1.2 By using Linkpass, you are agreeing to these Terms. If you do not agree to these Terms, please do not use Linkpass.
1.3 Linkpass is provided by NTUC Link Private Limited ("we", "us" or "our"). If you have any questions about these Terms or Linkpass, please contact us via the web form at https://support.link.sg/hc/en-us/requests/new.
2.1 In these Terms, unless otherwise defined or unless the context otherwise suggests, when the following words and phrases are used, they will have the following meanings:
- "Approved Recipients" means the National Trades Union Congress, NTUC Club and NTUC Enterprise group of social enterprises listed in Annex A which are requesting for your information, and that are approved by you to receive your Login Credentials as a means of electronic identification, authentication or authorisation for NTUC SE Online Services.
- "Content" means any and all data, information, images, text, messages, notifications, digital content and/or media that may be uploaded, created, produced, generated, stored and/or transmitted through the use of Linkpass.
- "Intellectual Property Rights" means any and all rights existing from time to time, whether existing now or in the future, under any trademark law, copyright law, patent law, trade secret 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.
- "Linkpass" means the single sign on electronic identification, authentication or authorisation service of NTUC Link Private Limited where users need to sign in just one time to get access to all NTUC SE Online Services. When LinkPass is set up, users can sign in to their selected NTUC SE Online Services directly without having to complete another registration process for each NTUC SE Online Services, to the extent permitted by applicable laws and subject always to these Terms.
- "Login Credentials" means your user name, email address, mobile number, password and/or any other unique login, identification or credential issued, prescribed or otherwise approved by us to allow you to use Linkpass.
- “NTUC SE Online Services” means the websites and/or mobile applications of the Approved Recipients as set out in Annex A.
- "Organisation" means a company, partnership, association or other organisation or body corporate.
- "PDPA" means the Personal Data Protection Act 2012.
- "Personal Data" has the same meaning as set out in the PDPA.
- “Profile Data” refers to data (including Personal Data) linked with your user profile under your account with the relevant Approved Recipient(s) for the relevant NTUC SE Online Services, which may contain data provided by you through Linkpass and/or such other channels as may be prescribed by us from time to time, as well as other data from data source(s) approved by us.
2.2 Unless the contrary intention appears, in these Terms :
- headings are inserted for convenience only and do not affect the interpretation of these Terms;
- words importing the singular include the plural and vice versa;
- references to persons are to be construed as references to an individual or a body corporate as the context requires;
- the words, "include" "includes" and "including" are to be read as if they are followed by the phrase "without limitation"; and
- any reference to any Act of Parliament includes any amendment, replacement or re-enactment to that Act and includes any subsidiary legislation made under that Act.
3 Usage Terms
3.1 Subject to Clause 3.2 and unless otherwise authorised by us, we grant you a non-exclusive, limited, revocable, non-sub-licensable and non-transferrable right to use Linkpass for your personal and/or non-commercial use only.
3.2 If you use Linkpass on behalf of an Organisation, you represent and warrant that you have been authorised:
- to use Linkpass on behalf of the Organisation; and
- to bind the Organisation to these Terms.
In such circumstances, any reference to "you" in these Terms will include your Organisation.
3.3 You agree that you will not, directly or indirectly:
- modify, reverse-engineer, decompile, adapt, publish, redistribute or interfere with or intercept any transaction which is part of Linkpass (including authentication, password issuance and reset services);
- use Linkpass for any commercial purpose or for the benefit of any third party (save where authorised by us), including renting, selling, leasing or directly or indirectly charging others for use of Linkpass;
- reproduce or make any copies of the Linkpass, including any software therein;
- remove, circumvent, impair, bypass, disable or otherwise interfere with any feature of Linkpass, including any feature that (i) prevents or restricts access or use of any particular functionality or feature of Linkpass; or (ii) prevents or restricts the access to, or use of any Content that is made available or accessible through Linkpass;
- access, log into or use any account that is not yours, or which you are not validly authorised to access, log into or use;
- misrepresent or make false or misleading claims regarding Linkpass;
- use Linkpass for any illegal activity, unlawful purpose, or purposes prohibited by these Terms or in breach of these Terms;
- use any device, software, exploits, or routine, including any virus, Trojan horse, worm, time bomb, robot, spider, data-mining or data scraping tool or cancel bot intended to damage or interfere with the proper operation of Linkpass or to intercept or expropriate any Content or Personal Data from Linkpass;
- use Linkpass in any manner that could damage, disrupt, disable, overburden, or impair the operation of Linkpass or interfere with any person's use of Linkpass;
- while using Linkpass, upload, post or transmit any Content of any type that (i) is contrary to any law, statute or subsidiary legislation; (ii) is false, offensive, defamatory, inaccurate, misleading or fraudulent; or (iii) infringes or violates the rights of any person;
- use Linkpass to access data not intended for you; and
- solicit any password, Personal Data and/or Profile Data from any person or entity for the purpose of using Linkpass.
