Terms and Conditions

Mocca Terms and Conditions

MOCCA TERMS AND CONDITIONS

(Version 1.0, 11 August 2008)

Contents

  1. Important! Read Carefully!

    1. The Mocca Site is owned and operated by MediaCorp Pte. Ltd. (Company Registration No. 199201312E)(“MediaCorp”).

    1. By accessing or using any or Any part of the Mocca Site, Mocca Content, Mocca Software, Mocca service, or User Account you agree to be legally bound by these terms and conditions, and all other TERMs, Conditions, Instructions, Guidelines, policies, rules and regulations as amended and posted on the Mocca Site from time to time by MediaCorp (collectively, the “Terms and Conditions”). If you do not agree to the TERMS AND CONDITIONS, please do not access or use any or any part of the Mocca Site, Mocca Content, Mocca Software, Mocca Service or user Account.

    1. MediaCorp reserves the right to add to, remove from, and make other changes to the Terms and Conditions at any time and from time to time. Such changes will become effective immediately by posting the same on the Mocca Site or notification by electronic or conventional mail or such other means as determined by MediaCorp at its sole discretion. You are responsible for checking the Mocca Site for the most current Terms and Conditions. Each time you access or use the Mocca Site, Mocca Content, Mocca Content or Mocca Services, you will be deemed to have agreed to be legally bound by the most current Terms and Conditions.

    1. MediaCorp may also offer other services that are governed by different terms and conditions. Your use of such other services will accordingly be subject to such different terms and conditions. If there are any fees applicable to such other services, you will make payment of these fees in accordance with the stipulated terms.

  1. Definitions

In these terms and conditions, the following expressions have the following meanings:

“GST” means the goods and services tax levied under the Goods and Services Tax Act (Chapter 117A) of Singapore.

“Intellectual Property Rights” means copyright, industrial design, patents, trademarks and other intellectual property rights.

“MediaCorp Group Companies” means MediaCorp and its related corporations, and includes their respective officers, employees and shareholders.

“Mocca Content” means User Content, information, advertisements, audio and/or video, images, graphics, newsletters, and other content and materials which are from time to time made available on, or delivered in connection with, the Mocca Site, Mocca Software and/or Mocca Services (including, without limitation, by electronic mail, SMS, and any other method and technology).

“Mocca Software” means applets, widgets and all other software offered and made available by MediaCorp for use on or in connection with the Mocca Site and/or Mocca Services, whether for free or in exchange for payment.

“Mocca Service” means any service offered and made available by MediaCorp on or in connection with the Mocca Site, whether for free or in exchange for payment (including, without limitation, advertising, search, directory, forums, message boards and content hosting services).

“Mocca Site” means the website athttp://mocca.com.

“User Account” means a user account registered and maintained with MediaCorp for accessing and using the Mocca Content, Mocca Software, Mocca Services and/or parts of the Mocca Site not available to those without valid user accounts.

“User Content” means information, advertisements, audio and/or video, images, graphics, and other content and materials which are from time to time posted, made available on, submitted to, or transmitted through or in connection with the Mocca Site, Mocca Software Mocca Services, and/or User Accounts by users of the Mocca Site, Mocca Software, Mocca Services and/or User Accounts.

“Viruses” means viruses, Trojan horses, worms, time bombs, cancelbots and other computer programming routines and harmful elements that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

  1. Additional Terms for Mocca Services

    1. Mocca Services in General

In addition to all other relevant terms and conditions, the following terms will apply to all Mocca Services offered and made available by MediaCorp:

      1. Mocca Services added, offered and made available to you by MediaCorp may be subject to additional terms, conditions, instructions, guidelines, policies, rules and regulations (“Additional Service Terms”) whether posted on the Mocca Site or not. In such event, all Additional Service Terms will be deemed incorporated into and form part of the Terms and Conditions by reference.

      1. Without affecting Section 1 above in any way, MediaCorp reserves the right, at any time and from time to time, to add to, remove from, and make other changes to the terms and conditions on which Mocca Services are offered and made available. This includes, without limitation, the right to introduce new, and change the then-current, fees, price plans, billing methods for any and all Mocca Services. Such changes will become effective immediately by posting the same on the Mocca Site or notification by electronic or conventional mail or such other means as determined by MediaCorp at its sole discretion. Any use of the relevant Mocca Services by you after such notice will be deemed to constitute acceptance by you of the changes.

