iNETS  
 
Print–Friendly
GOVERNING THE USE OF iNETS MOBILE SERVICES » Updated as at 15 Jan 2010
 
  Terms and Conditions  
     
 
1. DEFINITIONS
  1.1 The following shall be the interpretations of the words used in this Terms:
 
WORDS
 INTERPRETATIONS

“Customer”

A person who uses the iNETS Mobile Services to effect a Transaction using any payment modes as may be approved by NETS for use on the iNETS Mobile Services from time to time.

“iNETS Mobile Services”

A mobile commerce service from NETS that provides aggregated services from various Merchants as approved by NETS from time to time on the mobile phone using various modes of payment.

“Merchant”

Any person for the time being and at the sole discretion of NETS who is engaged in the sale of goods and / or provision of services and makes their goods and / or services available through the iNETS Mobile Service.

“MyNETS Account”

Any account of a Customer maintained with NETS which allows, amongst other matters, for his personal and billing information to be aggregated and managed as deemed most appropriate by NETS.

“NETS”

Network for Electronic Transfers (Singapore) Pte Ltd, a company incorporated in the Republic of Singapore and having its registered office at 298, Tiong Bahru Road, #04-01/06, Central Plaza, Singapore 168730, and its successor-in-title.

“NETS Cheque”

A form of virtual payment solution provided by NETS, for payment through the iNETS Mobile Services.

“Network”

The mobile telecommunications network and systems used to provide the iNETS Mobile Services.

“PIN”

Personal Identification Number.

“SIM Card”

Subscriber Identification Module Card.

“Terms”

These Terms and Conditions Governing the Use of iNETS Mobile Services as varied or amended from time to time by NETS.

“Transaction”

Transactions effected by a Customer by means of the iNETS Mobile Services.

   
  1.2. The headings in these Terms are inserted for convenience only and shall be ignored in construing these Terms. Unless the context otherwise requires, words denoting the singular number only shall include the plural and vice versa. The words ‘written’ and ‘in writing’ include any means of visible reproduction. References to clauses herein shall mean the clauses of these Terms.
   
2.
 ACCEPTANCE OF TERMS
2.1 NETS owns, operates and manages the iNETS Mobile Services, with the usage thereof subject to these Terms which shall bind each and every Customer of the iNETS Mobile Services.
  2.2 By using or allowing the use of the iNETS Mobile Services, the Customer are deemed to have accepted and be bound by these Terms and that a valid and binding contract between the Customer and NETS comes into effect. Such Terms apply to the Customer’s use of the iNETS Mobile Services and any related products and services available through iNETS Mobile Services.
  2.3 The Customer of the iNETS Mobile Services hereby warrants that he has read and accepted the terms & conditions governing the use of NETS Cheque or the terms and conditions of any other payment modes as determined by NETS, which are available on the NETS website at http://www.nets.com.sg. By accepting these Terms, the Customer also agrees to subject the use of iNETS Mobile Services to those terms and conditions posted on the NETS website.
 
3.
 PAYMENT MODE OF iNETS MOBILE SERVICES
  3.1 The Customer can use a NETS Cheque or any other payment modes as may be determined by NETS from time to time to effect a Transaction using the iNETS Mobile Services.
  3.2 By initiating and making payments through the iNETS Mobile Services, the Customer authorises NETS to instruct the Customer’s financial institution to obtain the funds on the Customer’s behalf or to charge the Customer’s payment card as may be determined by NETS from time to time.
 