4 Your responsibility
4.1 It is your responsibility to ensure that all information of your Login Credentials is complete, accurate, true and correct before using Linkpass.
4.2 By using Linkpass, you consent to the sharing of your Profile Data to your selected Approved Recipient(s) for the purposes of creating an account with such Approved Recipient(s). You understand and agree that you are solely responsible for ensuring that your Profile Data is complete, accurate, true and correct at all times.
4.3 Save where otherwise expressly provided in the Terms, you acknowledge that we shall not be responsible or liable for the security, authenticity, integrity or confidentiality with regard to any transactions and other communications that involve you sharing your data through the use of Linkpass.
4.4 You acknowledge that we are not involved in and are not responsible for any transactions or communications made between you and Approved Recipients. You further acknowledge that you have no right or claim against us in respect of any transactions or communications between you and Approved Recipients involving the use of Linkpass. We neither endorse nor assume any responsibility for Approved Recipients and any products, services and functionalities provided to you by Approved Recipients arising from or in connection with the use of Linkpass. You acknowledge that you are solely responsible for any transactions or communications with Approved Recipients involving the use of Linkpass.
4.5 You must not disclose your Login Credentials to anyone (including family members and co-workers). You must ensure that your Login Credentials are kept confidential and secure at all times and are required to prevent any unauthorised use of NTUC SE Online Services by third parties.
4.6 You must notify us immediately if you know or suspect the confidentiality of your Login Credentials has been compromised or accessed without your permission. To protect the confidentiality of your Login Credentials, we may require you, from time to time, to change your Login Credentials and you agree to do so when required. If we are investigating suspected misconduct, or if you do not comply with these Terms, we may disable your Linkpass without giving any reason or prior notice. We are not liable or responsible for any loss or damage arising out of or in connection with your Linkpass being disabled.
5 Reservation of Rights
5.1 We reserve the right to change, modify or supplement these Terms at our discretion and at any time, by posting the changed, modified or supplemented Terms on or through NTUC SE Online Services, or through such other means as we may deem appropriate. Your continued use of Linkpass following the posting of any change, modification or supplement will constitute your acceptance of such change, modification or supplement. If you do not agree to any change, modification or supplement to these Terms, please do not use Linkpass.
5.2 We reserve the right to:
- update, enhance, upgrade, reduce, or otherwise modify or vary Linkpass, at any time, for any reason, with or without notice to you. These Terms will apply to all such updates, enhancements, upgrades, reductions, modifications or variations to Linkpass;
- suspend use of Linkpass, during times of maintenance (whether scheduled or unscheduled), without notice or liability to you whatsoever;
- deny or restrict use of Linkpass to you without ascribing any reasons and without liability to you whatsoever;
- discontinue or terminate Linkpass, at any time without notice or liability to you whatsoever, whereupon all rights granted to you under these Terms will also terminate immediately; and
- introduce, restrict or vary access to NTUC SE Online Services without notice or liability to you whatsoever.
5.3 Without limiting Clause 5.2, if your use of Linkpass is in breach of these Terms, we may immediately disable your Login Credentials and your use of Linkpass without notice and to take all such action as we consider appropriate, desirable or necessary.
5.4 We retain the discretion in determining whether or not to provide maintenance and support services for Linkpass, and if so, the type and nature of such maintenance and support services.
5.5 From time to time, we may issue, release or provide updates or upgrades to, or new versions of, Linkpass ("Updates"). Such Updates may take place and be implemented automatically, or may require action on your part. Please note that Linkpass may not operate properly or at all if the Updates are not installed or implemented by you. For the avoidance of doubt, we do not guarantee that such Updates will be made available on, or that such Updates will continue to be compatible with your existing device or its operating system.
6 Third Party Terms
6.1 Linkpass may require, enable, provide, or facilitate access to or use of website, software or services of a third party ("Third Party"), including NTUC SE Online Services and may be used in combination with software or services of such third parties to electronically identify, authenticate, and/or authorise users prior to their access or use of NTUC SE Online Services. In such an event, there may be additional terms governing such access or use (the "Third Party Terms") that will bind either us or you or both.