    1. Paid Mocca Services

In addition to Section 3.1 above and all other applicable Terms and Conditions, the following will apply to paid Mocca Services:

      1. you will be informed by MediaCorp (whether on the Mocca Site or through a MediaCorp representative) of the terms of the offer (including, without limitation, fees, price plans, payment methods, credit card information, and applicable GST and other taxes);

      1. you will, if required to use any paid Mocca Service, register for a User Account (further details on registration of User Accounts are provided in Section 4 below);

      1. you authorize MediaCorp to charge to the credit card account designated during the subscription process the relevant charges according to the fees and price plans for the Mocca Services you choose;

      1. you must provide MediaCorp with true, accurate, complete and updated information on your name, e-mail address, credit card account information and other information required to be provided by you at the time of subscription or purchase; and

      1. MediaCorp can decline and refuse to provide any and all Mocca Services to any party at its sole discretion and for any reason without the need to give any reason to you or any third party.

  1. User Accounts

    1. Registration and User Accounts in General

      1. Some Mocca Content, Mocca Software and Mocca Services, and some parts of the Mocca Site, are only available to users with valid User Accounts. If you do not already have a User Account, you can register for one on the Mocca Site (at http://www.mocca.com/user/register ). You can also email the Mocca webmaster at webmaster@mocca.com if you have any queries on registration of User Accounts.

      1. Separate subscription fees and charges (in addition to the charges for paid Mocca Services) may apply for registering and using User Accounts. Such fees and charges will be posted on the Mocca Site or separately communicated to you by a MediaCorp representative. You must pay in full all fees and charges you incur relating to your User Account(s). Payment must be made on the dates or within the period of time as informed to you by MediaCorp from time to time.

      1. You warrant that all information you provide to MediaCorp in relation to your User Account(s) (including, without limitation, information during the application process and on any application form) is true, correct, complete and updated at the time of submission. If, after your provision of the information, there are any changes to the information, you agree to provide MediaCorp with the true, accurate, and complete updated information as soon as possible.

      1. The registration and use of User Accounts may be subject to additional terms, conditions, instructions, guidelines, policies, rules and regulations (“Additional User Account Terms”) whether posted on the Mocca Site or not. In such event, all Additional User Account Terms will be deemed incorporated into and form part of the Terms and Conditions by reference.

      1. Without affecting Section 1 above in any way, MediaCorp reserves the right, at any time and from time to time, to add to, remove from, and make other changes to the terms and conditions on which User Accounts are offered and made available. This includes, without limitation, the right to introduce new, and change the then-current, fees, price plans, billing methods for any and all User Accounts. Such changes will become effective immediately by posting the same on the Mocca Site or notification by electronic or conventional mail or such other means as determined by MediaCorp at its sole discretion. Any use of your User Account(s) after such notice will be deemed to constitute acceptance by you of the changes.

      1. MediaCorp can decline and refuse registrations for any and all User Accounts at its sole discretion and for any reason without the need to give any reason to you or any third party.

    1. Responsibility for User Accounts

      1. Your User Account is personal to you. You must not:

        1. disclose your User Account identification or password to any other party;

        2. allow any other party to use or share your User Account; or

        3. use or access any or any part of the Mocca Site, Mocca Software, Mocca Content or Mocca Service through your User Account from more than one computer at the same time.

      1. You will be fully responsible the security of your User Account and for all use of your User Account. This includes all activities and all User Content posted, made available, submitted and/or transmitted using your User Account. You will be fully responsible even if you are not the one actually using your User Account or carrying out the activities or the posting, making available, submission and/or transmission of the User Content.

      1. Other users will be similarly responsible for all use of their respective User Accounts. Without affecting any limitation or exclusion of liability elsewhere in the Terms and Conditions, MediaCorp will not be responsible or liable, directly or indirectly, for any damage, injury or loss sustained by you or any other party whatsoever and howsoever caused by or in connection with any use made by other users of their respective User Accounts.

  1. Permitted Use of Mocca Site, Mocca Content, Mocca Software and Mocca Services

    1. Permitted Use of Mocca Site, Mocca Content and Mocca Software

For as long as you comply with all the Terms and Conditions, you are permitted to access and use the Mocca Site, Mocca Content and Mocca Software strictly for your own personal and non-commercial enjoyment as follows:

      1. For Mocca Software, your download, installation and use of the software will be governed by the following terms and conditions, and the terms and conditions of the accompanying licence agreements if any (“Additional Software Terms”), which will be deemed incorporated into and form part of the Terms and Conditions:

        1. The software is only licensed, and not sold, to you for your personal and non-commercial use.

        2. All Intellectual Property Rights and other rights not expressly granted to you under the Terms and Conditions are expressly reserved by MediaCorp and its licensors.

