Hello, BBM community!

We are on a mission to provide exciting new services for the BBM community and have made a number of exciting updates over the last year. As part of our continuing efforts to enhance our Services, we have updated our BBM Terms (e.g., Privacy Policy, Terms of Service, Channel and Official Account Terms and Community Guidelines for all BBM users and providers of Services).

For the optimal BBM experience, please provide accurate, complete and true information about yourself to us and keep your information updated. Click here to update your personal information. This is very important, especially when you change your device, phone or phone number! Please take the necessary security measures to safeguard the data in your phone and device!

All views are welcome but please comply with our community guidelines and applicable laws. BBM should not be used for any abusive, derogatory, offensive, pornographic, defamatory, unauthorized or unlawful purpose.

If you reside in the EU/EEA, you may elect to instruct us not to collect any personal information about you by emailing support@bbmtek.com.

When we or our partners enhance our Services or release exciting products and services we may update you via SMS, e-mail and/or in-app notifications in BBM so that you can stay connected within the BBM community.

If you have any concerns regarding our updated BBM Terms, please email us at support@bbmtek.com. BBM is brought to you by Creative Media Works (CMW), used under licence from BlackBerry Limited.

BBM TERMS OF SERVICE

About these Terms of Service

Welcome to BBM! Please read these Terms of Service carefully as these Terms of Service govern your access and/or use of any of the Services offered by CMW Group or third parties.

By opening your BBM user account, visiting BBM website, accessing or using or providing any of the Services, you agree to be bound by these Terms of Service, and other policies and guidelines such as the Privacy Policy, Channel and Official Account Terms and Community Guidelines (click here) (collectively, the “BBM Agreement”).

CMW Group reserves the right to change the terms and conditions of the BBM Agreement at any time as it deems fit. Such modifications, variations or changes to the Terms of Service shall be effective upon the posting of an updated version at https://www.bbm.com/en/legal/terms-of-service.html and/or providing other forms of notification. You agree that it shall be your responsibility to review these Terms of Service regularly whereupon the continued use of the Services after any such changes, whether or not reviewed by you, shall constitute your consent and acceptance to such changes. If you do not agree to these Terms of Service, please do not access, use and/or provide any of the Services.

Definitions

In these Terms of Service, unless the context otherwise requires, the following expressions shall have the following meanings:

BBM Channels” or “Official Accounts” are a social networking feature provided as part of the Services that comprises of one or more Channels or Official Accounts, and amongst others, enables you to connect with people, communities, and brands that interest you, extending your network beyond your family and social circle.

BBM Contacts” means other users of the Services who have been added to the contact list associated with your user account and accessible on or through the Platform.

BBM Content” means Content displayed on, disclosed, provided or made available on or through the Platform.

BBM Discover” and “DANA” (Indonesia) are features provided as part of the Services that, amongst others, enables you to use Third Party Services.

"CMW" mean Creative Media Works Pte. Ltd. (Company Registration No. 201609444E) whose registered office is at 238B Thomson Road, #17-05/08, Novena Square, Singapore 307685 – http://www.bbm.com for further contact information.

Channels” or “Official Accounts” means the webpages or other landing pages on such part of the Platform created, registered for, managed and administered by individuals or companies or other entities in connection with brands, organizations, events or personalities.

CMW Group” means Creative Media Works Pte. Ltd. (Company Registration No. 201609444E) and its related corporations and affiliates.

Content” means information and/or any other material (including data, databases, text, graphics, photographs, animations, audio, music, video, links, software or other content) or arrangement of materials uploaded, stored, downloaded or shared through the Services.

Emergency Services” is defined in Section 9.

ID Accessible Services” is defined in Section 4.d.

Indemnitees” is defined in Section 7.b.

Losses” is defined in Section 7.b.

Marks” means the trademarks, service marks, trade names, icons and logos used and displayed on a Channel or Official Account, identifying the brand, organization, event or personality which is the subject matter of such Channel or Official Account.

Minimum Age” is defined in Section 1.

MoR” is defined in Section 8.a.

Paid Services” is defined in Section 5.b.

Part” is defined in Section 21.f.

Party” means You or CMW Group, and “ Parties” shall refer to both you and CMW Group.

Password” means the valid password that is used in conjunction with the relevant User ID to access or use the Services and/or Third Party Services.

Platform” means a software program known as “BBM” (or such other replacement name or additional name as may be prescribed by us from time to time) which, amongst others, allows you to chat and share Content in real-time with other users and groups of users, to create and publish Content to your own Channel or Official Account, follow Channels or Official Accounts and use Third Party Services through BBM Discover.

Prescribed Equipment” means the tablets and mobile devices prescribed by us that the Services and/or Third Party Services may be run or used on.

Services” means collectively: (i) the Platform; (ii) any of the BBM Content, features, services and functions made available on or through the Platform by or on behalf of CMW Group, including Third Party Services; and (iii) BBM website, email notifications, buttons, widgets, ads and commerce services.

Third Parties Act” is defined in Section 21.a.

Third Party Services” means the Content, features, services and functions which are made available on or through the Platform by persons or entities other than CMW Group.

Usage Rules” is defined in Section 3.c.

User ID” means the unique login identification name or code which identifies a user, and includes the phone number, email address, “BBM PIN”, “CUSTOM PIN”, and any other form of proprietary identification name or code, subject to BBM Privacy Policy, Channel and Official Account Terms and Community Guidelines, and other terms and conditions as may be required by CMW Group from time to time.

"You" means: (i) you as an individual if you are using or accessing the Services in your own personal capacity, or (ii) if you are using or accessing the Services on behalf of a company or other entity, you and such entity for whose benefit you are using or accessing the Services.

CMW GROUP IS COMMITTED TO MAINTAINING THE PRIVACY AND SECURITY OF PERSONAL INFORMATION. SEE THE PRIVACY POLICY AND SECTION 17 OF THESE TERMS OF SERVICE FOR INFORMATION ABOUT HOW CMW GROUP COLLECTS, USES, DISCLOSES, STORES, PROCESSES AND TRANSFERS PERSONAL INFORMATION.

THESE TERMS OF SERVICE CONTAINS PROVISIONS THAT LIMIT OR EXCLUDE CMW GROUP’S LIABILITY TO YOU AND THAT OTHERWISE IMPACT YOUR LEGAL RIGHTS. UNLESS OTHERWISE EXPRESSLY PROHIBITED BY ANY APPLICABLE LAWS AND/OR REGULATIONS, THESE TERMS OF SERVICE MAY AFFECT YOUR STATUTORY RIGHTS APPLICABLE IN YOUR JURISDICTION.

  1. ELIGIBILITY TO USE THE SERVICES AND/OR THIRD PARTY SERVICES

    Before using the Services, including obtaining a user account (including a User ID and Password), You agree and acknowledge that:

    1. You must at least be 13 years old (the “Minimum Age”); and where applicable, either (i) you are at least 18 years old or if law requires that you must be older in order for CMW Group to lawfully provide the Services to you without parental consent (including using of your personal data) then is at such older age; or (ii) you possess legal parental or guardian consent for you to access or use the Services and/or Third Party Services and such parent or guardian’s agreement to procure your compliance with these Terms of Service, be bound by these Terms of Service in his/her personal capacity as well on behalf of you, and take responsibility for your actions and any charges associated with your use of the Services, and be fully able and competent to enter into these Terms of Service.

    2. Without limiting the generality of the foregoing, the Services are not available for access or use to persons under the Minimum Age or such persons that are forbidden for any reason whatsoever to enter into a contractual relationship.

    3. Some portions of the Services, including the BBM Content, may be subject to additional age restrictions, and in such cases your access to or use of such portions of the Services may be limited.

