1.1.
These Terms of Use govern your access to and use of our
services, including the application (whether as software or
as a website or otherwise), its contents, push notifications
and all other accompanying materials as identified in the
Schedule below (collectively, the
"Service”).
1.2.
This Service is provided to you by the Government Technology
Agency ("Govtech”). GovTech’s office is
located at 10 Pasir Panjang Road, #10-01, Mapletree Business
City, Singapore 117438.
1.3
By accessing or using any part of this Service, you
unconditionally agree and accept to be legally bound by
these Terms of Use and any amendments thereto from time to
time. GovTech reserves the right to change these Terms of
Use at its sole discretion and at any time.
You should read the Terms of Use carefully each time you
access or use any part of this Service as such access or
use will constitute your agreement to the Terms of Use and
any amendments to it.
1.4.
If you do not agree to these Terms of Use, please do not
use this Service or any part of this Service.
1.5.
If you are accessing or using the Service for and on behalf
of another entity (such as your employer), you warrant and
represent that you have the necessary authority to bind such
entity to these Terms of Use.
2.
Nature of this Service
Please see the Schedule for more information and terms
concerning this Service.
3.
Licence Terms and Restrictions
3.1
The Service, including the materials made available on or
through the Service, is owned by, licensed to, managed or
controlled by GovTech. Please see clause 4 (Third Party
Materials) for more information.
3.2
Subject to these Terms of Use, GovTech grants to you a
non-exclusive, revocable, and non-transferable right to
access and use the Service for personal or internal purposes
only, and only for such use permitted by the functions of
the Service and intended by GovTech. You shall not, amongst
other things, benchmark, reproduce, modify,
reverse-engineer, decompile, adapt, publish, redistribute or
sublicense the Service or any part of the Service without
the prior written consent of GovTech or the respective third
party owners. You also shall not use the Service in
violation of any applicable laws or agreements that you have
with any third parties. All express or implied rights to the
Service not specifically granted herein are expressly
reserved to GovTech.
3.3
GovTech reserves the right to:
3.3.1.
Update or modify this Service from time to time;
3.3.2
Deny or restrict access to or use of the Service by any
particular person without ascribing any reasons
whatsoever; and
3.3.3
Discontinue or terminate this Service at any time without
notice or liability to you whatsoever, whereupon all
rights granted to you hereunder shall also terminate
forthwith. You shall further upon notice from GovTech
return or destroy all copies of the Service or materials
therein that you may have downloaded.
3.4
You will not interfere or attempt to interfere with the
proper working of the Service or otherwise do anything that
imposes an unreasonable or disproportionately large load on
GovTech’s servers.
3A.
Account Access and Security
3A.1
You are solely responsible for maintaining the
confidentiality and security of any authentication
credentials associated with your use of the Service,
including the security of any of your devices which store
the authentication credentials.
3A.2
GovTech shall be entitled, but not obliged, to verify the
identity of the person using the Service. Without prejudice
to the foregoing, GovTech is not under any duty to verify
that any biometric identifier used with the Service, or on
your device, belongs to you.
3A.3
GovTech shall have the sole and absolute discretion to
invalidate any authentication credentials at any time, or
require you to have to re-authenticate or refresh your
authentication credentials at any time, without having to
give any reason for the same.
3A.4
GovTech shall be entitled, but not obliged, to act upon or
rely on any instructions, information, transmissions of
data, or communications received from the account or use of
the Service in relation to your authentication credentials,
as if such instructions, information, data or communications
were issued by you, whether or not the same was authorized
by you.
3A.5
For the avoidance of doubt, you are solely responsible for
any loss of whatever nature arising from unauthorized or
unofficial modifications made to your device which permit or
escalate privileged access, or remove restrictions to such
access, which are not intended by the manufacturer or
provider of your device or operating system of your device
(e.g., “rooting” or “jailbreaking” your mobile phone).
4.1
The Service may require, enable or facilitate access to or
use of software or services of a third party (“Third Party Terms”). In such an event, there may be terms of use of the
third party software or service (the “Third Party Terms”). GovTech may be required under or as a result of the
Third Party Terms to notify you of certain terms that apply
to you (either directly as an end user, or as a party whose
acts or omissions could cause GovTech to breach the Third
Party Terms) when you use the Services. An example of Third
Party Terms may be open source software terms or standard
form terms of the distribution platform from which you
obtain any part of the Service (e.g. Google Play Store or
Apple App Store terms) which bind GovTech as a developer or
user of the distribution platform (the “Distribution Terms”). Information on the Third Party Terms are embedded in
the Service, already accounted for in these Terms of Use,
publicly available (e.g the Distribution Terms) or otherwise
listed in the Schedule herein. For the avoidance of doubt,
insofar as this Clause 4 relates to the Distribution Terms,
the relevant Distribution Terms are the terms of the
specific platform from which you obtained a copy of the
software or application that is part of the Service. For
example, if you obtained the said copy from the Google Play
Store, then the relevant terms are Google’s Distribution
Terms.