        3. You are only permitted to download, install and use the software for as long as you comply with the Terms and Conditions, and you must delete any copy of the installation package for the software immediately after its installation.

        4. You must use the software strictly for the purpose for which it was offered and made available to you.

        5. You do not have any right to, and you must not, and must not attempt to:

          1. make any back-up copy of the software;

          2. save, cache, copy, reproduce, change, alter, modify, or create any derivative work of the software;

          3. reverse engineer, decompile, or disassemble the software;

          4. provide any commercial hosting services with the software;

          5. lend, rent, lease, or sub-license any part of the software;

          6. communicate, distribute or make available for download in any way (including, without limitation, from or through any computer or server or network) any part of the software;

          7. exploit in any way for any personal or other gain any part of the software; or

          8. hyperlink or deeplink to the installation package of the software or the web directory or location of where such package can be found.

        6. You must not remove or obscure any copyright or trademark notice or other proprietary notices on or in the software. All notices must be duplicated on all authorized copies as they appear on or in the source copy of the software.

      1. For Mocca Content that is audio and/or video content, you are permitted to only view and listen to such Mocca Content.

      1. For Mocca Content other than audio and/or video content, unless otherwise stated on the Mocca Site or such Mocca Content, you are permitted to view, download, save and print out such Mocca Content for your own personal and non-commercial use only.

    1. Permitted Use of Mocca Services

You are permitted to use the Mocca Services only according to the relevant Terms and Conditions for the respective Mocca Services.

  1. Prohibitions on Use of Mocca Site, Mocca Content, Mocca Software, Mocca Services and User Accounts

    1. Unless elsewhere permitted in the Terms and Conditions (including Sections 5.1 and 5.2 above) or permitted in writing by MediaCorp (which permission can be withheld at MediaCorp’s sole discretion), you must NOT, and must NOT attempt to:

      1. display, print, save, cache, copy, reproduce, change, alter, modify, or create any derivative work of, any or any part of the Mocca Site, Mocca Content, Mocca Software, Mocca Service or User Account;

      1. offer, sub-sell, lend, rent, lease, sub-license, or otherwise grant to any third party any right in respect of, any or any part of the Mocca Site, Mocca Content, Mocca Software, Mocca Service or User Account;

      1. communicate, distribute or make available for download in any way (including, without limitation, from or through any computer or server or network) any or any part of the Mocca Site, Mocca Content, Mocca Software, Mocca Service or User Account;

      1. exploit in any way for any personal or other gain any or any part of the Mocca Site, Mocca Content, Mocca Software, Mocca Service or User Account; or

      1. deeplink from any other website to, or frame on any other website, any or any part of the Mocca Site, Mocca Content, Mocca Software, Mocca Service or User Account.

    1. You must NOT at any time:

      1. assume a false identity or the identity of some other registered user to access or use any or any part of the Mocca Site, Mocca Content, Mocca Software, Mocca Service or User Account;

      1. use any robot, spider, other automatic device, or manual process to monitor or copy any or any part of the Mocca Site, Mocca Content, Mocca Software, Mocca Service or User Account;

      1. use any device, software or routine to interfere or attempt to interfere with the proper working or display of any or any part of the Mocca Site, Mocca Content, Mocca Software, Mocca Service or User Account;

      1. take any action that damages, disables, overburdens, impairs or imposes an unreasonable or disproportionately large load on any part of MediaCorp’s infrastructure or any or any part of the Mocca Site, Mocca Content, Mocca Software, Mocca Service or User Account;

      1. take any action that interferes with any other user’s access or use of any or any part of the Mocca Site, Mocca Content, Mocca Software, Mocca Service or User Account;

      1. use any or any part of the Mocca Site, Mocca Content, Mocca Software, Mocca Service or User Account for sending out unsolicited e-mails; or

      1. use any or any part of the Mocca Site, Mocca Content, Mocca Software, Mocca Service or User Account in any way that will or could:

        1. violate, or that will or could result in any of the MediaCorp Group Companies violating, any law, statute, ordinance or regulation (including, without limitation, those governing export control, consumer protection, unfair competition, anti-discrimination and false advertising), or code of practice, direction, order, or guideline issued by any regulatory authority;

        2. cause any form of loss or damage to any of the MediaCorp Group Companies or any third party (including, without limitation, loss of reputation and goodwill); or

        3. create any liability for any of the MediaCorp Group Companies or cause any of the MediaCorp Group Companies to lose (in whole or in part) the services of any Internet or telecommunication service provider or any other supplier of products and/or services.

