TERMS AND CONDITIONS OF USE

THIS MOBILE APPLICATION for AGIL Trace ("Mobile App") is made available to you, the user of this Mobile App, by ST ELECTRONICS (Info-Software Systems) Pte. Ltd. (UEN: 198601030N), a company incorporated in Singapore and having its registered office at 1, Ang Mo Kio Electronics Park Road, #04-01, ST Engineering Hub, Singapore 567710 ("STEE-InfoSoft").

BY DOWNLOADING AND REGISTERING to use this Mobile App, you confirm your acceptance of these terms and conditions of use ("Terms").


1. User Licence, Mobile App and Service

1.1. Subject to your compliance with these Terms, STEE-INFOSOFT hereby grants you free of charge a non-exclusive, non-transferable, revocable licence to use this Mobile App for your personal, non-commercial use, and only on the Device as permitted by the applicable Platform Terms and in accordance with these Terms. All other rights in this Mobile App are reserved by STEE-INFOSOFT.

1.2. STEE-INFOSOFT reserves the right to publish revisions to or replace this Mobile App. In any such event, you consent to STEE-INFOSOFT migrating your User Licence, including all relevant user account information, to such new versions or replacement Mobile App without requiring notice or consent. STEE-INFOSOFT further reserves the right to discontinue this Mobile App and/or the Service at any time, whereupon your User Licence shall be terminated.

1.3. STEE-INFOSOFT shall be entitled immediately or at any time in whole or in part to suspend or terminate your User Licence and your use of the Mobile App and/or the Service if you commit, or STEE-INFOSOFT reasonably suspects, that you have, might or will commit a breach of these Terms.


2. Conditions

2.1. You acknowledge and agree to the following:

2.1.1. You must be at least eighteen (18) years of age to use this Mobile App.

2.1.2. You shall provide STEE-INFOSOFT with proof of identity when reasonably requested or required.

2.1.3. You shall provide accurate, current, and complete information as required for the Service and keep it updated. You shall not furnish false data including false names and details. You agree that STEE-INFOSOFT may rely on your information as accurate, current, complete, and you shall maintain and update your information in a timely manner.

2.1.4. You shall not modify, reverse-engineer, decompile, adapt, publish, or redistribute the Mobile App, or otherwise interfere with or intercept any transaction or transmission of the Mobile App.

2.1.5. You shall not interfere with or attempt to interfere with any feature of the Mobile App, including masquerading as another account holder, circumventing security protection of the system, and exploiting or probing for security vulnerabilities.

2.1.6. You shall ensure that you download the correct Mobile App and use the most updated version for your Device. STEE-INFOSOFT is not be liable for the download and usage of wrong and/or outdated Mobile App on your Device.

2.1.7. You shall use this Mobile App and the Service only for their intended purposes only.

2.1.8. You shall not to use this Mobile App or Service or conduct yourself in such use that is in any way unlawful, illegal or unauthorised; defamatory of any other person; obscene or offensive; promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; infringes any copyright, database right or trade mark of any other person; is likely to harass, upset, embarrass, alarm or annoy any other person; is likely to disrupt the Service in any way; advocates, promotes or assists any unlawful act such as copyright infringement or computer misuse; and/or restricts or inhibits any other customer from properly using or enjoying this Mobile App or the Service.

2.1.9. You shall not introduce any virus, Trojan horse, worm, time bomb, robot, spider, data-mining or data scraping tool or bot into the Mobile App, or otherwise damage or interfere with the operation of the Mobile App, or intercept any data or perform any data exfiltration activity on the Mobile App.

2.1.10. You shall comply with all notices, policies and guidelines provided to you by STEE-INFOSOFT and all reasonable instructions and directions of Service Representatives in the use of this Mobile App and the Service, including but not limited to security and health and safety requirements. You shall not behave in a disrespectful, abusive or inappropriate manner towards STEE-INFOSOFT or Service Representative engaged in the supporting or operating this Mobile App and/or the Service.

2.1.11. You agree to be fully responsible and liable for all loss or damage you incur arising from or resulting from your breach of these Terms.

2.1.12. STEE-INFOSOFT is not responsible for providing any Device, Mobile Provider data plan, internet connectivity or other necessary equipment or facility to access or use this Mobile App and/or the Service. You are responsible for charges imposed by your Mobile Provider for your access to network connection service for the duration of the connection while accessing and using this Mobile App and any third party charges as may arise. STEE-INFOSOFT is entitled to assume that you are the bill payer or have received permission from the bill payer for using this Mobile App.

2.1.13. STEE-INFOSOFT does not endorse or recommend, is not an agent, reseller or distributor of, and has no control over products and Service of third parties, including, third party service providers, advertisers, sponsors, other users, advertised, featured on or made available on this Mobile App or the Service. STEE-INFOSOFT hereby expressly disclaim all liabilities and responsibilities arising in relation to the same.

2.1.14. Where you use services provided by Apple or Google (or any other third parties) in connection with your use of this Mobile App, you will be subject to the relevant Platform Terms and you should ensure that you have read such Platform Terms.


3. Intellectual Property

You agree that the Mobile App and Services contain proprietary information and material that is owned by STEE-INFOSOFT and/or its licensors, and is protected by applicable intellectual property and other laws, including Trademarks and copyright. You agree that you will not use such proprietary information or materials except for use of the Mobile App and Services strictly in accordance with these Terms. You shall not reproduce, modify, rent, sell, or distribute any portion of the Mobile App and the Services. For the avoidance of doubt, no license is granted to you under these Terms to use the Trademarks.


4. Liability

4.1. You agree to indemnify STEE-INFOSOFT for your breach of these Terms. STEE-INFOSOFT reserves the right to control the defence and settlement of any third party claim for which you indemnify STEE-INFOSOFT under these Terms and you will assist STEE-INFOSOFT in exercising such rights.

