Terms & Conditions of Use

IMPORTANT - PLEASE READ THESE TERMS & CONDITIONS OF USE CAREFULLY. BY ACCESSING THIS MOBILE APPLICATION ("APP") AND/OR USING ANY OF THE SERVICES (INCLUDING DOWNLOADING, INSTALLING OR USING ANY ASSOCIATED SOFTWARE) BEING OFFERED THROUGH THE APP, THE USER AGREES TO BE BOUND BY THE TERMS & CONDITIONS OF USE STATED BELOW. IF THE USER DOES NOT AGREE TO THESE TERMS & CONDITIONS OF USE, THE USER MUST IMMEDIATELY DISCONTINUE THE ACCESS AND USE OF THIS APP AND/OR THE ACCESS AND USE OF ANY OF THE SERVICES.

The Services (defined below) on this App is provided by SP Digital Pte. Ltd. (hereinafter called “SP Digital") or third party payment providers (as the case may be). These Services may only be accessed and/or used by the User (defined below) through the use of the User’s E-Account, email address, unique identifier and/or business registration number, User ID, Touch ID and passwords.

Please note that in the event that a User (defined below) uses the App to pay for third party services, SP Digital only receives money from the User as part of a collection service SP Digital provides to its Affiliates or to third parties. In receiving such money, SP Digital is not providing and does not undertake to provide any payment service to the User. While SP Digital may provide an option for a User to send money to SP Digital via a designated online payment gateway (for the purposes of SP Digital’s collection service to its Affiliates or third parties), SP Digital does not:

Consequently, SP Digital owes no duties and does not purport to owe any such duties (whether contractual or otherwise) to a User in relation to the receipt of such money.

The User accepts and acknowledges that SP Digital is not licensed, approved or registered under the Payment Services Act 2019 (No. 2 of 2019) and the User may not be afforded the relevant protections set out in the Payment Services Act 2019 (No. 2 of 2019) and related subsidiary legislation, regulations, circulars, notices, directions and guidelines.

1. ACKNOWLEDGEMENT AND ACCEPTANCE OF TERMS AND CONDITIONS

These Terms & Conditions of Use shall govern the Services and the access and/or use of this App and the Services by the User. By completing the registration or subscription process and clicking the ‘Finish’ button (if applicable) or clicking the “I Accept” button, the User agrees to be bound by all of the terms and conditions set out herein.

In addition to these Terms & Conditions of Use, the access and/or use of the App and/or Services is also subject to any prevailing or existing terms of conditions that the User has entered into or will enter into with SP Digital. If there is any conflict or inconsistency between these Terms & Conditions of Use and any prevailing or existing terms of conditions, then these Terms & Conditions of Use will prevail.

2. DEFINITION OF TERMS

The following terms and expressions shall have the meaning stated hereunder except where the context otherwise requires:

I. “Affiliate”

Singapore Power Limited, any persons or entities that are Controlled directly or indirectly by Singapore Power Limited, or are under common Control with, or are Controlled by, SP Digital.

II. “Biometric Trait”

each biometric trait including but not limited to facial image, fingerprints and iris patterns enrolled by a Biometric Recognition Feature on a Prescribed Device.

III. “Biometric Recognition Feature”

such biometric recognition feature designated as such by SP Digital from time to time including the face recognition feature of Apple’s iOS designated by Apple as “Face ID”.

IV. “Challenges”

such meaning as ascribed to it in Clause 6.

V. “Content”

all information, text, design, sound recordings, music, Software, photographs, videos, images, graphics, data, messages, links and any other content and materials made available through or provided as part of or for purposes of or in connection with the App and/or Services.

VI. “Control”

the beneficial ownership of more than 50% of the issued share capital of a company or the legal power to direct or cause the direction of the general management of the company, and “controls”, “controlled” and the expression “change of control” shall be construed accordingly;

VII. “E-Account”

a registered account with SP Digital for the purposes of using and/or accessing the App.

VIII. “Fingerprint”

each fingerprint enrolled by a Fingerprint Recognition Feature on a Prescribed Device.

IX. “Fingerprint Recognition Feature”

such fingerprint recognition feature designated as such by SP Digital from time to time including the fingerprint recognition feature of Apple’s iOS designated by Apple as “Touch ID”.

X. “Intellectual Property Rights”

includes but is not limited to any rights, title and interest in patents (including utility models), designs (whether or not capable of registration), semi-conductor topography rights, rights in layouts of integrated circuits, copyrights, Moral Rights, database rights, trademarks, service marks, trade and business names, domain names, and any rights of goodwill associated therewith, rights to sue for passing off, rights in the nature of unfair competition rights, trade secrets, confidentiality and other proprietary rights including rights to know-how, rights to technical and other information, rights to apply for registration of any of the foregoing, rights to take action for past, present and future infringements in respect of any of the foregoing, and all rights in the nature of any of the foregoing anywhere in the world whether registered or unregistered, whether subsisting now or in the future.

