NO 999, 995 OR OTHER EMERGENCY SERVICE.
YOU ACKNOWLEDGE AND UNDERSTAND THAT THE PHONE OUT BY YAHOO! VOICE SERVICE DOES NOT SUPPORT AND DOES NOT PERMIT YOU TO ACCESS ANY EMERGENCY SERVICES (INCLUDING BUT NOT LIMITED TO SERVICES ACCESSED VIA TELEPHONE NUMBERS 999, 995 OR 1777 IN SINGAPORE), AND THAT YOU WILL HAVE AND WILL USE ALTERNATIVE MEANS TO ACCESS SUCH EMERGENCY SERVICES. PLEASE INFORM ALL PERSONS WHO WILL OR MAY USE THE PHONE OUT BY YAHOO! VOICE SERVICE, OR WHO WILL OR MAY USE THE HARDWARE AND/OR DEVICE(S) USED BY YOU TO USE OR ACCESS THE PHONE OUT BY YAHOO! VOICE SERVICE, THAT THEY MUST ACCESS SUCH EMERGENCY SERVICES THROUGH A TRADITIONAL LANDLINE (WHETHER ANALOGUE OR DIGITAL) OR MOBILE PHONE. THE PHONE OUT BY YAHOO! VOICE SERVICE IS NOT INTENDED TO REPLACE YOUR PRIMARY PHONE SERVICE, SUCH AS A TRADITIONAL LANDLINE (WHETHER ANALOGUE OR DIGITAL) OR MOBILE PHONE.
TERMS AND CONDITIONS APPLY TO THE PHONE OUT BY YAHOO! VOICE SERVICE ("SERVICE"). YOU MUST PURCHASE CREDITS FOR THE SERVICE ON A PREPAID BASIS, UNLESS YOU RECEIVE AND ELECT TO ACCEPT A FREE OFFER FOR CREDITS. CREDITS PURCHASED WILL EXPIRE 180 DAYS FROM THE LATER OF THE DATE OF PURCHASE, OR THE MOST RECENT DATE ON WHICH YOU USED THE SERVICE. FREE CREDITS WILL EXPIRE 180 DAYS FROM THE DATE ON WHICH THEY ARE CREDITED. Credits for the Service can only be used with or redeemed through Yahoo! Pte Ltd, and cannot be redeemed for cash, returned for a cash refund or credit to your credit card, exchanged or used for anything other than the Service, transferred to any other person or account, or replaced (whether with or without a fee) if stolen or destroyed or if you are unable to access or use them for any reason other than any default of Yahoo! Pte Ltd. The Service is open only to persons of legal age resident in Singapore. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. Yahoo! Pte Ltd expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, satisfactory quality, fitness for a particular purpose and non-infringement (other than any warranty the exclusion of which is not lawful). Yahoo! Pte Ltd reserves the right to change the applicable terms and conditions from time to time, in accordance with the prescribed procedure. Please read the full Terms of Service during registration.
1. TERMS OF SERVICE FOR PHONE OUT BY YAHOO! VOICE SERVICE
1.1 Acceptance of Terms of Service
Welcome to the Phone Out by Yahoo! Voice service (the "Service"), a premium service provided by Yahoo! Pte Ltd ("we" or "us"
as the case may be). By clicking the "Place Order" button and thereafter using and continuing to use the Service from time
to time, you agree to these Terms of Service (the "Phone Out TOS"). If you have previously received and elected to accept
a free offer for credits for the Service, you will have already agreed to the Phone Out TOS. We may from time to time update
or change the Phone Out TOS and any documents or information (including but not limited to the calling rates applicable to
the Service) incorporated into the Phone Out TOS by reference by providing reasonable advance notice to you. You acknowledge
and agree that we may provide notice of such update or change to you by way of e-mail, publication of notices or links to
notices on our website at http://sg.voice.yahoo.com and/or other appropriate means.
You hereby irrevocably agree that your continued use of the Service after such update or change will constitute your acceptance
of and agreement to be bound by the updated or changed Phone Out TOS, which will then apply as if all of the credits in your
then-current unused Account balance had been purchased or received by you (whether free, for payment or otherwise) subject to
the updated or changed Phone Out TOS. You can review the most current version of the Phone Out TOS at any time at:
http://sg.voice.yahoo.com/phoneout_tos.php.
