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OYA full Terms & Conditions

General Terms
OYA is the brand name of Red Otter Pte Ltd ("OYA", "Red Otter", “we'', “our”, and “us”), a data-only Mobile Virtual Network Operator (MVNO) that enables access to Singapore’s leading mobile network, and the ability to transmit and/or receive data over this network (the “Service”). 

“You” when used in these terms and conditions (“T&Cs”) shall mean the OYA customer of record and OYA customer end users. 

By using any Service in such a manner, you represent, acknowledge, and agree that you and any users (the “Users”) that have direct or indirect access to the Service through your account have read, understood, and agree to abide by these T&Cs. OYA does not pre-screen, censor, edit, control or monitor content on the Service, unless required by regulation or authorities. OYA reserves the right to: (i) remove any content which it determines is illegal, deceptive, harmful, offensive, or otherwise in violation of these T&Cs; and (ii) suspend or terminate without notice and without liability the Service if a violation of these T&Cs occurs. 

OYA may modify these T&Cs at any time effective immediately when posted to our website and mobile application. Your continued use of the Service constitutes your acceptance of any modifications to these T&Cs. 

Please read our T&Cs thoroughly and should you not agree to it please discontinue your access and/or use of our Channel along with any contents and/or services.

Access and use of our website and mobile application
By accessing and/or using OYA website and mobile application (“Channel”) you agree to be bound by our T&Cs for the use of any content and/or services provided by us.

Contents and/or services available on our Channel (all material available on our Channel including without limitation OYA logos and any other trademarks, logos, trade names and service marks, advertisements, promotional and marketing materials including any references to OYA) are for individual use only. Use for commercial and/or any other purposes without written consent from OYA are strictly prohibited. 

OYA may at our sole and absolute discretion, at any time with or without notice to you, temporarily suspend partly or all of our Channel for operational reasons, including without limitation repair, modification, maintenance, upgrade or improvement of our Channel, without liability to you.

We will determine at our sole discretion on a case-by-case basis for the steps necessary to address any breach of our T&Cs. Such steps may include investigation of suspected or alleged breach and you agree to cooperate and provide any information as we deem necessary for investigation purposes. Nothing in our T&Cs shall be interpreted to limit our actions or remedies in any matter and we reserve at all times all rights and remedies available to us under applicable law.

Eligibility
You are eligible for our Services (Data service excluding voice calls and SMS) provided you are at least 18 years old at the time of signup. You must reside in Singapore to be eligible to register for data service in Singapore.

Available service
We provide mobile data service through eSIM only. To use our Service you have to complete the eKYC process and possess an eSIM enabled device with Dual SIM Dual Standby (DSDS) technology on iOS 13 onwards.

You can purchase a pay as you go data plan when you need more data.
Our data service is only available in the countries and operators as we display in our Channel.

Payment and refund
We only accept credit/debit card payment via our mobile application. Red Otter will not charge for any Service provided to you without your consent. The applicable charges for the Service ("Charges") include:

Mobile data charges:
 S$5 for 1 GB of data andS$20 for 5 GB of data ordered through OYA mobile application

We may revise the Charges and any other billing and payment terms by providing reasonable prior notice to you, such that any variation or revision of such terms shall take effect as from the date determined by us.

In case there is any error in regarding to charging your credit/debit card. We will investigate the incident and refund the excess charged amount to you within 14 days after the investigation is closed. However, the actual date that refund amount will reflect on your statement is subject to your card issuer.

If you choose to dispute any Charges that you have paid or being charged, you have one year to do so from the date on which the Charges were paid.

Your notification to us of your dispute of any Charges should include the following information: the amount in dispute; and reasons why you are disputing the relevant Charges.

We will generally respond to you in writing within 30 days from the date we receive your notification of dispute. 

In the event both parties are unable to resolve any dispute, either party may seek to resolve such dispute in accordance with the "Dispute Resolution" clause below.