XI. “Malware”

any and all forms of malicious, surreptitious, destructive or corrupting code, agent, macro or any other program which is designed to permit unauthorized access, to disable, erase, corrupt or otherwise harm or damage software, hardware or data; or any device, method, or token whose apparent or intended purpose is to allow circumvention of the normal security of software or the system containing the code.

XII. “Moral Rights”

the rights as described in Article 6bis of the Berne Convention for Protection of Literary and Artistic Works 1886 (as amended and revised from time to time), being “droit moral” or other analogous rights arising under any law, that exist or that may come to exist, anywhere in the world, in relation to any works or other subject matter.

XIII. “Personal Data”

data, whether true or not, about an individual who can be identified (a) from that data; or (b) from that data and other information to which SP Digital has or is likely to have access.

XIV. “Prescribed Device”

the mobile device registered with SP Digital and enabled with the Fingerprint Recognition Feature and if applicable, the Biometric Recognition Feature.

XV. “Rewards”

such meaning as ascribed to it in Clause 6.

XVI. “Security Credentials”

the E-Account, email address, unique identifier, business registration number, user identification code ("User ID"), Fingerprint, Biometric Trait and/or passwords and any other devices or information that may be issued by or which may be accepted by SP Digital from time to time for use by the User for the purposes of authenticating the User’s access and/or use of the App, the Services and/or the Content.

XVII. “Services”

any features, functionalities, services, products, Challenges and/or Rewards which SP Digital, its Affiliates or third party service providers, as the case may be, provides to the User through the App from time to time including any value-added features (whether online or otherwise).

XVIII. “Software”

any software programmes including any upgrades or updates.

XIX. “UNI$ Voucher”

The voucher issued by United Overseas Bank Limited (“UOB”) to the cardmembers of UOB in accordance with UOB’s credit card rewards programme, which can be instantly redeemed by the UOB’s cardmembers for offsetting the payment of Services provided by SP Digital.

XX. “User”

the user using and accessing the App and Services.

XXI. “User Content”

information, content or materials which the User uploads, submits, stores, sends, receives or makes available to or through the App and/or Services and any Intellectual Property Rights subsisting therein, and all other information, content or materials made available for purposes of or in connection with the App and/or Services and any Intellectual Property Rights subsisting therein.

3. LICENCE TO USE APP AND CONTENT

The User will need to register for an E-Account with SP Digital in order to utilise the App and the Services, access any information related to the User’s instructions given via the App, access the User’s E-Account information and any other records associated with the User’s use of the App.

The User may only register for one E-Account with SP Digital unless SP Digital explicitly approves the opening of additional accounts. SP Digital may refuse the creation of duplicate accounts for the same User. Where duplicate accounts are detected, SP Digital may close or merge these duplicate accounts without notification to the User.

Where the User is a business organisation (whether a corporate entity, a partnership or any other business entity established under the laws of Singapore), the following additional conditions shall apply:

In the event that SP Digital is of the opinion that the Authorised Representative has not been duly authorised by the User to register and operate the E-Account on behalf of the User, SP Digital may, at its sole discretion, to either terminate the E-Account without any liability to the User, or consider the Authorised Representative to be the User for the purposes of these Terms and Conditions (and for this purpose, the Authorised User shall be deemed to have personally consented to the same when clicking on the ‘Finish’ button (if applicable) or clicking the ‘I Accept’ button).

The App and Content is proprietary to SP Digital, its Affiliates and/or its licensors (as may be applicable) and must not be used other than strictly in accordance with these Terms & Conditions of Use. If the User agrees to these Terms & Conditions of Use, the User shall be granted a personal, limited, non-exclusive, non-transferable, non-sublicensable right to use the App and the Content, strictly for personal and non-commercial use only and subject always to these Terms & Conditions of Use, for the purpose of accessing and using the Services and Content.

SP Digital reserves all rights not granted hereunder.

The User is permitted to, through SP Digital-designated means, print or download extracts of the Content for the User’s personal and non-commercial use only. Any copies of such Content saved to disk or to any other storage medium may only be used for subsequent viewing purpose or to print extracts for personal and non-commercial use. Any other use is strictly prohibited.

Without prejudice to the foregoing, the User shall not without the prior written consent of SP Digital: (i) remove, delete, augment, add to, copy, store, include in any public or private electronic retrieval system or service, create derivative works from or otherwise exploit in any way the App (or any part thereof), the Services (or any part thereof) or the Content (or any part thereof) in any form and by any means; (ii) reproduce, transmit, publish, perform, broadcast, store, adapt, distribute, display, rent, lease, license, export, participate in the transfer or sale of, or hyperlink the App (or any part thereof), the Services (or any part thereof)or the Content (or any part thereof) in any form and by any means; (iii) use the App, the Services and/or Content or any element or portion thereof for any commercial purpose whatsoever; (iv) adapt, alter, modify, decompile, disassemble and/or reverse engineer the App (or any part thereof), the Services (or any part thereof) or the Content (or any part thereof); (v) create a database whether in electronic or structured manual form by regularly or systematically downloading or storing all or any part of the App and/or Content, whether or not for personal use.