1.2 Applicability of Terms of Service
The Phone Out TOS applies to and governs only your use of the Service. Your use of the other services provided by or on behalf
of us or our licensors (the “Other Services”) remains subject to the relevant terms governing such other services. Similarly,
your use of the Software (as defined below), whether to use the Service or otherwise, remains subject to the Software License
Agreement governing the Software. Unless expressly stated otherwise, the Phone Out TOS is not intended to restrict or limit in
any way any of the provisions of the terms governing the Other Services or the Software License Agreement governing the Software.
Notwithstanding the foregoing, in the event and to the extent of any inconsistency between the provisions of the Phone Out TOS
on the one hand, and the relevant terms governing the Other Services and/or the Software License Agreement governing the Software,
the provisions of the Phone Out TOS shall prevail. The Phone Out TOS do not apply to any affiliate services, third-party content
or third-party software (which for the avoidance of doubt excludes the Software) that does not or cannot reasonably be deemed to
form part of the Service which may be provided to you by any third party, which may be subject to additional terms and conditions
imposed by that third party.
2. DESCRIPTION OF SERVICE
2.1 General
The Service allows you to pay for Voice over Internet Protocol (VoIP) outbound calls to normal telephones (whether landline or
mobile), and to make such calls using a version of the Yahoo! Messenger software that supports the Service (the "Software").
By way of example only, Yahoo! Messenger version 7.5 supports the Service, but Yahoo! Messenger version 7.0
does not. To enable your use of the Service, you must download and install the Software and agree to the relevant Software License
Agreement. For more details and to download the Software, please visit http://sg.messenger.yahoo.com.
You must also pay for your VoIP outbound calls in advance by purchasing a prepaid calling package and maintaining sufficient funds in your
account for the Service (your "Account") in accordance with the Phone Out TOS, before you can use the Service to make such calls.
2.2 Equipment and Internet Access
In addition to the Software and the prepaid calling package, in order to use the Service, you must also have the appropriate equipment
and Internet access. You are solely responsible for obtaining such equipment (including but not limited to a computer, modem, headset
or speakers and microphone) and the set-up, configuration and compatibility thereof, and for obtaining and paying for such Internet access.
If the Service, or any modification to the Service, requires any changes in your hardware, software or other equipment or the speed of your
Internet access, you must effect these changes at your own expense. We will inform you of any such modifications to the Service in advance,
whether by way of e-mail, publication of notices or links to notices on our website at
http://sg.voice.yahoo.com and/or other appropriate means.
3. YAHOO! ID REQUIREMENT
To use the Service, you must have and maintain at all times a valid Yahoo! ID (which may be registered with us, our parent company Yahoo! Inc or any of our affiliates). To obtain a valid Yahoo! ID, you must provide your name, address and other personal information (your "Registration Data"). If you do not have a Yahoo! ID, you will be prompted to, and you must, complete the registration process for one and obtain a valid Yahoo! ID before you can purchase a prepaid calling package. For the avoidance of doubt, your use of your Yahoo! ID is and will at all times remain subject to the prevailing version of our Terms of Service, the most current version of which is available at: http://sg.docs.yahoo.com/info/terms/.
4. REGISTRATION FOR THE SERVICE
4.1 Registration Obligations
Before you can access or use the Service, you must register for the Service by setting up your Account. When you register for the Service,
you must provide your credit card, billing and other information (your "Credit Data"). In consideration of the Service being made available
to you, you agree to: (a) provide true, accurate, current and complete Registration Data and Credit Data as may be required, and (b) maintain
and promptly update the Registration Data and Credit Data to keep them true, accurate, current and complete. We reserve the right to contact
you to verify your Registration Data and Credit Data at any time. You also hereby represent and warrant that (i) you are of legal age to form
a contract that is binding and enforceable against you without need for ratification, (ii) you are not a person barred from receiving services
(including the Service) under the laws of Singapore or any other applicable jurisdiction, and (iii) you are a resident of Singapore at all
material times when using the Service. In this regard, you acknowledge that we make available to you, or permit you to access, use and/or
purchase credits for, the Service in reliance of these representations.
