END USER LICENSE AGREEMENT FOR MOBILE APPLICATION
Welcome to Bridge+ mobile application (“Application” or “App”). Please read this End User License Agreement and terms of service (“EULA”) carefully before clicking the “Accept” or equivalent button (an “Acceptance Button”) or downloading or using the App accompanying this EULA. This EULA governs Your use of the Application and App Services (as defined below) provided by ASB Flex Pte. Ltd. (“Bridge+”) on Your device (the “Mobile Device”). By clicking the Acceptance Button or downloading, installing, copying, or otherwise using the Application or App Services (as defined below), You agree to be bound by the terms of this EULA and acknowledge them to be binding on You. If you do not agree to this EULA, please do not download and install the App. If you have already done so, please do not access and/or use the App, and delete the App from all of your devices on which it is installed. You hereby undertake to comply fully with the EULA in your use of the Application.
1. ELIGIBILITY AND AGREEMENT
1.1.1. This EULA represents an agreement entered into between you (“You” or “Your”) and Bridge+ concerning the use by You of the Application and the App Services. This App is only available to you if you are at least eighteen (18) years of age. By opening an account and/or using the App, you represent that you are at least eighteen (18) years of age. By using the App and/or the App Services, you further represent and warrant that you have the right, authority and capacity to use the App and/or the App Services and to abide by the terms of this EULA. By downloading, using the Application or receiving the App Services, You are declaring that You have read, understood and agree to accept and be bound by and comply with this EULA. The terms of this EULA may be amended or supplemented from time to time by Bridge+ at its sole discretion, by posting revisions or a revised EULA through or on the Application. Your continued use of the Application and/or App Services following the posting of any changes or modifications will constitute Your acceptance of such changes, modifications, supplements or of such modified EULA.
“App Services” means amongst other things, any of the Internet-based, mobile based, interactive information services, content, and/or interactive tools that may be provided by Bridge+ at the Bridge+’s sole discretion, and that may be used or accessible by means of the Application.
1.1.2. You acknowledge that Bridge+ is merely a provider of the Application and that Your relationship with Bridge+ is merely that of a user of the Application as enshrined in this EULA.
2. LICENCE GRANT
In consideration of your undertaking to comply with this EULA, Bridge+ hereby grants to you a limited, non-transferable, non-sub licensable, non-assignable, terminable and revocable licence to install and use the Application on a Mobile Device that You own and/or control and to access and use the App Services on such Mobile Device (the “Licence”), provided that your access and use of the same is strictly in accordance with the terms of this EULA. For the avoidance of doubt, the Application is licensed, not sold, to you by Bridge+ pursuant and subject to the terms of this EULA. Bridge+ reserves all rights not expressly granted to You herein.
3.1.1. Prior to using the App, You are required to set up an account through the App or such other means as may be offered by Bridge+ from time to time. You acknowledge and agree that you are responsible for maintaining the confidentiality, safekeeping and security of Your account information, and You shall notify Bridge+ immediately of any unauthorised use of Your account information.
3.1.2. Without prejudice to the foregoing, You shall be solely liable and responsible for any activity conducted using Your account information, unless You have notified Bridge+ in writing of the closure or misuse of Your account and Bridge+ has received such notification.
4. USE OF THE APP
You acknowledge and agree that You are responsible for any and all information and content that You upload on the App, and You hereby grant to Bridge+ a worldwide, transferable and sub-licensable right to use, copy, modify, distribute, publish, and process, information and content that You provide through our App Services, without any further notice and / or compensation to You or others.
4.2. Your Use
4.2.1. In using the App, You acknowledge and agree that:
(a) You shall not license, sell, lease, transfer, distribute or otherwise use the Application in any form, nor may you modify, translate, adapt, copy (except as a backup copy), distribute, republish, or reproduce any part of the Application or derivative products.
(b) You shall not transmit, post, distribute, store or destroy material, in violation of any applicable law or regulation;
(c) You shall not remove or destroy any statements contained on the Application (including but not limited to copyright notices or other proprietary notices).
