Mobile Application
Terms of Use
Updated 17 November 2020
INTRODUCTION
1. Live on Purpose Limited (“we,” “us” or “our”) aims to use technology to simplify the giving process by making giving easier and more efficient, with real time relevant information for givers and social workers/community workers. These Terms and Conditions constitute a legally binding agreement made between you, whether personally, or by you on behalf of an entity (“you”) and us, concerning your access to and use of our mobile application (“App“), as well as any other digital platform, media form, or media channel, related, linked, or otherwise connected thereto (collectively, “Service”).
2. You agree that by accessing the App, you have read, understood, and agree to be bound by all of these Terms and Conditions. If you do not agree with all of these Terms and Conditions, then you are expressly prohibited from using the Service and you must discontinue usage immediately.
3. Supplemental terms and conditions or documents that may be posted on the App from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole and absolute discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason.
4. It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the App after the date whereby such revised Terms and Conditions are posted.
5. The information provided on the App is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to the applicable law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
6. Accordingly, those persons who choose to access the App from locations outside of Singapore do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent such local laws are applicable.
7. The App is intended for users who are at least 18 years old. Parents/ guardians must read and agree to these Terms and Conditions and agree to directly supervise and be responsible for any users who are below the age of 18, and whom you permit to use the App.
USER GENERATED CONTRIBUTIONS
8. Our Service provides you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials on the App, including but not limited to text, writings, video, audio, photographs, graphics, personal information or other material (collectively, “Contributions“).
9. Contributions may be viewable through third-party websites or social media platforms. As such, any Contributions submitted by you may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
(a) the creation, distribution, transmission, public display, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark of any third party;
(b) you are the creator and owner of or have the necessary licenses, rights, consents, and permissions to use and to authorise us to use your Contributions in any manner contemplated by the App and these Terms and Conditions;
(c) you have the written consent and/or permission of every identifiable individual in your Contributions to use the name or likeness of every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the App and these Terms and Conditions;
(d) your Contributions are not false, inaccurate, or misleading;
(e) your Contributions are not obscene, harassing, libellous, or otherwise objectionable (as determined by us);
(f) your Contributions do not contain any material that is not suitable for an audience under the age of 18;
(g) your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms and Conditions, or any applicable law or regulation.
10. Any use of the App in violation of the foregoing violates these Terms and Conditions and may result in, among other things, termination or suspension of your rights to use the App.
11. You are solely responsible for your Contributions to the App and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
12. We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorise any Contributions to place them in more appropriate locations on the App; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
YOUR REPRESENTATIONS AND FURTHER OBLIGATIONS
13. By using the App, you represent and warrant that:
(a) all registration information you submit will be true, accurate, current, and complete;
(b) you will maintain the accuracy of such information and promptly update such registration information as necessary;
(c) you will take reasonable steps to keep your account secure;
(d) you agree to comply with these Terms and Conditions;
(e) you are 18 years old and above;
(f) you will not use the App for any illegal or unauthorised purpose including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.
14. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the App (or any portion thereof).
15. Where you are representing an organisation to create an account on the App, you represent that you have been appointed by the organisation as an authorised representative. In addition:
(a) You shall be solely responsible for any and all use of your account on the App and not sell, transfer or allow any other party to use the account. Without prejudice to the generality of the foregoing, you shall notify us immediately if unauthorised use of your account is suspected.
(b) You shall ensure that all equipment used to access the App are well maintained and employ the use of updated anti-virus programs to prevent such equipment from acquiring and transmitting such viruses or programme.
(c) You shall be responsible for a bank account in Singapore to receive donations.
(d) Where the organisation you represent is an Institute of Public Character (“IPC“), you will ensure that tax deductible receipts are issued to donors [if requested by donors] and submit the donors’ particulars to IRAS for tax deduction.
(e) You shall inform us immediately in writing if there are changes to your organisation’s charity and/or IPC status, where applicable.
(f) You shall remain accountable for donations received through the App, including but not limited to enquiries from donors regarding your organisation’s programmes, financial information and use of funds.
(g) We have obtained the consent of donors to disclose their Personal Data to you only to allow you to process and administer the donation (as further set out in our Privacy Policy https://liveonpurpose.sg/privacy-policy/ (“Privacy Policy”). You shall not use such Personal Data for any other purpose (including without limitation, sending marketing materials to the donors) without first seeking express consent from the donors.
PROHIBITED ACTIVITIES
16. You may not access or use the App for any purpose other than that for which we make the App available, except for those purposes that have been specifically approved by us.
17. As a user of the App, you agree not to:
(a) retrieve data or other content from the App to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
(b) use the App to advertise or offer to sell goods and services;
(c) circumvent, disable, or otherwise interfere with security-related features of the App, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the App and/or the Content contained therein;
(d) make improper use of our support services or submit false reports of abuse or misconduct;
(e) engage in any automated use of the system, such as using data gathering and extraction tools;
(f) interfere with, disrupt, or create an undue burden on the App or the networks or services connected to the App;
(g) attempt to impersonate another person or sell or otherwise transfer your profile;
(h) use any information obtained from the App in order to harass, abuse, or harm another person;
(i) use the App as part of any effort to compete with us or otherwise use the App and/or the Content for any revenue-generating endeavour or commercial enterprise;
(j) decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the App;
(k) attempt to bypass any measures of the Site designed to prevent or restrict access to the App, or any portion of the App;
(l) harass, annoy, intimidate, or threaten any member of our team engaged in providing the App to you;
(m) delete the copyright or other proprietary rights notice from any Content;
(n) copy or adapt the App’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code;
(o) upload or transmit (or attempt to upload or to transmit) viruses, or other material that interferes with any party’s uninterrupted use and enjoyment of the App or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the App;
(p) disparage, tarnish, or otherwise harm, in our opinion, us and/or the App; and
(q) use the App in a manner inconsistent with any applicable laws or regulations.
