Terms of Use for Apps (Non-iOS)

Please review the terms of SPH Media Limited (“SPH Media”)’s Licence below before installing or using the SPH software or mobile application (“App’). 
By clicking on the “I Accept” or similar button and/or continuing with the installation or launch process for the App, you represent and warrant to SPH that you accept all the terms and conditions of the Licence below (“Licence Conditions”), and:

(i) you are the user of the App (“Licensee”) and are 18 years or above; or
(ii) you are the parent or guardian of the Licensee who is below 18 years, and you accept all the Licence Conditions on the Licensee’s behalf.

If you do not accept all the terms of the Licence, you must click the “Cancel” or similar button to stop the installation or launch process.

1. Licence
1.1 SPH hereby grants Licensee a personal non-exclusive licence to:
 
1.1.1 use the App;
1.1.2 access the SPH services available via the App (“Services”);
1.1.3 access the SPH mobile sites and websites available via the App (“Sites”) and
1.1.4 access the content available on or via the App (“Content”), subject to the terms set out in this Licence.
   
2. Scope of Licence
2.1 This Licence permits Licensee to use the App on a single smartphone or mobile device which is under Licensee’s personal control, for the sole purpose of performing the functions of the App and accessing the Content and Services for Licensee’s personal, non-commercial use subject to these Licence Conditions (“Permitted Use”).
2.2 Licensee shall not:
 
2.2.1 use or copy the App, Services, or Content other than as permitted by this Licence, or use the App, Services, or Content for any purpose other than the Permitted Use, or in any manner for which it was not intended;
2.2.2 modify, adapt, merge, translate, decompile, disassemble, or reverse engineer the App, Services, or Content except only to the extent that the applicable law provides that such cannot be prohibited;
2.2.3 transfer the App or Content to any third party or grant any third party any access to the App or Content or permit any person the right to use the App or Content;
2.2.4 reproduce, modify, adapt, translate, publish, display, communicate, transmit, broadcast, podcast, webcast, distribute, sell, trade or exploit the App, Services, or Content for any commercial or other purpose without the prior written consent of SPH;
2.2.5 use, sell, assign, rent, sub-license, loan, mortgage, charge or otherwise deal in any way in the App, Services, or Content or any interest in them or under this Licence except as expressly provided in this Licence; or
2.2.6 use the App, Services or Content for any unlawful purpose or any other purpose not authorised by this Licence.
2.3 Licensee understands and accepts that this Licence is strictly personal to Licensee, and the App, Services and Content are not intended, designed or permitted to be used, accessed or exploited by Licensee for any commercial purpose.  Without limiting the generality of the foregoing, Licensee may not use the App, Services or Content in any way to provide, or as part of, any commercial service or product.
2.4 Licensee hereby undertakes to comply with these Licence Conditions and such other terms, notices or guidelines of SPH that may be contained in the App, Services, or Content from time to time.
   
3. Term
3.1 This Licence shall continue unless and until terminated in accordance with these Licence Conditions.
3.2 This Licence shall terminate automatically if Licensee fails to abide by any of these Licence Conditions or uses the App, Services or Content outside the scope of Permitted Use.
3.3 SPH has the right in its sole and absolute discretion and without notice to restrict, suspend, or terminate this Licence and/or Licensee’s access to all or any part of the App, Services or Content, without assigning any reason.
3.4 Upon termination of this Licence, Licensee shall uninstall the App and shall erase all copies of the App under Licensee’s control or ownership and stored on any medium.
   
4. Data Use & Privacy
4.1 Please do not submit any personal information or data without first reading SPH’s Privacy Policy which explains SPH’s data use and privacy practices in detail.
4.2 All information which Licensee provides in connection with the App, Services or these Licence Conditions shall be current, true, accurate, supportable and complete.  Licensee shall promptly notify SPH in writing of any changes to such information.
   
5. Provision of App, Services, & Content
5.1 SPH reserves the right to change, modify, suspend or discontinue the whole or any portion of the App, Services, or Content at any time.  SPH may also impose limits on certain features or restrict Licensee’s access to part(s) or the entire App, Services, or Content without notice or liability.
5.2 SPH does not guarantee that the App, Services, or Content will be available at all times or at any given time.
5.3 From time to time SPH may run competitions, promotions and surveys via the App and Services, subject to additional terms and conditions.
   
6. Paid Apps & Paid Subscriptions
6.1 SPH may offer the use of any App and/or Services, subject to payment of a fee or other charges to SPH (“Paid App”) whether through an authorised third party online store (“Online Store”) or otherwise.  If you wish to use such Paid App, you shall make full and prompt payment to SPH of the applicable fees in accordance with the payment terms specified at the point of transaction.  All fees paid for any Paid App is non-refundable, subject to any applicable refund policy of SPH or the Online Store.
6.2 The App and/or Services may include functionality that enables Licensee to purchase content on a subscription basis via the Online Store from which the App and/or Services was purchased or otherwise directly with SPH (“Paid Subscriptions”). Clauses 6.3 and 6.4 shall only apply to Paid Subscriptions purchased via the Online Store.  For the avoidance of doubt, the Licence Conditions (excluding Clauses 6.3 and 6.4) shall continue to apply to Paid Subscriptions purchased directly with SPH, in addition to any other additional terms and conditions which may be separately agreed in writing between Licensee and SPH.
6.3 Upon confirmation of purchase via the Online Store, payment will be charged to Licensee.  Subject to the refund policies of the Online Store, Paid Subscriptions are non-refundable and no cancellation of the Paid Subscription is allowed during the current Paid Subscription period.  If Licensee decides to purchase a Paid Subscription prior to the end of the free trial period, the Paid Subscription will start immediately.
6.4 Paid Subscriptions purchased via the Online Store will automatically renew for the applicable time period selected, and Licensee will be charged no more than 24-hours prior to the expiration of the current Paid Subscription period.  Licensee may cancel the automatic renewal or manage the Paid Subscriptions by going to Licensee’s account settings and selecting the subscription Licensee wishes to cancel or manage.
   
7. Warranties and Remedies
7.1 SPH makes no warranty that the App, Services, or Content will meet Licensee’s requirements, be free from errors, viruses, malware or spyware, or that the operation of the App, Services or Content will be uninterrupted or error-free or that all errors in the App, Services or Content can be corrected.
7.2 Licensee installs and uses the App and accesses the Services and Content at Licensee’s own risk and in no event will SPH be liable for any loss or damage of any kind including direct or indirect losses, lost profits or other consequential loss arising from the use of or inability to use the App, Services or Content or from errors, deficiencies, viruses, malware or spyware in it whether caused by negligence or otherwise, or from any problem caused by the App, Services or Content to any computer system, smartphone or mobile device, subject to any applicable restrictions imposed by law on such exclusion of liability.
7.3 Notwithstanding any other provision of these Licence Conditions, the sole liability of SPH to Licensee under or in relation to these Licence Conditions or the performance of SPH’s obligations hereunder, whether in contract, tort or other cause of action, shall not exceed in the aggregate the amount paid by Licensee for the App (less any non-refundable transaction and service fees paid to third party payment processor(s) or debit/credit card companies).
7.4 The data and information made available on or through the App, Services and Content are of a general nature and do not purport, and shall not in any way be deemed, to constitute an offer or provision of any professional or expert advice. Licensee should at all times consult a qualified expert or professional adviser to obtain advice and independent verification of the information and data contained herein before acting on it.
7.5 Licensee agrees that the above exclusions and limitations of liability enable the App, Services and Content to be provided by SPH at either reasonable costs or no costs to Licensee.
7.6 All queries, complaints or claims in respect of the App, Services or Content, including any issue relating to technical difficulties, support and maintenance, product liability, or non-compliance with consumer protection or other laws or regulations, shall be directed to and handled by SPH.  If Licensee has any queries or complaints or believes he/she has any claims against SPH in respect of the App, Services, or Content, please contact SPH at: sphcc@sph.com.sg.
   
8. Intellectual Property
8.1 The copyright, patents, trade marks, registered designs and all intellectual property rights in the App, Services and Content including without limitation the copyright in the App and Content, shall vest in and remain with SPH and its Content providers, and SPH and its Content providers reserve and retain all rights in the App, Services and Content.
8.2 The trademarks, logos and service marks ("Marks") displayed on the App, Services and Content are the property of SPH or other third parties, and all rights to the Marks are expressly reserved by SPH or relevant third parties.  Licensee is not permitted to use any Marks without the prior written consent of SPH or such third party.  SPH and its subsidiaries aggressively enforce their intellectual property rights to the fullest extent of the law.  The name of SPH or any other Marks may not be used in any way, including in any advertising or publicity, or as a hyperlink without prior written permission of SPH.
   
9. Sites & Content
9.1 All access and use of Sites including all content available therein, will be subject to the terms of the Website Terms and Conditions, including those governing the use of SPH Content and User Content (as both terms are defined therein), which Licensee has read and agrees with.
   
