LGA PRIVACY STATEMENT

 

Scope

 

1. This LGA Privacy Statement relates solely to personal information supplied by you or collected from you as a result of your access to or use of the Service (as defined in the LGA Communication Services Terms and Conditions of Use) offered by LGA, the website at www.lgatelecom.net (the “Site”) and your User Account (as defined in the LGA Communication Services Terms and Conditions of Use).  Unless otherwise expressly stated in this LGA Privacy Statement, all references to "your personal information" in this LGA Privacy Statement shall mean all personal information supplied by you or collected from you as a result of your access to or use of the Service, the Site and your User Account which is personally identifiable with you. Unless otherwise expressly stated in this LGA Privacy Statement, all references to “LGA” collectively refer to LGA Telecom Pte Ltd and its affiliated entities.

 

Collection

2. Your personal information may be supplied by you or collected from you at the following situations:

(a) when you register to be an authorised User;

(b) when you browse, use, participate in any activity or service on the Site or post any notice on the Site;

(c) when you respond to other online surveys, polls, contests, lucky draws, promotions and purchases;

(d) when you utilize and/or purchase any of the goods or services offered by the Service or on the Site.

 
Purpose

 

3. LGA respects the privacy of your personal information. Your personal information will be used for the following purposes only:

(a) because it is necessary to enable you to access or use the Service or the Site;

(b) to identify you when you access and use the Service or the Site in order for you to enjoy a customised and personalised experience;

(c) to update and enhance our records and to advise you of other products or services which may be of interest to you;

(d) to improve the design and marketing of our range of products and services for your use;

(e) to process a transaction requested by you;

(f) for routine internal administrative and management purposes; or

(g) to ensure compliance with the LGA Communication Services Terms and Conditions of Use.

 
Transfer

 

4. Your personal information may be transferred within the LGA group of companies in different jurisdictions. Please note also that LGA may use overseas facilities to process or back up its information. As a result, we transfer and store your personal information to our, our service providers' or our data processors' overseas facilities. By using the Service you consent to such transfers.

 
Disclosure

 

5. Your personal information will not be disclosed by us to any third party, unless we have your permission or we are under a legal obligation or duty to do so, except for disclosure to the following individuals or entities which you agree to:

(a) other companies in the LGA group of companies;

(b) government authorities or regulators;

(c) our professional advisers, including without limitation our lawyers, accountants and auditors;

(d) our third party service providers (including those who provide payment, administrative or other services to us in connection with the operation of the Service and/or of our business) or data processors;

(e) any agent acting on our behalf; and

(f) our business alliance partners.

 
Use

 

6. The use of your personal information will be kept to the minimum required in order for us to continually monitor and improve our services to our customers and keeping you informed about our products, services and other opportunities within LGA. In particular, we do not rent or sell your personal information to any third party (unless as part of the sale of our entire assets or sale of our business as a going concern).

 
Security

 

7. We wish to assure you that your personal information will be treated with high standards of security. LGA will endeavour to take all reasonable steps to keep secure any information which we hold about you. Unfortunately, despite the aforementioned technology and security features, no data transmission over the Internet can be guaranteed to be 100% secure, so we cannot give an absolute assurance that the information you provide to us will be secure at all times, and we cannot be responsible for event arising from unauthorised access to your personal information.  LGA will not be held responsible for events arising from third parties gaining unauthorized access to your personal information. However, it is your responsibility to maintain the secrecy of your User ID and password.

 
Retention

 

8. Your personal information is retained by LGA for as long as the purpose for which the data was collected continues. The personal information will subsequently be destroyed or de-identified from you unless its retention is required to satisfy legal, regulatory or accounting requirements or to protect our interests. We generally adopt a maximum retention period is seven (7) years from the date of collection.