4.2. STEE-INFOSOFT provides this Mobile App and the Service on an ‘as is’ and ‘as available’ basis without any warranties or representations, express or implied. In particular, STEE-INFOSOFT does not warrant or make any representation regarding the validity, accuracy, reliability, timeliness or availability of this Mobile App or the Service. To the fullest extent permitted by applicable law:

4.2.1. STEE-INFOSOFT hereby excludes all warranties, whether express or implied, including but not limited to warranties of fitness of purpose, satisfactory quality, non-infringement, freedom from bugs or defects, operation on uninterrupted basis for any duration, service response, successful, accurate and secure transmission, receipt, retention or storage of information.

4.2.2. In no event shall STEE-INFOSOFT be liable to you with respect to use of this Mobile App and/or be liable to you for damage or loss whatsoever, including any direct, indirect, special or consequential damages including, without limitation, damages for loss of goodwill, lost profits, or loss, theft or corruption of your information, the inability to use this Mobile App, Device failure or malfunction. STEE-INFOSOFT shall not be liable even if it has been advised of the possibility of such damages, including without limitation damages caused by error, omission, interruption, defect, failure of performance, unauthorised use, delay in operation or transmission, line failure, computer virus, worm, Trojan horse or other harm.

4.3. Without prejudice to the foregoing, no action may be brought by you against STEE-INFOSOFT under these Terms or the Privacy Statement more than one (1) year after the cause of action arose.


5. Privacy Policy

Access to and use of this Mobile App and the Service provided by STEE-INFOSOFT is subject to the Privacy Statement. By accessing this Mobile App and by continuing to use the Service, you are deemed to have accepted the Privacy Statement, and in particular, you are deemed to have consented to STEE-INFOSOFT's collection, use and disclosure of Personal Data in the manner prescribed in the Privacy Statement.


6. Amendments and Variations

STEE-INFOSOFT may from time to time amend or vary these Terms, which shall become binding upon publication. You are responsible to check these Terms regularly for updates to ensure you are aware of any amendments or variations. If you continue to use this Mobile App, you are deemed to have accepted such amendments or variations. If you do not agree to such variations, you should not use this Mobile App.


7. General

7.1. These Terms shall be governed by the laws of Singapore. You agree to submit to the exclusive jurisdiction of the courts of Singapore to resolve any dispute between you and STEE-INFOSOFT arising under or in connection with these Terms. No party other than You and STEE-INFOSOFT shall be entitled to enforce these Terms. The application of the Contracts (Rights of Third Parties) Act (Cap 53B) is expressly excluded from these Terms.

7.2. If any provision (or part of a provision) of these Terms is found by any court or administrative/regulatory body of competent jurisdiction to be invalid, unenforceable or illegal, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

7.3. You acknowledge that you may not assign, transfer or sell your rights under these Terms without STEE-INFOSOFT's express written consent, which may be withheld for any or without reason. Any purported assignment without STEE-INFOSOFT's consent shall be deemed null and void.

7.4. STEE-INFOSOFT's failure to enforce any term, provision or condition of these Terms, including the breach or default thereof, by conduct, course of dealing or otherwise, in one or more instances shall not be deemed a waiver.

7.5. You acknowledge that you have not accepted or agreed to these Terms in reliance on any representations or other promises of STEE-INFOSOFT which are not specifically and expressly included herein.

7.6. The headings in these Terms are for convenience and shall have no force and effect.

7.7. You acknowledge and agree that these Terms including the Privacy Statement, constitute the entire agreement between you and STEE-INFOSOFT relating to the subject matter hereof, and any prior agreements, understandings, representatives and commitments concerning such subject matter, whether oral or written, are hereby superseded and terminated in their entirety and are of no further force or effect.


8. Definitions and Interpretation

8.1. In these Terms of Use, the following defined terms shall have the meanings so ascribed:

8.1.1. “Device” means the device which this Mobile App is installed and used.

8.1.2. “Mobile Provider” means the mobile network provider you engage at any time to access and use the Mobile App.

8.1.3. “Personal Data” means data about a living individual who can be identified from those data (or from those and other information either in STEE-INFOSOFT's possession or likely to come into STEE-INFOSOFT's possession).

8.1.4. “Platform Terms” means the terms and conditions and privacy policies of Apple, Google, or any other platforms that STEE-INFOSOFT may make this Mobile App available to you.

8.1.5. “Service” means the contact tracing and temperature recording service provided by STEE-INFOSOFT through this Mobile App.

8.1.6. “Service Representative” means personnel authorised by STEE-INFOSOFT to operate or assist in the support and operation of this Mobile App and the Service.

8.1.7. “Trademarks” means all trademarks, service marks, product marks, trade name, corporate name, logo, trade dress, domain name or any other indicator of source or origin used in or otherwise associated with this Mobile App and the Service, whether belonging to STEE-INFOSOFT, ST Engineering Electronics, or licensed by a third party.

8.1.8. “User Licence” means the licence to use this Mobile App as granted to you by STEE-INFOSOFT under these Terms.

8.2. In the event that STEE-INFOSOFT or another party has provided you with a translation of these Terms from the English language to another language, you agree that such translation is provided for convenience only; that the English language version of these Terms governs the relationship between you and STEE-INFOSOFT. In the event of conflict between the English language version of these Terms and such translation, the English language version shall take prevail. All disputes arising under these Terms shall be resolved in the English language.

8.3. These Terms incorporate the relevant Platform Terms depending on the version of this Mobile App you have downloaded. In the event of any conflict between these Terms and the Platform Terms, these Terms will prevail.