4.
 CUSTOMER’S OBLIGATIONS
  4.1 In order to use the iNETS Mobile Services, the Customer must register for a MyNETS Account, whether via internet, mobile or via any other channel as may be determined by NETS from time to time.
  4.2 The Customer confirms that the information provided to NETS about himself is true and accurate and permits NETS to verify this with any third party.
  4.3 The Customer is responsible for using iNETS Mobile Services in compliance with all laws, regulations and user guides governing its use as well as any requirements or restrictions which NETS may impose on the use of the iNETS Mobile Services.
  4.4 The Customer is responsible for all acts, omissions or payments made through the iNETS Mobile Services application in his mobile phone, including payment made by third parties. In particular, he is responsible for the payment of goods and services ordered or obtained via iNETS Mobile Services.
  4.5 The Customer is advised to activate and periodically change the PIN codes. The Customer should also store the PIN codes and any other security codes carefully and should not disclose the same to a third party.
  4.6 The Customer must take all reasonable steps to prevent fraudulent, improper or illegal use of the iNETS Mobile Services, including taking measures to prevent unauthorised access to the Network and / or the iNETS Mobile Services.
  4.7 The Customer must not use or permit the use or allow any part of the iNETS Mobile Services to be used:
  1. so as to cause the operation of the Network or the quality of iNETS Mobile Services to be jeopardised, impaired or interrupted or to interfere with the integrity or security of any telecommunications or IT network or system; and
  2. to make or attempt any unauthorised access to any part or component of the iNETS Mobile Services, NETS’ Network or any third party systems or Networks to which the Customer can connect through the iNETS Mobile Services directly or otherwise.
  4.8 NETS shall only charge the Customer in respect of the Transaction that he or any third party has effected through his mobile phone. For the avoidance of doubt, the Customer is responsible for any charges or fees that may be imposed by the telecommunication company for connection to the Network while using the iNETS Mobile Services.
  4.9 The iNETS Mobile Services provided by NETS are attached to the Customer’s mobile phone number. The Customer must immediately notify NETS and report to the police of any loss, fraud, suspected fraud, dishonest use or theft of the mobile phone number, whether with or without the mobile phone. The Customer shall remain liable for all charges incurred until NETS is so informed. The Customer must re-apply with NETS if he intends to have the iNETS Mobile Services application in his new mobile phone number.
  4.10 In case there is a problem and the iNETS Mobile Services cannot be used for payment, the Customer may be responsible to make payment for the Merchants’ goods or services by other modes of payment.
  4.11 The Customer shall inform NETS in the event that he terminates his mobile phone number.
 
5.
 SUSPENSION / TERMINATION
  5.1 NETS may, without notice, suspend the iNETS Mobile Services to the Customer wholly or partially for any valid reason and without limitation, including where:->
  1. the Customer is likely to create imminent physical harm (including but not limited to interruption, disruption or congestion) to the Network or instability to the iNETS Mobile Services;
  2. the Customer fails to observe any term or obligation set out in these Terms or any relevant law; or
  3. such action is deemed necessary by NETS or the regulatory authority (eg for maintenance, security or other valid reasons).
  5.2 NETS may, by written notice or such other forms as NETS deems appropriate, terminate the iNETS Mobile Services application with effect from the date set out in the notice, where:-
  1. the Customer fails to rectify a situation which has given rise to a suspension of the iNETS Mobile Services, within [ ] days of the suspension being imposed;
  2. the Customer enters any liquidation or is adjudicated bankrupt, becomes insolvent or makes any composition or arrangement with or assignment for the benefit of creditors;
  3. the Customer has not accessed his iNETS Mobile Services for at least [ ] months; or
  4. if for any reason NETS is unable to provide the iNETS Mobile Services to the Customer.
  5.3 Notwithstanding any other provision contained herein, NETS may terminate or withdraw the iNETS Mobile Services without assigning any reason, by giving the Customer three (3) months prior written notice or such other forms as NETS deems appropriate, and will not be liable to provide the iNETS Mobile Services after the expiry of that period.
  5.4 Where NETS exercises any of its powers under this Clause 5, such exercise shall not prejudice or affect the exercise of any other right or remedy which may be available to NETS.
   
6.
 CUSTOMER INFORMATION
  6.1 In using the iNETS Mobile Services, the Customer will be required to provide personal financial and billing information in order to effect a Transaction. By using iNETS Mobile Services, the Customer expressly authorises NETS to share this information with such person as authorised by NETS, from time to time, to receive such information and / or relevant authorities, and in any event where required or permitted by law.
  6.2 The Customer hereby authorises NETS to use the information provided for his MyNETS Account to manage and link to the iNETS Mobile environment to enable a more efficient flow and aggregation of information between the different channels.
  6.3 NETS, its group members, its board, directors or staff may not be held liable for any damage or loss arising from the access to, consultation or use of the Customer information that NETS has disclosed or utilised in accordance with Clauses 6.1 and 6.2 above, except in cases of proven fraud or serious misconduct on their part.
  6.4 The Customer hereby expressly consents to NETS or NETS’ agents from time to time for contacting the Customer by post, telephone, e-mail, text message, or other method regarding details of specific promotions or information on various products or services, either from NETS or other third parties.
   