 
Access

 

9. Depending on where you are situated, you may have the right to request access to and correction of your personal information held by us. If you have that right and you wish to access or have the right to ask for correct or deletion of any of your personal information held by us, or if you have any questions concerning this LGA Privacy Statement, please contact us:

 

Email: enquiry@lgatelecom.net

Tel:     65 6892 2308

Fax:    65 6872 5668

 

10. We will only withhold your access to your personal information in extremely limited circumstances, such as:

(a) where it might be dangerous if you were to have it;

(b) where it might prejudice an investigation currently underway;

(c) where it relates to court proceedings and may be subject to the discovery process;

(d) where it may relate to a commercially sensitive decision-making process; or

(e) where other individuals' personal information is contained in the same record.

 
Links

 

11. The Site may contain links to other web sites (the "Linked Sites"). The Linked Sites are not under the control of LGA and LGA is not responsible for any Linked Sites.  You should note that any personal information that you provide to the Linked Sites are not subject to the LGA Privacy Statement, and we strongly recommend that you be aware of their privacy and security policies.

 
Miscellaneous

 

12. This LGA Privacy Statement is not intended to, nor does it, create any contractual rights whatsoever or any other legal rights, nor does it create any obligations on us in respect of any other party or on behalf of any party.

 

13. LGA reserves the right in its sole and absolute discretion to modify without prior warning or notice this LGA Privacy Statement. You agree that your continued use of the Site after such modification shall constitute an affirmative acknowledgement by you of the modifications and agreement by you to abide and be bound by such modifications. As such, LGA recommends and advises you to visit this web page to review the prevailing LGA Privacy Statement on the Site.

LGA TERMS OF SERVICE

By using the services offered by LGA Telecom Pte Ltd (LGA), you are deemed to have read and have accepted these Terms of Service (these “Terms”), and are legally bound by them.

LGA reserves the right to amend these Terms at any time and to post them on www.lgatelecom.net. Your use of the services offered by LGA after these amendments have been posted constitutes your agreement to be bound by them.

You agree to the use of electronic communication and records in order to enter into contracts, place orders, receive notices and store information. Further, you waive any rights or requirements under any legislation in any jurisdiction which require an original signature or delivery or retention of non-electronic records, to the extent permitted under applicable law.

 

 

Registration and Service provided by LGA

 

1.1 All Users must register with LGA prior to using the Service. By registering with LGA, you warrant that all supplied personal particulars are accurate, complete and current. LGA will provide you with a User Account, which you can access with your LGA-issued password, and a Service Number.

 

1.2 LGA shall provide the Service to you, but this shall be without prejudice to the right of LGA, if in its sole discretion it deems appropriate, to vary, discontinue or change any part of the Service at any time, including but not limited to the removal of content, and the blocking or filtering of transmissions, without notice to the User. LGA also reserves the right to use the Service in any manner if so required by any regulatory authority.

 

1.3 LGA is not responsible for the deletion of or failure to store any message. If you exceed the maximum permitted storage space, LGA reserves the right to delete messages from the affected voice mailboxes, at its sole and absolute discretion.

 

1.4 You acknowledge and understand that the Service is not a telephone service. Accordingly, the Service may not support certain features currently available in traditional telephone services. Specifically, the Service does not carry any quality of service guarantee or offer dialing to emergency services. Accordingly, the Service should not be used for mission-critical or emergency purpose or for any application where connectivity, stability, calls connection or clarity is critical requirement. The Service should only be used as a complement to such purposes and applications.

 

 

Access and Use by User

 

2.1 You shall:

• be solely responsible for the set-up, configuration or compatibility of your hardware, equipment and software for access to the Service, following such directions, instructions and notices that may be given by LGA and shall provide at your own expense all facilities or resources necessary for such proper access to the Service including without limitation power points, electricity, conduits, pipes, accesses, licences, or easements; comply with the rules of any network through which you access the Service;

• be solely responsible for all messages, data and information you retrieve, store and transmit through the Service; access the Service, and where so necessary, access the Service via your User Account, by using your Service Number and/or password; notify LGA if there is any change in your supplied personal particulars; take all such measures and steps as may be necessary (including but not limited to changing your password from time to time) to protect your password and to prevent unauthorised use of your User Account or unauthorised disclosure of your password; notify LGA if you become aware of or reasonably believe that there is any unauthorised use of your User Account or any other breach of security, and to co-operate with LGA in all such investigations; obtain the prior written approval of LGA if you reasonably contemplate using the Service for any activity that would or is likely to generate a change in traffic in excess of your normal usage and/or is likely to interfere with the usage of the Service by other Users;