4.2 Credit Card Verification
In order to protect our users from potential fraud, we may take steps to verify the validity of the credit card information you provide to us.
We may debit your credit card account for a small amount between S$0.01 and S$1.99 and then immediately credit that same amount back to your
credit card. We then may ask you to verify the amount debited in order to confirm that you are in possession of your credit card. We will only
use this process to screen for fraud, and will not otherwise debit your credit card account unless authorized by you to do so. By agreeing to
this TOS and/or by signing up for and funding your Yahoo! prepaid account, you authorize us to debit and credit your credit card account for
an amount less than S$1.99, as described above.
4.3 Conditions Precedent
You acknowledge and agree that the verification of your credit card in accordance with Section 4.2 and your maintenance of a valid Yahoo! ID
in accordance with Section 3 are conditions precedent of the Phone Out TOS and for the provision of the Service to you from time to time.
Until and unless your credit card is verified and you maintain a valid Yahoo! ID, and both conditions precedent are and remain at all times
satisfied, you will not be permitted to access or use the Service. In the event that your credit card is not verified for any reason whatsoever
after seven (7) days from the date on which you first register for the Service and/or you fail to obtain a valid Yahoo! ID or your Yahoo! ID
is terminated at any time for any reason whatsoever, you shall be conclusively deemed to have failed to satisfy the conditions precedent, and
any agreement that may exist between you and us in relation to the Service will immediately become null and void, and we will suspend or
terminate the Account created by you without any liability to your or to any third party. The foregoing is without prejudice and in addition
to our rights of suspension and termination in Section 13.
5. PAYMENT AND CALLING RATES
5.1 General Terms
We will immediately and automatically bill your credit card for the price of any prepaid calling package selected and purchased by you. Your
credit card will be billed in Singapore dollars.
5.2 Payment for Prepaid Calling Packages
You must pay for your use of the Service on a prepaid basis, by purchasing a prepaid calling package in accordance with the Phone Out TOS. The
appropriate amount under the prepaid calling package purchased by you will be credited to your Account upon successful billing to your credit card.
In the event of a chargeback in relation to any purchase of a prepaid calling package, or any other situation whereby we do not receive complete
payment of the sum payable to us in respect of your purchase of any prepaid calling package, we will deduct from your Account the amount of
credits equivalent to the sum not received by us that is otherwise payable to us.
5.3 Auto Recharge Feature
If you have previously created a Yahoo! Wallet, you may use the "Auto Recharge" feature of the Service to automatically recharge or top-up
your Account balance from time to time. You may do so by enabling the "Auto Recharge" feature during the ordering process when you purchase a
prepaid calling package. If you do so, your credit card will be automatically charged for that same prepaid calling package on a recurring
basis every time your Account balance falls below SGD$2.00. Please note that if you exhaust the Account balance during the course of a call,
you may be disconnected, in which case you must make your call again to use the additional amounts credited to your Account through the
"Auto Rechard" feature. You may disable the "Auto Recharge" feature at any time by logging in to your Account at
http://sg.voice.yahoo.com/services.php. You cannot use the "Auto Recharge" feature
if you do not have a Yahoo! Wallet. Please note that the creation and use of a Yahoo! Wallet is subject to additional terms and conditions
and guidelines specifically applicable to that service.
5.4 Calling Rates
Each time you use the Service to make an outbound call, you will be charged at the then-current calling rates for each minute of your call.
The duration of your outbound call will be rounded up to the next minute, and calls less than one minute will be charged as one minute.
The calling rates applicable to the Service at any time (which are hereby incorporated into the Phone Out TOS by reference) are available
at: http://sg.voice.yahoo.com/phone_rates.php. All currency references are in
Singapore dollars. All calling rates are subject to update or change from time to time in accordance with Section 1.1.
5.5 Account Balance
Charges for your use of the Service are automatically deducted from your Account balance when you make an outbound call using the Service.
