PLEASE READ THESE TERMS CAREFULLY. PLEASE NOTE THAT SERVICES COVERED BY THIS AGREEMENT MAY NOT BE CANCELLED BY YOU OTHER THAN AS DETAILED IN THESE TOS ONCE THE PROVISION OF THOSE SERVICES HAS COMMENCED. IF YOU DO NOT AGREE WITH THESE TERMS, YOU SHOULD NOT PROCEED ANY FURTHER ON THIS WEBSITE OR WITH USAGE OF SMS & WAP SERVICES. OTHERWISE YOU AGREE TO USE THE SERVICES ON THE TERMS SET OUT IN THIS AGREEMENT. WE MAY NEED TO VARY THESE TERMS FROM TIME TO TIME AND ANY SUCH CHANGES WILL BE UNDERTAKEN IN ACCORDANCE WITH CLAUSE 11.2 BELOW. PLEASE CHECK THIS SITE REGULARLY AS WE WILL NOTIFY YOU HERE OF ANY SUCH CHANGES. 1 Introduction 1.1 Service Description. This service is brought to you by CNBC Asia Pacific and administered by its agent, Starcut Asia Pacific Pte Ltd (STARCUT). CNBC ASIA PACIFIC provides Mobile handset users with access to Mobile products and services through SMS (Short Message Service) and WAP (Wireless Application Protocol) services (the "Service") 1.2 Applicable terms and conditions. The Service and any products and services which may be accessed through the Service are made available to you subject to these Terms of Services ("TOS"). The TOS are in addition to the Terms of Service of cnbc.com shown at http://www.cnbc.com/id/15837353/site/14081545/ (amended as necessary to apply to the service) and any CNBC ASIA PACIFIC or third party terms and conditions applicable to products and services, which may be posted from time to time in connection with such products and services ("Specific Terms"). In case of any conflict between the TOS and such Specific Terms the latter shall prevail. 2 Conclusion of contract 2.1 Invitations to order. Unless otherwise expressly indicated, no information presented in the Service or in connection with any products and services shall be deemed as a binding offer by CNBC ASIA PACIFIC, but an invitation for you to order. 2.2 Contract for the Service. The contract for the Service between you and CNBC ASIA PACIFIC shall be deemed concluded when CNBC ASIA PACIFIC, upon your request (order), have provided you with access to the Service, and the information and/or services that you requested have been delivered. The Service will be delivered to the mobile number from which the request to receive the Service was received. 2.3 Assignment. You may not assign or otherwise transfer the contract or assign, transfer or sub-license any of your rights thereunder. CNBC ASIA PACIFIC shall have the right to assign its rights and obligations under this contract and any receivables based on this contract to a third party of which notice in writing will be given to you provided such assignment is made under terms no less favourable to you than those in this TOS. After a notice concerning the transfer of receivables, payments shall be valid only when made to the new service provider. 3. Access to the Service 3.1 Equipment and Software. In order to use the Service, you must have a mobile communications subscription or otherwise have access to the Service on the network in which CNBC ASIA PACIFIC make the Services available ("Subscription"), and pay any service fees associated with such access. In addition, you must provide all equipment and software necessary to make such connection, including a mobile hand set or other access device and ensure that they are in working order and suitable for use in connection with the Service. It is recommended that you check with your individual mobile phone service provider in this regard. You are responsible for ensuring that that equipment and software do not disturb or interfere with CNBC ASIA PACIFIC operations. Any equipment or software causing interference shall be immediately disconnected from the Service. 3.2 Compatability. The Service is subject to availability and handset/network compatibility. CNBC Asia strongly recommends that you check your handset compatibility prior to requesting the Service. CNBC ASIA PACIFIC accepts no responsibility for any incompatible mobile phone handsets. 3.3. Access without registration. CNBC ASIA PACIFIC provides you with access to some part of the Services without you registering as a user. In that case your identification is based on other means of identification that CNBC ASIA PACIFIC deems appropriate. Identification is typically based on data identifying your Subscription, such as your Subscription number or MSISDN number provided by your network operator. You agree that such information may be collected and dis-closed to THE CNBC ASIA & STARCUT and used in accordance with section 4.1. 