SERVICE SPECIFIC TERMS & CONDITIONS - POWERDATA2GO PLEASE READ THESE TERMS & CONDITIONS CAREFULLY. BY ACCESSING POWERDATA2GO (SERVICES) AND/OR ANY CONTENT THEREIN, YOU AGREE TO BE BOUND BY THESE TERMS & CONDITIONS. IF YOU DO NOT ACCEPT ANY OF THESE TERMS & CONDITIONS, PLEASE DISCONTINUE YOUR USE OF THE SERVICES AND/OR ANY CONTENT THEREIN. WE MAY AT ANY TIME REVISE THESE TERMS & CONDITIONS. BY ACCESSING THE SERVICES AND/OR USING ANY CONTENT THEREIN, YOU AGREE TO BE BOUND BY ANY SUCH REVISIONS The subject of the agreement is to provide you with WIFI hotspot communication services according to the globally accepted WIFI standard (hereinafter referred to as Services), in accordance with the Rates and Terms of Service, which are an integral part of the present Agreement. PowerData2Go hereby grants to you a non-exclusive and limited licence to use the Services. 1. DEFINITIONS AND INTERPRETATION "WIFI Service Period" means the period beginning on the Commencement Date and expiring on your designated End Date, as stated in the WIFI Service Booking Form or any other formal documentation. "The Website" means PowerData2Go official website http://www.powerdata2go.com "The Office" stands for Singapore physical store located in 128 Prinsep Street #01-01, Singapore 188655 "The Customer" means the person or company contracting PowerData2Go services. It is the person identified by Name on the Booking Form. "The Company" or "PowerData2Go " stands for the company providing the services. "Charges" means all charges relating to the provision of the Device and / or Services by PowerData2Go to you, including amounts billed by PowerData2Go for and on behalf of a third party, as may be specified by PowerData2Go on the Booking Form and from time to time on PowerData2Go website or via any other communication on the daily basis. "Equipment" or "Device" means the Mobile Hotspot Modem (including the virtual SIM card, battery, USB Cable and any other accessories included) purchased from PowerData2Go. “Applicable Law” means any law, rule or regulation of Singapore. Any legal action or similar proceedings will be instituted and held in Singapore, and the Customer consents to the exclusive venue and jurisdiction of the courts in Singapore. 2 . Price Plans 2.1 For details on the price plans of the Services, please refer to our webpage at: <<<>>> 2.2 PowerData2Go’s prevailing standard charges for: (i) access to mobile GSM networks included in the coverage areas; and (ii) data volume per day are set out in the price plans. 2.3. The cost of services is determined in accordance with applicable price plan and rates. 2.4. The procedure of payment for the Services provided by the PowerData2Go shall be set in the agreements between the authorized distributors of the PowerData2Go and the user. 2.5. Disputes regarding payment for services shall be settled in the courts of law of the country of residence of the distributor or in Singapore. 2.6. The PowerData2Go reserves the right to calculate Internet traffic according their own calculation and rounding schemes (with two digits (hundredths of a whole number) after the decimal point and more). 3 . Service Requirements and Limitations 3.1 You acknowledge and agree that: (i) the Services are only supported on specific handsets and personal computers. (ii) PowerData2Go will not be liable for any data roaming, or other charges which are generated due to your use or fraudulent use of the Services; (iii) PowerData2Go has no control over access and connectivity via Internet. We will not be liable for any access or connectivity issues or disruption of the Services due to the Internet; (iv) the Services will not support other valued-added services and mobile network features including Voicemail, Caller Number Non-Display, Call Divert and Call Waiting; (v) the Services will not support emergency calls; (vi) whilst PowerData2Go will endeavour to provide the Services with minimum disruptions, we will not be liable for any loss or damage howsoever arising from any disruptions to your use of the Services. Since the Services will be transmitted through public Internet lines and the public switched telephony network, there may be power outages or Internet service disruptions which may cause disruptions to PowerData2Go mobile service, for example: packet loss and delay; and (vii) data traffic via the public Internet and the public switched telephony network are not encrypted and therefore, could be potentially subject to eavesdropping by third parties. PowerData2Go will not be liable for any such activities. 