7.
 TRADEMARKS
  7.1 The iNETS Mobile Services trademark, logo and any other NETS’ brand name, whether registered or unregistered, are the property of NETS which the Customer will not be entitled to use in the course of trade or otherwise in relation to any goods or services of the Customer so that any person might reasonably import a connection between those goods or services and NETS or any part of NETS. The Customer also agrees not to infringe any copyright, or registered or unregistered trademark rights belonging to any third party in respect of the iNETS Mobile Services.
  7.2 Title to and all intellectual property rights in the software associated with the iNETS Mobile Services, associated documents and all parts thereof will be and remain vested in and be the absolute property of NETS.
  7.3 Nothing in these Terms will be deemed to or require NETS to transfer, assign or license any intellectual property rights to the Customer.
 
8.
 DISCLAIMERS
  8.1 The iNETS Mobile Services are provided on an ‘as is’ and ‘as available’ basis and NETS disclaims any express or implied representation or warranties of any kind in relation to the iNETS Mobile Services including but not limited to availability, accessibility, timeliness and uninterrupted use of the iNETS Mobile Services; or sequence, accuracy, completeness, timeliness or the security of any information transmitted using the iNETS Mobile Services or provided to the Customer as part of the iNETS Mobile Services.
  8.2 The Customer acknowledges that his ability to access and use the iNETS Mobile Services depends on the features and functionality of Customer’s mobile phone or software and the nature and quality of the information being accessed.
  8.3 NETS reserves the right to withdraw its iNETS Mobile Services at any time without notice and shall not be liable to the Customer for any losses or damages for such withdrawal.
  1. the use of the iNETS Kiosk Services;
  2. any delay or failure in the use of the iNETS Kiosk Services;
  3. any failure, interruption, delay, suspension or restriction in the transmission of payment to the Merchant;
  4. the payment being rejected by the iNETS Kiosk Service for whatever reason; or
  5. any inability to retrieve any data or information to effect the Transaction;

provided that the same is not caused by the gross negligence or wilful default of NETS.
  8.4 NETS will provide the Customer with the iNETS Mobile Services using the Network. However, there may be further upgrades made to the Network to harness any advances in technology. In order to use services provided by NETS, the Customer may need to upgrade his mobile phone and / or software / hardware at his own expense.
  8.5 By using the iNETS Mobile Services, the Customer acknowledges that his use of the iNETS Mobile Services, may at any time, be affected by various factors, including but not limited to, disruptions, messages not going through, delays or unsuccessful transactions.
  8.6 Notwithstanding anything to the contrary contained herein, NETS and its respective officers, employees, contractors or agents shall not be liable in any way to the Customer for any losses (including any indirect, special or consequential losses), damages, expenses, claims, liabilities and costs (including cost on a full indemnity basis) that the Customer may incur or suffer in connection with or arising from:
  1. the use of the iNETS Mobile Services;
  2. any delay or failure in the use of the iNETS Mobile Services;
  3. the payment being rejected by the iNETS Mobile Service for whatever reason; or
  4. any inability to retrieve any data or information to effect the Transaction;

provided that the same is not caused by the gross negligence or wilful default of NETS.
  8.7 For avoidance of doubt, NETS provides a payment service, is not a sales agent for any Merchant and makes no representation and gives no warranty as to the content, quality, availability, suitability or timeliness of any goods and services offered by the Merchants in the iNETS Mobile Services. The purchase of such goods and services is at the Customer’s sole risk and NETS shall not be responsible or liable for any direct or indirect loss or damage suffered by the Customer arising from the purchase of such goods or services. Any terms and conditions of the Merchant pertaining to the sale of its goods or services shall apply to such goods and services and the Customer should refer to the relevant Merchants offering their goods and services in the iNETS Mobile Services for relief.
   