4. Processing of your information 4.1 Privacy. THE CNBC ASIA & STARCUT are committed to the privacy of their customers. You acknowledge that CNBC ASIA PACIFIC collects and processes Registration Data and information on your use of the Service including the personally identifiable information contained therein for reasonable purposes and you consent to such practices. 5. Service Obligation 5.1 Reasonable efforts to maintain the Service. CNBC ASIA PACIFIC shall use reasonable efforts to keep the Service (or individual services supplied by CNBC ASIA PACIFIC) available in accordance with the information that you have received about it at the date of this Agreement. CNBC ASIA PACIFIC may suspend the Service for repair, maintenance, and/or upgrade work. In such a case, CNBC ASIA PACIFIC shall aim at keeping the said interruption short and at causing as little inconvenience to you as reasonably possible. 5.2 Right to modify services. CNBC ASIA PACIFIC shall have the right to provide the Service as it deems best but will try to ensure that the Service is of no lesser standard than as at the date these TOS were entered into. CNBC ASIA PACIFIC reserves the right to modify or discontinue, temporarily or permanently the Services provided. If a service is or the Services are to be permanently discontinued, CNBC ASIA PACIFIC will notify you of this fact. 5.3 Service Upgrades. If any upgrade in a service requires changes in your equipment or software, you must effect these changes at your own expense. CNBC ASIA PACIFIC shall inform you of any such alterations in the Service in advance. Unless explicitly stated otherwise, any new or additional features that augment or enhance the current Services, including the release of new services, shall be subject to the TOS. 6. LIMITED WARRANTIES 6.1 NO WARRANTIES OTHER THAN THOSE CONTAINED IN THE TOS ARE PROVIDED. THE SERVICE (AND ANY SERVICES AVAILABLE THROUGH CNBC ASIA PACIFIC'S SERVICES) ARE OFFERED TO YOU ON AN "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND SAVE AS PROVIDED IN THESE TOS AND AS REQUIRED BY THE LAW APPLICABLE TO THESE TERMS OF SERVICE. YOUR USE OF THE SERVICES AND/OR ANY INFORMATION, DATA, TEXT, SOFTWARE, MUSIC, SOUND, PHOTOGRAPHS, GRAPHICS, VIDEO, MESSAGES OR OTHER MATERIALS TRANSMITTED THROUGH OR MADE AVAILABLE USING THE SERVICE ("CONTENT") IS AT YOUR OWN RISK AND THE USE BY YOU OF THE SERVICES MUST COMPLY WITH INSTRUCTIONS GIVEN BY CNBC ASIA PACIFIC FROM TIME TO TIME. 6.2 SERVICES. CNBC ASIA PACIFIC MAKES NO WARRANTY THAT (i) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE (OR ANY SERVICES AVAILABLE THROUGH CNBC ASIA'S SERVICES) WILL BE ACCURATE OR RELIABLE, (ii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS BASED ON THE INFORMATION AVAILABLE TO YOU IN CONNECTION WITH THE SERVICE AT THE DATE OF ACCEPTING THESE TOS, AND (iii) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED; CNBC ASIA PACIFIC ACCEPTS NO RESPONSIBILITY FOR ANY TEXT MESSAGE NOT RECEIVED BY CNBC ASIA PACIFIC IN THE DELIVERY OF THE TEXT MESSAGE DUE TO TECHNICAL DISRUPTION OR FOR ANY OTHER REASON INCLUDING, WITHOUT LIMITATION, ANY FAILURE OR DELAY BY A MOBILE OPERATOR SERVICE PROVIDER IN DELIVERY OF ANY TEXT MESSAGE SENT BY YOU IN RELATION TO THE SERVICE. 6.3 DOWNLOADING OF CONTENT. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL; 6.4 SECURITY MEASURES. CNBC ASIA PACIFIC SHALL USE REASONABLE EFFORTS TO SECURE ANY INFORMATION THAT YOU TRANSMIT OR STORE THROUGH THE SERVICE IN ORDER TO PREVENT UNAUTHORISED ACCESS BY THIRD PARTIES. YOU ACKNOWLEDGE, HOWEVER, THAT THE CNBC ASIA/ STARCUT IS UNABLE TO EXERCISE FULL CONTROL OVER THE SECURITY OF INFORMATION PASSING OVER THE NETWORK UTILISED BY THE SERVICES OR VIA THE SERVICE, AND CNBC ASIA HEREBY EXCLUDE ALL LIABILITY OF ANY KIND FOR UNAUTHORISED ACCESS TO INFORMATION PASSING OVER THE NETWORK OR VIA THE SERVICE. 