Any breach of the requirements or restrictions in Paragraphs 5 and 6 shall result in immediate and automatic termination of all rights and licence granted by SP Digital under these Terms & Conditions of Use.

The User shall (i) abide by all applicable laws and regulations in the User’s access and/or use of the App, the Services and/or the Content; (ii) not impersonate any person or entity or to falsely state or otherwise misrepresent his/her affiliation with any person or entity; (iii) not send, distribute or upload, in any way, any Malware; and (iv) not post, promote or transmit through the App and/or the Services any unlawful, harassing, libellous, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature.

SP Digital does not endorse nor assume any responsibility for the contents of the User’s transmissions or communications through the App and/or Services and the User is solely responsible therefor. The User warrants and represents that the User has the right and authority to submit the contents of the User’s transmissions or communications through the App and/or Services.

SP Digital shall be entitled to, without giving any prior notice, remove any information or materials submitted by the User or posted by the User through the App and/or Services.

4. USER ID, PASSWORD, BIOMETRIC TRAIT, TOUCH ID AND E-ACCOUNT

The User shall be responsible for maintaining the confidentiality of the Security Credentials, and agrees to accept responsibility for all activities that are referable to the Security Credentials. SP Digital reserves the right to terminate any or all existing accounts the User has with SP Digital in their sole discretion.

To access the E-Account, the Services (or any part thereof) and/or the Content (or any part thereof) using a Fingerprint or Biometric Trait the User must accept and agree to these Terms & Conditions of Use and register the User’s (or its Authorised Representative’s) mobile device in accordance with SP Digital’s latest instructions, procedures and directions. Once the mobile device has been registered with SP Digital (such mobile device therefore now a Prescribed Device), information about the User’s E-Account, as well as the Services and/or Content, may be accessed using any fingerprint or Biometric Trait enrolled by the relevant Fingerprint Recognition Feature and/or Biometric Recognition Feature on such Prescribed Device. SP Digital owes no duty to verify that each Fingerprint or Biometric Trait is the fingerprint or Biometric Trait, of the User (or its Authorised Representative). The User shall not (and shall ensure that its Authorised Representative does not) enrol any fingerprint or Biometric Trait of an unauthorised third party or permit any unauthorised third parties to enrol their fingerprints or Biometric Traits on the Prescribed Devices. If the User or its Authorised Representative has fingerprint(s) or Biometric Trait(s) of such third parties registered on the Prescribed Device, such third parties may be able to access the User’s E-Account, the Services and/or the Content as well. The User agrees and acknowledges that if the User or its Authorised Representative uses a Fingerprint or Biometric Trait to access the E-Account, the Services and/or the Content, the App may be able to access the fingerprint(s) or Biometric Trait(s) stored and registered on the Prescribed Device and the User hereby consents to SP Digital accessing and using such information for the purposes as described in these Terms & Conditions of Use herein.

The User shall be responsible for all actions taken with reference to the Fingerprints and the Biometric Traits and shall keep fully secure and protect the Prescribed Device. The User agrees that the use of the Fingerprint and/or the Biometric Trait to access and/or use the App, Services and/or Content is dependent on Fingerprint Recognition Feature(s) or Biometric Recognition Feature(s) which are proprietary to third parties, and that the use of such Fingerprint Recognition Feature(s) or Biometric Recognition Feature(s) shall be in accordance with the applicable terms and conditions of the third party provider of the relevant Fingerprint Recognition Feature or Biometric Recognition Feature. SP Digital does not warrant that the use of the Fingerprint Recognition Feature(s) or Biometric Recognition Feature(s) will meet all or any of the User’s requirements. In particular, SP Digital does not warrant that the use of the Fingerprint Recognition Feature(s) or Biometric Recognition Feature(s) will always be available, accessible, complete, uninterrupted, timely, secure or error free.

All use and/or access (including any purported use and/or purported access) of the App, Services and/or Content referable to any of the Security Credentials (whether such access or use is authorised by the User or not) shall be deemed to be the use and/or access of the App, Services and/or Content by the User. SP Digital shall be entitled to consider any person who gains access to the App, Services and/or the Content using the Security Credentials to be the User or an individual authorised by the User (including the Authorised Representative) without further inquiry or investigation. Where applicable, references to the User’s use and/or access of the App, Services and/or the Content shall be deemed to include the use and/or access of the App, Services and/or the Content by an individual authorised by the User (including its Authorised Representative).