• allow LGA access to all facilities, materials and resources under your control for inspection, audit and provision of the Service and comply with all reasonable instruction and requests from LGA concerning the Service; comply with and shall not contravene all applicable laws, regulations and directives including, without limitation, the laws of the Jurisdiction, relating to the use of the Service; not tamper with any security codes or equipment identifiers of any device or secure access or use of the Service otherwise than as contemplated by these Terms; not use or permit anyone to use the Service for any unlawful purposes, and

• not share the Service with any other person or individual.

 2.2 If for any reason you use the Service outside the Jurisdiction, LGA may not support the Service and you use the Service at your own risk including the risk that the use thereof violates local laws in that jurisdiction.

 

 

Charges, Billing and Payments

 

3.1 The charges for the Service have two components – a non-refundable Subscription Fee and Usage Charges. The subscription fee is set out in the sales contract. The usage charges are set out in the user web-portal and may be amended by LGA at any time within thirty days notice.

 

3.2 All Charges are exclusive of any applicable taxes, tariffs, levies and surcharges which shall be payable by you.

 

3.3 Subscription Fees are billed on a quarterly basis, one (1) month in advance. Usage Charges are billed on a monthly basis in accordance with the service rate plan set forth in the user web-portal. LGA shall be entitled to appoint billing agents from time to time to handle billing and collection of such Fees and Charges. LGA shall provide you with invoices to your designated mailing address for the Subscription Fees and Usage Charges. All invoices shall be rendered in Singapore Dollars, unless otherwise stated in such invoices (the “Designated Currency”). The invoices are due within fourteen (14) days after the date of the invoice and shall be paid in the Designated Currency without set-off, withholding or deduction of any kind by the User.

 

3.4 All Charges shall begin to accrue upon service commencement.

 

3.5 LGA shall be entitled to charge you interest on default payments at three percent (3%) above prime interest charged by the three largest banks in the Jurisdiction or such other rate as notified by LGA’s billing agent (the “Prescribed Rate”) on the amount not paid. In addition, LGA may set-off against and deduct from any sum of money due to you under these Terms or any other contract with you any sum which is due and payable by you. Exercise by LGA of its rights under this clause shall be without prejudice to any other rights or remedies available to LGA under these Terms, or otherwise howsoever, at law or in equity.

 

3.6 You must promptly check and verify the accuracy of each invoice delivered and notify LGA and LGA’s appointed billing agent in writing of any error, inaccuracy or discrepancy, setting out sufficient details. Otherwise, the invoice shall be conclusive evidence as against you of the truth and accuracy of the matters stated therein save for manifest error on the face of it and you must make payment in accordance with this Clause 3 within fourteen (14) days of the invoice date.

 

3.7 In the event that you dispute any amount stated in any invoice and withhold payment of the amount by notifying LGA and LGA’s appointed billing agent in writing within fourteen (14) days of the date of the invoice as provided in Clause 3.6 above, LGA or its appointed billing agent acting on LGA’s direction shall provide a written response to you within 30 days thereafter. You shall pay interest at the Prescribed Rate on the amount determined (either by agreement between you and LGA or by any court of competent jurisdiction) to be due or payable to LGA which you have withheld payment arising from this dispute and reasonable compensation for LGA’s arbitration, litigation and collection expenses.

 

3.8 In the event you pay an invoice, and subsequently choose to dispute any amount, item or matter stated therein, you must give LGA and LGA’s appointed billing agent a written notice of such dispute not later than three months from the date of such invoice and LGA or its appointed billing agent acting on LGA’s direction will then conduct a complete and objective review of such disputed subject matter and will respond to you in writing within 30 days thereafter. LGA will credit your User Account (without interest) for any overpayment by you after LGA has completed its investigations and is satisfied as to the error or inaccuracy of that amount, item or matter.