10. Third Party Linked Sites, Content & Materials
10.1 SPH may provide links to third party sites that may be of relevance and interest to users.  SPH has no control over, and is not responsible for the content on such sites or for any damage Licensee may incur from such sites (including any virus, spyware, malware, worms, errors or damaging material contained in such sites) or the availability of any content on such sites, and Licensee hereby irrevocably waives any claim against SPH with respect to such sites.
10.2 SPH may also use or provide certain third party software, applications, tools or materials (“Third Party Materials”) in conjunction with or via the App, Services or Content.  SPH has no control over, and is not responsible for the Third Party Materials or for any damage Licensee may incur from such Third Party Materials or the availability of such Third Party Materials, and Licensee hereby irrevocably waives any claim against SPH with respect to such Third Party Materials.  Licensee further agrees to comply with any additional third party terms and conditions applicable to the use of such Third Party Materials.
   
11. Location-Based Services
11.1 To provide location-based services or functionalities via the App or Services, SPH, its affiliates, partners and/or service providers may collect, transmit and use Licensee’s precise location data, including real-time geographic location of Licensee’s smartphone or mobile device, and/or other relevant data and Licensee’s hereby agrees to the collection, transmission and use of Licensee’s location data or other data for the provision of the location-based services or functionalities via the App or Services.
11.2 The App and Services may also use or incorporate location-based application programming interfaces (APIs) for real-time route guidance (including, but not limited to, turn-by-turn route guidance and other routing that is enabled through the use of a sensor). Licensee’s understands and agrees that use of any real time route guidance application is at Licensee’s sole risk, and that any location data provided may not be accurate or error-free.
   
12. Cellular Network
12.1 Use of the App and/or Services may require access to the cellular network.
12.2 Certain mobile network operators may prohibit or restrict the use of Voice over Internet Protocol (VoIP) functionality over their network, such as the use of VoIP telephone over a cellular network and may impose additional fee or other charges in connection with VoIP.  Licensee should check the terms of agreement with Licensee’s mobile network operator prior to purchasing or using the App and/or Services.
12.3 If the App and/or Services allow Licensee to send SMS messages, standard text messaging rates or other carrier charges may apply to messages sent via SMS.
   
13. Licensee Obligations
13.1 Licensee acknowledges that the Sites, Content and Services are used by a community of users, and Licensee hereby agrees and undertakes:
 
13.1.1 to treat all users with respect and civility;
13.1.2 not to annoy, pester, solicit, harass, threaten, offend, insult, abuse, defame, or injure any other users, or commit any unlawful or tortious acts against other users;
13.1.3 not to spam, mail bomb, send viruses, spyware, malware, worms or other damaging material to other users, or act in any manner that adversely affects the use of the Sites, Content or Services by other users;
13.1.4 not to harvest or otherwise collect information about users, including email addresses, without SPH’s prior written consent.
13.2 Licensee agrees that when using the Services, Licensee will:
 
13.2.1 only upload or publish materials, information, news, advertisements, listings, data, input, text, songs, audio, video, pictures, graphics, software, blogs, webcasts, podcasts, broadcasts, messages, software, comments, suggestions, ideas and other content (individually and collectively, “User Content”) in strict compliance with Clause 14 below;
13.2.2 not offer items and/or services which are illegal, banned, unlicensed, controlled, or socially or morally reprehensible items;
13.2.3 not offer items and/or services, or submit, upload or publish User Content, in an incorrect or inappropriate category or area on the Site, including without limitation posting unauthorised advertisements in any forum, discussion or message boards that is open and accessible to users of the Services; and
13.2.4 not alter, delete, manipulate, undermine or interfere with the listings or postings of any other licensee.
13.3 Any infringing, fraudulent, abusive, or otherwise illegal activity, or any breach of these Licence Conditions, shall be grounds for termination of Licensee’s use of the App, the Sites, and/or the Services, at SPH's sole and absolute discretion, and Licensee may be reported to appropriate law-enforcement agencies.
13.4 Without prejudice to SPH’s rights of restriction, suspension and termination under Clause 3 above, SPH reserves the right to terminate Licensee’s licence to use the App and/or access to all or any part of the Sites or Services if Licensee is in breach of any of these Licence Conditions or if SPH believes that Licensee has been using the App, the Sites or any of the Services for unlawful and/or undesirable activities.
13.5 Licensee agrees to indemnify and hold SPH, and its subsidiaries, affiliates, officers, agents, partners, and employees, harmless from all claims, demands, actions, proceedings, liabilities (including statutory liability and liability to third parties), penalties, and costs (including without limitation, legal costs on a full indemnity basis), awards, losses and/or expenses, due to or arising out of:
 
13.3.1 any advertisements, listings, postings or User Content placed by Licensee;
13.3.2 any products and services offered, sold, provided, or advertised by Licensee;
13.3.3 Licensee’s use of any Services;
13.3.4 Licensee’s breach of warranty, or breach of any terms and conditions of these Licence Conditions; or
13.3.5 Licensee’s misrepresentation, fraudulent acts, tortious acts, breach of contract, or violation of any rights of another person or entity.
   