    4. If you are entering into these Terms of Service on behalf of a company, organisation or other legal entity, you represent and warrant that you are authorised to do so.

    5. You also represent that to the best of your knowledge you: (i) have the right, authority and capacity to access or use the Services (including receiving any software that is provided by us as part of the Services) under applicable laws and regulations; (ii) are not located in a country that is subject to an embargo or sanction imposed, or as may be imposed from time to time, by the Indonesia Government, Singapore Government, U.S Government or Canadian Government, or that has been designated, or as may be designated from time to time, by any such Government as a "terrorist supporting" country; and (iii) are not a prohibited, restricted or sanctioned party designated, or as may be designated from time to time, by any such Government.

    6. If you are a business entity, you also represent that you are:

      1. duly authorised to do business in the country or countries where you operate; and

      2. your employees, officers, representatives, and other agents accessing the Services are duly authorised to access the Services and to legally bind you to these Terms of Service and all transaction conducted under your User ID and Password.

  2. RULES FOR USING THE SERVICES AND/OR THIRD PARTY SERVICES

    By agreeing to these Terms of Service, and without limiting Section 2.b and Section 14 below, you agree that, when using or accessing the Services:

    1. Your use of the Services is for your own sole, personal use. You undertake not to authorize others to use your identity or user status, and you may not assign or otherwise transfer your user account to any other person or entity;

    2. When using the Services, you agree to comply with all notices, guidelines and operating rules and policies pertaining to the use or access of the Services which we may issue from time to time, and in compliance with all applicable laws and regulations whether in your home nation or otherwise in the country, state and city in which you are present while using the Services;

    3. All information provided by or on behalf of you in the course of accessing or using the Services, including when creating a user account, is true, accurate, current and complete, and you agree to update such information to keep it true, accurate, and complete for so long as you continue to access or use the Services or user account or the user account referable to your User ID and Password. As certain services are currently offered only in select countries, changes in location (e.g., country) may result in your becoming ineligible for certain services;

    4. If you access or use BBM Channels or Official Accounts, you accept and/or comply with the additional terms and conditions of BBM Channel and Official Account Terms;

    5. If you access or use BBM Discover, you accept and/or comply with additional terms and conditions and privacy policies of Third Party Services you wish to access or use;

    6. You will cooperate with CMW Group, and provide information requested by CMW Group, to assist CMW Group or its designees in investigating or determining whether there has been a breach of these Terms of Service and provide CMW Group, its designees or appointed independent auditors with access to the premises and equipment where the Services are or have been used and to any associated records. In addition, you hereby authorise CMW Group to cooperate with: (i) law enforcement authorities in investigations (including the investigation of suspected criminal violations) or other regulatory authorities and other governmental agencies in investigations; (ii) third parties in investigating acts in violation of these Terms of Service; and (iii) system administrators of the relevant Internet service or mobile data service providers, networks or computing facilities in investigations. Such cooperation may include us disclosing your User ID, IP address, and other personal information, without giving prior notice to you.

    By agreeing to these Terms of Service, you agree and undertake NOT to:

    1. Knowingly take any action that interferes with, degrades or adversely affects the Services, or any software, hardware, system, network, BBM Content or Service used by any person in conjunction with the Services, or otherwise has a detrimental effect upon the CMW Group, Internet service or mobile data service providers, or any of the CMW Group or such service providers’ customers or infrastructure or products or services, or any action potentially having such detrimental effect, and you will immediately cease any such activity upon request by us or upon you becoming aware of your action having or potentially having such detrimental effect;

    2. Transmit, publish, post, upload, distribute, disseminate, communicate, display or otherwise make available any inappropriate, harassing, abusive, threatening, defamatory, libelous, slanderous, tortious, profane, obscene, unlawful, misleading, deceptive, offensive, indecent or otherwise objectionable Content (including but not limited to, for example, nudity, bestiality, pornography, offensive language, graphic violence, or criminal activity) or Content which infringes or misappropriates the intellectual property rights, or publicity other proprietary rights of another person or entity or Content that breaches BBM Community Guidelines;

    3. Use the Services, or any portion thereof for any unlawful purposes or in furtherance of illegal activities, including to commit, attempt to commit, facilitate or attempt to facilitate the commission of, any crime or other illegal or tortious acts (including but not limited to, for example, uploading, collecting, storing, publishing, posting, transmitting, distributing, disseminating, communicating, displaying or otherwise making available any Content that You do not have a right to upload, collect, store, publish, post, transmit, distribute, disseminate, communicate, display or otherwise make available);

    4. Upload, post, publish, transmit, distribute, disseminate, communicate, display or otherwise make available any Content that contains or may contain a virus or any other form of malicious, destructive or corrupting code, agent, program, macro or data that is likely or intended to have an adverse impact on, or provide unauthorized access to, the Services or any other software, hardware, services, content or data, and you shall promptly notify CMW Group if you become aware of the existence of any such Content;

    5. Sell, rent, lease, or transfer, or attempt to sell, rent, lease, or transfer, the Services, including any Content made available to you as part of the Services, or your entitlement to the Services or any part thereof, to any other person, without CMW Group’s prior express written permission or, where services or any Content is provided by someone other than CMW Group, without the prior express written permission of such provider;

    6. Attempt to gain unauthorised access to the Services, or any part thereof, or any services, accounts, computer systems or networks connected to or accessible through the Services, through hacking, password mining or any other means not intentionally made available by us and/or the relevant providers of the Third Party Services for your specific use, or obtain or attempt to obtain any Content through any means not intentionally made available to you by CMW Group and/or the relevant providers of the Third Party Services;

    7. Use the Services, or any portion thereof (including Content obtained therefrom) to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity, or to create a false identity to mislead others, including phishing and spoofing, or which results in an unexpected, deceptive or unfair experience by others;

    8. Use the Services for the purposes of developing, or assisting anyone in developing, a competitive product or service or for other competitive purposes, for the purposes of monitoring the availability, performance, or functionality of the Services, or for benchmarking purposes;

    9. Use any software, devices, scripts or other means to "scrape", "crawl" or "spider" any part of the Services and do not use bots or other automated methods to access the Services, invite contacts, send or redirect messages, or perform similar activities unless expressly permitted by us;

    10. Copy, sell, resell, assign, license, distribute, transmit, publicly display, rent, lease, transfer, lend, export, offer on a “pay-per-use” basis, publish or otherwise reproduce or make available; and/or alter, modify, adapt, create derivative works, translate, deface, decompile, disassemble, localise, port or reverse engineer (or otherwise attempt to convert any of the software into human readable form), the Services or any part thereof in any form by any means, or attempt to do so, or acquiesce, authorise or encourage any other party to do the same;

    11. Harvest or otherwise collect information about users, including email addresses, without their consent; or

    12. Distribute or post spam, unsolicited or bulk electronic communications, chain letters or pyramid schemes.

  3. YOUR CONTENT AND CONTENT PROVIDED BY CMW GROUP AND THIRD PARTIES
    1. Your Content. Many of CMW Group’s Services allow you to transmit, publish, post, upload, distribute, disseminate, communicate, display or otherwise make available your Content or receive material from others. CMW Group does not claim ownership of your Content. your Content remains your Content and you are hereby responsible for it.