 

3.9 Fair Usage Policy

Free call minutes is applicable to the first 240 minutes of any local call to any Singapore mobile number and/or fixed-line number per day per customer. In the event that the customer’s usage is excessive, LGA reserves the right to suspend or terminate the service; and/or charge the customer for the use at such rates which LGA may reasonably determine.

Intellectual Property and Limitations on Use

4.1 All information, trademarks, software and data in www.lgatelecom.com and on the Service are the intellectual property of LGA and/or its licensors.

 

4.2 You agree that the Service may only be used for your personal purpose. You are strictly prohibited from re-selling or re-providing the Service to any other person.

 

4.3 Without prejudice to the above, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, adapt, transfer, or sell any information, data, software, products or services obtained from the Service in such a way that prejudices the commercial exploitation or legitimate interests of LGA to such information, data, software, products or services, including the use of any such information in connection with any business or commercial enterprise (including, without limitation, any securities, investment, accounting, banking, legal or media business or enterprise).

 

4.4 You CANNOT:

• assume a false identity or the identity of some other User or person when using the Service;

• transmit messages that are libelous, harassing, vulgar, irreligious or otherwise objectionable;

• transmit materials that are the subject matter of any copyright or other intellectual property rights claimed by any third party;

• transmit messages that amount to advertising, touting or sale of, or offer to sell, any product or service;

• transmit or disseminate bulk advertising material, chain letters, spam, junk mail or any other type of unsolicited messages;

• transmit or disseminate viruses, worms, Trojan horses or other harmful, disruptive or destructive files;

• engage in auto-dialing, continuous or extensive call forwarding, fax broadcasting, fax blasting or anything inconsistent with consumer usage of the Service;

• use the Service in any way which will deprive other Users of their legitimate right to use the Service; and

• use the Service for any unlawful or illegal activity.

4.5 You acquire no rights to the password or Service Number issued to you by LGA and LGA reserves the right to change the same at its sole discretion without being liable to you for any Loss suffered.

 

 

Security, Privacy and Data Protection

 

5.1 As information transmitted through the Internet in general is not confidential, LGA cannot and does not guarantee the privacy or protection of any User.

 

5.2 LGA treatment of your personal information is stated in the LGA Privacy Statement. You may occasionally receive from LGA e-mail notifications of new products, services or offers from LGA and you may opt out of receiving these notifications from LGA at any time.

 

5.3 Notwithstanding any Terms to the contrary, LGA reserves the right to disclose part or all information concerning you at such time and in such manner as is permitted or required by law to the relevant authorities.

 

5.4 LGA shall be entitled, to use in any manner and for any purpose relating to the Service or to disclose to any person, any information or data relating to you, any Service Number or any User Account or any other information and data provided by you to LGA. The provisions of this Clause 5.4 shall constitute your affirmative consent, unless otherwise notified in writing by you in the procedure as determined by LGA from time to time.

 

5.5 LGA may from time to time access the User Account and other parts of the Service as necessary to identify, investigate or resolve technical problems or to respond to service complaints.

 

Term, Suspension and Termination

 

6.1 The Service begins on the service connection date and ends on the last day of the Minimum Service Commitment Period and thereafter is renewed on an annual basis unless either party gives the other party not less than thirty days written notice of his intention to not renew.

 

6.2 You may terminate your User Account with LGA at any time after the Minimum Service Commitment Period provided that any Subscription Fees paid in advance shall be non-refundable. However, your continued use of the Service is deemed to be continued acceptance of these Terms and be bound by them.

 

6.3 LGA may suspend or terminate your User Account and your access to all or part of the Service with immediate effect if: -

• in the sole opinion of LGA, you have breached any of these Terms (including without limitation Clauses 2, 3 and 4);

• you have at any time provided any false or incomplete information to LGA;

• in the sole discretion of LGA, LGA suspects that your User Account has been accessed in an unauthorised manner or that the security of your User Account has been compromised in any way;
  

• in the opinion of LGA or any regulatory authority, it is illegal or not in the public interest to continue providing the Service to you for any reason whatsoever;
  
• you die or are declared a bankrupt;
• in the sole discretion of LGA, to repair, maintain or improve the Service;
  

   

• in the sole discretion of LGA, LGA decides to shut down or terminate all or part of www.lgatelecom.net; or
• LGA chooses to do so at its sole convenience.