(d) You shall not use any data mining, robots or similar data gathering or extraction methods;
(e) You shall not transmit or link to viruses, worms, defects, Trojan horses, malware or any other items that may introduce security vulnerabilities to or harm user devices, apps or personal data;
(f) You shall not violate or attempt to violate the security of the App including attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
(g) You shall not post any content or material that promotes or endorses false or misleading information or illegal activities, or endorses or provides instructional information about illegal activities or other activities prohibited by law or by this EULA, such as making or buying illegal weapons, violating someone’s privacy, providing or creating computer viruses or pirating media;
(h) You shall not share with a third party any of your account information;
(i) You shall not access data not intended for you or log into a server or account which you are not authorized to access;
(j) You shall not post or submit to the App any incomplete, false or inaccurate information about yourself or information which is not your own;
(k) You shall not solicit passwords or personal data from any other person or entity;
(l) You shall not delete or alter any material posted by any other person or entity;
(m) You shall not harass, incite harassment or advocate harassment of any group, company, or individual;
(n) You shall not use the App for any unlawful purpose or any illegal activity, or post or submit any content, resume, or job posting that is defamatory, libelous, implicitly or explicitly offensive, vulgar, obscene, threatening, abusive, hateful, racist, discriminatory, of a menacing character or likely to cause annoyance, inconvenience, embarrassment, anxiety or could cause harassment to any person or include any links to pornographic, indecent or sexually explicit material of any kind, as determined by Bridge+, at its sole and absolute discretion.
4.2.2. You acknowledge and agree that any data that you submit through the Application or in using the App Services may be stored by Bridge+ and/or its service providers in Singapore or outside of Singapore.
4.2.3. When in doubt, You shall obtain the written consent from Bridge+ unless expressly authorized by the terms of this EULA.
5. PERSONAL DATA PROTECTION
5.2.1. creating and maintaining Your user account;
5.2.2. processing transactions and payments made by You;
5.2.3. sending You relevant notices and services messages;
5.2.4. for internal administrative purposes; and
5.2.5. performing data analytics, including the observing of consumer behaviour and patterns.
5.4. You may also withdraw your consent to the collection, use and disclosure of Your personal data for the purposes set out above at any time by giving writing in notice to the address set out below. If You withdraw such consent, Bridge+ may not be able to continue providing You with the use of the Application and/or the App Services, and You hereby acknowledge and agree to accept any such consequences of Your withdrawal of Your consent.
6. PAYMENT AND CHARGES
6.1. You should be aware that your network provider may charge You both for access to its connection services and for the duration of Your mobile phone’s connection while accessing the App Services and/or using the Application (these charges may include without limitation GPRS or Circuit Switch Data charges). You are solely responsible for these costs and the costs of any other third party associated with your receiving the App Services and/or using the Application.
6.2. Bridge+ reserves its right to impose charges for Your use of the Application and/or App Services. Notwithstanding that the Application had previously been offered free to you for download and use, Bridge+ has absolute discretion to impose charges for Your continued use of the Application and/or App Services. Without prejudice to any other right of Bridge+ herein, Bridge+ has the right to immediately withdraw and terminate the Licence (including the App Services) should you fail to pay such charges.
7. START DATE AND CANCELLATION OF SERVICES
7.1. Your subscription to the App Services commences on the date You are able to receive the App Services, provided always that Bridge+ may determine the start date of the App Services, and that Bridge+ may refuse to provide the App Services or refuse commencement of the App Services, without having to assign any reason for such refusal and without being liable to You for any compensation whatsoever.
7.2. You may uninstall the Application at any time if You desire to stop receiving the App Services or use of the Application.
8. INTELLECTUAL PROPERTY RIGHTS
8.1. Intellectual Property
You acknowledge thatBridge+ or third parties own all rights, title and interest in and to the Application and technology comprised in the App Services, including without limitation software and portions thereof and all Intellectual Property Rights, and you shall not do or permit any act which is directly or indirectly likely to prejudice the rights, title or interest of the said rightful owner(s) in and to any of the aforesaid.
“Intellectual Property Rights” means any and all rights existing from time to time (both current and future) under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide, or capable of protection in any relevant country in the world.