    2. However, to the extent necessary to provide the Services to you and others, you grant to CMW Group a worldwide, perpetual, irrevocable, transferable, sub-licensable, royalty-free and non-exclusive license to host, transmit, use, store, copy, distribute, reproduce, modify, adapt, reformat, create derivative works of, publicly perform, and publicly display your Content, in connection with any of the following:

      1. the Services (including as is reasonable to provide and maintain the Services); and/or

      2. for the purposes of: (1) improving the Services and developing new features, service and functions; and/or (2) promoting BBM Channels or Official Accounts and/or other portions of the Services, any Content that you transmit, publish, upload, post, distribute, disseminate, communicate, display or otherwise make available on or through the Platform. By way of example, if you post Content to a Channel, the above license gives us permission to use, reproduce, distribute, modify, adapt, publicly perform and publicly display such Content within the applicable Channel. You warrant and covenant to us that you have the right to grant to us such licenses. You shall not submit any Content which infringes or may infringe the intellectual property rights or other proprietary rights of third parties.

    3. Your Right to Use Content. All intellectual property rights in BBM Content (other than the Content transmitted, published, posted, uploaded, distributed, disseminated, communicated, displayed or otherwise made available by you belong to CMW Group, unless otherwise indicated. Nothing in the Terms of Service gives you a right to use the BBM name or any of the BBM trademarks, logos, domain names, and other distinctive brand features. You may access such BBM Content solely for your personal or internal use and in accordance with these Terms of Service and the specific license terms and conditions applicable to such content ("Usage Rules"), if any, and provided that you retain and do not remove, obscure or destroy, all copyright, trade secret, proprietary or confidential legends or marking contained on such BBM Content. Usage Rules will be detailed in the documentation for the applicable portion of the Services, which you should familiarize yourself with and review from time to time as prospective changes may be made. Where the Services allow you to acquire the right to use certain content through in-app downloading or purchase, Usage Rules may be contained in the descriptions of the relevant content or presented as part of the download or purchase process. Unless expressly stated otherwise in the applicable Usage Rules, emoticons and similar content provided by us as part of or for use in conjunction with the Services may only be reproduced and distributed in conjunction with your use of the Services (e.g. adding emoticons to messages sent to your BBM Contacts) and may not otherwise be reproduced or distributed or used for commercial purposes. With respect to Content posted in Channels, please review Schedule 1 to these Terms of Service for additional terms.

    4. Possible Exposure to Offensive Content. We do not control the BBM Content or other Content that is transmitted, published, posted, uploaded, distributed, disseminated, communicated, displayed or otherwise made available to you by others in connection with your access to or use of the Services. You understand that by accessing or using the Services, you may be exposed to Content that is, or that you consider to be, inappropriate, harassing, abusive, threatening, defamatory, libellous, slanderous, tortious, profane, obscene, unlawful, misleading, deceptive, offensive, indecent or otherwise objectionable. CMW Group and its designees have the right (but not the obligation) in CMW Group’s and their sole discretion to pre-screen, refuse, take-down or remove from the Services, any Content transmitted, published, posted, uploaded, distributed, disseminated, communicated, displayed or otherwise made available by you or any third party. For example, CMW Group may filter or remove Content posted to Channels that CMW Group consider to be in violation of these Terms of Service. In addition to the general disclaimers in Section 15, CMW Group do not guarantee or provide any other similar assurance regarding the accuracy, integrity, or quality of, and are not liable for any such content.

    5. Controls and Adult Supervision. Portions of the Services or Third Party Services, or your device software may include settings that permit you to block or filter certain Content, services or persons. It is your responsibility to select and enable such settings to your desired preference. With respect to settings made available by CMW Group, CMW Group do not guarantee that such settings are error-free, will block all relevant Content, services or persons, or cannot be disabled or circumvented by third parties, including third parties who have access to the Services, Third Party Services or your device. If you allow your child to access or use the Services and/or Third Party Services, or any portion thereof, it is your responsibility to determine whether the Services, Third Party Services and/or Content is appropriate for your child, and you are fully responsible for your child's access thereto and use thereof, including all financial charges or other liability incurred in respect of such use or access.

    6. Volume and Storage Limitations. CMW Group may establish general practices and limits concerning access to or use of the Services, including the volume of Content that may be stored, the maximum period of time during which Content, including message/discussion postings, will be retained in connection with the Services (including retention using any cloud storage service), and/or the period of time during which You may continue to use or access any Content. You agree that CMW Group have no responsibility or liability whatsoever for the loss or deletion of, the unauthorized access to, or the failure to store, any Content and you should keep an alternative back-up copy of any Content for which retaining a copy is important for you.

    7. Feedback. CMW Group welcome your feedback regarding the Services, but CMW Group will need to be able to freely use such feedback to improve the Services. Therefore, by submitting your feedback and unless CMW Group otherwise agree with you in writing, you hereby agree that CMW Group own all feedback, comments, suggestions, ideas, concepts, changes or other information that You provide to us regarding the Services and all associated intellectual property rights. You hereby assign (including the present assignment of rights created in the future) to us all of your right, title and interest in and to such content (including derivatives thereof) throughout the world in perpetuity. You will not provide CMW Group any feedback that you know or reasonably believe to be subject to or infringes third party intellectual property rights or other proprietary rights. You agree to cooperate fully with CMW Group with respect to signing further documents and doing such other acts as are reasonably requested by us to confirm that CMW Group own the feedback and any derivatives thereof and to enable CMW Group to register, perfect, enforce and/or protect any associated intellectual property rights and/or confidential information.

  4. SECURITY, ACCOUNTS AND PASSWORDS
    1. If You request to create a user account with CMW Group, a User ID, Password and/or such other identifier(s), where applicable, may either be: (i) determined by and issued to you by CMW Group; or (ii) provided by you and accepted by CMW Group in its sole and absolute discretion in connection with the use of and/or access to the Services. CMW Group may at any time in its sole and absolute discretion forthwith invalidate the User ID, Password and/or such other identifier(s) without giving any reason or prior notice and shall not be liable or responsible for any loss or damage suffered by or caused to you or arising out of or in connection with or by reason of such invalidation.

    2. Use of Accounts and Passwords. You agree that any access to or use of the Services and/or Third Party Services and any making available of Content on or through the Platform, which are referable to the User ID and Password (as applicable) assigned to you shall be deemed to be: (i) access to or use of the Services and/or Third Party Services by you; and (ii) Content made available by you, and that you shall be bound by any access or use (whether such access or use is authorised by you or not) referable to such User ID and Password (as applicable) and be responsible for all activities that occur through your user account, including all financial charges or liability incurred in respect of such activities. CMW Group shall be entitled (but not obliged) to act upon, rely on or hold you solely responsible and liable in respect thereof as if the same were carried out or transmitted by you.

    3. Security. Where applicable, you agree to change your Password from time to time and to keep the User ID, Password and other identifier(s) confidential and shall be responsible for the security of your user account and liable for any disclosure or use (whether such use is authorised or not) of the User ID, Password and/or other identifier(s). If you become aware of any unauthorized use of all or any portion of your user account, including any User ID, Password and/or other identifier(s), you should contact BBM Customer Support promptly (contact information located at https://help.bbm.com/en/support/tickets/new). CMW Group may take such actions that it deems appropriate following receipt of such notification, but have no obligation to take any action to any frivolous reports and/or requests submitted. You agree that notifying CMW Group as set out above does not relieve you of responsibility for any activity that occurs through your user account.

    4. Accessing Other Services. Your user account credentials (including User ID and Password, as applicable) can also be used by you to access other products or services that utilize such user account credentials and that you are eligible to access ("ID Accessible Services"). Unless you and CMW Group agree to other terms and conditions governing your use of your user account credentials, including use in association with ID Accessible Services, you agree that the terms and conditions of these Terms of Service relating to user accounts also apply to the use of your user account credentials with ID Accessible Services; including without limitation, Sections 1, 2, 5, 8, 10, 11 to 19 and this Section 4.

