MOBILE PAY TERMS AND CONDITIONS

WELCOME TO OUR WEBSITE.

PLEASE READ THESE TERMS AND CONDITIONS (INCLUDING THE DATA PROTECTION POLICY https://www.singhealth.com.sg/AboutSingHealth/Personal-Data-Protection-Act-PDPA/Pages/Home.aspx) CAREFULLY BEFORE USING THIS WEBSITE AND/OR THE SERVICES OR FUNCTIONS OF THE WEBSITE SO THAT YOU AS PAYOR ARE AWARE OF YOUR LEGAL RIGHTS AND OBLIGATIONS WITH RESPECT TO SINGAPORE HEALTH SERVICES PTE LTD AND/OR ITS RELATED CORPORATIONS, AFFILIATES AND SUBSIDIARIES (INDIVIDUALLY AND COLLECTIVELY, “SINGHEALTH”, “WE”, “US”, AS THE CASE MAY BE)

These T&Cs set out the terms and conditions upon which the Provider (defined below) makes available online payment functions to Payor (defined below).

By accessing and using this Mobile Pay website (“Website”) and/or the functions and services offered on or made available through the Website (“Website Functions”) and ticking the “I agree” box, Payor hereby agrees to be legally bound by these terms and conditions (“Mobile Pay T&Cs”) and Payor agrees to comply with them.

If you do not agree to these Mobile Pay T&Cs, please leave the Website and cease use of the Website, the Service and/or the Website Functions immediately.

We reserve the right to change, modify, suspend or discontinue the whole or any portion of the Website Functions or the Website at any time. We may also impose limits on Website Functions or restrict your access to parts of or the entire Website Functions, or the Website without notice or liability.

We may from time to time modify, vary or amend these Mobile Pay T&Cs at any time by posting the amended Mobile Pay T&Cs at this Website. Such modification shall be effective immediately upon posting on the Website. Any use of the Website Functions or the Website after the amendment of these Mobile Pay T&Cs shall be deemed to be acceptance of the amended Mobile Pay T&Cs by you. If you do not agree to the amended Mobile Pay T&Cs, you have the right to cease your use of the Website Functions.

To the extent that there are any inconsistencies or conflict between these Mobile Pay T&Cs and any other SingHealth terms and conditions, these Mobile Pay T&Cs shall prevail.

1. Definitions

1.1 The following terms shall bear the following definitions:

(a) "Payor", “you” or “your” (as the case may be) means the user of the Service;

(b) “Personal Data” means the data, whether true or not, about an individual who can be identified:

(i) from that data; or

(ii) from that data and other information to which the organisation has or is likely to have access

(c) "Provider” is the provider of Service, which shall be Singapore General Hospital Pte Ltd, Changi General Hospital Pte Ltd, Sengkang Health Pte Ltd, KK Women’s and Children’s Hospital Pte Ltd, National Cancer Centre of Singapore Pte Ltd, National Dental Centre of Singapore Pte Ltd, National Heart Centre of Singapore Pte Ltd, Singapore National Eye Centre Pte Ltd, or SingHealth Polyclinics (and such other SingHealth entities as may be relevant from time to time;

(d) “Service” refers to the electronic payment service offered by the Provider which may be accessed by Payor via Website or the relevant mobile application;

2. Service

2.1 The Service provided herein is conditional upon your acceptance of and compliance with these Mobile Pay T&Cs.

2.2 You may use the Service only for the purpose of making payment for goods, services and transactions which you have procured from any of the Providers.

2.3 It is your responsibility to ensure that all the information provided by you via the Service is accurate and complete, including the amount which is payable by you to the relevant Provider and the description of the goods, services or transactions for which you are making payment. If you have made an error, you must contact the Provider immediately. The rectification of any errors shall be subject to the terms and conditions of the payment solutions provider, and at the discretion of Provider. Provider shall not be liable for any loss or damage arising from or in connection with such errors which may be suffered by you.

2.4 You will be bound under a separate agreement to other terms with the third party facilitating / providing services for that chosen payment method. Provider does not, and the Payor agrees and acknowledges, that Provider is not a party to, and is not liable for anything arising from or in connection with such separate agreement. Without prejudice to the foregoing, you may not claim against the relevant Provider or SingHealth for any failure, disruption or error in connection with Payor’s chosen payment method.

2.5 Each Provider and SingHealth reserves the right at any time to modify or discontinue, temporarily or permanently, any payment method (including provision of the Service) without notice to you or giving any reason.