The User is able to transmit instructions through the App and/or Services. All instructions referable to any of the Security Credentials shall be deemed to be instructions validly transmitted and issued by the User. Such instructions shall be deemed to be irrevocable and SP Digital is entitled to act upon such instructions without requiring further consent. SP Digital shall not be obliged to investigate or verify the authenticity, the authority or the identity of any persons effecting any instructions or the authenticity, accuracy and completeness of such instructions. Notwithstanding this, SP Digital shall be entitled, at its own discretion, to decline to act or refrain from acting promptly upon any instructions and to investigate or verify the authenticity, the authority or the identity of such persons effecting the instructions or the authenticity, accuracy and completeness of the instruction. SP Digital may, in its discretion, refuse to comply with any instruction if the instruction is ambiguous or conflicting, incomplete or inaccurate.

The User shall be responsible for all actions referable to any of the Security Credentials, whether or not authorised by the User. Therefore SP Digital does not recommend that the User discloses any of the Security Credentials to any third parties. The User shall be responsible for any access and/or use, and any purported access and/or use, of the App, Services, Content and/or E-Account, whether or not authorised by the User. If the User loses control of the Security Credentials or the Prescribed Device, the User may lose substantial control over his/her personally identifiable information and may be subject to legally binding actions taken on the User’s behalf.

The User shall immediately notify SP Digital if it comes to their knowledge that any of the Security Credentials and/or the Prescribed Device has been compromised (including any loss, theft, breach of security, or unauthorised disclosure or use) and/or there has been unauthorised use of their E-Account, the App and/or the Services.

SP Digital and its Affiliates shall not be liable or responsible for any damage, expense or loss of any kind suffered directly or indirectly by the User as a result of any loss, disclosure, theft and/or unauthorised use of the User’s Security Credentials and/or Prescribed Device.

5. ACCESS TO AND USE OF USER CONTENT

Subject to Clause 16 of these Terms & Conditions of Use, the User hereby grants to SP Digital, a non-exclusive, world-wide, royalty-free, perpetual and irrevocable, right and licence (“Licence”) to use, host, store, reproduce, perform, display, distribute, adapt, modify, re-format and create derivative works of any and all of the User Content, and the right to sublicense or transfer the foregoing rights to its Affiliates and such third parties designated by SP Digital. The User represents and warrants to SP Digital that it either owns the User Content and/or has valid licenses or other rights in relation to the User Content and has full authority to grant the Licence to SP Digital.

The User hereby consents to SP Digital accessing, collecting and using, and authorises SP Digital, to access, collect and use, subject to Clause 16, any and all information relating to the User with any relevant organisation, and all User Content. To the extent applicable or required, the User hereby warrants and confirms that it has done and will do all things necessary to authorise the access to, collection of and/or use by SP Digital of (a) any and all information relating to the User with such relevant organisation and (b) all User Content.

6. CHALLENGES AND REWARDS

When the User participates in activities or exercises as SP Digital may launch on this App ("Challenges") whether solely on its own or with such partner(s) as SP Digital may identify from time to time, User may be entitled to certain prizes or rewards (collectively “Rewards") earned by the User in accordance with these Terms & Conditions of Use and such other terms and conditions as SP Digital may stipulate in respect of the Challenges. SP Digital may in its sole and absolute discretion, without prior notice to the User, suspend or terminate any Challenge(s) for any reason whatsoever as SP Digital deems fit. Where a partner is involved in the Challenges or Rewards, the partner’s terms and conditions may apply in addition to these Terms & Conditions of Use. For the avoidance of doubt and notwithstanding anything to the contrary in these Terms & Conditions of Use, SP Digital may from time to time amend the terms and conditions governing the Challenges, User’s entitlement to the Rewards and/or the Rewards without prior notice to the User.

The User’s entitlement to the Rewards is determined by SP Digital in its sole discretion, and any decisions by SP Digital in respect of the User’s entitlement to the Rewards shall be considered final, conclusive and binding upon the User. The list of Rewards shall be determined by SP Digital, and the Rewards offered are subject to their availability. SP Digital may in its absolute discretion cancel and/or delete and/or change and/or replace the Rewards that have already been earned by the User and/or credited into the User’s E-Account. The Rewards accrued in the User’s E-Account and which have not been redeemed by the User remain SP Digital’s property. The Rewards do not entitle the User to a vested right or interest and have no cash value. The Rewards are not redeemable for cash and are not transferable or assignable or exchangeable for any reason or any purpose. The Rewards are also not transferable between E-Accounts. The Rewards in the User’s E-Account are voided upon cancellation or termination of the User’s E-Account, howsoever caused. For the avoidance of doubt, the User shall not be entitled to any compensation or exchange in respect of any Rewards which are voided, lost, stolen or damaged.