  5. LICENSE TO USE THE SERVICES
    1. License. Subject to the terms and conditions of these Terms of Service and without prejudice to Section 3.c, CMW Group grant to you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Services on Prescribed Equipment (and not on any other hardware, machine or equipment), including any software provided by CMW Group as part of the Services, for your own internal or personal use. Portions of the Services may require you to obtain and use other software in order to access or use such portions of the Services and you are permitted to install and use such software on Prescribed Equipment for use in conjunction with the Services, or if expressly permitted by the usage rules governing the third party digital storefront (e.g. iTunes Store for iOS versions of the software) from which you acquired such software, the number of devices expressly permitted by such rules. The software is licensed and not sold under these Terms of Service. The trademarks, logos, and service marks displayed on or through the Platform are registered and unregistered trademarks, logos and service marks of CMW Group and where applicable, other third party proprietors identified on or through the Platform. No right or licence is given to you accessing or using the Services to download, reproduce or use any such trademarks, logos and service marks.

    2. Fees and Subscriptions. Fees may apply to some portions of the Services (such portions to be referred to as “Paid Services”) and your access to or use of the Paid Services is conditional upon payment of the applicable license fees. If you are acquiring a license to a Paid Service on a subscription basis or as part of a free trial, then the license set out in Section 5.a above with respect to such Paid Services is valid only for the time period for which you have paid the requisite subscription fees or for the time period authorised by CMW Group, as the case may be, you are not acquiring any proprietary rights in the software. Service charges may be charged by your Internet service or mobile data service provider in connection with your access to or use of the Services and/or Third Party Services, and you agree that as between you and CMW Group, you are responsible for all service charges incurred through such access or use. Your Internet service or mobile data service provider may limit which Services and/or Third Party Services are made available to you. If you wish to obtain information about your Internet service or mobile data service provider's service charges or limitations on which Services and/or Third Party Services are made available to you, please contact your Internet service or mobile data service provider.

    3. Updates and Upgrades. Upgrades or updates of the Services, including software, may be made available at CMW Group’s discretion from time to time. The software or the software application store that makes the software available for download may include functionality to automatically check for updates or upgrades to the software, and unless your device software permits you to preclude the transmission or use of upgrades or updates and you apply such settings, you hereby agree that CMW Group, or the applicable software application store, may (but are not obligated to) provide notice to you of the availability of such upgrades or updates and automatically push such upgrade or update to your device from time to time. You may be required to install certain upgrades or updates to the software in order to continue to access or use the Services, or portions thereof (including upgrades or updates designed to correct issues with the Services). Any updates or upgrades provided to you by CMW Group under these Terms of Service shall be considered part of the Services. For the avoidance of doubt, CMW Group shall not at any time be obliged to provide any adaptations, enhancements and/or modifications to the Services, including any updates, patches, bug-fixes and/or upgrades to the Platform or any new versions and/or releases of the Platform which incorporate new features or functions.

    4. Additional Terms of Service. You may be required to agree to additional terms or conditions prior to accessing or using certain portions of the Services and/or Third Party Services or when acquiring Content from within the Services (e.g. digital goods). In addition, to the extent that any third party component of the software provided by CMW Group is covered by additional terms and conditions that provide you with rights to use, copy, distribute or modify all or a part of such third party component that are broader than the rights granted to you under these Terms of Service for software (e.g. “open source” software), then, solely to the extent that you can exercise such broader rights without breaching the terms or conditions of these Terms of Service for the remainder of the software, you will obtain the benefit of such broader rights.

  6. THIRD PARTY PRODUCTS AND SERVICES
    1. Third Party Websites and/or Hyperlinks. The Services may, e.g. through BBM Discover, contain links to other websites or content that are owned or operated by third parties and are outside of the Platform or otherwise make available third party products and services (“Linked Sites”). Such Linked Sites are not under CMW Group’s control, and CMW Group is not liable for any errors, omissions, delays, defamation, libel, slander, falsehood, obscenity, pornography, profanity, inaccuracy or any other objectionable material contained in the contents, or the consequences of accessing, any linked website. The availability of the Linked Sites, including any information and materials contained on such Linked Sites, does not imply any endorsement or verification by CMW Group. You agree that your access to or use of the Linked Sites is entirely at your own risk and you will need to make your own independent judgment regarding your interaction with these Linked Sites.

    2. Advertising. CMW Group may attach banners, java applets and/or such other materials to the Platform for the purposes of advertising our or our Third Party Vendors’ products and/or services. For the avoidance of doubt, you shall not be entitled to receive any payment, fee and/or commission in respect of any such advertising or other promotional materials.

    3. P2P Payments. The Services may, e.g. through DANA services, allow you to make P2P Payments. DANA services are currently available only to senders and recipients who are residents of the Republic of Indonesia. All users of DANA agree to be bound by the Terms of Service and Conditions for the DANA Users (available at https://m.dana.id/wallet/view/agreement#terms-service).

    4. E-commerce/Purchase of Products and/or Services. The Services may, e.g. through BBM Discover, allow you to purchase certain products and/or services offered by the providers of Third Party Services. You agree to comply with any and all the guidelines, notices, operating rules and policies and instructions pertaining to the purchase of any products through the Platform (including but not limited to Coupons, products on Bukalapak and BBM Travel), as well as any amendments to the aforementioned, issued by CMW Group (as part of use of the Platform) and/or the providers of Third Party Services, from time to time. While the providers of Third Party Services endeavours to provide an accurate description of the Products, neither CMW Group nor the providers of Third Party Services warrants that such description is accurate, current or free from error.

    5. Cashback. Among the services offered by DANA is the opportunity to earn cashback on purchases made at CMW Group’s various merchant partners through the Platform. Creating and maintaining an account with DANA is required before you can start earning cashback. Crediting of cashback is also subject to the various terms, conditions and requirements, issued by CMW Group (as part of use of the Platform) and/or DANA (available at https://m.dana.id/wallet/view/agreement#terms-service), express or implied, associated with the crediting of cashback in general or terms, condition and requirements associated with the individual promotions that would be applicable. A failure to abide by any terms and conditions, any fraud or abuse relating to the accrual or receipt of cashback and/or other rewards, and/or any misrepresentation of any information furnished to CMW Group may result in your DANA and User ID accounts being flagged for suspicious activity and suspended or terminated and any cashback accumulated being forfeited.

    6. CMW GROUP ARE NOT RESPONSIBLE FOR OR LIABLE IN ANY WAY FOR ANY LOSS. DAMAGE, LIABILITY, CLAIM, COST OR EXPENSES (INCLUDING REASONABLE LAWYERS’ FEES AND COSTS) OF ANY SORT SUFFERED OR INCURRED IN RELATION TO OR AS A RESULT OF YOUR DEALINGS WITH SUCH THIRD PARTIES AND/OR THIRD PARTY SERVICES, WHETHER OR NOT THIS THIRD PARTY SERVICE WAS ENGAGED THROUGH BBM DISCOVER, AND WITHOUT LIMITING THE FOREGOING, UNLESS OTHERWISE EXPRESSLY PROHIBITED BY APPLICABLE LAWS AND/OR REGULATIONS, YOU SPECIFICALLY AGREE THAT CMW GROUP ARE NOT RESPONSIBLE OR LIABLE FOR, ANY VIRUSES, ANY ERRORS, DELAYS, OMISSIONS, INACCURACIES, FALSEHOODS, OR ANY INAPPROPRIATE, HARASSING, ABUSIVE, THREATENING, DEFAMATORY, LIBELLOUS, SLANDEROUS, PROFANE, OBSCENE, INDECENT, TORTIOUS, OFFENSIVE,UNLAWFUL, MISLEADING, DECEPTIVE, OFFENSIVE, INDECENT OR OTHERWISE OBJECTIONABLE THIRD PARTY CONTENT , OR ANY THIRD PARTY PRODUCT OR SERVICE THAT INFRINGES OR MISAPPROPRIATES THE INTELLECTUAL PROPERTY RIGHTS OR OTHER PROPRIETARY RIGHTS OF, COLLECTS, USES OR DISCLOSES PERSONAL DATA IN A MANNER WHICH IS NON-COMPLIANT WITH THE PERSONAL DATA PROTECTION ACT 2012 OF SINGAPORE OR OTHER SIMILAR LAWS, OR OTHERWISE VIOLATES THE PRIVACY OR PUBLICITY RIGHTS OF, YOU OR ANOTHER PERSON OR ENTITY. Your recourse in the event of any such claim with respect to any third party products or services, including third party content and Third Party Services, is solely against the relevant third party. In no event will any agreement between you and any third party be binding on us or impose upon CMW Group any additional obligations, or any obligations inconsistent with the terms and conditions of these Terms of Service.