Our Acceptable Use Policy
As an end user, you agree to use the Service solely for your own personal use in accordance with these T&Cs, and agree not to directly or indirectly engage in the following when using the Service:
- Activities that violate any applicable law, court judgments, resolutions or orders, or administrative measures that are legally binding.
- Anything which is contrary to the acceptable use policies or standards of any connected network, mobile operator, service provider, content provider, server, computer database, web site or newsgroup accessed by you or any end user.
- Activities such as sending unsolicited email messages, including, without limitation, unsolicited bulk email, where such emails could reasonably be expected to provoke complaints or otherwise in contravention of applicable law.
- Sending emails or any other type of electronic message with the intention or result of affecting the performance or functionality of any computer facilities.
- Inserting or knowingly or recklessly transmit or distribute a virus or other code(s) that are designed to acquire information about other users or their activities without their approval, or in your use of the Service disrupting the functionality or availability of any computer program, database, the Service supplied to any other Customer, or any Internet host, or engaging in any other similar activities in relation to the Service.
- Forging, removing or modifying identifying network header information (spoofing), or employing any other method that may mislead any person or dishonestly disguising any user name or the source or quantity of transmissions.
- Activities that: (i) interfere with the servers and/or network systems of the Service; (ii) abuse the Service by means of BOTs, cheat tools, or other technical measures; (ii) exploit defects of the Service; (iii) make unreasonable inquiries and/or undue claims, or (iv) interfere with our operation of the Service or Users' use of the Service.
- Activities that cause annoyance or nuisance to or infringe on the rights or privacy of another person.
- Activities that infringe intellectual property rights, such as copyrights, trademarks and patents, privacy, and all other rights of OYA and/or a third party granted by law or contract.Deliberately receiving, using, owning, posting, transmitting or publishing communication that is offensive, abusive, harmful to minors, defamatory, obscene, menacing or otherwise objectionable or offensive.
- Using the Service to break or attempt to break into any computer hardware, software, system or procedure.
- Activities that lead to the misrepresentation of OYA and/or a third party, or intentionally spread false information.
- Other activities that are deemed by OYA to be inappropriate.

Intellectual Property rights
All our products and Services on our Channel including but not limited to any and all references to the OYA brand, are either trademarks and/or service marks of Red Otter Pte Ltd. The copyright, trademark, patent or other intellectual property rights in the contents of our Channel including all designs, logos, names, text, sound recordings, music, images, graphics, video and links are owned by Red Otter Pte Ltd. No license or rights is granted for you or any Users to use, reproduce, transmit, republish, upload, post, broadcast, adapt, distribute, display, license, insert a hyperlink in any manner without the written consent from us.

Indemnity

You agree to indemnify and hold Red Otter Pte Ltd. and each of our affiliates, and their respective directors, officers, employees, suppliers, vendors, licensors, agents and any third party content providers harmless from any claims, demands, losses, damages or expenses (including legal fees), arising from, relating to and/or in connection with (a) your use of our Channel and/or use of the Content and/or Services therein that is in breach of these T&Cs; (b) your negligence, omission, act or breach of any of the terms in these T&Cs; and/ or (c) intellectual property infringement pertaining to any content which you post or transmit on or via our Channel. We reserve the right to assume the defense and control of any matter subject to indemnification by you, in which event you will cooperate with us in asserting any available defences.

Disclaimer of warranties
All Content and Services provided on our Channel are provided on an as is and as available basis and you accept that your access or use of our Channel and all Content and Services provided are at your own risk. We expressly disclaim all warranties of any kind, whether expressed or implied, including the implied warranty of merchantability, satisfactory quality, fitness for a particular purpose and non-infringement to the fullest extent allowed by applicable law. Without prejudice or limitation to the foregoing, We makes no warranty as to the sequence, accuracy, completeness, security, compatibility, timeliness, reliability, quality, suitability, reliability, originality or non-infringement of any Content or Service obtained or provided on the Site. We do not warrant that any Service provided on our Channel will be provided uninterrupted or available at all times or free from errors or that any identified defect will be corrected; further, no such warranty is given that they are free of viruses, malicious destructive or corrupting code or program or other harmful components. If you encounter any difficulties in accessing our Channel, Red Otter may at its sole and absolute discretion, extend help and assistance to you as an act of goodwill but shall in no event be obliged to provide the same. The provision of such help and assistance shall in no event be deemed an acknowledgement and/or acceptance of any liability on us.