  1. User Content and Technical Information

    1. Responsibility for User Content in General

      1. In connection with your use of the Mocca Site, Mocca Content, Mocca Software, Mocca Services and/or your User Account(s) (if any), you may be required or permitted to post, make available, submit and/or transmit User Content. MediaCorp does not endorse your User Content and you agree that:

        1. you are solely responsible for all User Content you post, make available, submit or transmit; and

        2. MediaCorp and the Mocca Site, Mocca Software, Mocca Services and your User Account(s) only act as passive conduits for your posting, making available, submission and/or transmission of such User Content.

      1. Similarly, other users will be responsible for all User Content they post, make available, submit and/or transmit, and MediaCorp does not endorse any such User Content. You acknowledge and agree that MediaCorp and the Mocca Site, Mocca Software, Mocca Services and User Accounts likewise only act as passive conduits for their posting, making available, submission and/or transmission of such User Content. Without affecting any limitation or exclusion of liability elsewhere in the Terms and Conditions, MediaCorp will not be responsible or liable, directly or indirectly for any damage or loss whatsoever and howsoever caused by or in connection with any use made by other users of their respective User Accounts.

      1. Without affecting anything in Section 6 above, you must not post, make available, submit or transmit any User Content that:

        1. contravenes any of MediaCorp’s posting rules whether posted on the Mocca Site or not (which rules will be deemed incorporated into and form part of the Terms and Conditions by reference);

        2. is false, fraudulent, inaccurate, incorrect, untrue, or misleading;

        3. infringes any third party's Intellectual Property Rights or rights of publicity or privacy;

        4. is defamatory, libellous, offensive, unlawfully threatening or unlawfully harassing;

        5. is racist, sexist or ageist;

        6. advertises any illegal product or service, including, without limitation:

          1. prostitution or other sexual services, whether explicit or implicit;

          2. massage services by under-aged persons;

          3. recruitment of under-aged persons for escort or massage services;

          4. illegal money-lending; and/or

          5. medical products, health supplements and other items that have been banned by any governmental/regulatory authorities;

        7. is obscene or contains pornography or anything sexually explicit, offensive, illegal adult in nature or harmful to minors, including without limitation:

          1. images or video clips with nudity or which depict sexual acts; and/or

          2. obscene language;

        8. contains anything that is against the public interest, public morality, public order, public security, or national harmony, or that is otherwise prohibited by Singapore laws;

        9. comments in any way on political interests and/or political parties;

        10. contains any Viruses;

        11. will or could violate, or that will or could result in any of the MediaCorp Group Companies violating, any law, statute, ordinance or regulation (including, without limitation, those governing export control, consumer protection, unfair competition, anti-discrimination and false advertising), or code of practice, direction, order, or guideline issued by any regulatory authority;

        12. will or could cause any form of loss or damage to any of the MediaCorp Group Companies or any third party (including, without limitation, loss of reputation and/or goodwill); or

        13. will or could create any liability for any of the MediaCorp Group Companies or cause any of the MediaCorp Group Companies to lose (in whole or in part) the services of any Internet or telecommunication service provider or any other supplier of products and/or services.

    1. Permitted Use by MediaCorp Group Companies of User Content and Technical Information

      1. In respect of any and all:

(1) technical and related information about your computer, system and application software and peripherals (collectively, “Technical Information”); and

(2) User Content you post, make available, submit and/or transmit through or in connection with the Mocca Site, Mocca Software, Mocca Services, and/or User Accounts (including, without limitation, User Content which is personally identifiable information),

you expressly agree that MediaCorp and the other MediaCorp Group Companies can (but are not obliged to) collect, use, publicise and disclose to third parties such Technical Information and User Content for various purposes as it deems appropriate at its sole discretion, including, without limitation, for any of the following purposes:

        1. for communicating with you and for sending you emails, newsletters, information and updates (whether electronically or otherwise) to keep you informed about new products, services and promotions, including marketing and advertising materials in relation to products and services provided by the MediaCorp Group Companies and third parties selected by any of the MediaCorp Group Companies;

        2. for verifying your compliance with the Terms and Conditions;

        3. for improving, publicising and/or providing to you, and parties designated by you, the Mocca Site, Mocca Content, Mocca Software, Mocca Services, User Accounts and/or other websites, products, services and/or technologies of the MediaCorp Group Companies and the designated representatives and business partners of the MediaCorp Group Companies, and all matters relating thereto;