6.5 GENERAL WARRANTIES: (A) THE SERVICES ARE SMS MESSAGE, AND WAP DRIVEN AND CNBC ASIA PACIFIC IS NOT ABLE TO CONTROL EFFICIENCY ALL NETWORKS IN THEIR ENTIRETY OVER WHICH THE SERVICES (AND INDIVIDUAL CNBC ASIA PACIFIC OR THIRD PARTY SERVICES) ARE SUPPLIED. THEREFORE, THE CNBC ASIA/ STARCUT ASSUME NO RESPONISIBILITY FOR ANY DISRUPTION TO THE SERVICES/INDIVIDUAL THE CNBA ASIA/STARCUT SERVICES PROVIDED THAT WE WILL USE ALL REASONABLE EFFORTS TO RECTIFY ANY SUCH DISRUPTION AS SOON AS REASONABLY PRACTICABLE. FURTHER, CNBC ASIA PACIFIC MAKE NO REPRESENTATION OR WARRANTY AND ASSUME NO RESPONSIBILITY FOR THE DELAYS IN PROVISION OF THE SERVICES/INDIVIDUAL CNBC ASIA PACIFIC SERVICES, DISTORTION, MISDELIVERY OR FAILURE TO STORE ANY CONTENT, COMMUNICATIONS OR PERSONALISED SETTINGS OR THE EQUIPMENT USED BY YOU IN RELATION TO THE SERVICES OR INDIVIDUAL CNBC ASIA PACIFIC SERVICES; (B) NO NON-FRAUDULENT ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CNBC ASIA PACIFIC OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS SAVE ANY TERMS EXPRESSED TO BE ABLE TO BE VARIED IN THESE TOS. (C) CNBC ASIA PACIFIC IS NOT RESPONSIBLE FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION,DEFECT IN OPERATION OR TRANSMISSION, COMMUNICATIONS, LINE FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF RESPONSES ACCURRING IN RELATEION TO THE CONDUCT OF THE SERVICE. 7. Limitation of Liability 7.1 NOTHING IN THIS AGREEMENT LIMITS OR EXCLUDES EITHER THE CNBC ASIA'S, STARCUT'S OR YOUR LIABILITY FOR PERSONAL INJURY OR DEATH CAUSED BY OUR OR OUR EMPLOYEE'S OR YOUR NEGLIGENCE, OR ANY OTHER LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY APPLICABLE LAW. 7.2 SUBJECT TO CLAUSE 7.1, NEITHER THE CNBC ASIA OR STARCUT SHALL IN ANY CIRCUMSTANCES BE LIABLE UNDER THESE TOS FOR ANY OF THE FOLLOWING LOSS OR DAMAGE (WHETHER SUCH LOSSES OR DAMAGE WERE FORESEEN, FORESEEABLE, KNOWN OR OTHERWISE): (A) LOSS OF BUSINESS CONTRACTS; (B) LOSS OF SAVINGS OR ANTICIPATED SAVINGS; (C) LOSS OF REVENUE OR ANTICIPATED PROFITS; (D) LOSS OF GOODWILL; (E) LOSS OF DATA; (F) LOSS OF OPPORTUNITY; (G) LOSS OF REPUTATION; (H) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR LOSSES; OR; (G) FOR ANY OTHER UNUSUAL LOSSES. 7.3 SUBJECT TO CLAUSE 7.2, TO THE MAXIMUM EXTENT PERMITTED BY LAW, CNBC ASIA PACIFIC EXCLUDES ALL DIRECT AND INDIRECT LIABILITY HOWSOEVER ARISING. WHERE CNBC ASIA PACIFIC IS UNABLE TO EXCLUDE SUCH LIABILITY TO THE EXTENT PERMITTED BY LAW, CNBC ASIA PACIFIC LIMITS ITS LIABILITY ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT, AT ITS OPTIONS, TO: (1) IN THE CASE OF GOODS;         a. REPLACEMENT OF GOODS OR THE SUPPLY OF EQUIVALENT GOODS;         b. THE REPAIR OR GOODS; OR         c. THE PAYMENT OF THE COST OF (I) OR (II) OR (2) IN THE CASE OF SERVICES, THE RESUPPLY OR, OF PAYMENT OF THE COST OR RESUPPLYING, THE SERVICES. 8. Use of the Service and Content 8.1 The nature of content. Neither the Services, nor any of the information transmitted through or made available using the Service, is intended to supply tax, accounting or legal advice, advice regarding the suitability or profitability of any security or investment, any health or medical advice, or any other advice of a personal or private nature. Although the Services may provide access to information and recommendations and research about the foregoing topics, CNBC ASIA PACIFIC does not guarantee that such recommendations are suitable to you or for any other person. You shall make your own independent evaluation of the suitability of such recommendations. You assume full responsibility and liability for any and all tax, accounting, legal, investment, medical, health, or other personal decisions made by you. 8.2 Responsibility for the use of the Service. You are fully responsible for all activities that occur under your password or account or through your Subscription. That responsibility includes, but is not limited to, the responsibility for any fees for the use of the Service or any products and services made available through the Service. CNBC ASIA PACIFIC cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 8.2. 8.3 Prohibited activities. You agree not to use the Service or services available via the Services to: a) upload, make available, send or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; b) harm minors in any way; c) impersonate any person or entity, including, but not limited to, a CNBC ASIA PACIFIC official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; d) upload, make available, send or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party or any Content that you do not have a right to transmit under applicable law or under contractual or fiduciary relationship (such as information disclosed as part of employment relationships or under nondisclosure agreements); e) upload, send or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, "junk mail", "Spam", chain letters, pyramid schemes, or any other form of solicitation; f) upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or g) "stalk" or otherwise harass another. You agree not to: a) manipulate identifiers in order to disguise the origin of any Content transmitted through the Service; b) intentionally or unintentionally violate any applicable local, state, national or international law; c) reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. 