9.
 EXCLUSION OF LIABILITY
  9.1 NETS shall not be liable for any injury, loss or damage, whether foreseen or unforeseen, directly or indirectly resulting from:-
  1. any failure, interruption, delay, suspension or restriction in providing the iNETS Mobile Services to the Customer which is due to any acts of God, requirements of any governmental or regulatory authority, industrial actions, strikes, lock-outs, power outages, riots, wars, acts of terrorism, accidents, fire, flood, lightning, equipment failure, computer or software malfunction, electrical power failure, faults, interruption or disruption of the Network or of equipment of NETS or the equipment or network of any third party, national emergency or epidemics of infectious diseases or any other cause whatsoever which is beyond the reasonable control of NETS;
  2. any claim by a Customer relating to the supply of the iNETS Mobile Services or any goods or services offered by NETS or the Merchants via the iNETS Mobile Services;
  3. any fraud by the Merchants or any third person not under the control of NETS who uses or purports to use any services or goods supplied by the iNETS Mobile Services;
  4. any unlawful or unauthorised use of or access to the Network or iNETS Mobile Services by the Customer or third parties;
  5. any claim arising out of any act or omission by the Customer;
  6. any valid suspension or discontinuation of the iNETS Mobile Services;
  7. any claim arising in relation to the provision (or non-provision), maintenance or use of telecommunications lines, channels, equipment, networks or services or arising out of Transaction being dropped for any reason;
  8. any failure, interruption, delay, suspension or restriction in the transmission of payment to the Merchant; or
  9. any claim arising out of or resulting from the quality of fitness for the purpose of, the iNETS Mobile Services supplied to the Customer.
  9.2 Notwithstanding anything in these Terms, NETS shall not be liable in any way for any losses (including any indirect, special or consequential losses), damages, expenses, claims, liabilities and costs (including cost on a full indemnity basis) whether it is foreseen or unforeseen, including but not limited to loss of profits, data, revenue, business, anticipated savings or goodwill, which the Customer may incur or suffer in connection with or arising from the use of iNETS Mobile Services.
  9.3 NETS shall exercise reasonable skill and care in the provision of the iNETS Mobile Services.
  9.4 Except as expressly provided in these Terms, all conditions, terms, warranties and representations whether express or implied by law in relation to the provision of the iNETS Mobile Services are excluded to the fullest extent permitted by the applicable law.
   
10. INDEMNITY
  10.1 10.1 The Customer shall indemnify and hold harmless NETS in respect of any and all direct and indirect damages, losses, costs (including costs on a full indemnity basis), expenses, claims, proceedings or actions suffered or incurred by NETS or any other third party by reason of any breach or non-compliance of these Terms or by NETS in enforcing any of these Terms or preventing any breach thereof, or by NETS in providing and the Customer’s using the iNETS Mobile Services including but not limited to any personal injuries suffered, or any other liabilities incurred by NETS.
     
11. VARIATION
  11.1 NETS may, at any time and in its absolute discretion, amend or vary the Terms and / or withdraw, suspend or change the iNETS Mobile Services, without reference to the Customer.
     
12. ASSIGNMENT
  12.1 The Customer shall not, except with NETS’ written consent, assign or otherwise transfer its rights and obligations under these Terms in whole or in part to anyone.
  12.2 Notwithstanding the above, NETS reserves the right to transfer all rights and obligations under these Terms to any related corporation or associated company of NETS at any time, and the Customer consents to such transfer. NETS will publish information of such transfer as it deems appropriate, including by posting on the NETS website or such other forms as NETS deems appropriate) of such transfer.
     
13. GOVERNING LAW
  13.1 These Terms shall be governed by and construed in accordance with the laws of the Republic of Singapore and the Customer hereby irrevocably and unconditionally submits to the non-exclusive jurisdiction of the Courts of the Republic of Singapore in relation to the iNETS Mobile Services.
   
14. MISCELLANEOUS
  14.1 Any waiver or concession permitted by NETS is limited to the specific circumstances in which it is given and does not affect the rights of NETS under these Terms in any other way.
  14.2 If any provision of these Terms is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Terms and the remainder of the provision(s) in question shall not be affected thereby.
  14.3 These Terms may be translated into other languages but in the event of any inconsistency or uncertainty arising there from, this English version shall prevail over any other version(s).
  14.4 Any party, who is not a party to these Terms, shall not have any rights under the Contracts (Rights of Third Parties) Act (Cap. 53B) or any of its amendments.
     
 
® 2010 Network for Electronic Transfers (Singapore) Pte Ltd.