Redemption may only be made upon verification of the User’s identity in accordance with the Terms & Conditions of Use. To the maximum extent permitted under applicable law, SP Digital does not make any warranty or representation on any product or service offered as Rewards and disclaim all and any liability in respect of such Rewards. Any dispute arising from or relating to the goods or services received as Rewards shall be settled between the User and the partner supplying the Rewards. SP Digital shall not be liable for any loss, injury, claim or damage arising from or relating to the Rewards (including the use of such partners’ goods and/or services) and/or the redemption process. For the avoidance of doubt and notwithstanding anything to the contrary in these Terms & Conditions of Use, SP Digital is not the agent of its partners and neither are the partners agents of SP Digital.

7. INTELLECTUAL PROPERTY

All Intellectual Property Rights in the Content, App and/or Services shall be absolutely owned by SP Digital for the full duration of all such rights and all throughout the world. No licence or right is granted and the User’s access to and/or use of this App, the Content and/or the Services should not be construed as granting, by implication, estoppel or otherwise, any license or right to use any Intellectual Property Rights in the App, Content and/or Services without the prior written consent of SP Digital or its Licensors.

The User hereby grants to SP Digital a non-exclusive, world-wide, royalty-free, perpetual and irrevocable, right and licence to use, host, store, reproduce, perform, display, distribute, adapt, modify, re-format and create derivative works of any and all Intellectual Property Rights in and to the User Content and the right to sublicense or transfer the foregoing rights to its Affiliates and such third parties designated by SP Digital. The User represents and warrants to SP Digital that it either owns the Intellectual Property Rights in and to the User Content and/or has valid licenses or other rights in relation to the Intellectual Property Rights in and to the User Content and has full authority to grant the aforementioned rights and licence to SP Digital The User warrants and represents that any transmissions or communications made by the User via the App and the User Content do not infringe the Intellectual Property Rights or any other rights of any third party.

8. ELECTRONIC COMMUNICATIONS

When the User accesses and/or uses the App or any of the Services or sends e-mails to SP Digital’s email address made available through the App, the User is communicating with SP Digital electronically. The User consents to receive communications from SP Digital electronically. SP Digital will communicate with the User by e-mail sent to the last updated address made known to SP Digital or by posting notices on the App. Where the communication is given by SP Digital to the User electronically, it will be deemed to have been received upon delivery (and a delivery report received by SP Digital will be conclusive evidence of delivery even if the communication is not opened by the User); and where the communication is given to SP Digital electronically, it will be deemed to have been received upon being opened by SP Digital. The User agrees that all agreements, notices, disclosures and other communications that SP Digital provides to the User electronically will satisfy any and all legal requirements that such communications be in writing.

9. ELECTRONIC FORM

The User agrees that these Terms & Conditions of Use in electronic form constitute a written document and therefore the User undertakes not to dispute or challenge the validity or enforceability of these Terms & Conditions of Use on the grounds that it is not a written document and the User hereby waives any such right that the User may have at law.

10. PAYMENTS

The User acknowledges and agrees to carry out a transaction with SP Digital in accordance with these Terms & Conditions of Use and the instructions set out in the App, which may be amended from time to time. The User further acknowledges and agrees that in the event the User fails to comply with these Terms & Conditions of Use and/or instructions set out in the App and such failure results in a transaction not being executed, SP Digital shall not be liable in any way for any loss and liability that the User may incur as a result of the non-execution of the transaction.

If SP Digital is unable to execute the User’s request to carry out a transaction (e.g. SP Digital does not receive the relevant money from the User), SP Digital will notify the User of the same and, if possible, inform the User of the reasons for such refusal and explain how to remedy the situation.

SP Digital may, in its sole discretion, delay the execution of the User’s request to carry out a transaction if there is reason to believe that the User’s request to execute a transaction may involve fraud or misconduct, and/or violates any of these Terms & Conditions of Use and/or applicable law.

Where the User makes payment through the App by debit/credit card, or using UNI$ Vouchers to offset the payment, the User acknowledges, agrees and consents that his/her Personal Data may be disclosed to third parties (located within and outside of Singapore) processing such debit/credit card transactions, including debit/credit card companies, banks and payment gateways, and, subject to their respective personal data privacy policies and applicable laws, may be used, processed and stored by such third parties to facilitate payments that the User now or subsequently makes.

When the User intends to make payment through the App for any Services provided by SP Digital, its Affiliates or a third party, payment to SP Digital of fees (for the purposes of SP Digital’s collection service to its Affiliates or third parties) shall be made in the manner prescribed by SP Digital, and SP Digital may provide an option for the User to use UNI$ Vouchers to offset the payment or send money to SP Digital via a designated online payment gateway.