6.4 LGA also reserves the right to shut down or terminate all or part of the Service, in its sole discretion and for its own reasons.

 

6.5 In the event of termination of the User Account, your access to all or part of the Service for whatever reason, LGA shall not be liable to you or any third party for any failure and any consequence arising from such failure to access, use or provide all or part of the Service.

 

 

Disclaimer

 

7.1 LGA cannot and does not endorse or review, and cannot be responsible for, the messages, views, opinions and recommendations of third parties, Users, and organisations of deemed interest. LGA does not advocate any commercial dealings in any third party products or investments. The inclusion in the Service of a link to other web site(s) or resources does not imply any form of endorsement by LGA. Any User seeking recourse shall do so against such party providing such advice, products or services. However, LGA requires all Users to comply with all relevant laws, as well as the rules set out in Clause 4.4, and upon receiving reasonable notification, will ensure that the law and the rules are observed and complied with.

 

7.2 Due to the inherent hazards of electronic distribution, you agree and accept that the Service may be unavailable from time to time due to required maintenance, telecommunications or electronic or other systems failures or interruptions (whether of LGA or any third party) or other disruptions. LGA and its service providers shall not be liable to you for any Loss suffered by you as a result thereof. LGA does not guarantee that the Service will be uninterrupted, secure, error-free, free from viruses or other harmful components.

 

7.3 The Service is provided ‘AS IS’. LGA and its affiliates, officers and employees give no guarantee, representation or warranty, express or implied, in respect of any accuracy, quality, completeness, timeliness, merchantability, fitness for a particular purpose, non-infringement or title of any software, information or data, directions, instructions or notices, views, opinions and recommendations available on, received from, transmitted to, or provided pursuant to the Service.

 

7.4 Other than liability for death or personal injury resulting directly from use of the Service, any condition or warranty which may be implied or incorporated within these Terms by reason of statute or common law or otherwise (including warranties as to merchantability, suitability, satisfactory quality and fitness for purpose) is HEREBY EXPRESSLY EXCLUDED.

 

7.5 In no event will LGA, its employees, subsidiaries, related corporations, associates and affiliates be liable to you or anyone else for any decision made or action taken by you in reliance on the Service or any Loss suffered by you or such person arising there from or otherwise as a result of the use of the Service.

 

7.6 To the maximum extent permitted by applicable law, in no event shall LGA be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits or confidential or other information, for business interruption, for loss of privacy, for failure to meet any duty including of good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever) arising out of or in any way related to the use of or inability to use the Services, or otherwise under or in connection with any provision of these Terms, even in the event of the fault, tort (including negligence), strict liability, breach of contract or breach of warranty of LGA, or any supplier, and even if LGA, or any supplier has been advised of such damages.

7.7 Subject to Clause 7.6, in no event shall LGA’s aggregate liability to you for any claims under or pursuant to these Terms exceed the total Charges paid by you in the preceding twelve (12) months.

 

7.8 Subject to Clauses 3.7 and 3.8, any claim of any nature whatsoever by either party against the other party and any action against the other party must be commenced within two (2) years after the date on which the cause of action arises, following which the aggrieved party shall have no further claim whatsoever against the other party.

 

7.9 You shall indemnify LGA, its employees, subsidiaries, related corporations, associates and affiliates against any and all Loss suffered by LGA, its employees, subsidiaries, related corporations, associates and affiliates to any person as a result of any breach of these Terms.

 

7.10 Without prejudice to any of the other provisions of these Terms and to any other rights and remedies which LGA may possess, you shall indemnify and hold LGA, its employees, subsidiaries, related corporations, associates and affiliates harmless at all times against all actions, proceedings, Loss and damages (whether in tort, contract or otherwise) which LGA, its employees, subsidiaries, related corporations, associates and affiliates may sustain, incur, suffer or pay arising out of, in connection with or pursuant to these Terms whether authorised or not authorised or your use of the Service or any your act or omission thereof.