Unless otherwise expressly permitted by mandatory applicable law, You agree not to modify, adapt, translate, prepare derivative works from, or decompile, reverse engineer, disassemble or otherwise attempt to derive source code from, the Application. You shall not rent, lease, lend, sell, redistribute or sub-license, the Application. Without prejudice to the generality of the foregoing, You shall not use in any way and shall not reproduce any trademarks that is associated with the Application or App Service or that You have sight of when using the App Services, without the prior written consent of Bridge+.
You also agree to not remove, obscure, or alter Bridge+’s or any third party’s copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Application.
9. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
9.1. You acknowledge and agree that the Application and the App Services are provided on an “as is” basis, and Bridge+ disclaims all warranties and makes no warranty of any kind, whether express or implied (statutory or otherwise), including but not limited to warranties on the merchantability, sufficiency, quality and fitness for a particular purpose of the Application and/or the App Services. Bridge+ further makes no warranty that the Application and App Services do not infringe the rights (including Intellectual Property Rights) of any party. You wholly assume all risks in your use of the Application and receipt/use of the App Services. Without limiting the generality of the foregoing, Bridge+ does not warrant and excludes all liability in respect of:
9.1.1. the accuracy, completeness, fitness for purpose or legality of any information published by Bridge+ or that are communicated to You relating to the Application and/or the App Services; and
9.1.2. the Application and/or App Services in respect of their quality, usability, fitness for purpose or any other aspect thereof.
9.2. Bridge+, and any third parties who make their software available in conjunction with or through the Application disclaim any warranties regarding security, reliability, timeliness, and performance of the Application and such third party software. You further understand and agree that you download and/or use the Application and all third party software made available in conjunction with or through the Application at Your own discretion and risk and that You will be solely responsible for any loss or damages to Your mobile device system or computer or loss of data that results from the download or use of the Application and/or all third party software.
9.3. Bridge+ makes no guarantee, representation or warranty whatsoever that:
9.3.1. the App Services or the Application will be error free;
9.3.2. You will be able to use the Application or that You will be able to access, use or receive the App Services; and/or
9.3.3. any information provided via the App Services is accurate.
9.4. You acknowledge that the use of the App Services presents the possibility of human and machine errors, inaccuracies, omissions, delays, and losses, including the inadvertent loss of data which may give rise to loss or damage suffered by You, and You agree and undertake that You shall not hold the Bridge+ liable in any way whatsoever for the said loss or damage.
9.5. Bridge+ assumes no responsibility for the activities or conduct of other users of the Application.
9.6. To the maximum extent permitted by law, You agree that Bridge+ shall not be liable to You in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof, for any indirect, consequential, collateral, special or incidental loss or damage suffered or incurred by You in connection with the App Services or the Application, whether during or after the termination of the Licence.
For the purposes of this clause, “indirect or consequential loss or damage” includes, without limitation, loss of existing or anticipated revenue or profits, anticipated savings or business, loss of data or goodwill, business interruption, loss of use or value of any equipment including software, claims of third parties, and all associated and incidental costs and expenses.
9.7. Where Bridge+’s liability is not expressly excluded under this EULA or under any applicable law, Bridge+’s liability to you in contract, tort (including negligence) or otherwise whosoever and whatever the cause thereof, arising by reason of or in connection with this EULA, the Application and/or the App Services, shall be limited to the aggregate amount of all amounts actually paid by and/or due from You in utilising the App Services during the event giving rise to such claims.
9.8. Notwithstanding anything that may be to the contrary, no action may be brought by You against Bridge+, under this EULA or related to the App Services or the Application, more than one (1) year after the cause of action arose. For the avoidance of doubt, this limitation shall not apply to claims by Bridge+ against You.
9.9. Bridge+ retains absolute discretion in determining whether or not to provide maintenance and support services for the Application, and if so, the type of maintenance and support services.
9.10. Nothing in the contents of the Application shall be considered an endorsement, representation or warranty of or by Bridge+ with respect to any third party or any third party’s content, products, services or otherwise. Without limiting the generality of the foregoing, the foregoing applies to any paid advertising content, as well as links that may be provided in the Application to third party websites or applications. Such links (if any) are provided solely as a convenience to you. You use such links to access third party content, websites or applications at your own risk. Bridge+ makes no representations or guarantees regarding the availability or content (including its truthfulness, accuracy, completeness, timeliness or reliability) of such third party content, websites or applications in respect of which links have been provided in the Application, nor with regard to broken links.
