TERMS AND CONDITIONS
IMPORTANT - PLEASE READ THE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE AUTHENTICATION SERVICES. IN AGREEING TO AND ACCEPTING THESE TERMS AND CONDITIONS, OR BY USING THE AUTHENTICATION SERVICES, YOU ACCEPT THESE TERMS AND CONDITIONS OF USE. IF YOU DO NOT ACCEPT THEM, DO NOT USE THE AUTHENTICATION SERVICES.
You understand and agree that you are using the Authentication Services at your own risk. You are advised to carefully read the enclosed complete terms and conditions governing your use of the Authentication Services (the "Terms and Conditions of Use").
We particularly bring to your attention that the Authentication Service is essentially a second factor authentication (2FA) mechanism. Your respective service providers (whose online services you are seeking to access) will remain responsible for providing and maintaining your first factor authentication credentials (1FA), e.g. login IDs and security passwords. Therefore, YOU MUST NOT rely on our 2FA Authentication Services to address/rectify any compromise of your 1FA information, including any compromise of the security of your 1FA information.
Further, under the Terms and Conditions of Use, we will hold you responsible for all transactions (including financial losses) carried out through the use of your 2FA Security Information and devices, even if these transactions were carried out without your authorisation. As such, it is vital for you to safeguard and keep confidential both your 1FA and 2FA information at all times.
In providing the Authentication Services, we cannot and do not guarantee merchantable quality or fitness for purpose (including accuracy, adequacy, timeliness, reliability, performance, security or continued availability). We shall not be liable to you and you shall have no claim against us for any form of loss or damage, arising directly or indirectly, from using the Authentication Services.
By using the Authentication Services, you represent that you have read and agreed to the complete Terms and Conditions of Use. If you do not accept any of the said terms, you must immediately cease using the Authentication Services.
NAF Authentication Services: Terms and Conditions of Use (hereinafter the "Agreement")
1. This Agreement sets out the terms and conditions upon which Assurity Trusted Solutions Private Limited ("ATS") (Singapore Co. Regn No. 201013383H) will provide second factor Authentication Services to you. The first factor authentication to access and use the Third Party Service Provider Services shall at all times be separately provided by the respective Third Party Service Providers and we shall not in any way be responsible or involved in the provision of such first factor authentication access.
2. Subject to Clause 4 below and upon approval of your application for Authentication Services, we will issue you the relevant Security Information and a Security Device for your use in accordance with this Agreement. Your registration, activation and/or use of the Security Device and/or the Authentication Services shall be considered your acceptance of the terms and conditions of this Agreement. If registration has been carried out on your behalf by your service provider, your acceptance is upon your activation and use of the Security Device and/or the Authentication Services.
Your download, installation and use of the Software-token (a type of Security Device) shall be governed by these Terms and Conditions of Use and the End-User License Agreement which can be found at https://portal.assurity.sg/naf-web/okmtermsconditions.do
3. You undertake to submit true, accurate and complete particulars or information when applying for, and throughout your use of, the Authentication Services. Your application and use of Authentication Services and the Security Device are subject to our approval (as set out in Clause 4 below). We will not be responsible for the consequences of any of the particulars or information being incomplete, inaccurate, garbled or obsolete and we are entitled to act on such particulars and information notwithstanding the possibility that they may conflict with other particulars, information or instructions given by you. You represent, by submitting your application for Authentication Services that you have the right and capacity to enter into this Agreement.
4. We reserve the right to refuse and reject any application for Authentication Services without assigning a reason for such refusal. Our acceptance of your application is subject to factors including, the fulfilment of eligibility criteria, the provision of required documents and agreement to terms and conditions specified by us.
Representatives of Corporate Subscribers
5. Where you are a corporate subscriber, you may, by informing the relevant Third Party Service Provider in the manner specified in the agreement between the Third Party Service Provider and you, choose to authorise Representatives to access and use the Authentication Services on your behalf using your Security Device and you agree to be bound by any transactions or instructions originating therefrom.
6. Where you are an individual nominated by a corporate subscriber as its Representative, you hereby acknowledge and agree to the use of your personal Security Device for the purposes of accessing and using the Authentication Services for the benefit of the nominating corporate subscriber, and you agree to be bound by any transactions or instructions originating therefrom.
7. You agree that we are fully entitled to regard any authentication information submitted to us by the relevant Third Party Service Provider as conclusive of your authorisation of the Representative.
8. You shall at all times be fully responsible for all actions, failures, omissions and/or defaults of your Representative. We are at all times entitled to rely on and assume the authenticity and authority of the persons and/or Representatives effecting authentication via the Authentication Service. You expressly acknowledge and agree that we, our Affiliates and Providers are under no obligation to investigate the authenticity or authority of the persons and/or Representatives effecting authentication via the Authentication Service.