 

 

General

 

8.1 Severability
If any provision in these Terms is found or held to be invalid or unenforceable, then the meaning of such provision shall be construed to the fullest extent allowed by law so as to render the provision valid and enforceable, and if no such construction is possible, the invalidity or unenforceability of such provision shall not affect the other provisions of these Terms.

 

8.2 No Assignment

You may not assign or transfer any part of its rights and obligations under these Terms without the prior written consent of LGA. LGA shall be permitted to delegate part or all of its responsibilities to its service providers and sub-contractors at any time and to vary, change or replace such sub-contractors without further reference to anyone.

 

8.3 Third Parties

A person who is not a party to these Terms has no right to enforce or enjoy the benefit of any term of these Terms unless expressly provided for.

 

8.4 Force Majeure

LGA shall not be liable for any failure to comply with its obligations under these Terms, where such failure is caused by an Act of God or by any riot, civil commotion, strike, lockout or other labour disturbance, or by any fire, war, acts of foreign enemies or perils of the sea, power outage, epidemics, network congestion, telecommunications failure or other perils beyond the control of LGA. LGA shall notify the User in writing of the said failure within thirty (30) days of the commencement of the event relied upon by LGA for its failure to comply with its obligations.

 

8.5 Entire Agreement

Unless otherwise provided, these Terms embody all the terms and conditions agreed upon between the parties as to the Service and supersedes and cancels all previous proposals, agreements, representations and undertakings, if any, between the parties with respect to the subject matter hereof, whether written or oral, notwithstanding the existence of any provision in any such prior agreement that any such rights or provisions shall survive its termination. You agree that no representations, agreements, statements and understandings made by LGA have been relied upon by you in agreeing to enter into these Terms.

 

8.6 Conclusive Evidence

Any certificate or statement by an officer of LGA as to any sum payable or any other determination under these Terms shall be conclusive save for manifest error on the face for it.

 

 

Governing Law

 

9.1 These Terms are governed by and construed in accordance with the laws of Singapore, and the parties hereto shall irrevocably submit to the non-exclusive jurisdiction of the courts of the Republic of Singapore.

 

 

Definitions and Interpretation

 

10.1

• “Charges” means the charges for the Service set out in Clause 3.1.

• “Loss” includes loss, damage, claim, costs, charges, damages and/or expenses of whatsoever nature (including any loss of profits, lost savings, loss of data, special, incidental, punitive or exemplary losses and consequential damages) and howsoever arising whether direct, indirect, joint, several, actual, contingent or otherwise (including legal fees on a full indemnity basis), and includes without limitation claims made by third parties and claims for defamation, infringement of intellectual property rights, death, bodily injury, wrongful use of computers and unauthorised or illegal access to computers (including but not limited to hacking), property damage or pecuniary losses howsoever arising.

• “Minimum Service Commitment Period” means twenty-four (24) months.

• “Service” means the communication services for residential and small business users allowing voice communications entirely or partially over the Internet; voicemail services; callerID services; such software (as is necessary) to access such information, data and services; registration, login and customisation facilities; and any other additional features as may be introduced at any time by LGA.

• “Service Number” means the number allocated to you for your use of the Service

• “Users” means the persons whose registration to use the Service has been accepted by LGA, including you, and “User” shall mean any one of them.

• “User Account” means the facility provided to you upon registration for uniquely identifying you as a User of the Service and for so accessing the Service.

• “User Guidelines” means the LGA’s guidelines for recommended and acceptable use of the Service (if any) which are made available at http://www.lgatelecom.net which may be amended at any time.

• “LGA” means LGA Telecom Pte Ltd, the operator of the Service, and shall include its successors and assigns.

10.2 Unless the context otherwise requires, references to the singular shall include references to the plural and vice versa, references to natural persons shall include bodies corporate, and the use of any gender shall include all genders.

 

10.3 In the event of any conflict between these Terms and the User Guidelines, these Terms shall prevail.