14. User Content
14.1 Licensee shall exercise respect when participating in the any community feature on the Services which permits Licensee to upload or submit User Content.
14.2 Licensee may not submit, upload or publish through SPH any User Content that is inaccurate, misleading, libellous, defamatory, threatening, pornographic, obscene, indecent, lewd, abusive, illegal, racist, religious, blasphemous, false, an infringement of any intellectual property rights of a third party, or would otherwise violate or encourage the violation of any law (including the Official Secrets Act (Cap.213)) or the proprietary or other rights of any third party (individually and collectively “Improper Works”).  Furthermore, Licensee may not submit or publish User Content that solicits funds, or includes programs that contain viruses, Trojan horses, worms, time bombs or any other programs designed to impair the operation and functionality of the App, the Sites, Services, or any computer.
14.3 If, at any time Licensee uploads or posts User Content to any Site or otherwise via the App, Licensee automatically:
 
14.3.1 and irrevocably grants and assigns to SPH an equal share of all intellectual property rights, title and interests (including copyright) in the User Content, in all forms and media, and in all countries of the world, to be co-owned as tenants-in-common, with full rights to use, license, exploit and enforce the said intellectual property rights and to assign the above share of co-ownership, and without any obligation for SPH to account to Licensee for any proceeds thereof, and Licensee also agrees and undertakes to execute at the request of SPH, such other instruments, assurances or documents, as may be required to vest in SPH, or required for SPH to register in any jurisdiction, all the title or rights as referred to herein.  For the avoidance of doubt, and without derogation from the above, SPH and its affiliates, subsidiaries and subcontractors (including its Internet content hosting servers and delivery networks) shall have a non-exclusive, royalty-free, irrevocable, perpetual and worldwide right to use (including without limitation, to store, reproduce, modify, distribute, publish, display, communicate, transmit, broadcast, podcast, webcast, or broadcast) and to sub-licence the User Content whether or not in connection with the provision of the Services, the App and/or on or via the Sites, other websites, and other printed and online publications and newspapers; and
14.3.2 represents and warrants that:
 
(i) all such User Content are Licensee’s own original works and creations and do not and will not infringe the copyright or any other intellectual property or other rights of any third party;
(ii) none of the User Content is proprietary or confidential;
(iii) none of the User Content constitutes Improper Works, nor will any User Content expose SPH to any civil or criminal proceedings in any part of the world; and
(iv) the use by SPH and other users for the purposes and in the manner set out in this Clause 14.3, and the hosting of such User Content by SPH on its servers will not require any further licences from, or infringe any intellectual property or other rights of, any third party.
14.4 SPH at all times retains the sole discretion to remove or decline to accept any User Content from the App or Sites without assigning any reason whatsoever.  Without limiting the foregoing right, SPH may monitor the Sites for Improper Works (but is not obliged to do so) and reserves the right to remove any User Content which SPH believes are Improper Works, or which is the subject of any dispute.
14.5 SPH may in its sole and absolute discretion lift the restriction or suspension of Licensee’s access to the Sites, or Services, if SPH is satisfied that the User Content no longer constitutes Improper Works or is the subject of any dispute.
14.6 Licensee agrees to indemnify and hold SPH, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from all claims, demands, actions, proceedings, liabilities (including statutory liability and liability to third parties), penalties, and costs (including without limitation, legal costs on a full indemnity basis), awards, losses and/or expenses, due to or arising out of User Content Licensee submits, post to or transmit through the App, the Sites or the Services.
   