3. No Refunds via the Service

3.1 Without prejudice to any other terms in these Mobile Pay T&Cs, Providers are unable to issue refunds to the Payor via the Service. Should Payor require a refund (ie. due to overpayment), Payor shall approach the relevant Provider HERE and each refund will be dealt with on a case by case basis.

3.2 In the event of any dispute over any payment which has been made by you to the relevant Provider via the Service, you acknowledge and agree that the records maintained by the Provider in respect of any payments payable by you to the relevant Provider shall be final, binding and conclusive between Payor and the relevant Provider. You hereby agree that all such records are admissible in evidence and that you shall not challenge or dispute the admissibility, reliability, accuracy or the authenticity of such records merely on the basis that such records are in electronic form or are the output of a computer system, and you hereby waives their rights, if any, to so object.

4. Payment

4.1 You will be issued with an electronic confirmation as to whether your transaction is successful or not after a payment transaction. Only upon issuance of an electronic confirmation that your transaction is successful will payment be considered to have been successfully made by you.

4.2 In the event that payment is not successfully made by you, you shall remain liable for all outstanding sums payable by you to Provider (including any fees and penalties which may be incurred in connection with the outstanding payment). Provider has the right to charge late interest on all outstanding payments in accordance with Provider’s prevailing terms and conditions of service.

4.3 Without prejudice to the foregoing, Provider has the right to refuse any particular payment transaction made by Payor using the Service, at any time and for any reason.

5. Payor's Obligations

5.1 Where Payor undertakes any interactive communication with or provide any information or data to Provider through the use of the Service available within the Website or mobile application, Payor shall ensure that all information posted or permitted or caused to be posted by Payor is true and accurate and shall be solely responsible for the contents therein.

5.2 Payor shall ensure that the information provided by Payor to the Service is not misleading or inaccurate.

5.3 Payor shall ensure that Payor, in using the Service does not violate any applicable laws or rights, and does not contain or will not import any viruses or other disabling devices which may interfere, damage, intercept, access or expropriate any system, data or information of Provider or other third parties.

5.4 Without prejudice to the foregoing, Payor shall:

(a) comply with these Mobile Pay T&Cs, and such other notices or guidelines that may be posted on the Website from time to time;

(b) not do, or omit to do, or attempt to do, any other act or thing which may interfere with the proper operation of the Service or activities carried out as part of the Service or otherwise than in accordance with the terms of these Mobile Pay T&Cs;

(c) not use any Website Function or Content for any unlawful purpose;

(d) not hack into, interfere with, disrupt, disable, over-burden or otherwise impair the proper working of the Website or the Website Functions, including without limitation denial-of-service attacks, spoof attacks, session hacking, sniffing, tampering, reverse engineering or reprogramming;

(e) not use any information obtained from the Website or the Website Functions to harass, abuse or harm another person.

5.5 The Payor shall promptly provide to Provider, upon request, any additional information which Provider may consider necessary in providing the Service.

5.6 Payor shall ensure that Payor has logged out of all payment-related applications and closed all browser windows including those of the Website or relating to the Service when not in use.

6. Intellectual Property Rights

6.1 The intellectual property rights in and to the Website, Website Functions and all the content of the Website, including the designs, text, information, news, listings, graphics, images, videos, logos and button icons, editorial content, notices, applications, software (including HTML-based computer programs), music, sound and other files and their selection and arrangement (“Content”) are either owned by Provider or are licensed to Provider.

6.2 The trademarks, logos and service marks ("Marks") displayed on the Website are the property of Provider or other third parties, and all rights to the Marks are expressly reserved by Provider or relevant third parties. You are not permitted to use any Marks without the prior written consent of Provider or such third party. The name of Provider or any other Marks may not be used in any way, including in any advertising or publicity, or as a hyperlink without the prior written permission of Provider.

6.3 The domain name on which the Website is hosted on is the sole property of SingHealth and/or Provider (as the case may be) and you may not use or otherwise adopt a similar name for your own use.

7. Use of Website Content

7.1 You may not reproduce, modify, adapt, translate, publish, display, communicate, transmit, broadcast, frame, scrape, podcast, webcast, distribute, sell, trade or exploit for any commercial or other purposes, any portion of, or any access to (unless otherwise expressly permitted in accordance with written law or with our prior written consent):

(a) the Website;

(b) any of the Website Functions; or

(c) any Content, except to the extent expressly permitted in these Mobile Pay T&Cs.