If you have received a free offer for a specific amount, that amount will either be credited into your Account, or it will be consumed
first before your Account balance is deducted. If your Account balance is lower than the cost of making an outbound call, you will not be
able to initiate a call using the Service. For the avoidance of doubt and notwithstanding anything to the contrary in the Phone Out TOS,
you will not be required to pay, and we are not entitled to deduct any amount from your Account balance, for any service that you did not
consent to receiving. There is no minimum dollar amount needed in your Account for it to remain active. As the Service is provided to you
on a prepaid basis, we will not send you any statements or bills in relation to your Account. You agree to regularly check your Account
balance by logging in to your Account at http://sg.voice.yahoo.com/services.php, and
to immediately notify our Customer Care group at http://help.yahoo.com/help/sg/abuse/
of any error, inaccuracy or discrepancy with respect to any amount (whether credited to or deducted from your Account balance), item,
entry or information in relation to your Account balance as recorded or stated in your Account. All charges for the use of the Service
that are deducted from your Account balance as recorded or stated in your Account will be conclusively deemed to be correct and accurate,
if you do not dispute such charge in the manner and within the period described in Section 5.9.
5.6 Use of Credits
Credits in your Account and/or your Account balance cannot be: (a) redeemed for cash; (b) exchanged or used for anything other than
outbound calls made using the Service; (c) transferred to any other person or account; or (d) replaced (whether with or without a fee)
if stolen or destroyed, or if you are unable to access or use such credits and/or your Account balance for any reason other than our
default (for instance, where you forget your password to access the Account and you are unable to prove that you are entitled to
access and use the Account to make outbound calls using the Service).
5.7 Refund Policy
Please note that your Account balance and all prepaid calling packages purchased are strictly non-refundable, unless we expressly
notify you to the contrary (which will be at our sole discretion) and save as provided in Section 13.6.
5.8 Taxes and Fees
You agree to be responsible for any applicable taxes (including but not limited to goods and services tax), fees or charges, now
in force or enacted or levied in the future, in connection with your use of the Service.
5.9 Disputed Charges
If you wish to dispute, for any reason whatsoever, any charge for the use of the Service that was deducted from your Account balance
as recorded or stated in your Account, you must provide us with a written notice of such dispute not later than one (1) year after
the date of such charge by contacting our Customer Care group at http://help.yahoo.com/help/sg/abuse/.
Your notice must include all relevant details of and reasons for your dispute and supported by all necessary documentary evidence. Such reasons for
dispute include but are not limited to your reasonable belief that the charge was improperly calculated and/or that we have not provided the Service
as agreed with you. We will then conduct a complete and objective review of the dispute and will provide a written response to you not
later than thirty (30) days after we receive your notice. Notwithstanding anything to the contrary in the Phone Out TOS, our liability
and the liability of our licensors, suppliers, vendors, parent, holding, subsidiary and related companies, affiliates, officers, agents,
co-branders or other partners, and employees (collectively our “Related Persons”) in respect of a charge disputed by you shall not in
aggregate exceed the amount of such disputed charge. Furthermore, we reserve the right to address any dispute or complaint you may
have on an expedited basis, at our sole discretion.
5.10 Free Credits
All credits and Account balances that you have received without having to make any payment to us are subject to the Phone Out TOS,
except insofar as they provide for your payment for credits and disputes over charges. Such credits and Account balances may also
be subject to additional terms and conditions, which will continue to apply at all times unless Yahoo! notifies you otherwise. For
the avoidance of doubt, any such additional terms and conditions will have been provided or made available to you at the time when
you received and/or elected to accept the offer for free credits for the Service.
6. USE OF THE SERVICE
6.1 No Access to 999, 995 or Other Emergency Service or Premium Phone Numbers
You acknowledge and understand that the Service does not support and does not permit you to access any emergency services (including
but not limited to services accessed via telephone numbers 999, 995 or 1777 in Singapore) or any premium phone numbers (including
but not limited to the directory assistance service (100) and 1900 numbers), and that you will have and will use alternative means
to access such emergency services and premium phone numbers. Please inform all persons who will or may use the service, or who will
or may use the hardware and/or device(s) used by you to use or access the Service, that they must access such emergency services
and premium phone numbers through a traditional landline (whether analogue or digital) or mobile phone. The Service is not intended
to replace your primary phone service, such as a traditional landline (whether analogue or digital) or mobile phone. You agree that
we and our Related Persons are not liable to you or to any third party for any claim, damage or loss, and you hereby irrevocably
waive (to the maximum extent permitted by applicable law) any and all claims or causes of action, directly or indirectly arising
out of or in connection with any inability to use the Service to access any emergency service or any premium phone number.
