfer” or “porting” is completed. Notwithstanding the above, You shall remain responsible for all fees and charges incurred prior to the transfer or “port”. If You are a prepaid customer, You will not be entitled to a refund of any balance on Your prepaid account.

4.     Charges and Payment

4.1 Prices for Content are determined by the Service Provider and are subject to adjustment or applicable taxes or currency exchange rates.

4.2 You agree and acknowledge that by Your acceptance of a charge or prices for the Content during the transaction process, Singtel as Your appointed and authorised commercial agent,  shall be entitled to conclude  the purchase of  Content on Your behalf and collect payment from You: (i) by  directly debiting if You are a pre-paid customer making purchases made via Google Play Store; (ii) If You are a post-paid customer You will see the charge on Your monthly phone bill.

4.3 If You subscribe to a subscription service, You will be billed in accordance with the subscription frequency and price indicated at the beginning of the service. You are required to refer to the subscription cancellation option at the time of subscribing the service. The cancellation request has to be made to the respective Service Provider. If the subscription is not cancelled prior to the renewal date, You may no longer have the right to cancel or receive a refund and any cancellation will take effect from the following renewal period.

5.     Refunds and Returns

5.1   All purchases of the Content are considered final unless Singtel is required by local laws and legislation to offer additional refund or warranty rights.

5.2 This returns policy does not apply in respect of any concerns or issues regarding the operation or performance of Content.

6.    Personal Information

6.1   Singtel will comply with all applicable data protection laws, and will not use any personal information that may identify You (‘PI’) other than as required to fulfil Singtel’s obligations to You or to Service Providers, Vendors, governmental, including tax, authorities in connection with a purchase of the Content, under these Terms. You hereby consent to such use of Your PI being collected (b) used (c) processed (d) transmitted and/or (e) disclosed to, or by Singtel, our Service Providers, or Vendors for the purpose of providing the Direct Carrier Billing Service under these Terms.

6.2 You acknowledge that Your PI will be stored in servers in Singapore and, as such Singapore data protection laws will apply. You acknowledge and agree that many Service Providers and Vendors are based outside of Singapore, therefore Singtel cannot guarantee they follow the same due diligence with regards to personal information as Singapore companies. Singtel requires that Vendors post clear information about data collection practices as part of their own privacy policies. Singtel shall not be responsible for any personal data that You provide to third parties. The personal data that You provide to third parties are governed by the respective third party terms and conditions and personal data policies (if any).

7.       Warranties

7.1 The Direct Carrier Billing Service is provided here under “as is” and “as available” and Singtel hereby excludes all conditions, endorsements, guarantees, representations, or warranties of any kind to the fullest extent permitted by applicable law.

8.       Liabilities

8.1   To the maximum extent legally permitted, Singtel’s aggregate liability for all losses or  damages under any legal theory( whether in contract, tort or negligence) shall in all circumstances be limited to the fees paid by You for the Direct Carrier Billing Service in relation to the Content acquired hereunder or SGD50, whichever is lower. Singtel shall not be liable for any other losses or damages, including without limitation loss of profit, loss of data, revenue loss, indirect, incidental and consequential losses, under any circumstances.

8.2   To the fullest extent permitted by applicable law, Singtel shall not be liable for the quality or performance of Content or device or app stores provided by Service Providers or for information or material accessed through the Direct Carrier Billing Service.

8.3 Nothing in this Agreement removes or limits Singtel’s liability for death or personal injury caused by our negligence.

9.        General

9.1 If any of the terms contained in this Agreement are held to be invalid or unenforceable in whole or in part, the invalid or unenforceable wording shall be deemed omitted without affecting or impairing the validity and enforceability of the rest of the Agreement.

9.2 This Agreement may be assigned by Singtel.

9.3 Failure by either party to exercise or enforce any right conferred by these Terms against the other party shall not be or be deemed to be a waiver of any such right or in any way prejudice any right of that party under these Terms.

9.4 Nothing in this Agreement shall create, or be deemed to create, the relationship of principal and agent or a joint venture or partnership between the parties.

9.5 You agree to indemnify Singtel for any and all losses, costs, damages, claims, expenses, actions and proceedings (including third party’s claims) whatsoever arising from: (a) the use of the Direct Carrier Billing Service; or (b) a breach of any provision of these Terms.

9.6 You may not transfer or assign pre-payments or any of Your rights and responsibilities under this Agreement.

9.7   Singtel’s Premium Rate Service (PRS) Barring Service and Youth Service are not applicable to the Direct Carrier Billing Service. Where You are subscribed to the PRS Barring Service and / or the Youth Service, please note for the avoidance of doubt that the Direct Carrier Billing Service is not covered under the PRS Barring Service and / or the Youth Service.

9.8 These Terms shall be subject to and construed in accordance with the laws of the Republic of Singapore and You hereby submit to the non-exclusive jurisdiction of the courts of Singapore.

9.9 Save for Singtel Group, no person who is not a party to these Terms has any right under the Contracts (Rights of Third Parties) Act, Chapter 53B of Singapore to enforce or enjoy the benefit of any provision of these Terms.

Terms and Conditions for Direct Carrier Billing for Third Party App Stores (Effective 22 January 2020)