        4. for verifying and processing payment when you subscribe for or purchase:

          1. Mocca Services and/or User Accounts; and/or

          2. other products and/or services through the Mocca Site, Mocca Content, Mocca Software, Mocca Services and/or User Accounts;

        5. for verifying and recording your personal particulars, and comparing it with information from other sources;

        6. for conducting statistical analyses of the users of the MediaCorp Group Companies’ sites (including, without limitation, the number of users, the frequency of use and profile of users) and using such analyses for the MediaCorp Group Companies’ business plans, products and services enhancement, targeted advertisements; and conveying such information to third parties who have or propose to have business dealings with the MediaCorp Group Companies;

        7. for complying with any request from any third party or any order of court or directive from authorities investigating any alleged offence, misdeed or abuse by any user;

        8. for the purposes of evaluating and taking legal action against any user for breach of the Terms and Conditions; and

        9. for otherwise disclosing, transferring, assigning, licensing, selling and granting to and/or among the MediaCorp Group Companies and any third parties (including business partners of the MediaCorp Group Companies) all or any portion of such User Content and/or Technical Information for any purpose.

      1. You hereby grant Media the MediaCorp Group Companies the non-exclusive, worldwide, perpetual, irrevocable, royalty-free, and sub-licensable (through multiple tiers) right to exercise, in any media and format (whether currently known or not) and for any purpose whatsoever, all Intellectual Property Rights you have in your User Content and Technical Information.

      1. You hereby release MediaCorp and all other MediaCorp Group Companies from and against any and all claims, suits, liabilities, or damages which you may have in connection with your User Content and/or Technical Information being:

        1. disclosed or otherwise provided by any of the MediaCorp Group Companies to any third party as permitted above; and/or

        2. used in any manner or format by the MediaCorp Group Companies or any third party to which any of the MediaCorp Group Companies has disclosed or provided your User Content and/or Technical Information.


      1. You further acknowledge and agree that:

        1. MediaCorp and the other MediaCorp Group Companies do not need to give you or any third party any notice or reason; and

        2. MediaCorp and the other MediaCorp Group Companies will not be liable to you or any third party in any way, for the exercise of any of their rights under this Section 7.2 or the other Terms and Conditions.

  1. Your Responsibility for Means of Access, Third Party Payment Gateway Services and Interaction with other users

    1. Means of Access

You will be responsible for obtaining your own Internet connection and providing your own communications equipment to access and use the Mocca Site, Mocca Content, Mocca Software, Mocca Services and/or your User Account(s). You will also be responsible for bearing and complying with all terms, conditions and charges imposed by your Internet and/or telecommunication service providers for you to access and use the Mocca Site, Mocca Content, Mocca Software, Mocca Services and/or your User Account(s). Without affecting any limitation or exclusion of liability elsewhere in the Terms and Conditions, MediaCorp will not be responsible or liable, directly or indirectly, for any damage, injury or loss sustained by you or any other party whatsoever and howsoever caused by or in connection with the use of any such communications equipment or Internet or telecommunications services.

    1. Third Party Payment Gateway Services

You will be responsible for complying with any terms and conditions and charges imposed by third party service providers in connection with payment gateway services they provide to facilitate your online payments. Without affecting any limitation or exclusion of liability elsewhere in the Terms and Conditions, MediaCorp will not be responsible or liable, directly or indirectly, for any damage, injury or loss sustained by you or any other party whatsoever and howsoever caused by or in connection with your use of any third party payment gateway services.

    1. Interaction with Other Users

Your interactions, dealings and transactions with other users, advertisers or other third parties found on or through the Mocca Site, Mocca Content, Mocca Software, Mocca Services, and/or User Accounts (including, without limitation, payment and delivery of related products and/or services, and any terms, conditions, warranties and representations relating thereto), are solely between you and such users, advertisers and other third parties, and carried out at your sole risk. Without affecting any limitation or exclusion of liability elsewhere in the Terms and Conditions, MediaCorp will not be responsible or liable, directly or indirectly, for any damage, injury or loss sustained by you or any other party whatsoever and howsoever caused by or in connection with such interactions, dealings and transactions.