6.2 Maximum Call Duration
The maximum duration of each outbound call made using the Service is three (3) hours. A call made using the Service will automatically
disconnect after this maximum duration.
6.3 Expiry of Credits
All prepaid calling packages and unused Account balances that you have paid for will expire 180 days from the later of (a) the date of
purchase, or (b) the most recent date on which you used the Service. All unused Account balances that you have received without having
to make any payment to us will expire 180 days from the date on which they are credited. We may, but are not obliged to, give your
prior notice of any such expiration (whether or not you have paid for such calling packages or unused Account balances). You can check,
and it is your sole responsibility to regularly check, the expiration date of your Account balance by logging into your Account at
http://sg.voice.yahoo.com/services.php.
6.4 Unauthorised Use
It is your sole responsibility to safeguard your Account against unauthorised or fraudulent use. Please notify us immediately by
contacting our Customer Care group at http://help.yahoo.com/help/sg/abuse/
if you have any reason to suspect or if you believe that there has been any unauthorised or fraudulent use or that the security of your
Account has been compromised in any way. Upon any such notification, you agree to immediately change your password for your Account to a new
secure password, and to provide all reasonable co-operation for any investigation undertaken by us. You also acknowledge and agree that
all transactions attributable to your Account, your Yahoo! ID and your password prior to your notification to us will be conclusively
deemed to be properly and lawfully undertaken by you or under your authority, and that no refunds or replacements whatsoever will be
provided for any amounts deducted from your Account balance as a result of any unauthorised or fraudulent use of your Account or of any
compromise of the security of your Account.
6.5 Children
Please remember that the Service is designed to appeal to a broad audience. Accordingly, if you are the legal guardian of any children,
it is your sole responsibility to determine whether the Service is appropriate to be used by your child or children.
6.6 General Practices
You acknowledge and agree that we may from time to time establish general practices and limits concerning the Service, including but not
limited to the maximum number of times you may access or use the Service in a given period of time and the maximum duration of each
outbound call made using the Service. Such general practices and limits are subject to update or change from time to time in accordance
with Section 1.1 of the Phone Out TOS.
7. PRIVACY
7.1 Privacy Policy
Your Registration Data, Credit Data and certain other information about yourself in relation to the Service (including but not limited to
information related to your usage of the Service, such as the number of calls, times of calls, duration of calls and numbers called)
(your Registration Data, Credit Data and such other information being collectively your "Service Information") is subject to Section
7.2 and our Privacy Policy (which is deemed to include and incorporate by reference the specific privacy module relating to the Software
and/or the Service at http://privacy.yahoo.com/privacy/sg/mesg/details.html),
which hereby is incorporated by reference into and made a part of the Phone Out TOS. By providing to us the Registration Data and Credit Data
and any other information and continuing to use the Service thereafter, you acknowledge and agree that we may release to third parties or
otherwise use your Service Information as specified in our Privacy Policy, and that you hereby consent to such release and use by us. For more
details, please see the full Privacy Policy at http://privacy.yahoo.com/privacy/sg. In the
event and to the extent of any inconsistency between our Privacy Policy and Section 7.2, Section 7.2 shall prevail.
