Terms of Use
Government Technology Agency
1. General
- 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”).
- 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.
- 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.
- If you do not agree to these Terms of Use, please do not use this Service or any part of this Service.
2. Nature of this Service
Please see the Schedule for more information and terms concerning this Service.
3. Licence Terms and Restrictions
- 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.
- Subject to these Terms of Use, GovTech grants to you a non-exclusive and non-transferable right to access and use the Service for personal or internal purposes only. You shall not, amongst other things, 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.
- GovTech reserves the right to:
- Update or modify this Service from time to time;
- Deny or restrict access to or use of the Service by any particular person without ascribing any reasons whatsoever; and
- Discontinue 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.
- 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.
4. Third Party Materials
- The Service may require, enable or facilitate access to or use of software or services of a third party (“Third Party”). In such an event, there will be terms of use of the third party software or service (the “Third Party Terms”) that will bind either GovTech or you or both. 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, 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.
- You are deemed to have notice of the Third Party Terms. In particular, you are deemed to have notice of any 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.
- 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.
- 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.
- 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.
- You agree to indemnify and keep GovTech 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 or Incorporated Terms which causes GovTech to breach any of the Third Party Terms.
- 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
Use of the Service may require you to allow access by the Service to certain functions of your device, such as push notifications, the obtaining and/or sharing of your location, or the collection of data from you in connection with the Service. Please also see clause 8 (Privacy Policy). Your use of the Service shall constitute your consent to the access by the Service of such functions of your device as may be reasonably required by the Service.
6. Disclaimers against Warranties, Representations and Liability
- 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:
- 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
- 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.
- 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 –
- your access to or use of this Service, or any part thereof;
- any loss of access to our use of this Service or any part of this Service, howsoever caused;
- any inaccuracy or incompleteness in, or errors or omissions in the transmission of, the Service;
- any delay or interruption in the transmission of the Service, whether caused by delay or interruption in transmission over the internet or otherwise; or
- any decision made or action taken by you or any third party in reliance upon the Service,
- 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).
- 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.
7. Hyperlinks
- 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.
- Caching and hyperlinking to, and the framing of, any part of the Service is prohibited save where you have obtained GovTech’s prior written consent. Such consent may be subject to any conditions as may be determined by GovTech in its sole discretion. If you hyperlink to or frame any part of the Service, that shall constitute your acceptance of these Terms of Use and all amendments thereto. If you do not accept these Terms of Use as may be amended from time to time, you must immediately discontinue linking to or framing of any part of the Service.
- GovTech reserves all rights:
- 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
8. Privacy Policy
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 set out in Clause 4.5, 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. Assignment
- You may not assign or sub-contract this Terms of Use without the prior written consent of GovTech.
- 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.
11. Governing Law and Dispute Resolution
- These Terms of Use shall be governed and construed in accordance with laws of Singapore.
- 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.
- 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:
- The seat of the arbitration shall be Singapore.
- The tribunal shall consist of one (1) arbitrator.
- The language of the arbitration shall be English.
- 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.
This version of the Terms of Use is dated 8 November 2017.
Schedule
1. Name of Service: Beeline
2. Nature of Service
- This Service facilitates the booking of transport services for crowd-sourced road transport routes.
- GovTech DOES NOT provide, own or operate any transport services. When making a booking through this Service, you are entering into a contract with your selected transport service provider.
- GovTech is NOT responsible for the fulfilment and quality of transport services available through this Service.
- Transport services, including provision of transport, booking amendments, cancellation and payment disputes, will be provided by your selected transport service provider in accordance with the Booking Policy of your selected transport service provider. The Booking Policy of your selected transport service provider is presented at the point of booking and in the email notification confirming your booking.
- Any issues concerning payment (such as refunds or cancellations) should be directed to the respective transport service provider.
3. Third Party software/services
- Google Maps API (Terms of Service) – https://www.google.com/intl/en-GB/policies
- Google’s privacy policy - http://www.google.com/policies/privacy
- Stripe Core Services - https://stripe.com/sg/legal
- Stripe Checkout - https://stripe.com/sg/checkout/legal
- Stripe Connect Platform - https://stripe.com/sg/connect/legal
- Stripe Connected Account - https://stripe.com/sg/connect-account/legal
- Apple’s Distribution Terms - https://developer.apple.com/programs/terms/apple_developer_agreement.pdf
- Google’s Distribution Terms - https://play.google.com/about/developer-distribution-agreement.html