  7. RESPONSIBILITY FOR YOUR ACCESS TO OR USE OF THE SERVICES AND/OR THIRD PARTY SERVICES
    1. While CMW Group make available Third Party Services, which may include services offered in BBM Discover, and Content that you transmit, publish, post, upload, distribute, disseminate, communicate, display or otherwise make available on or through the Platform, CMW Group neither endorse nor assume any responsibility or liability for such Content, features, services and functions, or for any actions taken in reliance thereon or use thereof, and the relevant providers (including you) are solely responsible therefor. You are also responsible for understanding and complying with any agreement you enter into with a third party with respect to such other website or content or third party products or services, including its privacy policy.

    2. If you are a company or other entity, You agree that you are responsible for, and agree to be bound by, the activities of your employees, agents and any other persons authorized or purporting to be authorized to access or use the Services and/or Third Party Services on your behalf. You agree to be responsible for, and to compensate, defend, indemnify and hold harmless CMW Group, and their respective officers, directors, employees, suppliers, successors, agents, representatives, assigns and independent contractors (collectively referred to as “Indemnitees”), for any damages, losses, liabilities, claims, costs or expenses (including reasonable lawyers' fees and costs) (“Losses”) suffered or incurred by them in relation to or arising from your access to or use of the Services and/or Third Party Services, including any breach by you of these Terms of Service or any addendum or additional terms that govern the use of the Services and/or Third Party Services, including any Losses arising from claims or proceedings brought by a third party. No remedy provided under this Section is intended to be, nor shall it be construed to be, exclusive of any other remedy provided to the Indemnitees under these Terms of Service or as allowed by law or in equity to the Indemnitees, and all such remedies shall be cumulative. If you fail to make any payment pursuant to the terms and conditions of any agreement entered between CMW Group and you (“Contract”), or payment is cancelled for any reason whatsoever, then without prejudice to any other right or remedy available to CMW Group, CMW Group shall be entitled to cancel/terminate the Contract and/or suspend delivery of the Services until payment is made in full.

  8. MODIFICATION OR DISCONTINUANCE OF THE SERVICES AND THIRD PARTY SERVICES
    1. Modification or Discontinuance of the Services and/or Third Party Services. You agree that CMW Group may, without liability to you, modify, suspend, discontinue, alter, remove, place limits on, or disable the Services and/or Third Party Services, or any portion thereof, at any time, temporarily or permanently, with or without notice to you; provided that, in the event of permanent discontinuation of a Service or Third Party Service, or a portion thereof for which you have paid a fee to be able to use such Service or Third Party Service, or such portion thereof, for a specific portion of time and you are not in breach of these Terms of Service, you may be entitled to a refund of all or a portion of the amount you paid for the right to use such Service or Third Party Service, or such portion thereof, pursuant to and in the manner set forth in the then current refund policy (if any) for such Service or Third Party Service, or such portion thereof, or the applicable terms (if any) of the merchant of record (“MoR”) or payment processor to whom you paid the fees. Such refund, if any, will be your exclusive entitlement and CMW Group’s, and the MoR's and payment processor's, sole liability to you in the event of such permanent discontinuation of a Service or Third Party Service, or a portion thereof.

    2. Maintenance. Without limiting the foregoing, CMW Group reserve the right to, and you agree that CMW Group may in its sole discretion, periodically suspend access to or use of the Services and/or Third Party Services, or any portion thereof, or otherwise take the Services and/or Third Party Services, or any portion thereof, out of operation, in order fix software bugs, install updates and do diagnosis and other maintenance of the Services and/or Third Party Services, or any portion thereof.

  9. EMERGENCY SERVICES

    The Services and/or Third Party Services are not interconnected with a public switched telephone network (PSTN), do not use telephone numbers to communicate with other devices, and are not designed or intended to be a replacement for your ordinary mobile or fixed line telephone, and you acknowledge that they are not able to be used to place calls to "911", "112", "999", "000" or other designated numbers intended to connect a user to public safety answering points or similar emergency services pursuant to local telecommunications laws ("Emergency Services"). Calls to Emergency Services are not processed through the Services and/or Third Party Services. You understand and agree that additional arrangements, separate from the Services and/or Third Party Services, must be made to access Emergency Services, and that CMW Group and their respective officers, directors, employees, agents and representatives shall have no responsibility or liability whatsoever for any personal injury, death or damages arising out of or in connection with the inability to access Emergency Services through the Services and/or Third Party Services.

  10. INTELLECTUAL PROPERTY

    Under these Terms of Service, you do not acquire any ownership right, title or interest in or to any intellectual property or other proprietary rights, including patents, designs, trademarks, copyright, database rights or rights in any confidential information or trade-secrets, in or relating to the Services, or any part thereof, including Content that is made available by CMW Group and their content / service providers as part of the Services. Any rights not expressly granted herein are expressly reserved. The Services are protected by Singapore, Indonesia, Canada, U.S. and international copyright and patent laws and international treaty provisions. There are severe penalties, both civil and criminal, for intellectual property infringement. You agree that nothing in these Terms of Service shall adversely affect any rights and recourse to any remedies, including to injunctive relief or such equivalent remedy in your jurisdiction, that we may have under any applicable laws and/or regulations relating to the protection of intellectual property or other proprietary rights.

  11. EXPORT, IMPORT AND USE RESTRICTIONS AND U.S. GOVERNMENT LICENSES

    The software provided by CMW Group as part of the Services may include cryptographic technology and you agree that it may not be exported, imported, used, transferred, or re-exported except in compliance with the applicable laws and regulations of the relevant government authorities. You hereby represent that you will not use the software in the development, production, handling, maintenance, storage, detection, identification or dissemination of chemical, biological or nuclear weapons or their missile delivery systems, or of materials or equipment that could be used in such weapons or their missile delivery systems, or resell or export to anyone or any entity involved in such activity. Notwithstanding any agreement with a third party or any provision of law, regulation or policy, if you are any agency of the government of the United States of America, then your rights in respect of the software shall not exceed the rights provided under these Terms of Service, unless expressly agreed upon by us in a written agreement between you and CMW Group and signed by CMW Group’s Chief Operating Officer or Chief Executive Officer.

  12. TERM

    This Agreement shall be effective upon your agreeing to be bound by the terms and conditions of these Terms of Service (as described in the preamble above) and shall continue in effect until terminated in accordance with Section 13.

  13. TERMINATION
    1. Termination by you. You may terminate these Terms of Service at any time by deleting your BBM account or in the manner prescribed by CMW Group from time to time. For more information on how you can delete your BBM account, please click here if you are using BBM for Android and here if you are using BBM for iOS/iPhone.

