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Acceptable Use Policy and Terms of Use (SafeGuardian)

1. AGREEMENT TO TERMS OF USE


1.1 This Acceptable Use Policy and Terms of Use ("Terms") set out the terms and conditions governing your use of the SafeGuardian mobile application (“App”).

1.2 The App is owned and operated by MINDEF on behalf of the Government of Singapore.

1.3 By installing and using the App, you agree and accept to be bound by the Terms set out herein and any modifications made thereto from time to time. If you do not agree to any of these Terms, please do not use the App and uninstall it immediately.

1.4 In these Terms, “we”, “our” and “us” refers to the Government of Singapore.



2. GENERAL


2.1 We reserve the right to, at any time, modify these Terms. The Terms may be modified by us, with or without notice to you, and without any liability to us. Such modified Terms shall be effectively immediately and your continued use of the App shall constitute your acceptance to the modified Terms. It is your responsibility to check and keep yourself informed of the prevailing Terms whenever you access or use any part of the App.



3. USAGE TERMS


3.1 The App is owned by, licensed to, managed or controlled by MINDEF.

3.2 Subject to these Terms, we grant to you a non-exclusive and non-transferable right to access and use our App for the purpose of facilitating compliance with safety requirements and safety processes within MINDEF. You shall not, among others, modify, reverse-engineer, decompile, adapt, publish, redistribute or sub-license our App or any part of the App without our prior written consent.

3.3 We reserve the right to:

3.3.1 Deny or restrict access to or use of our App by any particular person without providing any reasons.

3.3.2 Modify any information or features on our App at any time, without notice to you, and without liability.

3.3.3 Discontinue our App at any time without notice or liability to us whatsoever, whereupon all rights granted to you hereunder shall also terminate forthwith.

 

3.4 You agree that you will not interfere or attempt to interfere with the proper working of our App or otherwise do anything that imposes an unreasonable or disproportionately large load on our App servers.

3.5 Use of the App may require you to allow access by the App to certain functions of your device, such as, including but not limited to, the camera, push notifications, location services, internet connectivity or the collection of data from you in connection with the App. You will need to turn on your device’s location services in order to allow the App to access your location. Please also see clause 6 (Privacy Policy). Your use of the App shall constitute your consent to the access by the App of such functions of your device as may be reasonably required by the App.

3.6 For the avoidance of doubt, unauthorised capturing of images and/or capturing of any sensitive content not for the purposes of the usage of the App is strictly prohibited and may be subject to disciplinary action.



4. THIRD PARTY TERMS


4.1 Our App may require, enable, provide or facilitate access to or use of software or services of a third party (“Third Party”), such as online stores. In such an event, there may be additional terms of use governing such asses or use (“Third Party Terms”) that will bind either our App or you or both. An example of such Third Party Terms would be open source software terms or standard form terms of the distribution platform from which you obtain any part of our App (e.g. Google Play Store or Apple App Store terms) which bind us as a developer or user of the distribution platform (the “Distribution Terms”). For the avoidance of doubt, 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 our App. For example, if you obtained the said copy from the Google Play Store, then the relevant terms are Google’s Distribution Terms.

4.2 If the Third Party Terms require you to enter into an agreement directly with the Third Party, then you agree to enter into such agreement, and in any event, to be bound by the Third Party Terms.

4.3 You agree to indemnify and keep us harmless against all claims, actions, 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 aforesaid third party software or services or your non-compliance with the Third Party Terms.

4.4 For the avoidance of doubt, without prejudice to Clause 4.3, to the extent of any inconsistency between these Terms of Use and the Third Party Terms, the latter shall prevail provided that nothing in the Third Party Terms shall limit the generality of your indemnity obligations in Clause 4.3.

4.5 For the avoidance of doubt, nothing in the App will be considered an endorsement, representation or warranty of or by us with respect to any Third Party or any Third Party's content, products, services, functionalities or otherwise. We make no representation or guarantee regarding the availability or content (including its truthfulness, accuracy, completeness, timeliness or reliability) of such Third Party content, product, service or otherwise and any use or reliance on the same by you is solely at your own risk.



5. INTELLECTUAL PROPERTY


5.1 The contents of our App, including but not limited to its source codes, pages, documents, editorial content, online graphics, user interface, and audio and video clips are owned by or licensed to us, and are protected by applicable intellectual property and other laws including but not limited to copyright and trademark. Except as expressly provided in these Terms, you shall not modify, reproduce, republish, upload, post, transmit or otherwise distributed in any form or by any means, the contents of our App without our prior written permission.

5.2 Any unauthorised modification, reproduction, publication, uploading, posting, transmission or distribution of the contents of our App is strictly prohibited and may constitute an infringement of our intellectual property rights.



6. PRIVACY POLICY


6.1 During your use of the App, we may be required to collect, store, use, disclose or process personal data belonging to you, or that may relate to a third party individual and that is provided by you. In this regard, we will collect, use, store, disclose or process such personal data in accordance with our Privacy Policy which can be found on the App ("Privacy Policy").

6.2 Please refer to our Privacy Policy for more details. By using our App, you acknowledge that you have read and understood our Privacy Policy, and that you agree to the terms of the Privacy Policy as may be amended from time to time. The Privacy Policy forms part of these Terms.

6.3 For the avoidance of doubt, the personal data belonging to you, or that may relate to a third party individual and is provided by you, may be collected, used, disclosed and/or processed for the purposes set out in the Privacy Policy, including any purpose that may be notified by us to you from time to time.



7. GENERAL DISCLAIMER AND LIMITATION OF LIABILITY


7.1 The App is provided on an “as is” basis without warranties or representations of any kind, whether express or implied. While every care has been taken by us in the provision of the App, we shall not be responsible for any loss or damage arising out of your usage of the App, including but not limited to:

7.1.1 that you may incur in connection with using or visiting any application or services (Third Party or otherwise) linked to or from our App or relying on any statements, opinion, representation or information in our App; or

7.1.2 resulting from any delay in operation or transmission, telecommunications failure, Internet access difficulties or malfunctions in equipment or software, regardless of how the aforementioned events occur.

 

7.2 To the fullest extent permitted by law, we do not warrant and hereby disclaim any warranty:

7.2.1 as to the accuracy, correctness, adequacy, fullness, reliability, timeliness, non-infringement, title, merchantability, fitness for any particular purpose of the contents of the App; or

7.2.2 that our App and the contents therein or any functions in connection therewith will be uninterrupted or error-free, or that defects will be corrected or that our App and its server is and will be free of all viruses or other malicious, destructive or corrupting code, agent, program or macros and/or other harmful elements.

 

7.3 You agree that any physical activity that you perform in relation or connected with your usage of our App may carry certain inherent risks, including risks of property damage, bodily injury (to yourself and to third parties) or even death. You acknowledge these inherent risks (whether known or unknown) and hereby release the Government of Singapore, and all parties involved in the creation and maintenance of the App from any and all liability connected with physical activities that you perform in relation or connected with your usage of the App.



8. EXCLUSION FROM LIABILITY AND INDEMNITY


8.1 We shall not be liable to you for any loss or damage that you may incur as a result of using the App and/or in reliance of the App. You further agree to hold us harmless against all claims, actions, liabilities, losses, damages, costs, or expenses arising out of or in connection with your usage and/or reliance of the App.

8.2 You are responsible for all actions that you perform using the App, whether performed by you or a third party. We will not be responsible for any loss or damage arising out of or in connection to your installation of the App onto your mobile device and/or your usage of the App. You further agree to indemnify and hold us and our officers, employees, agents and contractors harmless from any demands, loss, liability, claims or expenses (including legal costs on an indemnity basis) made against us by any third party due to or arising out of or in connection with your usage of the App, such as including but not limited to, the unauthorised disclosure of personal data to the wrong party and/or the inaccuracy of the personal data obtained from the usage of the App.



9. GOVERNING LAW


9.1 The usage of the App and these Terms shall be governed and construed in accordance with the laws of Singapore.