4.2
It is your responsibility to check and read the most
up-to-date versions of these Third Party Terms and you are
deemed to have notice of the same.
In particular, you are deemed to have notice of the Third
Party Terms that GovTech (under the Third Party Terms) is
required to notify you, and you unconditionally agree to be
bound by all the obligations in the Third Party Terms which
are applicable to you as the end user. For the avoidance of
doubt, where Third Party Terms are listed, such Third Party
Terms shall be deemed to include any privacy policies and
acceptable use policies as are applicable to you.
4.3
If the Third Party Terms require you to enter into an
agreement directly with the Third Party, then you
unconditionally agree to enter into such agreement, and in
any event, to be legally bound by the Third Party Terms. For
the avoidance of doubt:
4.3.1.
some Third Party Terms (particularly open-source terms)
permit either a direct licence to you from the Third Party
or a sublicence from GovTech to you. In such cases, your
licence is a direct licence from the Third Party to you;
and
4.3.2
the terms of your agreement with the Third Party will
govern your use of the relevant third party software or
service, and not these Terms of Use.
4.4
If the Third Party Terms expressly or impliedly require
GovTech to incorporate certain terms in these Terms of Use
(inclusive of terms which impose any minimum or maximum
standards herein, and/or terms described in Clause 4.5
below), such terms are deemed to have been so incorporated
(the “Incorporated Terms”). Examples of
Incorporated Terms include provisions which require GovTech
to give you notice of certain rights and liabilities or
require GovTech to ensure that you acknowledge certain
matters. Similarly, if the Third Party Terms expressly or
impliedly require these Terms of Use to be altered such that
the Third Party Terms are complied with, the parties herein
agree that the Terms of Use shall be deemed to be so altered
but only to the extent necessary for compliance.
4.5
Some Third Party Terms grant the Third Party, or require
GovTech to grant the Third Party, direct rights of
enforcement of these Terms of Use as a third party
beneficiary, against you. Such Third Party Terms are deemed
to have been incorporated into these Terms of Use as
Incorporated Terms, and you hereby agree to grant such Third
Party, such direct rights of enforcement against you.
4.5
For the avoidance of doubt, without prejudice to Clause 4.4,
to the extent of any inconsistency between these Terms of
Use and the Third Party Terms, the latter shall prevail
provided nothing in the Third Party Terms increases the
liability of GovTech beyond that stated in Clause 6.
5
Your Consent to Access Functions of Your Device
5A.
Ownership of Feedback/Requests/Suggestions
You agree that all title and interest in any feedback,
requests or suggestions from you concerning the Services
shall be owned by GovTech.
5B.1
If you receive information or data (in whatever form) from
GovTech or a Third Party which is designated confidential or
proprietary or is otherwise reasonably understood to be
confidential or proprietary (collectively, “Confidential Information”), you shall not use, disclose or reproduce the
Confidential Information except for the purpose for which it
was provided to you. If consent to disclose the Confidential
Information to a third party is given by GovTech or the
Third Party to you, any act or omission in respect of the
Confidential Information by that person shall be deemed to
be your act or omission and you agree to be fully liable for
the same. In all cases, you shall protect the Confidential
Information to the same extent you protect your own
confidential information but in no event less than a
reasonable standard of care. You shall ensure that any
recipients are bound by confidentiality terms at least as
restrictive as this Clause.
5B.2
You shall destroy any Confidential Information immediately
upon request by GovTech or the Third Party.
5B.3.1
you are, or likely to be, required by an order of court to
disclose Confidential Information; or
5B.3.2
you have reasonable grounds to suspect the unauthorised
use or disclosure or reproduction of Confidential
Information;
you shall immediately notify GovTech or the Third Party of the
same and cooperate with GovTech or the Third Party to prevent
or limit such disclosure.
5B.4
Nothing in this Clause 5B shall prejudice GovTech’s or the
Third Party’s other rights at law.
6.
Disclaimers and Indemnity
6.1
The Service is provided on an "as is" and “as available”
basis without warranties of any kind. To the fullest
extent permitted by law, GovTech does not make any
representations or warranties of any kind whatsoever in
relation to the Service and hereby disclaims all express,
implied and/or statutory warranties of any kind to you or
any third party, whether arising from usage or custom or
trade or by operation of law or otherwise, including but
not limited to any representations or warranties:
6.1.1
as to the accuracy, completeness, correctness,
currency, timeliness, reliability, availability,
interoperability, security, non-infringement, title,
merchantability, quality or fitness for any particular
purpose of the Service; and/or
6.1.2
that the Service or any functions associated therewith
will be uninterrupted or error-free, or that defects
will be corrected or that this Service, website and the
server are and will be free of all viruses and/or other
malicious, destructive or corrupting code, programme or
macro.