3.2 Unless otherwise expressly stated in our price plans: (i) the Services are provided to you solely for personal and non-commercial use; (ii) you must not use the Services in a manner which may adversely affect other customers enjoyment or experience of any of the Services and/or which does not accord with that reasonably expected of an individual customer using the Services for personal and non-commercial use (“Acceptable Use Policy”). You acknowledge and accept: (a) our Acceptable Use Policy shall be applicable to the all usage of the Services; (b) that the Acceptable Use Policy is necessary to ensure consistent and acceptable use of the Services and the network by all our customers; and (iii) you must not resell or transfer the Services to third parties without our prior written consent, whether or not for profit or otherwise;(collectively “Acceptable Use Policy”). 3.3 If we determine, in our absolute discretion, that your use of the Services is inconsistent with or contravenes the Acceptable Use Policy, we reserve the right to: (i) immediately suspend or terminate your Services; and/or (ii) (in respect of any Services which we provide free of charge to you) charge you for their use at such rates which we may reasonably determine. 3.4 We reserve the right to modify the Acceptable Use Policy at any time, at our absolute discretion. Changes made to the Acceptable Use Policy will become effective upon our posting of the same to our PowerData2Go website. 4. No Right To Continued Access or Use 4.1 We may add, delete or disable the Services, and/or add, delete, disable or modify some or all of the Services, at any time, without notice and at our absolute discretion. You acknowledge and agree that we may suspend or terminate access to and/or use of all or parts of the Services at any time, without notice and at our absolute discretion. In no event will we be liable for the suspension or termination of access to any Services or any functionality of the Services. We may also impose limits on the access to and/or use of certain features or portions of the Services at any time, without notice and at our absolute discretion. 4.2 We may, at any time and without any notice, temporarily suspend the Services for operational reasons such as repair, maintenance, upgrade or improvement of the affected Services or because of an emergency. We may also modify the Services in order to keep pace with the prevailing demands and technological developments, at any time, without notice and at our absolute discretion. 4.3 The Customer acknowledges that Services may be temporarily interrupted, delayed, or otherwise limited due to a variety of causes, including but not without limitation to transmission limitations or interruptions, atmospheric conditions, system capacity limitations, Network coverage, location / placement, wireless signal strength, Network system, or Device failure. 5. Termination 5.1 We may, without liability, terminate the Services by giving you at least 5 working days’ notice. 5.2 You may terminate the Services by registering your termination at www.PowerData2Go.com. 5.3 Upon the termination of the Services, any and all unused credits under your Service’s account will be refunded after deducting USD250 as processing fee. 6. Limitation of Liability 6.1 THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND ALL OTHER RELEVANT PERSONS EXPRESSLY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, USEFULNESS, RELIABILITY, QUALITY, SAFETY OR COMPLETENESS OF THE SERVICES AND ASSUME NO LIABILITY FOR (I) ANY ERRORS, MISTAKES, OR INACCURACIES OF ANY CONTENT OR SERVICES, (II) ANY HARM, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (III) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, (VI) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF ACCEPTANCE OR REJECTION OF YOUR ORDER AND/OR (VII) ANY ERRORS OR OMISSIONS IN ANY SERVICES OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME ANY LIABILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE LIABLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. 6.2 Without prejudice to any other provisions of these Terms & Conditions, we will not be liable for any delay or failure to provide the Services or any software, or any interruption or degradation of the Services/software quality which may arise from the following: (i) an act or omission of an underlying carrier, service provider, vendor or other third party; (ii) computer, hardware, network or facility failure; (iii) computer, hardware, network or facility upgrade or modification; (iv) force majeure events such as (but not limited to) acts of God, acts of nature, strikes, fire, war, riot, acts of terrorism and governmental actions; (v) computer, hardware, network or facility shortage; (vi) computer, hardware or facility relocation; (vii) service, computer, hardware, network or facility failure caused by the loss of power to you; (viii) outage of, or blocking of communications by, your service provider, any third party or other impediment to usage of the Services caused by any third party; (ix) any act or omission by you or any person using the Services or the software; (x) any third party’s service, computer, hardware, software, network or facility; or (xi) any other cause that is beyond our control, including, without limitation, a failure of or defect in any software, the failure of an incoming or outgoing communication, the inability of communications to be connected or completed, or forwarded. 