MOBILE APPLICATION LICENSE
18. We grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you, and to access and use the App on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms and Conditions.
LINKS FROM / TO THIS SITE
19. As part of the functionality of the App, the App may redirect you to other online social network accounts that you have with third-party service providers (each such account, a “Third-Party Account”) to enable you to share Contributions on the App to such Third-Party Account(s) (“Social Network Content“). We will not store any information relating to your Third-Party Account(s) on our server.
20. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the App.
21. You will have the ability to disable the connection between your account on the Site and your Third-Party Accounts at any time.
22. Please note that your relationship with the third-party service providers associated with your third-party accounts is governed solely by your agreement(s) with such third-party service providers.
23. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content.
24. You can deactivate the connection between the App and your Third-Party Account by contacting us using the contact information below or through your account settings (where applicable).
THIRD-PARTY WEBSITES AND CONTENT
25. The App may contain (or you may be sent via the App) links to other websites (“Third-Party Websites“) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content“).
26. Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the App, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.
27. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the App and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms and Conditions no longer govern.
28. You should review the applicable terms and policies, including privacy and data gathering practices, and of any website to which you navigate from the App. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.
29. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
OUR RIGHTS
30. We reserve the right, but not the obligation, to:
(a) monitor the App for violations of these Terms and Conditions;
(b) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions, including without limitation, reporting such user to law enforcement authorities;
(c) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
(d) in our sole discretion and without limitation, notice, or liability, to remove from the App or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems;
(e) otherwise manage the App in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
PRIVACY AND PERSONAL DATA
31. You may be required to provide certain information about yourself when you use the Service. All personal data which we may collect, use, disclose or process is subject to our Privacy Policy https://liveonpurpose.sg/privacy-policy/. By using the Service, you consent to all actions taken by us, in compliance with our Privacy Policy. You represent and warrant that you have the right to upload the personal data to use the Service.
INTELLECTUAL PROPERTY RIGHTS
32. Unless otherwise indicated, the App is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the App (collectively, “Content”) and the trademarks, service marks, and logos contained therein (“Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of Singapore and international conventions.
33. The Content and the Marks are provided on the App “AS IS” for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the App and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
34. Provided that you are eligible to use the App, you are granted a limited license to access and use the App and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the App, the Content and the Marks.
35. We respect the intellectual property rights of others. If you believe that any material available on or through the App infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”).
TERMINATION
36. These terms and conditions shall remain in full force and effect while you use the App. Without limiting any other provision of these terms and conditions, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the App (including blocking certain ip addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these terms and conditions or of any applicable law or regulation. We may terminate your use or participation in the App or delete your account and any content or information that you posted at any time, without warning, in our sole discretion.
37. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.
38. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, and criminal remedies.
MODIFICATIONS AND INTERRUPTIONS
39. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the App.
40. We cannot guarantee the App will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the App, resulting in interruptions, delays, or errors.
41. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the App at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the App during any downtime or discontinuance of the App.
42. Nothing in these Terms and Conditions will be construed to obligate us to maintain and support the App or to supply any corrections, updates, or releases in connection therewith.
GOVERNING LAW AND DISPUTE RESOLUTION
43. These Terms and Conditions as well as our Privacy Policy shall be governed by and construed in accordance with the laws of Singapore, without regard to the conflict of laws principles.
44. Any dispute arising out of or in connection with these Terms and Conditions, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules“) for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The Tribunal shall consist of 3 arbitrators. The language of the arbitration shall be English.
DISCLAIMER
45. The App is provided on an as-is and as-available basis. You agree that your use of the App and our services will be at your sole risk.
46. To the fullest extent permitted by applicable law, we disclaim all warranties, express or implied, in connection with the App and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
47. We make no warranties or representations about the accuracy or completeness of the App’s content or the content of any websites linked to the App and we will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the App, (3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from the App, (5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the App by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the App.
48. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the App, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services.
LIMITATIONS OF LIABILITY
49. In no event will we or our personnel be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the App, even if we have been advised of the possibility of such damages.
INDEMNIFCATION
50. You agree to defend, indemnify, and hold us harmless, including our partners and personnel, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the App; (3) breach of these Terms and Conditions; (4) any breach of your representations and warranties set forth in these Terms and Conditions; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the App with whom you connected via the App.
51. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
52. Visiting the App, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the App, satisfy any legal requirement that such communication be in writing
MISCELLANEOUS
53. These Terms and Conditions and any policies or operating rules posted by us on the App constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.
54. These Terms and Conditions operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
55. If any provision or part of a provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.
56. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of the App.
CONTACT US
57. In order to resolve a complaint regarding the App or to receive further information regarding use of the App, please contact us at:
