End-User License Agreement

Terms of Service

IMPORTANT: READ THIS TERMS OF SERVICE (“TERMS”) CAREFULLY. BY REGISTERING OR USING MYBUSINESSS ESSENTIALS MARKETING (“SERVICE”) OFFERED BY SINGAPORE TELECOMMUNICATION LIMITED ("SINGTEL" “WE”, “US” OR “OUR”), YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU ARE USING THE SERVICE ON BEHALF OF AN ORGANISATION, YOU ARE AGREEING TO THESE TERMS ON BEHALF OF THE ORGANISATION AND REPRESENTS AND WARRANTS THAT YOU HAVE FULL AUTHORITY TO BIND THE ORGANISATION TO THESE TERMS (IN WHICH EVENT, “YOU” AND “YOUR” WILL REFER TO THAT ORGANISATION).

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT PROCEED TO PURCHASE, ACCESS OR USE THE SERVICE.

TO THE EXTENT THERE IS A CONFLICT OR INCONSISTENCY BETWEEN THESE TERMS, THE SINGTEL GENERAL TERMS AND CONDITIONS (“GENERAL TERMS”), SINGTEL SPECIFIC TERMS FOR THE RELEVANT SAAS SERVICES (“SPECIFIC TERMS”) AND ANY OTHER CONTRACTUAL AGREEMENT ENTERED INTO BY THE PARTIES FOR THE PURPOSE OF THE SERVICE, THESE TERMS SHALL PREVAIL.

  1. CHANGES TO THESE TERMS 
    1. We may modify these Terms at any time at our sole discretion, and such modifications shall be effective immediately upon posting of the modified Terms. You agree to review the Terms periodically to be aware of such modifications and your continued access to or use of the Service shall be deemed your conclusive acceptance of the modified Terms.

  2. ACCESS TO THE SERVICE
    1. Subject to the terms and conditions of this Terms, Singtel hereby grants you a nonexclusive, non-sublicensable and non-transferable licence to use the Service and Singtel Documentation during the applicable Service license term (“License Term”) solely for your own internal business operations. The Service is limited to the number of users and the transactions volume specified in your Service purchase order for the Service (“Customer Order”).

  3. YOUR ACCOUNT
    1. You must keep your account and passwords confidential and not authorize any third party to access or use the Service on your behalf. You agree to immediately notify Singtel of any unauthorized use of which you become aware. Singtel will not be liable for any loss or damage arising from any unauthorized use of your accounts.

    2. If a third party such as an employer gave you your account, that party has rights to your account and may manage your account, reset your password, view your account or suspend or cancel your account.

  4. USE OF THE SERVICE
    1. The Service is compliant, to Singtel’s knowledge as of publishing date of these Terms, with the applicable Singapore employment laws.

    2. You agree not to:

      1. permit any third party to use Service and Documentation in any way whatsoever nor use the Service and Documentation on behalf of or for the benefit of any third party in any way whatsoever (including, without limitation, for the purpose of operating a service bureau);

      2. modify, reverse engineer, decompile, or disassemble the Service;

      3. make error corrections to or otherwise modify or adapt the Service or create derivative works based upon the Service, or permit third parties to do the same; or

      4. publish any results of benchmark tests run on the Service.

    3. Singtel reserves the right to update the design of the Service, or part thereof at any time without notice.

    4. The Service is licensed as a single product and none of the components making up the Service nor any update may be separated for use.

    5. “Singtel Documentation” or “Documentation” means Singtel’s operating manuals, user instructions, technical literature and other related materials, whether published by Singtel online or in any media and made generally available by Singtel for the Service

  5. TRIAL SERVICE

    If the Service has been identified as a “Trial Service”, your royalty-free, non-exclusive, nonsublicensable, limited and non-transferable license is to use the Trial Service for evaluation purposes only and is limited to the period as notified by Singtel. The Trial Service may contain errors and other problems that could cause failures or data loss.

  6. UPDATES TO THE SERVICE

    Singtel may make such alterations, modifications and upgrades to the Service and may correct any errors at any time to improve the overall functionality of the Service as Singtel thinks fit even if such alterations, modifications, upgrades and corrections do not specifically improve the operation of the Service. Singtel shall give, where practical reasonable notice of any such alterations to the Service.

  7. THIRD PARTY CODE

    The Service may contain third party codes and libraries licensed to Singtel, including open source software. Some of these licenses require us to provide the open source software to you on the terms of the open source software in addition to these Terms and such open source software terms shall apply equally to you.

  8. DATA SUBMITTED THROUGH THE SERVICE
    1. You agree and acknowledge that you:

      1. are solely responsible for the nature, quality, accuracy and retention of files, materials, data, text, audio, video, images or other materials of any type that you use, upload, submit or otherwise transmit through the Service (“Data”);

      2. shall ensure that the Data (including the transmission and retention thereof) complies with these Terms and any and all applicable laws regulations and standards;

      3. have all the rights in the Data necessary for you to use the Service;

      4. will ensure that none of the Data or your user’s use of the Data violates Singtel’s acceptable use policy or the applicable law;

      5. maintain appropriate security, protection and backup copies of the Data. Singtel is not liable any damages or losses as a result of deletion of, correction of, destruction of, damage to, loss of or failure to store any Data.

    2. You must immediately notify Singtel in writing of any unauthorised use of any Data or Service that comes to your attention. You must take all necessary steps to terminate such unauthorised use and provide Singtel with all necessary assistance related to such unauthorised use.

    3. You are solely responsible for ensuring that your collection, use, disclosure and any other handling of Data that occurs in relation to use of the Services (including its storage) complies with all applicable laws, including the Personal Data Protection Act 2012 of Singapore.

    4. The Service may use certain applications to collect personally identifiable, sensitive or other information about you and/or users (including without limitation name, address and payment details) (“Sensitive Data”) necessary to provide you with the Service.

    5. Singtel may need to disclose Data or Sensitive Data in order to comply with any governmental or regulatory body (including but not limited to court orders and subpoenas), as otherwise required by the applicable law.

    6. Your Data and Sensitive Data will be deleted after termination of your license term.

  9. OWNERSHIP

    The Service and Documentation contain copyrighted material and other proprietary material and information of Singtel and/or its licensors. Singtel and/or its licensors shall retain all right, title, and interest, including all intellectual property rights, in and to the Service and Documentation. You will not remove, alter, or destroy any form of copyright notice, proprietary markings, or confidential legends placed upon or contained within the Service, Documentation, or any component thereof.

  10. SUSPENSION AND TERMINATION OF USE OF SERVICE
    1. Singtel may terminate or temporarily suspend your access to the Service with notice if:

      1. in our sole determination you violate any provision of these Terms; and/or

      2. in accordance to the termination rights set out in the General Terms or Specific Terms.

    2. Upon the expiration or other termination of this Terms, all rights and obligations of the parties under this Terms shall cease as of the termination date.

    3. You will not have access to the Data contained within the Service if the Service is suspended or terminated.

    4. Such provisions which must necessarily survive to fulfil their purposes shall survive the termination of these Terms.

    5. Following the termination of this Terms, you shall forthwith cease to use any documents, notes, and other materials and files related to the Service.

    6. Termination of the Terms under this Clause shall be in addition to, and not a waiver of, any remedy at law or in equity available to Singtel arising from your breach of these Terms.

  11. WARRANTIES

    TO THE EXTENT PERMITTED AT LAW, YOU UNDERSTAND AND AGREE THAT THE SOFTWARE AND DOCUMENTATION (“MATERIALS”) IS PROVIDED “AS IS” AND “AS AVAILABLE” AND SINGTEL DOES NOT MAKE ANY REPRESENTATION OR WARRANTY IN RELATION TO THE MATERIALS AND DISCLAIMS ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES AND CONDITIONS ABOUT THE MATERIALS, INCLUDING, WITHOUT LIMIT, MERCHANTABILITY, QUALITY, FITNESS FOR PURPOSE, DESCRIPTION, ACCURACY, COMPLETENESS, RESPONSES, NON-INFRINGEMENT OR RESULTS. SINGTEL SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES AND OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF SINGTEL. NEITHER SINGTEL NOR ANY OF ITS THIRD PARTY SUPPLIERS MAKES ANY REPRESENTATION, WARRANTY OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR ANY CONTENT THEREIN OR GENERATED THEREWITH, OR THAT: (A) ANY STORED DATA WILL BE ACCURATE OR RELIABLE OR THAT ANY STORED DATA WILL NOT BE LOST OR CORRUPTED; OR (B) ERRORS OR DEFECTS WILL BE CORRECTED..

  12. LIMITATION OF LIABILITY

    The limitation of liability is set out in Singtel’s General Terms and Specific Terms for Singtel Saas Service.

  13. TRANSFER OR ASSIGNMENT

    You shall not transfer or assign this Terms or any part thereof to any other party.

  14. MISCELLANEOUS
    1. The parties are independent contractors. These Terms shall not be construed as constituting either party as a partner of the other or to create any other form of legal association that would give on party the express or implied right, power or authority to create any duty or obligation of the other party.

    2. Neither party will be liable for any delay in performing or failing to perform any of its obligations under these Terms owing to any cause beyond its reasonable control (including but not limited to transmission delays or failures of, or loss of data transmitted via, services provided by third party networks) or defect or down time in the servers on which the data is held and processed. Such delay or failure will not constitute a breach of this Terms and the time for performance of the affected obligation will be extended by such period as is reasonable.

    3. The failure of either party at any time to require performance by the other party of any provision hereof shall in no way affect the full right to require such performance at any time thereafter, nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of any succeeding breach of such provision or as a waiver of the provision itself. Consequently no term or provision hereof shall be deemed waived and no breach excused unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented.

    4. These Terms supersede any previous Terms of Service and represent the entire agreement between Singtel and you.

    5. If any provision of the Terms shall be held by a court of competent jurisdiction to be contrary to law, the remaining provisions of the Terms shall remain in full force and effect.

    6. A person or entity who is not a party to the Terms shall have no right under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce any term of this Terms, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description.

    7. The Terms shall be governed by and interpreted in accordance with Singapore law, regardless of the conflict of laws principles. The parties submit to the non-exclusive jurisdiction of the Singapore Courts.