7.2 Without prejudice to the generality of the foregoing, you agree not to reproduce, display or otherwise provide access to the Website and/or the Website Functions or Content on another website or server, for example through linking, framing, mirroring or any other technological means whether available now or in the future unless the prior written consent of Provider is obtained.

7.3 You may, provided you have kept all copyright and other proprietary notices intact, download or print one copy of the information available on the Website for your personal, internal and non-commercial use only. Permission to reprint or electronically reproduce any part of the Website, Website Functions or Content whether in whole or in part for any other purpose is expressly prohibited without Provider’s prior written consent.

7.4 You may not decompile, reverse engineer or otherwise attempt to discover the source code of any Content available on the Website or provided through a Website Function except under the specific circumstances expressly permitted by law or Provider in writing.

7.5 Without prejudice to the rights and remedies which are available to Provider at law, Provider reserves the right to suspend or terminate your use of the Service if you repeatedly breach paragraphs 6 and 7.

8. Disclaimer of Warranties and Liability

DISCLAIMER: THIS WEBSITE AND THE INFORMATION IT CONTAINS IS MADE AVAILABLE ON AN "AS IS AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.

8.1 To the maximum extent permitted by law, you irrevocably agree and acknowledge that:

(a) the Website (together with any Website Functions, Content or other content or information provided by or through the Website) are provided on an “as is” and “as available” basis, with all faults and without any warranty of any kind. Your use of the Website and Website Functions is at your own risk and you are responsible for compliance with all applicable laws;

(b) Provider conveys the information available on the Website without responsibility for accuracy and any errors contained in such information shall not be made the basis for any claim, demand or cause of action;

(c) Provider does not warrant that the content on this Website, the Website or any of the Website Functions will be free of interruption or that the Website is free of viruses, worms, Trojan horses, other harmful elements or other code that manifest contaminating or destructive properties. Provider is not responsible for telecommunications, network, electronic, technical or computer failures of any kind, inaccurate transcription of entry information, errors in any promotional or marketing materials, errors in these rules, any human or electronic error;

(d) Provider does not warrant that the Website Functions contained in or performed or enabled by or through the Website will meet your requirements, that the operation of the Website and/or Website Functions will be uninterrupted or error-free, or that defects in the Website and/or Website Functions will be error-free. Without prejudice to the foregoing, Provider does not warrant and hereby disclaims any representation, warranty or term with respect to the Website or the Website Functions, whether express, implied or statutory, including but not limited to:

(i) merchantability, satisfactory quality, fitness for a particular purpose, title, accuracy, quiet enjoyment, and non-infringement of third party rights, or as to the accuracy, correctness, reliability, timeliness, non-infringement of or compliance with any laws, regulations and/or third party rights in connection with the Website, Website Functions or Content;

(ii) the Website or any Website Functions associated therewith being uninterrupted or error-free, or that defects will be corrected or that the Website and any related computer system is and will be free of all viruses and/or other harmful elements;

(iii) the Website Functions or Content will at all times be available and/or accessible;

(iv) the Website or Website Functions being compatible or working with any third party software, applications or third party services;

(e) Provider shall bear no liability whatsoever in connection with the design, development or administration of any aspect of the Website or Website Functions, your interactions with the same or your participation in any Website Functions;

(f) Provider is not liable for any delay or failure of the Website or the Website Functions to perform. There is no guarantee that you will be able to access the Website whenever and wherever desired. There may be extended periods of time when you cannot access the Website for various reasons, many beyond Provider’s control.

8.2 You expressly acknowledge and agree that, to the maximum extent permitted by applicable law, use of the Website and any Website Functions and performed by or accessed through the Website is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you.

9. Indemnity

9.1 You agree to indemnify, defend and hold harmless Provider, SingHealth, and each of Provider’s and SingHealth’s respective officers, directors, employees and agents from and against all claims, demands, losses, expenses, damages, costs and liability, including reasonable attorneys' fees, arising out of or in connection with any breach of these Mobile Pay T&Cs, any breach of any applicable law by you, your breach of any third party’s rights, your use of the Website, the Service or the Website Functions or any activity related to your use of the Website (including but not limited to infringement of third parties' worldwide intellectual property rights or negligent or wrongful conduct).