Where the User makes payment through the App for third party services, the User acknowledges and agrees that the User shall be deemed to be the party making such payment directly to the relevant third party service provider or Affiliate (as the case may be) (regardless of whether the money is collected by an agent for and on behalf of the third party service provider or Affiliate), regardless of the payment method, how the payment is processed or transmitted, or how the relevant third party service provider receives the payment. The User may not claim against SP Digital or any of its agents, for any failure, disruption or error in connection with making payment through the App or the User’s chosen payment method. SP Digital reserves the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to the User or giving any reason.

Subject to Paragraph 8 of this clause herein, the User acknowledges and agrees that SP Digital’s records and any records of the communications, transactions, instructions or operations made or performed, processed or effected through the App and/or Services by the User, its Authorised Representative or any person purporting to be (or purporting to be authorised by) the User (whether or not authorised by the User), or any record of communications, transactions, instructions or operations relating to the operation of the App and/or Services and any record of any communications, transactions, instructions or operations maintained by SP Digital or by any relevant person authorised by SP Digital relating to or connected with the App and/or Services shall be binding on the User for all purposes whatsoever and shall be conclusive evidence of such communications, transactions, instructions or operations.

The User has a duty to examine and verify the correctness of any and all confirmations, statements, records and any other documents issued by SP Digital in relation to the E-Account, App and Services. The User further undertakes to promptly inform SP Digital in writing of any alleged error, irregularity, discrepancies or omissions in such documents. If no such notice is received by SP Digital within 14 days from the date stated in such documents, the User shall be (a) deemed to have conclusively accepted all content contained in such documents; and (b) liable for any and all losses arising from or in connection with any alleged error, irregularity, discrepancies or omissions in such documents.

Whether the User makes payment through the App for any Services provided by SP Digital or its Affiliates or for third party services, SP Digital may offer an option on the App for the User to elect to make recurring debit/credit card payments for specified Service transactions as set out on the App (the “Card Recurring Payment Arrangement”). For certain Affiliate payments, the User may also have the option to provide recurring payments to the Affiliate through GIRO (the “GIRO Recurring Payment Arrangement”).

At any point in time, the User shall only have one effective Recurring Payment Arrangement.

If the User accepts SP Digital’s option for Card Recurring Payment Arrangements, the User agrees to the following terms and conditions:

SP Digital does not accept payment via GIRO. All payments reflected on the App as GIRO refer to GIRO Recurring Payment Arrangements between the User and the relevant Affiliate.

GIRO payment arrangements shall be made directly between the User, the User’s bank and the relevant Affiliate by completion of the GIRO application form.

Additionally, User shall, where User is on such arrangement, terminate his/her existing Card Recurring Payment Arrangement on the App before the GIRO Recurring Payment Arrangement can be effective.

If the User does not terminate his/her existing Card Recurring Payment Arrangement on the App, the relevant Affiliate may contact the User for verification. If the User cannot be contacted, or does not verify the GIRO arrangement, the GIRO application shall lapse and the GIRO Recurring Payment Arrangement shall not be effected. User shall continue to remain on his/her previous payment method, provided no termination instruction was provided.

SP Digital shall not be liable to the User for any losses, expenses, delays, mistakes, neglect or omission in relation to the GIRO Recurring Payment Arrangements.

11. OTHER BUSINESSES

The App may provide links to websites or services of SP Digital, SP Digital’s Affiliates and certain other businesses and/or third parties. SP Digital and its Affiliates are not responsible for examining or evaluating, and do not warrant the offerings of, any of these businesses or individuals or the content of their websites or services. SP Digital does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. The User should carefully review their privacy statements and other conditions of use.

12. FURTHER AGREEMENTS

In addition to these Terms & Conditions of Use, the access and/or use of specific aspects of the App, Services and/or the Content may be subject to additional terms and conditions that SP Digital may prescribe.

Access and/or use of additional services of SP Digital’s Affiliates or other third parties may be provided through the App and/or Services under separate agreements with SP Digital’s Affiliates or such other third parties where necessary. Such agreements shall strictly be between the User and such SP Digital’s Affiliates or other third parties. Under no circumstances shall it be construed that, in the case of the User’s access to and use of the additional services of SP Digital’s Affiliates or any third party, SP Digital is a party to any transaction, if any, between the User and such Affiliate or third party, or that SP Digital endorses, sponsors, certifies or is involved in the provision of such additional services through the App and/or Services.