    2. Suspension or Termination by Us. In addition to any other rights or remedies CMW Group have under these Terms of Service, CMW Group may terminate or suspend these Terms of Service (which may involve us suspending or terminating your user account, deleting all files, programs, data, messages, content and other information associated with your user account, ceasing to provide you with access to or allow you to the use of any or all of the Services and/or Third Party Services, and terminating all rights (including the licenses) granted to you hereunder) promptly and without prior notice if: (i) CMW Group reasonably believe you have violated these Terms of Service, or any addendum or additional terms that govern the use of the Services and/or Third Party Services; (ii) you have failed to pay any amounts owing when due; (iii) your user account has not been used to access any of the Services during a period of six (6) consecutive months; (iv) CMW Group receives a report from government authorities that your user account has been hacked and/or used in violation of certain laws and regulations. Except as expressly provided herein, CMW Group shall not have any liability to you arising from or related to the suspension or termination of these Terms of Service, or any rights or licenses granted herein, in accordance with these Terms of Service. If you are a resident of the Republic of Indonesia, you hereby waive the provisions of Article 1266 of the Indonesian Civil Code to the extent that a court order or judgment shall not be required for the termination of these Terms of Service in accordance with its terms.

  14. EFFECT OF TERMINATION OR EXPIRATION

    Upon termination of these Terms of Service, howsoever caused, or if your subscription for Paid Services, or portion thereof, expires or is terminated: (a) you will immediately discontinue all use of the Services and Third Party Services, or in the case where these Terms of Service is not terminated but your right or license to use such Paid Services expires or is terminated, you will immediately discontinue all use of such Paid Services; and (b) CMW Group will have the right to block any transmission of data to and from the Services, Third Party Services or such Paid Services, without notice to you.

    Where these Terms of Service is terminated and without prejudice to other rights reserved to CMW Group (including in relation to volume and storage limitation), you authorise CMW Group to delete any files, programs, data, messages, content and other information associated with your user account, or applicable portion thereof, without notice to you. You will remain liable for all amounts due up to and including the effective date of termination or expiration in relation to such Paid Services, including amounts charged to your authorized mode of payment. In the event of the termination of these Terms of Service by us pursuant to provisions of these Terms of Service, you will pay to CMW Group all fees (including reasonable lawyers' fees and costs) and related expenses expended or incurred by us in the enforcement of CMW Group’s rights hereunder.

  15. WARRANTY; DISCLAIMER

    THE LAWS OF SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION OF LIABILITY OR THE EXCLUSION OF WARRANTIES, CONDITIONS, ENDORSEMENTS, GUARANTEES, ASSURANCES OR REPRESENTATIONS IN CONTRACTS WITH CONSUMERS AND TO THE EXTENT YOU ARE A CONSUMER THESE EXCLUSIONS MAY NOT APPLY TO YOU.

    1. Services. CMW Group do not make any promises or warranties about the Services and in particular do not warrant or provide any other similar assurance that:

      1. your use of the Services will be uninterrupted, secure, or error-free or continually be made available;

      2. the Services, including messages and other Content, sent by you or to you or stored by or on behalf of you, will be free from loss, corruption, attack, viruses or other malicious, destructive or corrupting code, agent, program, macro or data, interference, hacking, or other security intrusion, or will be accurate, transmitted in uncorrupted form, or transmitted within a reasonable period of time; or

      3. the Services will meet your requirements, including the accuracy, timeliness, adequacy or completeness of BBM Content.

    2. General Warranties.

      1. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. EXCEPT AS EXPRESSLY SET OUT HEREIN, UNLESS OTHERWISE EXPRESSLY PROHIBITED BY ANY APPLICABLE LAWS AND/OR REGULATIONS, ALL CONDITIONS, ENDORSEMENTS, GUARANTEES, ASSURANCES, REPRESENTATIONS, OR WARRANTIES OF ANY KIND, STATUTORY, EXPRESS OR IMPLIED, INCLUDING ANY CONDITIONS, ENDORSEMENTS, GUARANTEES, ASSURANCES, REPRESENTATIONS OR WARRANTIES OF DURABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, FREEDOM FROM VIRUSES OR OTHER MALICIOUS, DESTRUCTIVE OR CORRUPTING CODE, AGENT, PROGRAM, MACROS OR DATA, MERCHANTABILITY, MERCHANTABLE QUALITY, NON-INFRINGEMENT, SATISFACTORY QUALITY, OR TITLE, OR ARISING FROM A STATUTE OR CUSTOM OR A COURSE OF DEALING OR USAGE OF TRADE, AND ALL OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS, ENDORSEMENTS, ASSURANCES OR GUARANTEES OF ANY KIND, EITHER STATUTORY, EXPRESS OR IMPLIED, ARE HEREBY DISCLAIMED AND EXCLUDED.

      2. Unless otherwise expressly prohibited by any applicable laws and/or regulations, any implied warranties, endorsements, guarantees, assurances, representations, or conditions relating to the software that is provided by CMW Group as part of the Services, to the extent they are prohibited from being excluded as set out above by any applicable laws and/or regulations, are hereby limited to ninety (90) days from the date you first installed the software on your device which is a Prescribed Equipment.

      3. If you are a resident of the Republic of Indonesia, you hereby expressly waive any other applicable remedies that you may have under Indonesian law.

    3. Mission Critical Applications. THE SERVICES AND ANY PART THEREOF, ARE NOT SUITABLE FOR USE FOR MISSION CRITICAL APPLICATIONS OR IN HAZARDOUS ENVIRONMENTS OR ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS OR PERFORMANCE. WITHOUT LIMITING THE GENERAL DISCLAIMER OF DAMAGES IN SECTION 16.b, IN NO EVENT SHALL CMW GROUP BE LIABLE FOR ANY DAMAGES, LOSSES, LIABILITIES, CLAIMS, COSTS OR EXPENSES (INCLUDING REASONABLE LAWYERS' FEES AND COSTS) SUFFERED OR INCURRED IN RELATION TO OR RESULTING FROM YOUR USE OF THE SERVICES, OR ANY PART THEREOF, FOR MISSION CRITICAL APPLICATIONS OR IN HAZARDOUS ENVIRONMENTS OR ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS OR PERFORMANCE, WHETHER OR NOT SUCH DAMAGES, LOSSES, LIABILITIES, CLAIMS, COSTS OR EXPENSES WERE FORESEEN OR UNFORESEEN, AND EVEN IF CMW GROUP HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, LIABILITIES, CLAIMS, COSTS OR EXPENSES.

    4. Software Acquired from iTunes Store and/or Google Play. With respect to any software provided as part of the Services and acquired from the Apple iTunes Store and/or Google Play Store (for example, the Platform), in the event of any failure of the software to conform to any applicable warranty, you may notify the relevant Apple and/or Google entity and, in accordance with your agreement with such Apple and/or Google entity, such Apple and/or Google entity will refund the purchase price, if any, that you paid for your copy of the software, and such Apple and/or Google entity will have no other responsibility for any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any applicable warranty.

  16. LIMITATIONS OF LIABILITY

    SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CONSEQUENTIAL, INDIRECT, OR OTHER DAMAGES IN CONTRACTS WITH CONSUMERS AND TO THE EXTENT YOU ARE A CONSUMER THE LIMITATIONS OR EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU.