9.11. Your dealings with any advertisers on the Application are solely between You and such advertisers. You agree that Bridge+ will not be responsible for any loss, damage, costs or expenses that You may suffer or incur as a result of any such dealings or otherwise arising from the presence of such advertisers on the Application.
9.12. The provisions of this clause 9 notwithstanding, Bridge+ does not exclude its liability for death or personal injury caused from its negligence, or the negligence of its employees or agents.
10. ALTERATION TO THE SERVICES AND TERMINATION
10.1. Bridge+ may amend all or part of the App Services including the contents therein at any time.
10.2. Bridge+ has the right to and You acknowledge that Bridge+ can withdraw any information, data or content forming a part of the App Services, or immediately suspend, withdraw or terminate the Licence (including the App Services entirely) and/or terminate this EULA, at any time, without liability and without notice to You, for any or no reason whatsoever. You shall not hold Bridge+ liable in any way whatsoever for any of the aforesaid. Without limiting the generality of the foregoing, in the event that any information provided by You is inaccurate, in breach of any laws or contains indecent elements, Bridge+ has the right to instantly terminate Your account and membership without notice and take all such action as it considers appropriate, desirable or necessary including but not limited to taking legal actions against such user.
11. UNPREDICTABLE NATURE OF THE APP SERVICES
You understand and acknowledge that the transmission of information through telecommunications channels is unpredictable in nature and depends on, amongst other issues (i) third party telecommunications operators, and (ii) the proper maintenance of your receiving equipment. Bridge+ gives no guarantee of the continued availability and quality of reception of the App Services and/or the Application.
12. INTERRUPTION OF THE APP SERVICES
The App Services may be interrupted, in whole or in part, in a case of force majeure (being events outside the control of either You or Bridge+) or during periods of maintenance or for any other reason whatsoever. Without prejudice to clause 9, Bridge+ and its related corporations cannot be held liable for any loss or damages caused directly or indirectly by the interruption of all or part of the App Services in the case of force majeure or for any other reason, nor loss of profits, contracts, reputation, nor for any consequential loss of any kind. For the avoidance of doubt, Bridge+ does not exclude its liability for death or personal injury caused from its negligence, or the negligence of its employees or agents.
13. NON-TRANSFERABLE RIGHTS AND INDEMNITY
13.1. The rights to use the App Services and the Application are personal to You, and You may not transfer or assign to a third party any of your rights and obligations as defined in this EULA or any other document constituting this Agreement.
13.2. You agree to indemnify, defend and hold the Bridge+, its related corporations, including their respective successors, assigns, employees, officers, harmless from and against all claims, demands, actions, losses, damages, costs and expenses (including legal fees), arising out of and in connection with Your breach of this EULA, Your use of the Application, Your receipt or use of the App Services, and/or Your failure to comply with any applicable law or regulation.
14. TERRITORY AND GOVERNING LAW AND DISPUTE RESOLUTION
14.1. The scope of this EULA covers the territory of Singapore. This EULA is governed by and shall be construed in accordance with the laws of Singapore, excluding its conflicts of laws principles.
14.2. Any dispute arising out of or in connection with this EULA, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration before a single arbitrator administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the SIAC for the time being in force ("SIAC Rules"), which rules are deemed to be incorporated by reference in this clause. The Tribunal shall consist of one (1) arbitrator, the arbitration will be conducted in English and the seat of the arbitration shall be Singapore.
15. ENTIRE AGREEMENT
This EULA contains the entire agreement between You and Bridge+ with respect to use of the App, and shall supersede all previous communications (whether written, oral or otherwise), discussions or letters relating to the same. You agree that in downloading, installing and using the Application and/or in relying on the Services provided in connection with your use of the Application, you do not rely on any statement, representation, warranty or understanding made prior to this EULA save to the extent that such statement, representation, warranty or understanding is incorporated into this EULA.
If any term or provision contained herein shall in whole or in part be held by the competent court to any extent to be illegal or unenforceable under applicable law, that term or provision or part shall to that extent be deemed not to form part of this EULA and the enforceability of the remainder of this EULA shall not be affected.