15. Notification of Infringement
15.1 SPH reserves the sole right to investigate notices of copyright, trademark and other intellectual property infringement (“Infringement”) in respect of the App, Services and Content (“Infringing Material”) and take appropriate action including any defence, settlement and/or discharge of such Infringement claim.  If Licensee believes that his work has been used or copied in a way that constitutes Infringement and such Infringement is occurring on the App, Services or Content, please notify SPH in writing immediately in the form and containing the information prescribed by the Singapore Copyright Act (Cap. 63) (“Infringement Notice”).
15.2

All Infringement Notices shall be sent to SPH addressed as follows:

The Company Secretary
1000 Toa Payoh North, News Centre, Singapore 318994
+65 6319 6319
+65 6319 8388
ipadmin@sph.com.sg
15.3 SPH will duly consider all Infringement Notices submitted in the above manner.  In return, Licensee agrees not to take any legal action or exercise any legal remedy Licensee may have against SPH in respect of any Infringing Material, unless Licensee has first given SPH the Infringement Notice and sufficient opportunity to remove the Infringing Material, and thereafter SPH refuses or fails to remove the Infringing Material within a reasonable time.  Where SPH removes the Infringing Material in response to Licensee’s Infringement Notice, Licensee agrees not to exercise and hereby waives any right of action against SPH under applicable law which Licensee may have in respect of any Infringing Material prior to such removal by SPH.
15.4 Licensee acknowledges and agrees that SPH has no control and cannot undertake responsibility or liability in respect of Infringing Material appearing on third party sites.
   
16. Jurisdictional Issues
16.1 The App, Services and Content are owned and provided by SPH in Singapore.  SPH makes no representation that the App, Services and Content are appropriate or available for use in all locations.  Those who choose to install or access the App, Services and Content from any other location do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
   
17. Indemnity
17.1 Licensee agrees to indemnify and hold SPH, and its subsidiaries, affiliates, officers, agents, partners, and employees, harmless from all claims, demands, actions, proceedings, liabilities (including statutory liability and liability to third parties), penalties, and costs (including without limitation, legal costs on a full indemnity basis), awards, losses and/or expenses, due to or arising out of:
 
17.1.1 any installation, access and use of the App, Services and/or Content;
17.1.2 Licensee’s breach of any terms and conditions of this Licence;
17.1.3 Licensee’s violation of any rights of another person or entity; or
17.1.4 Licensee’s breach of any statutory requirement, duty or law.
   
18. Severability
18.1 If any provision of these Licence Conditions is found to be illegal, void or unenforceable under any law that is applicable hereto or if any court of competent jurisdiction in a final decision so determines, these Licence Conditions shall continue in force save that such provision shall be deemed to be deleted.
   
19. Relationship of Parties
19.1 Nothing in these Licence Conditions shall constitute or be deemed to constitute an agency, partnership or joint venture between SPH and Licensee and neither party shall have any authority to bind the other in any way.
   
20. Waiver
20.1 No waiver of any rights or remedies by SPH shall be effective unless made in writing and signed by an authorised representative of SPH.
20.2 A failure by SPH to exercise or enforce any rights conferred upon it by these Licence Conditions shall not be deemed to be a waiver or variation of any such rights or operate so as to bar the exercise or enforcement thereof at any subsequent time or times.
   
21. Rights of Third Parties
21.1 Except as provided for in Clause 17, a person or entity who is not a party to these Licence Conditions shall have no right under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce any term of these Licence Conditions, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description.  Notwithstanding the foregoing, the consent of any third party is not required for any variation (including any release or compromise of any liability) or termination of these Licence Conditions.
   
22. Force Majeure
22.1 No party shall be liable for any failure to perform its obligations under these Licence Conditions if the failure results from a Force Majeure Event (defined below), provided always that whenever possible, the affected party will resume that obligation as soon as the Force Majeure Event occasioning the failure ceases or abates.
22.2 For purposes of these Licence Conditions, a “Force Majeure Event” is an event which is a circumstance or event beyond the reasonable control of a party which affects the general public in that party’s country or in the territory, and which results in the party being unable to observe or perform on time an obligation under these Licence Conditions.  Such circumstance or event shall include industrial action or labour disputes, civil unrest, war or threat of war, criminal or terrorist acts, government action or regulation, telecommunication or utility failures, power outages, fire, explosion, natural physical disasters, epidemic, quarantine restrictions, and general failure of public transport.
   
23. Governing Law & Jurisdiction
23.1 These Licence Conditions and all matters relating to Licensee’s access to, or use of, the App, Content and the Services shall be governed by and construed in accordance with the laws of Singapore including without limitation the provisions of the Singapore Evidence Act (Chapter 97) and the Electronic Transactions Act 2010 (No 16 of 2010), without giving effect to any principles of conflicts of law.
23.2 Licensee hereby agrees to submit to the non-exclusive jurisdiction of the Singapore courts.

(Last updated on 5 September 2011)