  1. MediaCorp’s Rights

    1. In addition to MediaCorp’s other rights under the other Terms and Conditions and at law, MediaCorp reserves the right (but is not obliged to), from time to time and at any time:

      1. to add to, modify, delete, withdraw, stop, suspend, terminate, and prevent access to and use of any part or all of the Mocca Site, Mocca Content, Mocca Software, Mocca Services, and User Accounts for any reason whatsoever;

      1. to monitor User Content and material on any part of the Mocca Site (including, without limitation, chat rooms and discussion forums); and

      1. to remove or refuse to publish or post any User Content or material that MediaCorp, in its sole discretion, finds to be in violation of the Terms and Conditions or otherwise objectionable or inappropriate.

    1. You further acknowledge and agree that:

      1. MediaCorp and the other MediaCorp Group Companies do not need to give you or any third party any notice or reason; and

      1. MediaCorp and the other MediaCorp Group Companies will not be liable to you or any third party in any way,

for the exercise of any of their rights under Section 9 above or the other Terms and Conditions.

  1. Intellectual Property Rights

    1. The Intellectual Property Rights in the Mocca Site, Mocca Content, Mocca Software, Mocca Services and User Accounts are owned by and remain the property of MediaCorp, its related corporations, or its licensors. These Intellectual Property Rights are protected by the laws of Singapore and international treaty provisions. The MediaCorp Group Companies will aggressively enforce, to the fullest extent of the law, all Intellectual Property Rights they own.

    1. The company names, trade marks, service marks and logos (collectively, "Trade Marks") used and displayed on and/or during use of the Mocca Site, Mocca Content, Mocca Software, Mocca Services and/or User Accounts, are registered and unregistered Trade Marks of MediaCorp, its related corporations, or its licensors. Nothing in the Terms and Conditions, or the Mocca Site, Mocca Content, Mocca Software, Mocca Services or User Accounts, grants you or any other party (whether by implication, estoppel, or otherwise) any license or right to use any of the Trade Marks belonging to MediaCorp or its related corporations. Without affecting the foregoing in any way, you must not:

      1. use the Trade Marks to hyperlink, "hot" link or inlink to any website (including, without limitation, those owned or operated by any of the MediaCorp Group Companies) unless the establishment of such a link has been approved in advance by MediaCorp in writing;

      1. use the Trade Marks in any way (including, without limitation, in advertising or publicity pertaining to the posting, submission and/or transmission of your User Content) without the prior written permission of MediaCorp.

    1. You must retain all Intellectual Property Right and other proprietary notices on or in the Mocca Site, Mocca Content, Mocca Software, Mocca Services and User Accounts. You must NOT, and must NOT attempt to, remove or obscure any such proprietary notices.

  1. Disclaimers and Exclusions of Liability

    1. The Mocca Site, Mocca Content, Mocca Software, Mocca Services and User Accounts are made available on an “as is, as available” basis. None of the MediaCorp Group Members has any obligation to offer or make available any or any part of the Mocca Site, Mocca Content, Mocca Software, Mocca Service, User Account or user support. You access, use and rely on the Mocca Site, Mocca Content, Mocca Software, Mocca Services and User Accounts, and any products or services that may be available, advertised or sold through the Mocca Site, Mocca Content, Mocca Software, Mocca Services and/or User Accounts, solely at your own risk.

    1. MediaCorp and the other MediaCorp Group Companies do not make any representation or warranty, whether express or implied, in relation to the Mocca Site, Mocca Content, Mocca Software, Mocca Services, User Accounts, or any products or services that may be available, advertised and/or sold through the Mocca Site, Mocca Content, Mocca Software, Mocca Services and/or User Accounts. All such representations and warranties are excluded to the extent permissible by applicable law. This exclusion covers, without limitation, representations and warranties of merchantability, fitness for any purpose, accuracy, availability, reliability and non-infringement, and all warranties from course of dealing or usage of trade.

    1. Without affecting the generality of Section or above:

      1. MediaCorp and the other MediaCorp Group Companies do not warrant that:

        1. your access to or use of any or any part of the Mocca Site, Mocca Content, Mocca Software, Mocca Service or User Account will be uninterrupted, continued or secure;

        2. any products, services, information or other material purchased or obtained by you on or through the Mocca Site, Mocca Content, Mocca Software, Mocca Services and/or User Accounts will meet your expectations;

        3. the Mocca Site, Mocca Software, Mocca Content, Mocca Services and User Accounts will be error free and free from Viruses; or

        4. the Mocca Site, Mocca Content, Mocca Software, Mocca Services and User Accounts, and any advice, opinion, statement or other material or database displayed, uploaded or distributed on or available though the Mocca Site, Mocca Content, Mocca Software, Mocca Services and/or User Accounts, is accurate, complete, or reliable.