    1. UNLESS OTHERWISE EXPRESSLY PROHIBITED BY ANY APPLICABLE LAWS AND/OR REGULATIONS AND SUBJECT TO THE SPECIFIC REMEDIES SET OUT IN THIS AGREEMENT, IN NO EVENT SHALL CMW GROUP BE LIABLE FOR ANY OF THE FOLLOWING TYPES OF DAMAGES, LOSSES OR EXPENSES: CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, MORAL OR AGGRAVATED DAMAGES; DAMAGES FOR LOSS OF BUSINESS PROFITS OR REVENUES, FAILURE TO REALIZE ANY EXPECTED SAVINGS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF BUSINESS OPPORTUNITY; CORRUPTION OR LOSS OF DATA OR BREACHES OF DATA SECURITY, FAILURES TO TRANSMIT OR RECEIVE ANY DATA, PROBLEMS ASSOCIATED WITH ANY APPLICATIONS USED IN CONJUNCTION WITH THE SERVICES OR RESULTING FROM ANY ALTERATIONS OR ATTEMPTED ALTERATIONS TO THE SERVICES, OR ANY PORTION THEREOF, BY ANYONE; LOSS OF THE USE OF THE SERVICES OR ANY PORTION THEREOF OR OF ANY THIRD PARTY SERVICES OR ANY SERVICES, PRODUCTS, INFORMATION, DATA, SOFTWARE OR OTHER MATERIAL OBTAINED OR DOWNLOADED FROM THE PLATFORM OR LINKED WEBSITES OR FROM ANY OTHER THIRD PARTIES;DOWNTIME COSTS, COST OF SUBSTITUTE GOODS; COSTS OF COVER, FACILITIES, OR SERVICES; COST OF CAPITAL, OR OTHER SIMILAR PECUNIARY LOSSES, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICES DIRECTLY OR INDIRECTLY, INCLUDING THE USE, INABILITY TO USE, THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES, WHETHER OR NOT SUCH DAMAGES, LOSSES OR EXPENSES WERE FORESEEN OR UNFORESEEN, AND EVEN IF CMW GROUP HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. In no event shall CMW Group be liable to you, or any other party, for any Losses suffered or incurred by you in relation to or arising from:(i) your use, access, download or installation of, or the inability to use, access, download or install, the Services or Third Party Services (including any financial charges or other liability incurred in connection therewith); and/or (ii) sales, customs and/or import or export taxes.

    2. Unless otherwise expressly prohibited by any applicable laws and/or regulations, in no event shall CMW Group’s liability to you for a single incident arising under these Terms of Service exceed the greater of: (i) the amount paid by you for the Services in the three (3) months preceding the incident; and (ii) five (5) United States dollars. In no event shall CMW Group’s aggregate liability to you under these Terms of Service exceed the greater of: (i) the amount paid by you for the Services provided hereunder in the twelve (12) months preceding the applicable incident; and (ii) five (5) United States dollars.

    3. Unless otherwise expressly prohibited by any applicable laws and/or regulations, to the extent CMW Group are liable to you hereunder, CMW Group shall only be liable for damages incurred during the period of such failure, delay, or non-performance of the Services.

    4. Nothing in this Section limits CMW Group’s liability to you in the event of death or bodily injury to the extent resulting directly from CMW Group’s negligence; provided that any damages payable by us shall be reduced to the extent of your or another's contribution.

    5. UNLESS OTHERWISE EXPRESSLY PROHIBITED BY ANY APPLICABLE LAWS AND/OR REGULATIONS, EACH PARTY SHALL BE LIABLE TO THE OTHER ONLY AS EXPRESSLY PROVIDED IN THIS AGREEMENT AND SHALL HAVE NO OTHER OBLIGATION, DUTY, OR LIABILITY WHATSOEVER WHETHER IN CONTRACT OR TORT OR UNDER STATUTE OR OTHERWISE.

    6. UNLESS OTHERWISE EXPRESSLY PROHIBITED BY ANY APPLICABLE LAWS AND/OR REGULATIONS, THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS AGREEMENT SHALL: (i) APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR ACTION BY YOU INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, TORT, STRICT LIABILITY, STATUTE, BREACH OF CONTRACT, OR ANY OTHER LEGAL THEORY; (ii) SURVIVE A FUNDAMENTAL BREACH OR BREACHES OR THE FAILURE OF THE ESSENTIAL PURPOSE OF THIS AGREEMENT OR OF ANY REMEDY CONTAINED HEREIN; (iii) NOT APPLY TO MISAPPROPRIATION OR INFRINGEMENT BY YOU OF CMW GROUP’S INTELLECTUAL PROPERTY OR A BREACH OF THE SECTIONS OF THIS AGREEMENT ENTITLED: "RULES FOR USING THE SERVICES AND/OR THIRD PARTY SERVICES" (SECTION 2), "LICENSE TO USE THE SERVICES" (SECTION 5), "INTELLECTUAL PROPERTY" (SECTION 10), AND "EXPORT, IMPORT AND USE RESTRICTIONS AND U.S. GOVERNMENT LICENSES" (SECTION 11); AND (iv) APPLY IN THE AGGREGATE, TO CMW GROUP, AND THEIR SUCCESSORS, ASSIGNS, OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS, AGENTS, REPRESENTATIVES AND INDEPENDENT CONTRACTORS.

    7. IN NO EVENT SHALL ANY OFFICER, DIRECTOR, EMPLOYEE, AGENT, REPRESENTATIVE, SUPPLIER, OR INDEPENDENT CONTRACTOR (EXCEPT AS SET OUT ABOVE) OF ANY OF CMW GROUP, HAVE ANY LIABILITY ARISING FROM OR RELATED TO THIS AGREEMENT.

    8. YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS SET FORTH IN THIS AGREEMENT CONSTITUTE AN ESSENTIAL ELEMENT OF THE AGREEMENT BETWEEN THE PARTIES AND THAT IN THE ABSENCE OF SUCH DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS: (i) THE FEES AND OTHER TERMS IN THIS AGREEMENT WOULD BE SUBSTANTIALLY DIFFERENT; AND (ii) CMW GROUP’S ABILITY TO OFFER AND YOUR ABILITY TO USE THE SERVICES UNDER THIS AGREEMENT AND/OR CMW GROUP’S ABILITY TO MAKE THIRD PARTY SERVICES AND CONTENT ACCESSIBLE THROUGH THE SERVICES WOULD BE IMPACTED.

  17. USER DATA

    You consent and agree that CMW Group may collect, use, access, preserve, disclose and/or process your data, including personal information, contents of your communication, or information about your use of the Services, Third Party Services and the services or software and hardware utilized in conjunction with such Services and Third Party Services (including the installation and/or use of software, or associated Internet service or mobile data services, or the creation of a User ID), where available to CMW Group, to third parties, including foreign or domestic government entities, without providing prior notice to you in order to: (i) comply with legal process or enforceable governmental request, or as otherwise required by law; (ii) cooperate with third parties in investigating acts in violation of these Terms of Service; or (iii) cooperate with system administrators of the relevant Internet service or mobile data service providers, networks or computing facilities in investigations. Where you disclose personal information of third parties to CMW Group, You represent and warrant that you are authorised to provide such personal information to us and that you have obtained all prior consents necessary under applicable laws and regulations to disclose such personal information to CMW Group and for CMW Group to collect, use, access, preserve, disclose and/or process such personal information in accordance with these Terms of Service and the Privacy Policy, and for the relevant purpose(s) for which you made the disclosure or as was notified to you at the relevant time.

  18. ASSIGNMENT AND DELEGATION

    CMW Group may assign its rights under these Terms of Service to any third party without prior notice to you. You shall not assign these Terms of Service in whole or in part without CMW Group’s prior written consent (such consent may be withheld or conditioned at CMW Group’s discretion) and any assignment without CMW Group’s prior written consent shall be null and void and of no effect. CMW Group may perform all obligations to be performed under these Terms of Service directly or may have some or all obligations performed by CMW Group’s contractors or subcontractors.