Limitation of liabilities
Without prejudice to the foregoing, and to the fullest extent allowed by applicable law, in no event shall Red Otter or its service providers, employees, officers, contractors or agents be liable for any direct, indirect, incidental, special, punitive or consequential damages, losses, costs or expenses including without limitation loss of revenue or profit, loss of data, costs or expenses (collectively, "Losses") whether based on warranty, contract, tort, including negligence, strict liability under statute or otherwise, and whether or not we are advised of the possibility of such Losses suffered or incurred by the Customer by reason of or in connection with the use of the Services provided on our Channel.

Without prejudice to the foregoing, Red Otter and its service providers, employees, officers, contractors or agents shall not be liable for any Losses suffered by you or any third party resulting in whole or in part from the exercise of our rights under these T&Cs. By accessing and using our Services, you agree to waive and hold Red Otter and its service providers, employees, officers, contractors or agents harmless from any claims relating to any action taken by us or our service providers, employees, officers, contractors or agents, including the conduct of an investigation, issuance of a warning, refusal, removal, modification or denial of access to content, products or services, suspending or terminating the Channel and Services, or other appropriate action in relation to any suspected or alleged breach of these T&Cs, to the extent permitted by applicable law.

Notwithstanding the above, if for any reason Red Otter cannot rely on the limitations of liability set out hereinabove and Red Otter is deemed liable to you, Red Otter shall have no liability in contract, tort (including negligence or breach of statutory duty) or otherwise to you and anyone who uses our Services (except for death or personal injury to the extent required by applicable law).

Termination or suspension of Service
We may suspend (indefinitely or for such period as we may consider appropriate) or terminate any Service (including where we are discontinuing or discontinue such Service) at any time by giving not less than 15 days' notice to you and stating our reason(s) for the suspension or termination of the Service and, in circumstances that we deem appropriate, the means by which you can avoid such suspension or termination.

We may immediately suspend (indefinitely or for such period as we may consider appropriate) or terminate (including terminate after suspending) any or all Services at any time after the occurrence of any of the following events, without giving any prior written notice thereof to you:

- if you have created or are likely to create imminent harm (including but not limited to interruption, disruption or congestion) to any telecommunications network, system or services (whether of Red Otter or any other person);
- if you use, allow the use, intend on using the Service fraudulently or dishonestly;
- If any of the information provided to us by you in relation to the Service is found to be false or materially incorrect;if we are acting in compliance with the requirement of any competent regulatory, governmental or judicial authority, including for reason of illegal or improper activity by you;
- if you are deceased or have mental incapacity;if any proceeding is commenced before any court of competent jurisdiction for your bankruptcy, judicial management, winding-up, liquidation or the appointment of any receiver over any of your assets or you suspend payment of your debts or make any proposal or offer of arrangement or composition to all or any class of your creditors with respect to your debts;
- if any action is taken by any of your creditors to recover, realise or enforce any security over any of your assets or to enforce any judgment against you;
- and without prejudice to our other rights, if you repeatedly use, allow the use, intend on using the Service to cause infringement of copyright in any material, or repeatedly commit infringement of copyright in any materials on or using our network. For the purposes of this clause, a repeat infringer is one who has been notified by us of infringing activity violations more than once, or in any event is determined by us to be a repeat infringer even without such notification.

Notwithstanding any suspension or termination of the Service, you shall, subject to applicable law, remain liable for the performance of your obligations under these T&C including without limitation, the payment of all outstanding Charges, unless otherwise agreed to in writing by us. Where any Service has been suspended or terminated, all related services and/or services which can only be provided through the suspended or terminated Service will also be suspended or terminated, as the case may be.

We may, at our own discretion, reinstate any Service which has been suspended or terminated.If you decided to cancel the membership, the subscription will be terminated with immediate effect and all your remaining unused amount of data will not be able to recover.

Ethics and Integrity
We have zero tolerance on corruption and our ethical standards promote proper business practices and reflect relevant laws, regulations and internationally recognised standards. Integrity is a vital part of our business. Red Otter’s management is committed to sending clear, unambiguous and regular messages to all staff and business partners that corruption and bribery are unacceptable. Our governing documents set one single standard which shall govern all business activities, regardless of where such activities take place.