13. DISCLAIMERS

Certain links on the App, Content and/or Services may lead to websites or social media channels or apps not operated by or under the control of SP Digital or its Affiliates. The User shall access such websites, social media channels or apps at their own risk and SP Digital accepts no responsibility or liability for any damage caused or alleged to be caused by or in connection with the use of the material or functions contained on those websites, social media channels or app. Some parts of the App, Content and/or Services may contain advertising and/or other materials submitted by third parties. SP Digital has not conducted an independent review of the information from such websites or verified the accuracy of the contents of such websites or of the materials submitted by third parties and SP Digital shall not be responsible for any error, omission or inaccuracy in any such advertising or such other materials. SP Digital makes no representation, express or implied or statutory, that the information on such websites or the information in materials submitted by third parties, is accurate, complete and/or up-to-date. Any links to other websites, social media channels, apps or any advertising and/or materials submitted by third parties shall not be considered to be referrals or endorsements of such websites, social media channels, apps, advertising and/or materials and the links are provided purely for convenience or for informational purposes. The User agrees that the access to and/or use of such linked websites, social media channels, apps or advertising and/or materials submitted by third parties is entirely at the User’s own risk.

The App, Services and the Content are provided on an “as is” and “as available” basis. To the fullest extent permitted by law, SP Digital makes no and expressly disclaims all representations or warranties of any kind, express or implied or statutory, including without limitation to warranties of accuracy, adequacy, completeness, timeliness, merchantability, currency, reliability, satisfactory quality, fitness for a general or particular purpose, title, non-infringement of third party rights and authenticity of any material or claim, continued available or compatibility with any other equipment or other software, and to any implied warranty arising from the course of dealing or usage or trade.

The Content is only for general information or use. They do not constitute advice and should not be relied upon in making (or refraining from making) any decision. No oral advice or written information given through the App and/or the Services or by SP Digital or its officers, directors, employees, agents, third party service providers or third party content providers shall create a warranty nor shall the User rely on any such information or advice.

SP Digital does not warrant that the App, Content and/or the Services provided will meet all or any of the User’s requirements. In particular, SP Digital does not warrant that the App, Content and/or the Services will always be available, accessible, complete, uninterrupted, timely, secure or error free. Further, SP Digital makes no warranty that the App, Content and/or Services are free from Malware or defects which may affect the App, Content and/or Services generally.

SP Digital shall in no event be liable to the User if the User does not have a device which is compatible with the software of the App or if the User has downloaded the wrong version of the App. SP Digital reserves the right not to permit the User to access and/or use the App, Services and/or Content should the App be incompatible with the User’s device.

To the fullest extent permitted by law, SP Digital shall not, in any event, be liable to the User or any other party (including but not limited to the Authorised Representative) for any damages, losses, expenses, penalties or costs whatsoever (including without limitation, any direct, indirect, special, incidental or consequential damages, loss of profits or loss opportunity) arising in connection with the User’s use of the App, Content and/or Services, or the User’s reliance on any Content and/or Services, regardless of the form of action and even if SP Digital had been advised as to the possibility of such damages.

Without prejudice to Paragraph 6 of this clause, should any liability that cannot be excluded under Paragraph 6 be attributed to SP Digital, SP Digital’s Affiliates, and SP Digital’s respective directors, officers, employees, agents, contractors and licensors, the total liability shall not exceed in aggregate the sum of S$1,000.

14. INDEMNIFICATION

The User hereby agree to defend, indemnify and hold harmless SP Digital and its Affiliates, officers, directors, employees, agents, third party service providers, third party content providers and licensors ("SP Digital Indemnitees") from and against all damages, claims, expenses, penalties and costs (including indemnification of legal costs on a full indemnity basis arising out of the User’s and/or its Authorised Representative’s use of the App, Content and/or the Services) suffered or incurred by SP Digital Indemnitees in connection with or arising from (1) the User’s (or its Authorised Representative’s) access and/or use, or the User’s (or its Authorised Representative’s) purported access and/or use of the App, Content and/or Services;(2) the User’s or its Authorised Representative’s breach or purported breach of any of these Terms & Conditions of Use; (3) the enforcement of SP Digital’s rights under these Terms & Conditions of Use or in acting upon any instructions which the User or its Authorised Representative may give in relation to the App, Content and/or Services; or (4) any negligence, fraud and/or misconduct on the User’s or its Authorised Representative’s part.

15. TERMINATION

SP Digital shall be entitled to terminate the provision of the Services to the User immediately upon a breach by the User or its Authorised Representative of any of the terms of these Terms & Conditions of Use with or without prior written notice. In the absence of such breach, SP Digital may terminate the provision of the App, Services and/or Content to the User at any time in writing.

For the avoidance of doubt, the User may not evade any legal proceedings or investigations by cancelling the User’s E-Account with SP Digital or if the E-Account is terminated by SP Digital. The User will remain liable for all obligations related to the User’s E-Account even after the E-Account is cancelled or terminated.

Failure to comply with these Terms & Conditions of Use constitutes a material breach and may result in SP Digital taking all or any of the following actions:

SP Digital will determine, in its reasonable discretion, whether there has been a breach of these Terms & Conditions of Use through the User’s use of the App and/or the Services. When a breach of these Terms & Conditions of Use has occurred, SP Digital may take such action as it deems appropriate.