6.2
GovTech shall also not be liable to you or any third party
for any damage or loss of any kind whatsoever and
howsoever caused, including but not limited to any direct
or indirect, special or consequential damages, loss of
income, revenue or profits, lost or damaged data, or
damage to your computer, software or any other property,
whether arising directly or indirectly from –
6.2.1
your access to or use of this Service, or any part
thereof;
6.2.2
any loss of access or use of this Service or any part
of this Service, howsoever caused;
6.2.3
any inaccuracy or incompleteness in, or errors or
omissions in the transmission of, the Service;
6.2.4
any delay or interruption in the transmission of the
Service, whether caused by delay or interruption in
transmission over the internet or otherwise; or
6.2.5
any decision made or action taken by you or any third
party in reliance upon the Service,
regardless of whether GovTech has been advised of the
possibility of such damage or loss.
6.3
Without prejudice and in addition to the foregoing,
insofar as the Service facilitates or requires the
provision, use or functioning of, or is provided in
conjunction with, other products, software, materials
and/or services not provided by GovTech, GovTech makes no
representation or warranty in relation to such products,
software, materials and/or services (including without
limitation any representation or warranties as to
timeliness, reliability, availability, interoperability,
quality, fitness for purpose, non-infringement,
suitability or accuracy).
6.4
You shall not rely on any part of the Service to claim or
assert any form of legitimate expectation against GovTech,
whether or not arising out of or in connection with
GovTech’s roles and functions as a public authority.
6.5
You agree to defend and indemnify and keep GovTech and its
officers, employees, agents and contractors harmless against
all liabilities, losses, damages, costs or expenses
(including legal costs on an indemnity basis) howsoever
arising out of or in connection with your access or use of
the Service (including third party software or services) or
your non-compliance with the Terms of Use, Third Party Terms
or Incorporated Terms, whether or not you had been advised
or informed of the nature or extent of such liabilities,
losses, damages, costs or expenses. You warrant and
represent that your access or use of the Service does not
and will not breach or violate any laws, regulations, trade,
economic and/or export sanctions (wherever in the world)
applicable to you, and that you shall not transmit any
malicious code, illegal, infringing or undesirable content
or materials to GovTech or its agents or any Third Party.
7.1
Insofar as the Service provides a hyperlink to material not
maintained or controlled by GovTech, GovTech shall not be
responsible for the content of the hyperlinked material and
shall not be liable for any damages or loss arising from
access to the hyperlinked material. Use of the hyperlinks
and access to such hyperlinked materials are entirely at
your own risk. The hyperlinks are provided merely as a
convenience to you and do not imply endorsement by,
association or affiliation with GovTech of the contents of
or provider of the hyperlinked materials.
7.3
GovTech reserves all rights:
7.3.1
to disable any links to, or frames of, any materials which
are unauthorised (including without limitation materials
which imply endorsement by or association or affiliation
with GovTech, materials containing inappropriate, profane,
defamatory, infringing, obscene, indecent or unlawful
topics, names, or information that violates any written
law, any applicable intellectual property, proprietary,
privacy or publicity rights); and
7.3.2
to disclaim responsibility and/or liability for materials
that link to or frame any part of the Service.
You also agree to the terms of the Privacy Policy for this
Service as may be amended from time to time. The Privacy
Policy will form part of these Terms of Use.
9.
Rights of Third Parties
Subject to the rights of the Third Party, a person who is
not a party to this Terms of Use shall have no right under
the Contract (Rights of Third Parties) Act or otherwise to
enforce any of its terms.
10.1
You may not assign or sub-contract this Terms of Use without
the prior written consent of GovTech.
10.2
GovTech may assign, novate, transfer, or sub-contract the
rights and liabilities in respect of the Service and this
Terms of Use, without notifying you and without further
reference to you. Your acceptance of this Terms of Use shall
also constitute your consent to such assignment, novation,
transfer or sub-contract.
If any term of these Terms of Use is held by a court or
tribunal of competent jurisdiction to be invalid or
unenforceable, then these Terms of Use, including all of the
remaining terms, will remain in full force and effect as if
such invalid or unenforceable term had never been included
but, to the extent permissible, such invalid or
unenforceable terms shall be deemed to have been replaced by
terms that are (a) valid and enforceable and (b) express the
intention or produce the result closest to the original
intention of the invalid or unenforceable terms.
11.
Governing Law and Dispute Resolution
11.1
These Terms of Use shall be governed by and construed in
accordance with laws of Singapore.