7.2 Withdrawal of Consent
You may withdraw your consent to our release to third parties or other use of your Service Information as specified in our Privacy Policy,
by contacting our Customer Care group at http://help.yahoo.com/help/sg/abuse/ and thereafter
complying with such procedures as may be notified to you for effecting such withdrawal of consent. However, you acknowledge and agree that even
if you have withdrawn your consent as set out above, we will at all times be entitled to use your Service Information for the following purposes:
(a) planning, provisioning and billing for the Service and any other services provided by or on behalf of us to you; (b) managing bad debt and
preventing fraud related to the Service and any other services provided by or on behalf of us; (c) detecting, preventing or investigating into
fraud, in which event we may share your Service Information with other licensed providers of telecommunication providers in Singapore; (d)
facilitating interconnection and inter-operability between us and other providers of telecommunication services, for the purposes of the provision
of telecommunication services (including the Service); (e) providing assistance to law enforcement, security, judicial and other governmental
agencies; (f) complying with any directions of the Info-Communications Development Authority of Singapore (the "IDA") or any law enforcement or
security agency, where such compliance is deemed necessary in order for each of them to carry out their respective functions or duties; and/or
(g) complying with any regulatory requirement (whether in the form of a code, guideline or direction or otherwise) imposed by the IDA authorising
the use of your Service Information.
8. ADVERTISING
You acknowledge and agree that the Service may include advertisements (whether by or on behalf of us or on behalf of a third party), and that any such advertisements are necessary for us to provide the Service. You also understand and agree that the Service may include certain communications from or on behalf of us, such as service announcements, administrative messages and newsletters, and that these communications are considered part of the Service and you will not be able to opt out of receiving them. You hereby consent to receiving all such advertisements and communications, which consent shall be irrevocable in respect of all advertisements and communications in relation to which there has been no disclosure of your Service Information to any third party.
9. RESERVATION OF RIGHTS
The Service and its benefits are offered at our sole discretion. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice, for any reason whatsoever, whether generally or limited to you only, subject always to the Phone Out TOS and any applicable law, regulation or code. Unless explicitly stated otherwise, any new features of, and any modifications to, the Service will be subject to and governed by the Phone Out TOS. You agree that we and our Related Persons shall not be liable in any way to you or to any third party for any modification, suspension or discontinuance of the Service that is effected in accordance with the Phone Out TOS.
10. LOCATION OF USER
The Service is intended for use only by residents of Singapore, regardless of the Yahoo! affiliate with whom the relevant Yahoo! ID is registered. You acknowledge and agree that you are solely responsible for using the Service in accordance with all applicable laws, regulations and codes, and we and our Related Persons shall not be liable in any way to you or to any third party for any non-compliance by you.
11. INDEMNITY
You hereby agree to indemnify and hold us and our Related Persons harmless from and against any claim or demand, including reasonable legal fees, made by any third party directly or indirectly arising out of or in connection with your conduct in relation to the Service, your use of or inability to use the Service (including but not limited to any cancellation, absence, failure, outage or degradation of the Service, and in particular any inability to use the Service to access any emergency service or any premium phone number), any communications made by you through or using the Service, your connection to the Service, your violation of the Phone Out TOS, your inability to satisfy and to continuing to satisfy the conditions precedent set out in Section 4, our suspension or termination of your Account or your access to or use of the Service in accordance with the Phone Out TOS, your violation of any rights of any other person, and your breach of any applicable law, regulation or code.
12. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes any part or the whole of the Service, or the access to and/or use of the Service.
13. TERMINATION
13.1 Termination by Us with Prior Notice
WE MAY SUSPEND OR TERMINATE YOUR ACCOUNT AND YOUR ACCESS TO AND USE OF THE SERVICE, WITHOUT ANY LIABILITY TO YOU OR TO ANY THIRD PARTY FOR SUCH SUSPENSION OR TERMINATION, BY GIVING YOU PRIOR NOTICE (THE DURATION OF WHICH WILL NORMALLY BE THREE (3) DAYS, BUT MAY BE LONGER AT OUR SOLE DISCRETION), IF YOU HAVE BREACHED ANY OF THE PROVISIONS OF THE PHONE USER TOS AND YOU FAIL TO REMEDY SUCH BREACH DURING THE SAID NOTICE PERIOD. WE MAY ALSO DISCONTINUE OPERATIONS OR THE SERVICE FOR ANY REASON WHATSOEVER, IN ACCORDANCE WITH CLAUSE 13.6.