SP Digital has the right to disable the access of any User at any time, if in its reasonable opinion the User has failed to comply with any of the provisions of these Terms & Conditions of Use. SP Digital will notify the User of any suspension or restriction of the User’s E-Account and of the reasons for such suspension or restriction as soon as SP Digital can, unless notifying the User would be unlawful or would compromise SP Digital’s reasonable security interests.

SP Digital excludes liability for actions taken in response to breaches of these Terms & Conditions of Use. The responses described in these Terms & Conditions of User are not limited, and SP Digital may take any other action that it reasonably deems appropriate.

16. APP POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies, such as the SP Group Personal Data Protection Policy (https://www.spgroup.com.sg/personal-data-protection-policy) which may be updated and/or amended from time to time, which shall be deemed to be incorporated into these Terms & Conditions of Use. By using the App and/or the Services, the User agrees that all Personal Data of the User may be collected, used and disclosed by SP Digital, its Affiliates and partners in accordance with SP Group Personal Data Protection Policy, as may be updated and/or amended from time to time.

In addition to and without prejudice to any other consent which the User provides to SP Digital from time to time (for example through the SP Group Personal Data Protection Policy), the User hereby authorises and consents to SP Digital, its Affiliates and partners to collect, use and disclose the Personal Data of the User for the following purposes:

SP Digital reserves the right to make such changes to these Terms & Conditions of Use as SP Digital may in its discretion deem fit from time to time. SP Digital will notify the User of such amendments by posting the changes on the App or such other method of notification as may be designated by SP Digital (such as via email or other forms of electronic communications), which the User agrees shall be sufficient notice for the purposes of this paragraph. If the User does not agree to be bound by the changes to these Terms & Conditions of Use, the User shall immediately cease all access and/or use of the App and Services. The User further agrees that if he/she continues to use and/or access the App, Content and/or Services after being notified of such changes to these Terms & Conditions of Use, such use and/or access shall constitute an affirmative: (i) acknowledgement by the User of these Terms & Conditions of Use and its changes; and (ii) agreement by the User to abide and be bound by these Terms &Conditions of Use and its changes.

Where any or part of these Terms & Conditions of Use is deemed to be invalid, void, illegal or unenforceable, the legality, validity and enforceability of the remaining parts of these Terms & Conditions of Use shall not be affected or impaired thereby and shall continue in force as if such invalid, void, illegal or unenforceable part of these Terms & Conditions of Use was severed from these Terms & Conditions of Use.

17. REVISIONS

The Content are subject to change (including, without limitation, modification, deletion or replacement thereof) from time to time at the sole discretion of SP Digital and without notice to the User. SP Digital may upgrade, modify, alter, suspend, discontinue the provision of or remove, whether in whole or in part, this App, the Content and/or the Services at any time without notice and without assigning any reason therefore. SP Digital shall not be liable if any such upgrade, modification, suspension or alteration prevents the User from accessing this App, Content and/or the Services or any part thereof.

18. MISCELLANEOUS

The User may not assign any of his/her (or where the User is a business organisation, its) rights under these Terms & Conditions of Use without SP Digital’s prior written consent. SP Digital may assign its rights under these Terms & Conditions of Use to any of its Affiliates or any third party.

No failure or delay to exercise SP Digital’s rights under these Terms & Conditions of Use shall operate as a waiver thereof nor shall such failure or delay affect the right to enforce SP Digital’s rights under these Terms & Conditions of Use.

A person or entity who is not a party to these Terms & Conditions of Use (other than the Service Provider’s Affiliates) shall have no right under the Contracts (Rights of Third Parties) Act (Chapter 53B of Singapore) or any similar legislation in any jurisdiction to enforce any term of these Terms & Conditions of Use. Without prejudice to the generality of the above, SP Digital’s right to vary, amend or rescind these Terms & Conditions of Use in accordance with these Terms & Conditions of Use may be exercised without the consent of any person or entity who is not a party to these Terms & Conditions of Use.

User agrees and acknowledges that these Terms & Conditions of Use and the Services do not include the provision of Internet access or other telecommunication services by SP Digital. Any Internet access or telecommunications services (such as mobile data connectivity) required to access and use the Content and/or Services shall be the User’s sole responsibility and shall be separately obtained by User, at the User’s own cost, from the appropriate telecommunications or internet access service provider.

Nothing herein shall be construed as a representation by SP Digital and/or its Affiliates that the information and materials contained in or accessed through this App is appropriate or available for use in geographic areas or jurisdictions other than Singapore. By downloading and accessing and/or using this App and/or the Services, the User agrees that such access and/or use, as well as these Terms & Conditions of Use shall be governed by, and construed in accordance with, the laws of Singapore and the User agrees to submit to the exclusive jurisdiction of the Singapore courts.