Notices
All notices, communication and correspondence by us ("Communication") to you may be sent by us to you by hand, post, email, in app notifications, facsimile transmission or any other means deemed appropriate by us. Such Communication may be sent to your address, email or fax number as maintained in our records or from which we have received any communication from you. Any such Communication addressed and sent to you shall be deemed to have been received by you:

- If delivered by hand, on the date and at the time it was delivered to (or left at) your address;
- If sent by post within Singapore, one (1) day after it was posted, and if sent by post outside of Singapore, seven (7) days after it was posted;
- If transmitted by way of email, in app notifications or facsimile transmission, immediately at the time of transmission by us.

Any communication by you to us shall be in writing in the English language unless we specify otherwise. We have the right to regard any communication by you to us as invalid or ineffective if we have not confirmed our receipt of such communication to you.

Force Majeure
Neither party shall be liable to the other in respect of anything which, apart from this provision, may constitute a breach of these T&Cs arising by reason of circumstances beyond the reasonable control of either party, which shall include but shall not be limited to acts of God, requirements of any governmental, parliamentary or regulatory authority, fire, flood, drought, explosion, sabotage, accident, embargo, riots, strikes, lock-outs, industrial disputes (whether or not involving Red Otter's employees or representatives) war, civil commotion, national emergency equipment failure, computer software malfunction, electrical power failures, interruption or disruption of the network of other service providers or of your equipment or the equipment of any third party, epidemics of infectious diseases or animal damage.

No waiver
Failure or neglect by a party to enforce at any time any of the provisions hereof shall not be construed nor shall be deemed to be a waiver of that party’s rights hereunder nor in any way affect the validity of the whole or any part of these T&Cs nor prejudice that party's rights to take subsequent action.

Severability
In the event that any of these terms, conditions or provisions shall be determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision shall to that extent be severed from the remaining terms, conditions and provisions which shall continue to be valid to the fullest extent permitted by applicable law.

Assignment
You shall not assign, transfer, novate or subcontract any of its rights and obligations under these T&Cs without our prior written consent. We may assign, transfer, novate, subcontract or otherwise dispose of any or all of our rights and obligations without your consent to any third party from time to time.

Amendments
To the fullest extent permitted under applicable law, we may, at any time, amend vary or supplement any terms and conditions of these T&Cs (including any Charges, tariffs and price plans) and withdraw, suspend or change any of the Service. We will give you reasonable prior notice (which may include advertisements, statements, letters, postings on our website or such other forms as we deem appropriate) of such changes. If you continue to use the Service after such notice, you will be deemed to have accepted the changes, which acceptance shall apply for the full term of the Service.

Third party rights
Save for the affiliates of Red Otter, a person (including any user) who is not a party to these T&Cs has no right to enforce any of these terms under the Contracts (Rights of Third Parties) Act (Cap 53B).

Telecommunications Act
These T&Cs is subject to the Telecommunications Act (Cap. 323) or any regulations made thereunder (including all amendments and revisions thereto from time to time in force) and to the terms and conditions of the telecommunication license granted to us under the said Act.

Governing law 
These T&Cs shall be governed and construed in all respects in accordance with Singapore law.

Dispute resolution
You hereby agree that all claims and disputes relating to or arising from these T&Cs, including any question regarding the existence, validity or termination of the Agreement shall be resolved in the following manner:

- by referring such dispute to the Small Claims Tribunal, if the dispute falls within the jurisdiction of the Small Claims Tribunal;
- if agreed by you and Red Otter, by jointly referring such disputes to and finally resolving such dispute by arbitration administered by the Singapore International Arbitration Centre in accordance with the Arbitration Rules of the Singapore International Arbitration Centre for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The tribunal shall consist of 1 arbitrator and the language of the arbitration shall be English;
- or by referring such dispute to any court of competent jurisdiction and, for this purpose, you hereby submit to the non-exclusive jurisdiction of the courts of Singapore with respect to any and all claims and disputes between Red Otter and you relating to or arising from these T&Cs.