9.2 This clause shall survive the termination or expiration of these Mobile Pay T&Cs (howsoever caused).

10. Limitation of Liability

10.1 To the maximum extent permitted under applicable law:

(a) Each of Provider, SingHealth and its respective officers, directors, employees and agents shall not be liable for any claim, damage or loss of any kind of any nature whatsoever caused and howsoever arising as a result (whether direct or indirect) of or otherwise in connection with your use of or reliance on the Service, the Website or Website Functions (or inability to use the Service, delays in transmissions, service or system failure or error, interruptions or computer viruses), including but not limited to any claim, damage or loss suffered (whether incidental, special, indirect or consequential) as a result of or in connection with any reliance on the Service, any Content or other content or any other information made available or accessed on or through the Website or contained in or available from the Website, including without limitation any loss of data, profits, goodwill, anticipated savings, reputation, business or business opportunity, regardless of the cause thereof and even if Provider, SingHealth and its respective officers, directors, employees and agents have been advised of the possibility thereof; and

(b) in no event shall Provider, SingHealth and its respective affiliates’, officers’, employees’, agents’, partners and service providers’ be liable to you for any and all damages other than as may be required by applicable law in cases involving personal injury).

11. Personal Data

11.1 Provider’s collection, use and disclosure of your Personal Data is governed by the SingHealth Data Protection Policy, the terms of which are also incorporated into these Mobile Pay T&Cs by reference and apply your use of this Website.

11.2 It is a continuing condition of your use of this Website that you agree to the terms of the SingHealth Data Protection Policy as amended from time to time.

12. Transfer of Rights

12.1 You may not transfer any rights or obligations you may have under these Mobile Pay T&Cs. Provider reserves the right to transfer or to subcontract any right or obligation under these Mobile Pay T&Cs at Provider’s sole discretion without your consent.

13. Severability

13.1 If any term or provision of these Mobile Pay T&Cs is found by a court of competent jurisdiction to be illegal, invalid or otherwise unenforceable, such term or provision shall not affect these Mobile Pay T&Cs’ other terms or provisions, or the whole of these Mobile Pay T&Cs, but such term or provision shall be deemed modified to the extent deemed necessary to render such term or provision enforceable, and the rights and obligations of the parties shall be construed and enforced accordingly, preserving to the fullest permissible extent the intent of the parties and these Mobile Pay T&Cs’ purposes.

14. Exclusion of Third Party Rights

14.1 No person other than the Payor, Provider and SingHealth shall have any right under the Contracts (Rights of Third Parties) Act (Chapter 53B) to enforce any of the terms of these Mobile Pay T&Cs.

15. Third Party Sites and Links

15.1 The Website may provide links to third party sites. Providers have no control over such third party sites, and you acknowledge and agree that Providers are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, services or materials on or available through such sites or resources, including Third Party Content. You further acknowledge and agree that Providers shall not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with use of or reliance on any content, goods or services on or available through any such site or resource.

15.2 You acknowledge and agree that your access to and/or use of third party sites is entirely at your own risk, and that third party sites usually have their own terms and conditions, including privacy policies, over which Providers have no control, and which will govern your rights and obligations with respect to the use of those sites and resources.

15.3 Providers do not warrant that the third party sites will meet your requirements or that the same will not cause you any loss of any kind. You agree that to the maximum extent permitted by law, Providers shall not be liable for any loss or damage of any kind incurred in connection with your use or reliance on any content, information or other materials on or available through such third parties.

15.4 In addition to the above, you acknowledge and agree that the Service may contain links to the websites of third parties which may link you to the websites of third parties for the purposes of processing payment, including but not limited to the SingPass authentication service and the website of Network for Electronic Transfers (Singapore) Pte Ltd. You may have also reached this Service through other third party websites.

15.5 These third party websites may not be maintained by Provider and Provider is not responsible for the contents of such other websites and shall not be liable to any person for any loss, damage or injury caused thereby or as a result of access to such other websites. Any links to other websites do not imply Provider’s endorsement of the linked websites or association with its operators. The use of any such link is entirely at your own risk, and you may be subject to additional terms and conditions when using and accessing such links.

16. Governing Law and Dispute Resolution

16.1 These Mobile Pay T&Cs shall be governed and construed in accordance with the laws of Singapore.

16.2 Any dispute arising from the use of the Service or in relation to these Mobile Pay T&Cs shall be submitted to the exclusive jurisdiction of the courts in Singapore.