17. NO WAIVER
The failure of Bridge+ to enforce any of the terms set out herein shall not constitute a waiver of such a right and shall at no time and in no manner affect the right of Bridge+ to enforce such a term at a later time.
Bridge+ may assign, delegate, sub-contract or transfer any or all of Bridge+’s rights and/or obligations under this EULA to any third party. You may not transfer any or all of Your rights or obligations under this EULA to any third party.
19. THIRD PARTY RIGHTS
This EULA is entered into between You and Bridge+. For the avoidance of doubt, except as expressly stated in this EULA, a person who is not a party to this EULA shall have no right under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce any of the terms of this EULA.
20. CONTACT INFORMATION
20.1. You may contact Bridge+ at:
Address: 2 Science Park Drive, Singapore 118222
Email: (Not for service of process): email@example.com
20.2. Any notice that the Bridge+ intends to give to You may be carried out by sending such notice to You through the Application or to any contact information You may have provided Bridge+ with through the Application or otherwise. You are deemed to have received notice of the same upon Bridge+ sending such notice to You through the Application or to any contact information You may have provided Bridge+ with through the Application or otherwise.
21. ADDITIONAL TERMS FOR GOOGLE PLAY
21.1. If the Application has been downloaded from Google Play, You agree to comply with any applicable terms and conditions of the same, as may be amended from time to time, including but not limited to the “Google Play Terms of Service” which can be found at:https://play.google.com/about/play-terms.html
21.2. You also agree that You will not use the Application in any way that would result in or cause the Application and/or Bridge+ to be in violation of any terms and conditions applicable to developers and applications on Google Play, as may be amended from time to time, including but not limited to the “Google Play Developer Programme Policies” and the “Google Play Developer Distribution Agreement” which can be found at:
22. ADDITIONAL TERMS FOR APPLE STORE
22.1. If the Application has been downloaded from the Apple Store or iTunes, You agree to comply with any applicable terms and conditions of the same, as may be amended from time to time, including but not limited to the “iTunes Store Terms and Conditions” which can be found at:
22.2. You also agree that You will not use the Application in any way that would result in or cause the Application and/or Bridge+ to be in violation of any terms and conditions applicable to developers and applications on the Apple Store or iTunes, as may be amended from time to time, including but not limited to the “App Store Review Guidelines” and the “Instructions for Minimum Terms of Developer’s End-User License Agreement” which can be found at:
22.3. The following additional terms and conditions shall apply if the Application has been downloaded from the Apple Store or iTunes and is intended for use on an Apple iOS-powered device.
22.3.1. You acknowledge that this EULA is between You and Bridge+ only, and not with Apple, Inc. and/or any of its local entities (collectively, "Apple").
22.3.2. Bridge+, and not Apple, is solely responsible for the Application and/or the provision of the App Services. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to the same. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to the Application and/or the provision of the App Services.
22.3.3. You agree that Bridge+, and not Apple, is responsible for addressing any claims by you or any third party relating to the Application and/or the provision of the App Services or Your possession and/or use of the same.
22.3.4. You agree that Bridge+, and not Apple, shall be responsible, to the extent required by this EULA, for the investigation, defense, settlement and discharge of any third party intellectual property infringement claim related to the Application and/or the provision of the App Services or your possession and use of the same.
22.3.5. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
22.3.6. You agree to comply with all applicable third party terms of agreement when using the Application and/or the App Services (e.g., you must not be in violation of your network service provider’s terms of agreement when using the Application and/or the App Services).
22.3.7. The parties agree that Apple is a third party beneficiary to this EULA as they relate to your Licence of the Application, and/or the provision of the App Services. Upon your acceptance of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce the terms of this EULA against You as they relate to your Licence of the Application, and/or the provision of the App Services as a third party beneficiary thereof.
22.4. You acknowledge and agree that if any of the terms of this EULA are inconsistent with Apple’s “Instructions for Minimum Terms of Developer’s End-User License Agreement”, the terms and conditions of Apple’s “Instructions for Minimum Terms of Developer’s End-User License Agreement” shall prevail.