6.3 WITHOUT PREJUDICE TO ANY OTHER PROVISIONS OF THESE TERMS & CONDITIONS, IN NO EVENT WILL WE OR ANY OTHER RELEVANT PERSON BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFITS, REVENUE, BUSINESS, ANTICIPATED SAVINGS, GOODWILL AND DATA), WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE (OR SUCH OTHER RELEVANT PERSON) ARE/IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. 6.4 WITHOUT PREJUDICE TO CLAUSES 6.1 TO 6.3, IF YOU ARE DISSATISFIED WITH THE SERVICES) OR ANY OF THESE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR ACCESS AND USE OF THE SAME. 6.5 IF WE OR ANY OF THE OTHER RELEVANT PERSONS ARE LIABLE TO YOU AND WE CANNOT, FOR ANY REASON, RELY ON THE LIMITATIONS OF LIABILITY SET OUT IN CLAUSES 6.1 TO 6.4, THEN THE MAXIMUM LIABILITY WE AND/OR SUCH OTHER RELEVANT PERSONS WILL BE LIABLE TO YOU AND ANYONE ELSE IS EITHER THE REPLACEMENT OF THE SERVICES (FOR WHICH YOU HAVE PAID BUT ARE UNABLE TO USE) WITH THE SAME OR SIMILAR SERVICE OR THE REFUND OF THE PURCHASE/SUBSCRIPTION PRICE WHICH YOU HAVE PAID FOR THE SERVICES. 6.6 PowerData2Go warrants that the Device will be in working order when it is delivered to the Customer, but PowerData2Go cannot be responsible for the performance of the Device or the operation of the Network to which the Device is connected. 6.7 Subject to the clauses hereunder, the Customer shall be solely responsible for and shall indemnify and hold harmless PowerData2Go against all claims, demands and liability arising as a result of the lease, possession, use, condition, operation or misuse of the Device by Customer or third parties, or of the services provided hereunder, whether in breach of the clauses hereunder or otherwise arising howsoever. This indemnity provision shall survive the termination of this Agreement. 6.8 PowerData2Go will in no event be liable for nor shall the Customer make any claim against PowerData2Go for any liability, claim, loss, injury, damage or expense of any kind (including lost profits) whether direct, indirect, incidental or consequential caused by the Device or the failure of the Device to operate correctly or at all, or for any delay, faultiness (such a degradation of service) or failure of the services. 7. Device Warranty You may apply for a refund under the following circumstances: 1. You have encountered operational issues with PowerData2Go hardware while travelling. 2. PowerData2Go hardware must be returned to The Office. Details must be advised in writing, including examples of issues encountered. PowerData2Go will use its discretion to identify the problem. 3. If the problem relates to PowerData2Go hardware and its performance, a full refund for PowerData2Go hardware and credit purchased will be awarded. Every attempt will be made to identify the problem in order to give you the option of using the PowerData2Go device on your next trip. To apply for a refund of your PowerData2Go hardware and/or credit, please send a copy of invoice and the details of malfunctioning to The Office. Upon completion of diagnostics and the problem belongs PowerData2Go responsibility, PowerData2Go will arrange refund according to the payment amount in invoice, deducting any used credits. 8. REFUND POLICY 8.1 If the Customer is having any difficulty with using the device, the Customer must notify PowerData2Go within the Service Hours in order to qualify for any possible refund or discount. The right to dispute the service fee will be waived if otherwise. Any refund or discount is provided solely at PowerData2Go’s discretion. 8.2 The Customer must notify PowerData2Go in writing of any final disputes regarding any price charged within 30 days after the end of service period or else the right to dispute the price charged will be waived. 8.3 Cancellation before 2 working days from the WIFI Service Period will imply a refund. A service fee no more than 50% of applicable payment will be deduced from the total charges. 8.4 A cancellation less than 2 working days prior to WIFI Service Period will imply a penalty fee to be deduced from the total charges. PowerData2Go also reserves the right to exceptionally deduce any potential delivery costs, if any. 9.Other Terms The use of PowerData2Go Services (including PD2G-VOICE) is also subject to PowerData2Go’s General Terms & Conditions at www.PowerData2Go.com/PowerData2Go/tc. If there is any conflict or inconsistency between any of PowerData2Go’s General Terms & Conditions and any of these Terms & Conditions, such conflict or inconsistency will be resolved in a manner most favourable to us and our affiliates. However, if such conflict or inconsistency cannot be so resolved, these Terms & Conditions will prevail.