13.2 Termination by Us without Prior Notice
WE MAY SUSPEND OR TERMINATE YOUR ACCOUNT AND YOUR ACCESS TO AND USE OF THE SERVICE, WITHOUT ANY LIABILITY TO YOU OR TO ANY THIRD PARTY FOR SUCH SUSPENSION OR TERMINATION, WITHOUT ANY PRIOR NOTICE TO YOU, IF: (A) YOU HAVE CREATED, OR IS LIKELY TO CREATE, IMMINENT PHYSICAL HARM (INCLUDING BUT NOT LIMITED TO INTERRUPTION, DISRUPTION OR CONGESTION) TO OUR NETWORK OR ANY OTHER NETWORK USED BY OR ON BEHALF OF US TO PROVIDE THE SERVICE; (B) YOU HAVE DEFRAUDED US, WHETHER IN RELATION TO THE SERVICE OR OTHERWISE; (C) WE DO SO TO COMPLY WITH A REQUIREMENT OF ANY RELEVANT REGULATORY AUTHORITY OR LAW ENFORCEMENT BODY; (D) WHERE YOU ARE A NATURAL PERSON, YOU DIE; OR (E) WHERE YOU ARE A CORPORATION, YOU CEASE TO CARRY ON YOUR BUSINESS.
13.3 Termination by You
You may terminate your Account and your access to and use of the Service, by logging in to your Account at
http://sg.voice.yahoo.com/services.php and cancelling the Service.
13.4 Illegal or Improper Activities
We will not suspend or terminate your Account or your access to or use of the Service, on the ground that you are using or have used the Service to engage in any illegal or improper activities. However, notwithstanding anything to the contrary in the Phone Out TOS or our Privacy Policy, in the event we believe in good faith that you are using or have used the Service to engage in any illegal or improper activities, we will inform the relevant authority and comply with its subsequent directions or guidelines.
13.5 Effect of Termination
In the event that your Account and your access to and use of the Service is terminated for any reason whatsoever, you will cease to have any right to continue accessing or using the Service. Subject to anything to the contrary in Section 5.7, we will not make any refund to you in the event of any such termination.
13.6 Discontinuance of Operations or the Service
In the event we intend or decide to discontinue operations or the Service for any reason whatsoever, we will give you reasonable prior notice. Upon such discontinuance of our operations or the Service, we will refund to you your Account balance. We will, at our sole option, effect such refund by way of cash or cheque to you or crediting to your credit card. You agree that we and our Related Persons shall not be liable in any way (apart from our liability to refund to you your Account balance) to you or to any third party for any such discontinuance.
14. YAHOO! PROPRIETARY RIGHTS
You acknowledge and agree that the Service and the Software contain and/or constitute proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that all advertisements and communications from or on behalf of us that are included in or form part of the Service are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by us or our advertisers, you agree not to modify, adapt, rent, lease, loan, sell, distribute or create derivative works based on the Service, whether in whole or in part. You also agree not to access or to attempt to access the Service by any means other than through the Software.
15. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
16. EXCLUSION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR RELATED PERSONS SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR LOSSES, OR ANY ECONOMIC LOSS (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES) DIRECTLY OR INDIRECTLY, ARISING OUT OF OR IN CONNECTION WITH:
17. DISCLAIMERS AND EXCLUSIONS
YOU ACKNOWLEDGE THAT THE DISCLAIMERS AND EXCLUSIONS OF LIABILITY SET FORTH IN SECTIONS 15 AND 16 REPRESENT A FAIR AND REASONABLE ALLOCATION OF THE RISKS AND BENEFITS OF THE AGREEMENT BETWEEN YOU AND US, TAKING ALL RELEVANT FACTORS INTO CONSIDERATION, INCLUDING WITHOUT LIMITATION THE VALUE OF THE CONSIDERATION PROVIDED BY YOU TO US AND THE AVAILABILITY AND COSTS OF INSURANCE WITH RESPECT TO THE SAID RISKS. YOU FURTHER AGREE THAT THESE DISCLAIMERS AND LIMITATIONS SHALL BE ENFORCEABLE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
18. RIGHTS OF THIRD PARTIES
You acknowledge that our Related Persons are, where applicable, intended to be third party beneficiaries of Sections 5.9, 6.1, 9, 10, 11, 13.6, 15 and 16. You agree that our Related Persons may each enforce, severally and in its own right, the provisions of Sections 5.9, 6.1, 9, 10, 11, 13.6, 15 and 16 as applicable, and the Singapore Contracts (Rights of Third Parties) Act (Cap. 53B) shall apply to the Phone Out TOS to the extent and in the manner set out or envisaged in the foregoing but to no further extent and in no other manner. For the avoidance of doubt, no consent from any Related Person is required for you and us to vary or rescind the agreement between us (whether or not in a way that varies or extinguishes rights or benefits in favour of such Related Person).