8.4 CNBC ASIA PACIFIC's right to disclose information. You acknowledge and agree that CNBC ASIA PACIFIC may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of CNBC ASIA PACIFIC, its users and the public. 8.5 Intellectual Property in the Services. You acknowledge and agree that the Service, any software used in connection with the Service ("Software"), and usernames allocated to you contain proprietary and confidential information that is protected by applicable intellectual and industrial property and other laws and which belong to CNBC ASIA PACIFIC or third parties. You will not acquire ownership of any worldwide intellectual property rights in Software or usernames by virtue of your use of the Services. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorised by CNBC ASIA PACIFIC, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. You agree not to access the Service by any means other than through the interface that is provided by CNBC ASIA PACIFIC for use in accessing the Service. CNBC ASIA PACIFIC hereby grants you a license to make a single copy of the Content on the equipment you use to access the Service and to use and display such copy of the content on such equipment for private non-commercial purposes. 8.6 Without CNBC ASIA PACIFIC's prior permission, you agree not to display or use in any manner, the trademarks, trade names or logos used in connection with the Service. 9. PAYMENTS 9.1 Tariffs. The tariffs and terms of payment are made available at the CNBC ASIA PACIFIC website. You shall pay CNBC ASIA PACIFIC for the Services and the use thereof in accordance with the price lists in force. Unless otherwise indicated, the charges shall be invoiced on your mobile operator's bill (i.e. on the bill related to the use of the mobile subscription with which you have accessed the Service). 9.2 Price changes. CNBC ASIA PACIFIC reserves the right to change the tariffs for the Service by posting details of such changes on its web site or in other publicity materials. 10. Termination 10.1 Termination of the Service. You agree that CNBC ASIA PACIFIC, at its sole discretion, may terminate your use of the Service or individual services provided via the Services, and remove and discard any Content within such services. 10.2 Suspension of the Services. CNBC ASIA PACIFIC may suspend all or any of the Services (or individual services provided via the Services), for lack of use. 11. Other terms and conditions 11.1 Notices. You shall send any notices related to this contract to the following addresses:- email: supportapac@starcut.com; CNBC ASIA PACIFIC shall serve notices related to this contract by posting them on the CNBC ASIA PACIFIC website or by sending them to the address or e-mail address you have given to CNBC ASIA PACIFIC. Notices posted on the CNBC ASIA PACIFIC website or sent by e-mail shall be deemed received on the weekday following the day when they were posted or sent. 11.2 Changes to TOS. CNBC ASIA PACIFIC reserves the right to change these terms and conditions from time to time. Changes shall be notified to you by posting on the CNBC ASIA PACIFIC website or by sending you a notice pursuant to section 11.1 thereof. 11.3 Reasonable Control. CNBC ASIA PACIFIC is not responsible for non-compliance with the terms of these TOS where such non-compliance results from matters beyond THE CNBC's or STARCUT's reasonable control. 12. General information The TOS and the relationship between you, THE CNBC ASIA and STARCUT shall be governed by the laws of Singapore. The failure of THE CNBC ASIA/.STARCUT to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision or part of a provision of the TOS is found by a court of competent jurisdiction to be invalid or unenforceable, then the remainder of the provision will be enforced so as to effect the intention of the parties, and the other provisions of the TOS remain in full force and effect. CNBC ASIA PACIFIC is a business of Business News (Asia) LLP(LL0501238C) is a limited liability partnership registered in Singapore whose registered office is at 10 Anson Road #06-01 International Plaza, Singapore 079903. Starcut Asia Pacific Pte Ltd is a company registered in Singapore whose registered office is at 3 International Business Park, 03-01 Nordic European Centre, Singapore 609927.