11.2
Subject to clause 11.3, any dispute arising out of or in
connection with these Terms of Use, including any question
regarding its existence, validity or termination, shall be
referred to and finally resolved in the Courts of the
Republic of Singapore and the parties hereby submit to the
exclusive jurisdiction of the Courts of the Republic of
Singapore.
11.3
GovTech may, at its sole discretion, refer any dispute
referred to in clause 11.2 above to arbitration administered
by the Singapore International Arbitration Centre
(“SIAC”) in Singapore in accordance with
the Arbitration Rules of the SIAC ("SIAC Rules") for the time being in force, which rules are deemed to
be incorporated by reference in this clause. Further:
11.3.1.
The seat of the arbitration shall be Singapore.
11.3.2.
The tribunal shall consist of one (1) arbitrator.
11.3.3.
The language of the arbitration shall be English.
11.3.4.
All information, pleadings, documents, evidence and all
matters relating to the arbitration shall be confidential.
Where GovTech is the defendant or respondent, it shall be
given at least 30 days before the commencement of any legal
action against it to elect to exercise the right herein to
have the dispute submitted to arbitration. This right to elect
shall not prejudice GovTech’s right to a limitation defence
and the period to exercise the right shall not be abridged by
reason of any accrual of a limitation defence in favour of
GovTech during the said period.
These Terms of Use are dated 18 May 2020.
Schedule
1.
Name of Service: RedeemSG
a.
This Service facilitates the tracking of the distribution
and redemption of goods, vouchers and tickets (collectively,
“Items”). The “campaign” in this Schedule
refers to any such distribution programme. The Terms of Use
apply to you whether you are a distributor of the Items, or
the redeemer of such Items. The Service includes, without
limitation, APIs and administrative interfaces. GovTech
reserves the right to withhold from you or terminate certain
functionalities of the Service. For example, if you are a
redeemer of a voucher, you will not be granted access to the
administrator portal for tracking redemption which is used
by the distributor.
b.
GovTech DOES NOT manage and is
NOT responsible for the fulfilment and
quality of the operations involved in redemption of the
Items. As such, it is not responsible for ensuring adequate
supply of the Items. It is also not responsible for any
other services required for the campaign’s operations - e.g.
internet disruption at collection points, advertising, or
crown control measures. If you as campaign owner have
partnered with merchants for distribution or redemption of
your tickets or vouchers, you are responsible for
reimbursing such merchants. Conversely, if you are a
merchant distributing goods to be redeemed by
tickets/vouchers or to which such tickets/vouchers relate,
you are responsible for seeking reimbursement from the
campaign owner. GovTech is not responsible for the terms of
distribution or redemption, if any, between the campaign
owner and the merchant.
c.
GovTech DOES NOT own or decide on the
parameters for each distribution campaign, such as the Items
distributed and value of such Items. It does not provide the
eligibility criteria or recipient list for the campaign. It
does not manage the sign up of recipients, verifiers,
merchants and administrators of the campaign. It also does
not determine the stakeholders involved and timeframe for
each campaign.
d.
GovTech DOES NOThandle any payment to or
accept refunds from merchants for vouchers used at their
stores. It is not responsible for accounting, financial
reporting, financial reconciliation, financial governance
and audit entailed in voucher distribution programmes.
e.
GovTech is NOT responsible for the terms of
voucher/ticket use at each merchant. Insofar as a merchant
is involved in a campaign, any issues concerning payment
(such as refunds and cancellations) should be directed to
the merchant or campaign owner.
f.
If you are a distributor of the Items, it is your
responsibility to ensure that any terms or privacy policies
concerning the distribution or redemption which you require
are communicated to the persons receiving the Items, or to
the person distributing the goods that are to be redeemed or
to which the tickets/vouchers which are to be redeemed
relate (such as partner merchants). Your terms and privacy
policy must be consistent with the terms herein. In certain
cases, you might be requested to provide GovTech with a copy
of your terms to determine issues concerning redemption of
the Item.
g.
For the avoidance of doubt, partner merchants are also
deemed to be distributors and are bound to these Terms of
Use.
h.
Distributors of Items are responsible for ensuring
compliance with all applicable laws, including without
limitation the Personal Data Protection Act and Spam Control
Act, and any product regulations concerning the Items (such
as the Health Products Act, where relevant). GovTech may
require the redeemers to provide certain data in order to
use the Service, but it shall be the distributors’
responsibility to obtain all necessary consent from the
redeemers.
i.
If you are a redeemer of Items, you are to note that the
distributor may impose additional terms or privacy policies
to the redemption of the Items.
j.
If you are the campaign organizer (such as the
voucher/ticket issuer), you are required to agree to
additional terms in order to use the Service. Please check
with GovTech for details on these additional terms.
3.
Third party software/services