19. NOTICE
NOTICES TO YOU (INCLUDING BUT NOT LIMITED NOTICES GIVEN UNDER SECTION 13 TO SUSPEND OR TERMINATE YOUR ACCOUNT AND YOUR ACCESS TO AND USE OF THE SERVICE) MAY BE MADE VIA EITHER E-MAIL OR REGULAR MAIL. WE MAY ALSO PROVIDE NOTICES OF CHANGES TO THE PHONE OUT TOS, THE SERVICE OR OTHER MATTERS BY PUBLISHING NOTICES OR LINKS TO NOTICES TO YOU GENERALLY ON OUR WEBSITE AT HTTP://SG.VOICE.YAHOO.COM. YOU AGREE THAT SUCH NOTICES BY E-MAIL OR REGULAR MAIL, AND SUCH DISPLAY OF NOTICES OR LINKS TO NOTICES TO YOU, WILL CONSTITUTE SUFFICIENT AND ADEQUATE NOTICE TO YOU OF THE MATTERS CONTAINED THEREIN.
20. TRADEMARK INFORMATION
Yahoo!, the Yahoo! logo, Y!, and Y! stylized trademarks and service marks, and other Yahoo! logos and product and service names are trademarks of our licensors, suppliers, vendors, parent or holding company, as the case may be (the "Yahoo! Marks"). You agree not to display or use in any manner the Yahoo! Marks without the prior permission of our licensor, supplier, vendor, parent or holding company or us, as the case may be.
21. GENERAL INFORMATION
The Phone Out TOS constitutes the entire agreement between you and us and govern your use of the Service, superseding any prior understandings and agreements between you and us and any previous statements or representations from either party to the other party. For the avoidance of doubt, except to the extent provided in Section 18, you and us are the only parties to the Phone Out TOS. The Phone Out TOS and the relationship between you and us shall be governed by the laws of Singapore without regard to its conflict of law provisions. You and we agree to submit to the non-exclusive jurisdiction of the courts of Singapore. Notwithstanding anything to the contrary in the foregoing, you or we may refer any dispute to the Small Claims Tribunal, where such dispute is within the jurisdiction thereof. Our failure to exercise or enforce any right or provision of the Phone Out TOS shall not constitute a waiver of such right or provision. If any provision of the Phone Out TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision and to construe such provision to the maximum extent permitted by law so as to render that provision valid and enforceable, and that the other provisions of the Phone Out TOS shall remain in full force and effect. You agree that regardless of any statute or law to the contrary and in addition to Section 5.9, any claim or cause of action arising out of or related to the use of or inability to use the Service or the Phone Out TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. You agree that your Account is non-transferable and any rights to or to use your Account balance will terminate upon (where you are a natural person) your death or (where you are a corporation) you ceasing to carry on your business. The section titles in the Phone Out TOS are for convenience only and have no legal or contractual effect. You may not assign or delegate the agreement between you and us, or any portion thereof, to any third party by operation of law or otherwise, unless we expressly consent to such assignment or delegation in writing. Any attempted assignment or delegation by you in violation of the foregoing shall be null and void. We may assign any part or the whole of the agreement between you and us to any of our affiliates provided we give you written notice of such assignment. We may also novate the agreement between you and us to any of our affiliates, in which event you shall not unreasonably delay or withhold your agreement to such novation.
22. VIOLATIONS
Please report any violations of the Phone Out TOS to our Customer Care group at http://help.yahoo.com/help/sg/abuse/.