6.2 It is your responsibility to check and read the most up-to-date versions of these Third Party Terms and you are deemed to have notice of the same. In particular, you are deemed to have notice of any terms that we (under the Third Party Terms) are required to notify you of, and you agree to be bound by all the obligations in the Third Party Terms which are applicable to you as the end user.
6.3 If the Third Party Terms require you to enter into an agreement directly with the Third Party, then you agree to enter into such agreement, and in any event, to be legally bound by the Third Party Terms.
6.4 The links to the terms and conditions governing the access and use of participating NTUC SE Online Services are set out in Annex A.
6.5 You will not hold us liable for any damage or loss of any kind caused as a result (direct or indirect) of the use of such Third Party website, software or service, including any damage or loss suffered as a result of reliance on the contents contained in or available from such Third Party website, software or service.
6.6 For the avoidance of doubt, nothing in Linkpass will be considered an endorsement, representation or warranty of or by us with respect to any Third Party or any Third Party's content, products, services, functionalities or otherwise, even where the Third Party website, software or service may require the use of Linkpass. We make no representation or guarantee regarding the availability or content (including its truthfulness, accuracy, completeness, timeliness or reliability) of such Third Party content, product, service or otherwise and any use or reliance on the same by you is solely at your own risk.
7 Intellectual Property
7.1 You acknowledge that we own all titles, rights and interest, including Intellectual Property Rights, in and to Linkpass, including any software therein. You will not do or permit any act which is directly or indirectly likely to limit our rights, title or interest, in and to the same. Unless otherwise expressly permitted by 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 Linkpass. Without limiting the foregoing, you will not use in any way and will not reproduce any trademark, logo, trade name and/or similar mark that is associated with Linkpass, without our prior written consent.
7.2 You also agree to not remove, obscure, or alter our copyright notice, trademark, or other proprietary right notice contained within, applied to or made available or accessible in conjunction with or through Linkpass.
7.3 We do not represent or warrant that the use of Linkpass by you will not constitute an infringement or misuse of any third party right, including Intellectual Property Rights.
7.4 No part of Linkpass may be reproduced or reused without our prior written permission.
8 Disclaimers against Warranty, Representation and Liability
8.1 Linkpass is provided on an "as is" and "as available" basis without warranty of any kind. The accessibility and operation of Linkpass may rely on technologies outside our control. To the extent permitted by law, we do not make any representation or warranty of any kind whatsoever in relation to Linkpass and disclaim all express, implied and 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 any representation or warranty:
- as to the accuracy, completeness, correctness, currency, timeliness, reliability, availability, interoperability, security, non-infringement, title, merchantability, quality or fitness for any particular purpose of Linkpass; or
- that Linkpass or any associated function or feature will be continuously accessible, uninterrupted or error-free, or that defects will be corrected or that Linkpass and their servers are and will be free of virus or other malicious, destructive or corrupting code, programme or macro.
8.2 We will not be liable to you or any third party for any damage or loss of any kind whatsoever and howsoever caused, including any direct or indirect, special or consequential damage, loss of income, revenue or profit, lost or damaged data, or damage to your device, software or any other property, whether arising directly or indirectly in connection with any of the following:
- your use of Linkpass;
- any loss or unavailability of use of Linkpass, howsoever caused;
- any breakdown or malfunction of any equipment system or software used in connection with Linkpass, whether belonging to us or not, including any electronic terminal, server or system, or telecommunication or other communications network or system;
- any use, mis-use, purported use or mis-use or unauthorised use of Linkpass;
- your computer or hardware or any other device not working or functioning properly;
- any inaccuracy or incompleteness in, or error or omission in the transmission of Linkpass or any Content made available or accessible via Linkpass, or any NTUC SE Online Services;
- any delay, failure, or interruption in the transmission of the Linkpass or any Content made available or accessible via Linkpass or any NTUC SE Online Services, whether caused by delay, failure, or interruption in transmission over the internet or otherwise;
- any decision made or action taken by you or any third party in reliance upon Linkpass or any statement, opinion, representation, information or any Content made available or accessible via Linkpass or any NTUC SE Online Services; or
- any virus or other malicious, destructive or corrupting code, programme or macro in Linkpass.
8.3 Insofar as Linkpass facilitate or require the provision, use or functioning of, or are provided in conjunction with, other products, software, functionalities, materials and/or services, we make no representation or warranty in relation to such other products, software, functionalities, materials and/or services (including any representation or warranty as to timeliness, reliability, availability, interoperability, quality, security, fitness for purpose, non-infringement, suitability or accuracy).