      1. MediaCorp and the other MediaCorp Group Companies will not be responsible for, and exclude to the fullest extent permitted by law, any liability for any action, claim, demand, damage, injury, loss (including, without limitation, loss of revenue, loss of rental, loss of profits, loss of business, loss of opportunity, loss of anticipated savings, and loss of data), damages, cost, or expense of any kind (including, without limitation, direct, incidental, indirect, consequential, special, punitive and exemplary losses and damages), whether based on contract, tort or any other form of action, and whether or not MediaCorp has been advised of the possibility of the same, arising from or in connection with any matter relating to any or any part of the Mocca Site, Mocca Content, Mocca Software, Mocca Service or User Account, including, without limitation:

        1. any access to or use of any or any part of the Mocca Site, Mocca Content, Mocca Software, Mocca Service or User Account, including without limitation:

          1. any delay, failure, or inability to gain access to or use any or any part of the Mocca Site, Mocca Content, Mocca Software, Mocca Service or User Account for any reason whatsoever;

          2. any user’s connection or access to the Mocca Site or the quality of the transmission of any information passing between any user and the Mocca Site;

          3. the use of any communications equipment to access or use any or any part of the Mocca Site, Mocca Content, Mocca Software, Mocca Service or User Account;

          4. any unauthorised use of the User Account;

        2. any User Content;

        3. any interaction, dealing or transaction between any user and any other user, advertiser or third party;

        4. any products and/or services that may be available, advertised and/or sold through or through use of the Mocca Site, Mocca Content, Mocca Software, Mocca Services and/or User Accounts, or any advertisement or offer relating thereto;

        5. any advice, opinion, statement or other material or database displayed, uploaded or distributed on or available though the Mocca Site, Mocca Content, Mocca Software, Mocca Services and/or User Accounts;

        6. any inaccuracy or error in any or any part of the Mocca Site, Mocca Content, Mocca Software, Mocca Service or User Account (including, without limitation, any information generated or obtained through the Mocca Site, Mocca Content, Mocca Software, Mocca Services and/or User Accounts);

        7. any Viruses in or transmitted through the Mocca Site, Mocca Content, Mocca Software, Mocca Services and/or User Accounts (including, without limitation, any functionality generated or obtained through the Mocca Site, Mocca Content, Mocca Software, Mocca Services and/or User Accounts); and

        8. any and all third party services or websites not controlled by MediaCorp, even if they are linked to or accessed through the Mocca Site, Mocca Content, Mocca Software, Mocca Services and/or User Accounts, including, without limitation:

          1. any Internet or telecommunications service provided by any third party; and

          2. any third party payment gateway services.


    1. If any one or more exclusions of liability in this Section 11 are not permitted by law, then the aggregate cumulative liability of MediaCorp and all the other MediaCorp Group Companies will be limited to the aggregate amount you paid MediaCorp, if any, for access to and use of the Mocca Site, Mocca Content, Mocca Software, Mocca Services and User Accounts in the one month period before the cause of action accrued. Such aggregate amount will be deemed to be liquidated damages, and the payment to you of such aggregate amount will constitute full and final settlement of all your claims, rights of recovery and actions against MediaCorp and the other MediaCorp Group Companies in respect of all damages, costs and expenses incurred by you, and you agree that thereafter you will not make any further claims against, and no additional amounts will be due from, MediaCorp or any of the other MediaCorp Group Companies.

    1. No claim, demand or action, regardless of form arising out of or in connection any matter relating to any or any part of the Mocca Site, Mocca Content, Mocca Software, Mocca Service or User Account can be brought by you or any other party against MediaCorp or any of the MediaCorp Group Companies more than one year after the cause of action has accrued.

  1. Indemnity

    1. You agree to fully indemnify the MediaCorp Group Companies for any and all liability, losses, damages, costs and expenses that they may suffer or incur due to any breach of the Terms and Conditions by you. Without affecting the generality of the foregoing, the items to be indemnified include, without limitation:

      1. loss of revenue, rental, profits, business, opportunity, anticipated savings, and data;

      1. losses and damages due to any claims, demands, actions, or lawsuits by third parties (including any Intellectual Property Right owner or licensor);

      1. costs and expenses of investigations, litigation, settlement, judgment and interest; and

      1. legal fees (on a full indemnity basis).

    1. If there is any third party claim, demand or suit against any one or more of the MediaCorp Group Companies, for which the relevant MediaCorp Group Companies are entitled to indemnification under this Section 12, you agree to provide such assistance as is reasonably requested by MediaCorp to defend against the third party claim, demand or suit.

