Direct Carrier Billing Terms and Conditions for Apple App Store,

iTunes Store and Apple Music

(Effective: 21 January 2020)

1. Definitions

1.1. ‘Apple’ means Apple Distribution International.

1.2. ‘Apple Music’ means Apple’s music subscription service available on the music app.

1.3. ‘App Store’ means the digital content store as operated in Singapore that supports a variety of digital content available via Apple in Singapore, which may include applications, games, podcasts and other similar digital content types.

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

1.5. ‘iTunes Content’ means any digital content, including apps, music, movies made available for purchase and/or subscription, via the iTunes Store, Apple Music, the App Store.

1.6. ‘iTunes Store’ means the digital content store made available in Singapore that supports a variety of digital content available via Apple in Singapore, which may include music, movies and other similar digital content types.

1.7. 'Terms' means these Carrier Billing Terms and Conditions as well as Singtel’s General Terms and Conditions of Service (‘General Terms’), including any amendments thereto that Singtel may make from time to time in its discretion.

1.8. 'You' means any individual who uses Carrier Billing service.

2. Key Requirements for Registration

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. These Terms govern the billing of your purchases of iTunes Content, and shall form a binding agreement between You and Singtel. 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 the purchase of iTunes Content on the App Store on your behalf. For the avoidance of doubt, by virtue of such appointment, the relevant Singtel Group entity shall have the authority to enter into a binding legal contract on behalf in relation to any of your purchases pursuant to your use of the Direct Carrier Billing service.

2.2. In the event of any conflict or inconsistency between any terms, such conflict or inconsistency shall, in the absence of any express agreement to the contrary be resolved in a manner most favourable to Singtel, to the fullest extent permitted under applicable law.

2.3. The words and expressions used in these Direct Carrier Billing Terms and Conditions, which are defined in the General Terms but are not defined in these Direct Carrier Billing Terms and Conditions, shall have the same meanings as defined in the General Terms unless the context otherwise requires.

2.4. The headings or titles to the clauses in these Specific Terms and Conditions are to facilitate reference and shall not be referred to or relied upon in the construction of any provision of these terms.

2.5. You are deemed to have accepted these Terms for future transactions, when You expressly agree to the Terms at the point of registration for the Direct Carrier Billing service.

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

2.7. If You allow any other person (including minors and persons without legal capacity) (a "Third Party") to access or use the Direct Carrier Billing service, You agree to be responsible for (a) ensuring that such Third Party complies with the Terms, and (b) the actions, omissions and defaults of such Third Party in relation to the Direct Carrier Billing service, including any purchase or subscription of iTunes Content made by such Third Party through your account or device.

2.8. By using Direct Carrier Billing Service, You consent and authorise Singtel to exchange information with Apple in order to process your payment transaction with the Seller. This information includes your mobile telephone number and the status of your carrier account.

3. Provision of Carrier Billing Service

3.1. You can use Direct Carrier Billing to purchase applications, such as downloadable or networked applications, games, ring-tones and tools) (‘Apps’) for use on your devices.

3.2. You accept and acknowledge that Singtel’s role here is solely that of acting as your agent in providing you with the Direct Carrier Billing service, and Singtel has no control of the App or the contents of the App. Singtel is not responsible to ensure that Applications and/or content will not contain or promote anything defamatory, illegal or discriminatory.

3.3. Singtel shall not be liable for any for any failure of the App, any delay in or any failure under this Agreement if that delay or failure is caused by circumstances beyond Singtel’s control or by a third party.

3.4. The use of the App is subject to the terms and conditions contained therein, including the relevant end user license agreement, as set out on the respective website or wapsite or as otherwise provided to You by them.

3.5. Singtel does not provide any operational or technical support for Apps.

3.6. Singtel may suspend or terminate your use of the Direct Carrier Billing service where it is suspected that there is unauthorized or fraudulent use.

3.7. 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”.

4. Charges and Payment

4.1. Prices for Applications and/or contents are determined by the App provider or Apple and are subject to adjustment or applicable taxes or currency exchange rates.

4.2. As Your appointed and authorised commercial agent, Singtel is authorised to conclude the purchase of iTunes Content on the App Store on your behalf. You agree and acknowledge that by your acceptance of a charge or prices for the App and/or contents during the transaction process, Singtel shall be entitled to collect payment from You through Direct Carrier Billing for the costs of all purchases of iTunes Content made by Singtel on your behalf.

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 require to refer to the subscription cancellation option at the time of subscribing the service. The cancellation request has to be made to the respective vendor or 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.

4.4. You agree to indemnify Singtel for the costs incurred by Singtel in connection with making purchases on your behalf as your authorised commercial agent under these Terms. This includes any charges arising from any access or use of your account or device (by You, a Third Party or otherwise) to purchase iTunes Content on the App Store.

4.5. All Direct Carrier Billing payments will be charged to you on your monthly phone bill. From time to time, and upon request, Singtel may grant a full or partial waiver of Direct Carrier Billing charges for your purchases of iTunes Content. Waiver requests will be assessed by Singtel on a case-by-case basis in its sole and absolute discretion. For avoidance of doubt, the grant of a waiver does not entitle You to receive future waivers from Singtel, and shall not in any way prejudice or affect Singtel's other rights against you.

5. Customer Support

5.1. Apple will provide all customer support regarding the iTunes Content billed through Direct Carrier Billing Service with Singtel.

5.2. For all other customer support questions in connection with customer’s bill with Singtel, Singtel will provide customer support.

6. Refunds and Returns

6.1. All purchases of the Applications or content are final.

6.2. If Your account has unauthorised charges, please visit this page www.itunes.com/bill to submit a request for a refund to Apple for a charge You don’t recognise..

6.3. All refunds are at Apple’s discretion. Apple will make all decisions in connection with providing a refund to a customer for a charge, in which Singtel will be notified by Apple to resolve the authorized charges.

7. Personal Information

7.1. 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 Apple, governmental, including tax, authorities in connection with a purchase of the App(s) or 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.

7.2. To the extent permitted by applicable laws, You agree and consent that any and all personal data You provide to Singtel or collected by Singtel from your use of the Direct Carrier Billing service, may from time to time be used and disclosed for such purposes and to such persons in accordance with Singtel’s Terms and Conditions of Services – General (accessible at http://info.singtel.com/terms-general) and Singtel’s Data Protection Policy (accessible at http://info.singtel.com/personal/dataprotection), as amended from time to time.

7.3. Singtel shall not be responsible for any personal data that You provide to Apple or via the App. The personal data that You provide to third parties are governed by such third party terms and conditions and personal data policies (if any).

8. Warranties

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

9. Liabilities

9.1. We shall not be liable for any loss or damage suffered in connection with the use of this service. To the maximum extent legally permitted, Singtel’s aggregate liability for direct damages under any legal theory (including contract, tort, strict liability, statute or otherwise, shall in all circumstances be limited to SGD20, and Singtel shall not be liable for any other loss or damages, including without limitation indirect, incidental, consequential losses under any circumstances.

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

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

10. General

10.1. 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) breach of any provision of these Terms.

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

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