  19. NOTICES

    Except as otherwise provided in these Terms of Service, all notices or other communications hereunder shall be deemed to have been duly given when made in writing and delivered in person or by courier or deposited in the mail, postage prepaid, registered mail or its equivalent, return receipt requested, and addressed to you at the address supplied to CMW Group by you, or addressed to below (in the case of CMW Group).

    Legal & Regulatory

    E-mail: legal@bbmtek.com
    c/o Creative Media Works Pte. Ltd.
    238B, Thomson Road #17-05/08
    Novena Square
    Singapore 307685

    With a copy to:

    c/o Creative Media Works Pte. Ltd.
    SCTV Tower, 14th Floor,
    Senayan City,
    Jl. Asia Afrika Lot 19,
    Jakarta 1020, Indonesia

    In addition to the foregoing, CMW Group may, at CMW Group’s option, give you any notice under these Terms of Service electronically. Electronic notice to you shall be deemed to have been duly given when transmitted to an email address furnished by you to CMW Group or in the manner CMW Group may prescribe from time to time.

  20. FORCE MAJEURE

    Notwithstanding any other provision of these Terms of Service, neither Party shall be deemed in default of these Terms of Service for failure to fulfil its obligations when due to causes beyond its reasonable control. This provision shall not be construed as excusing non-performance of any obligation by either Party to make payment to the other Party under these Terms of Service.

  21. GENERAL
    1. Third Party Beneficiaries. CMW Group and their respective directors, officers, employees, agents and representatives are intended third party beneficiaries for the purpose of the Sections of these Terms of Service entitled, “Your Content and Content Provided by CMW Group and Third Parties” (Section 3), "Responsibility for your Access to or Use of The Services and/or Third Party Services" (Section 7), "Emergency Services" (Section 9), "Warranty; Disclaimer" (Section 15) and "Limitations of Liability" (Section 16), as if each was a party to these Terms of Service, in accordance with this Section and the provisions of the Contracts (Rights of Third Parties) Act of Singapore or other similar laws (the "Third Parties Act"). Except as otherwise specifically stated in these Terms of Service, any person or entity who is not a party to these Terms of Service has no rights under these Terms of Service or the Third Parties Act to enforce any term of these Terms of Service, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, this shall not affect the rights of any permitted assignee or transferee of these Terms of Service.

    2. Cumulative Rights and Remedies. Unless otherwise provided under these Terms of Service, the provisions of these Terms of Service and our rights and remedies under these Terms of Service are cumulative and are without prejudice and in addition to any rights or remedies CMW Group may have in law or in equity, and no exercise by us of any one right or remedy under these Terms of Service, or at law or in equity, shall (save to the extent, if any, provided expressly in these Terms of Service or at law or in equity) operate so as to hinder or prevent our exercise of any other such right or remedy as at law or in equity. CMW Group may seek immediate injunctive relief if it makes a good faith determination that a breach or non-performance is such that a temporary restraining order or other immediate injunctive relief is the only appropriate or adequate remedy.

    3. Waivers of Default. No Party is to be deemed to have waived or forfeited any right under these Terms of Service, whether on the basis of failure, delay or any other legal or equitable doctrine, unless such waiver is made in writing signed by an authorised signatory of the Party against whom the waiver is sought to be enforced. Waiver of any provision, or any breach of any provision, of these Terms of Service in one instance shall not constitute a waiver as to any other instance.

    4. Survival. The terms, conditions and warranties contained in these Terms of Service that by their sense and context are intended to survive the performance hereof shall so survive the completion of performance, cancellation, expiration or termination of these Terms of Service, including, Section3.a and 7.

    5. Governing Law and Dispute Resolution. THIS AGREEMENT IS TO BE GOVERNED BY AND CONSTRUED UNDER THE LAWS OF THE REPUBLIC OF SINGAPORE, EXCLUDING ANY BODY OF LAW GOVERNING CONFLICTS OF LAW. The Parties agree that the United Nations Convention on Contracts for the International Sale of Goods is hereby excluded in its entirety from application to these Terms of Service.

      The Parties hereby submit to the exclusive jurisdiction of the Singapore courts. No dispute between the Parties, or involving any person but you, may be joined or combined together, without CMW Group’s prior written consent. Nothing in the foregoing shall prevent either Party from seeking injunctive or other legal or equitable relief in any court of competent jurisdiction for any breach of these Terms of Service (including your breach, misappropriation or other infringement of our confidential information, intellectual property or other proprietary rights), or to preserve the Parties’ respective rights, or in aid of any court proceedings.

    6. Severability. To the extent any section, clause, provision or sentence or part thereof ("Part") of these Terms of Service is determined to be illegal, invalid or unenforceable by a competent authority in any jurisdiction, then such determination of that Part will not affect: (i) the legality, validity or enforceability of the remaining Parts of these Terms of Service; or (ii) the legality, validity or enforceability of that Part in any other jurisdiction, and that Part will be limited if possible and only thereafter severed, if necessary, to the extent required to render the Agreement valid and enforceable.

    7. Language. If these Terms of Service is translated into a language other than English, the English version will prevail to the extent that there is any conflict or discrepancy in meaning between the English version and any translation thereof. Unless, and only to the extent prohibited by law in your jurisdiction, any and all disagreements, disputes, mediation, arbitration or litigation relating to these Terms of Service shall be conducted in the English language, including any correspondence, discovery, submissions, filings, pleadings, oral pleadings, arguments, oral arguments and orders or judgments.

    8. Entire Agreement. This Agreement (which for the purposes of any addenda hereto, shall in relation to the subject matter of that addenda, include the terms of the addenda), constitutes the entire agreement between the Parties with respect to the subject matter hereof and there are no provisions, understandings, communications, representations, warranties, undertakings, collateral agreements or agreements between the Parties relating to the Services other than as set out in these Terms of Service. Notwithstanding the foregoing, other agreements between the Parties may govern the use of certain portions of the Services. This Agreement supersedes any prior or contemporaneous provisions, understandings, communications, representations, warranties, undertakings, collateral agreements and agreements between the Parties, whether oral or written, with respect to the subject matter hereof, and you acknowledge that you have not relied on any of the foregoing in agreeing to enter into these Terms of Service.

    9. Modifications to Agreement. Except to the extent that CMW Group are expressly precluded by applicable law or by a written agreement between you and CMW Group, CMW Group reserve the right to, within CMW Group’s sole discretion, make changes to these Terms of Service on a prospective basis, including to reflect changes in or required by law, new features, or changes in business practices. The most current version of these Terms of Service will be posted at https://www.bbm.com/en/legal/terms-of-service.html and you should regularly review that site for the most current version of these Terms of Service.

      If the changes include material changes to these Terms of Service that affect your rights or obligations, CMW Group will provide you with notice of the changes by providing you with notice using reasonable means of providing notice, which could include any of the following: electronically (as contemplated by the Notice provision above); by posting notice of the change to any of CMW Group’s Channels; by sending you or posting notice within the Services, or by posting notice of the change at https://www.bbm.com/en/legal/terms-of-service.html.

      If you continue to use the Services or Third Party Services after the changes become effective (as noted on https://www.bbm.com/en/legal/terms-of-service.html or in any other notice provided to you), then You shall be deemed to have accepted those changes. Additionally, when CMW Group update or upgrade the Services, you may be required to agree to the most current version of these Terms of Service in the course of accessing the updated or upgraded Services. Without prejudice to the generality of Section 21.a above, CMW Group’s rights to rescind or modify these Terms of Service in the manner aforesaid may be exercised without the consent of any person or entity who is not a party to these Terms of Service.

    10. Extended Meanings. The term "includes" or "such as" shall be construed as meaning "includes without limitation" and "such as without limitation", as the case may be.