  1. Suspension and Termination

    1. Suspension and Termination of Access to and Use of Mocca Site, Mocca Content, Mocca Software and Free Mocca Services

      1. Your rights to access and use the Mocca Site, Mocca Content, Mocca Software and free Mocca Services under the Terms and Conditions will remain effective until suspended or terminated.

      1. MediaCorp will have the right to immediately suspend and/or terminate your rights to access and use the Mocca Site, Mocca Content, Mocca Software and free Mocca Services without the need for MediaCorp to give any notice or reason for the suspension or termination.

      1. Your rights to access and use the Mocca Site, Mocca Content, Mocca Software and free Mocca Services under the Terms and Conditions will terminate automatically without notice from MediaCorp if you fail to comply with:

        1. any of the Terms and Conditions;

        2. any term or condition in any licence agreement for any Mocca Software or for any services provided by MediaCorp and/or any of the other MediaCorp Group Companies.


    1. Suspension and Termination of User Accounts and Paid Mocca Services

Without affecting MediaCorp’s other rights elsewhere in the Terms and Conditions or at law, MediaCorp will have the right to immediately suspend and/or terminate any and all User Accounts and paid Mocca Services with respect to any user for any reason whatsoever, including, without limitation:

      1. if MediaCorp believes (in its sole opinion) that the user has engaged in objectionable or inappropriate conduct; and

      1. if the user has breached any of the Terms and Conditions,

and without the need for MediaCorp to give any notice or reason for the suspension or termination.

    1. Effects of Suspension

      1. Upon any suspension, your rights to access and use the Mocca Site, Mocca Content, Mocca Software, free or paid Mocca Services and/or User Accounts (as applicable) will temporarily cease and will resume only at such time as MediaCorp deems appropriate at its sole discretion.

      1. Notwithstanding any suspension, you will still have to continue paying all charges and fees in respect of paid Mocca Services and your User Account(s) unless waived in writing by MediaCorp.

    1. Effects of Termination

      1. Upon termination of your rights to access and use the Mocca Site, Mocca Content, Mocca Software, and free Mocca Services, you must cease accessing and using the Mocca Site, Mocca Content, Mocca Software, and free Mocca Services. You must also promptly de-install, delete and destroy all copies of any Mocca Content and Mocca Software that you have downloaded, installed, saved, printed or reproduced in any medium.

      1. Upon termination of any paid Mocca Service and/or User Account, your rights to access and use the paid Mocca Service and/or User Account will cease and you must cease accessing and using the paid Mocca Service and/or User Account; and there will be NO refund of any fees paid in advance for such paid Mocca Service and/or User Account unless otherwise agreed in writing by MediaCorp. You will nonetheless still be liable for payment of any amounts due or other obligations incurred in respect of such paid Mocca Service and/or User Account before the termination.

  1. Notices

You agrYou agree that MediaCorp can (but is not obliged to) send you notices (including, without limitation, those regarding changes to the Terms and Conditions) by email, regular mail, postings on the Mocca Site or any other mode of communication as MediaCorp deems appropriate.

  1. Severability

If a Court of any competent authority decides that any provision (or part thereof) of the Terms and Conditions is void or ineffective in whole or in part, then the void or ineffective provision or part thereof will be deemed excluded and all other provisions and parts of the Terms and Conditions will not be affected and will continue in full force and effect.

  1. No Waiver

A failure by MediaCorp to act on any breach by you or others of any of the provisions of the Terms and Conditions does not waive any of MediaCorp’s rights for that breach or any subsequent or similar breaches.

  1. Electronic Communicatons and Transactions

You agree:

      1. that all electronic communications made in connection with your access and use of the Mocca Site, Mocca Content, Mocca Software Mocca Services and/or User Accounts will be given legal effect, validity and enforceability and will have comparable evidential value as a physical written document;

      1. not to contest the legally binding nature, validity or enforceability of any transaction made through the Mocca Site, Mocca Content, Mocca Software, Mocca Services and/or User Accounts on the ground that it was entered into electronically; and

      1. to expressly waive any and all rights you may have to assert any such claims and to comply with all relevant laws concerning electronic communications.

  1. Governing Law and Dispute Resolution

    1. The Terms and Conditions are governed by and are to be interpreted according to the laws of the Singapore.

    1. Any disputes or claims relating to the Terms and Conditions will be subject to the exclusive jurisdiction of the Singapore Courts.