8.4 You acknowledge that your use of Linkpass contains the possibility of human and machine errors, inaccuracies, omissions, delays, unavailability and losses, including the inadvertent loss of data or generated Content which may give rise to loss or damage suffered by you, and you agree that you will not hold us liable in any way whatsoever for the said loss or damage.
8.5 Without prejudice to the foregoing, no action may be brought by you against us, under these Terms or related to Linkpass, more than 1 year after the cause of action arose.
8.6 You shall indemnify us from and against any demand, suit or action made or brought by a third party (including liabilities, damages, costs, and expenses, including reasonable legal costs and expenses, related to such third-party claim) arising out of (i) your unlawful, fraudulent or reckless conduct, or your wilful misconduct; or (ii) your breach of any applicable laws as may be applicable in respect of your use of Linkpass.
9 Privacy Statement
9.1 During your use of Linkpass, we may be required to collect, store, use, disclose or process Personal Data belonging to you, or that may relate to a third party individual and that is provided by you. In this regard, we and the Approved Recipients will collect, use, store, disclose or process such Personal Data in accordance with the PDPA and our data protection policies.
9.2 Please refer to our privacy notice and the data protection policy of the Approved Recipients (which links are set out in Annex A) for more details, collectively the “Privacy Statement”. By using Linkpass, you acknowledge that you have read and understood the Privacy Statement, and that you agree to the terms of the Privacy Statement as may be amended from time to time. The Privacy Statement forms part of these Terms.
9.3 For the avoidance of doubt, the Personal Data belonging to you, or that may relate to a third party individual and is provided by you, may be collected, used, disclosed and/or processed for the purposes set out in the Privacy Statement, including any purpose that may be notified by us to you from time to time.
10 Rights of Third Parties
10.1 Subject to the rights of any Third Party (including Approved Recipients), a person who is not a party to these Terms will have no right under the Contracts (Rights of Third Parties) Act 2001 or otherwise to enforce any of its terms.
10.2 These Terms may be varied without seeking the consent of any third party.
11.1 You may not assign or sub-contract these Terms without our prior written consent.
11.2 We may assign, novate, transfer, or sub-contract the rights and liabilities in respect of Linkpass or these Terms, without notifying you and without further reference to you. Your acceptance of these Terms will also constitute your consent to such assignment, novation, transfer or sub-contract.
12 Governing Law and Dispute Resolution
12.1 These Terms and the use of Linkpass will be governed and construed in accordance with the laws of Singapore.
12.2 Subject to Clause 12.3, any dispute arising out of or in connection with these Terms or the use of Linkpass, including any question regarding the existence, validity or termination of these Terms, will be referred to and finally resolved in the Courts of the Republic of Singapore and you submit to the exclusive jurisdiction of the Courts of the Republic of Singapore.
12.3 We may, at our discretion, refer any dispute referred to in Clause 12.2 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, (a) the seat of the arbitration will be Singapore; (b) the tribunal will consist of 1 arbitrator to be agreed upon in accordance with the SIAC Rules, except that if no agreement is reached within 30 calendar days after receipt by one party of such a proposal from the other, the arbitrator will be appointed by the Chairman of the SIAC; (c) the language of the arbitration will be English; and (d) all information, pleadings, documents, evidence and all matters relating to the arbitration will be confidential.
12.4 Where we are a defendant or respondent, we will have at least 30 calendar days before the commencement of any legal action against us to elect to exercise the right under Clause 12.3 to have the dispute submitted to arbitration. This right to elect will not limit our right to a limitation defence and the period to exercise the right will not be abridged by reason of any accrual of a limitation defence in our favour during the said period.
13.1 Any termination of your use of Linkpass under these Terms (howsoever occasioned) will not affect the coming into force or the continuance in force of any provision of these Terms which is expressly or by implication intended to come into or continue in force on or after such termination.
13.2 If any provision of these Terms is held by a court or tribunal of competent jurisdiction to be invalid or unenforceable, then these Terms, including all remaining provisions, will remain in full force and effect as if such invalid or unenforceable provision had never been included.
13.3 No delay by us in enforcing any provision of these Terms will be construed to be a waiver of any of our rights under that provision.
13.4 Any notice that we intend to give to you may be posted on the NTUC SE Online Service or sent to you to any contact information you may have provided us or the Approved Recipients. You are deemed to have received notice of the same upon us posting or sending such notice to you.