9. You expressly acknowledge and agree that we shall not be liable in any way for any damages, losses, costs, expenses, liabilities, whether direct or indirect, which arise from or are referable in any way to any revocation of the authorisation of your Representative.
Authorisation / Veracity of Authentication
10. Where applicable, we are entitled, but not obliged, to rely on all instructions and transactions carried out under the Security Device issued to you. Instructions to us given under your Security Information and pursuant to your Security Device are irrevocable and binding upon transmission notwithstanding that they may be unauthorised by You, given in error, forged, or are fraudulent. You expressly acknowledge and agree that we, our Affiliates and Providers are under no obligation to investigate the authenticity, accuracy and/or authority of any authentication request received or initiated through your Security Information.
11. Any risk of misunderstanding, error, loss, damage or expense resulting from the use of the Authentication Services is entirely at your own risk and we shall not be liable therefore.
Charges and Fees
12. We reserve the right to and may at our sole discretion, charge and revise fees (for example, subscription fees and per transaction fees) in relation to the use of the Authentication Services and for the provision of or any replacement of Security Device for whatever reasons from time to time. A list of prevailing fees and charges can be found at our Website. We shall use commercially-reasonable efforts to give reasonable notice to you of any variation to our fees and charges and other relevant information before they become effective, provided that the variation is within our control. Notwithstanding the above, we shall not provide advance notice to you where variations are required in an emergency or where it is not practicable, in our sole determination, to give such advance notice.
Conditions of Use
13. You agree to use the Authentication Services solely in accordance with the terms of this Agreement and, subject to Clauses 5 to 9, only for your personal use. ATS may from time to time issue any notices, guidelines and other instructions (such as operating rules and policies) relating to the use of the Authentication Services and the Security Device. You are required at all times to comply with the same, including any variations to the terms of this Agreement (See Clause 52). You agree and undertake:
(a) to immediately inform us of any changes in your particulars in writing in the form and manner prescribed by us on our Website. Any such changes shall only take effect on the date of our written notice to you acknowledging receipt of your notification;
(b) not to use or transmit any software or material which you know or have reason to suspect contains any viruses, malicious code, or damaging components which may interfere with the operation of the Authentication Services or corrupt data or software on or provided through the Authentication Services;
(c) not to monitor, interfere with, or reverse engineer the technical implementation of the Authentication Services (including the Security Devices) or otherwise intentionally compromise the security of the Authentication Service;
(d) not to transmit any materials or information through the Authentication Services which are or may be offensive, indecent, defamatory or which may not be lawfully disseminated under applicable laws;
(e) to ensure that any use of the Authentication Services and Security Device is duly authorised;
(f) to do all things necessary to preserve and maintain the integrity and security of the Authentication Services, including but not limited to ensuring that there is no unauthorised access and/or use of the Authentication Services or your Security Device, and that the Security Device is only accessible and/or made known to you, or your authorised Representatives (in the case of a corporate subscriber); and
(g) to use the Authentication Services in conformity with all applicable laws, the acceptable use policies of any connected computer networks and any applicable Internet standards.
14. If you have reason to believe that the security of the username, codes and/or passwords of your first factor authentication credentials ("1FA credentials") have been compromised, you shall immediately notify the relevant Third Party Service Provider responsible for issuing the 1FA credentials. At all times, it is vital that you take steps to prevent disclosure or compromise of your 1FA credentials, and you understand that our Authentication Services is not to be relied upon to address or forestall any possible compromise of your 1FA credentials. We further reserve the right (but shall not be obliged) to revoke, discontinue or suspend Authentication Services to you as may be advised by the Third Party Service Provider.
Other applicable terms
15. You further agree to be bound by the following terms and conditions:
(b) if you have requested for any services in addition to the Authentication Services, you further agree to be bound by such additional terms and conditions ("Additional Terms") that we may notify you of, from time to time, by such notification method as we may choose, including through the Website, in local newspapers, in displays at our offices, service centres or via publication through any media. Such Additional Terms shall be effective on and from the date specified in the notice. You will be required to indicate your acceptance of the Additional Terms prior to use of these services; and
16. Use of the Authentication Services will require the use of Security Information and your Security Device. Your Security Information and Security Device may be dispatched by us, at your risk:
(a) by standard surface mail to your last known address;
(b) by hand; or
(c) in such other manner as we may prescribe.
Insofar as the Security Information and/or Security Device are dispatched in accordance with the manner set out in this Agreement, you agree to hold us harmless in the event that they and/or other communication, items and information fail to reach you after dispatch, or if any other person intercepts or otherwise obtains possession of your Security Information and/or Security Device.
17. You are responsible for the confidentiality and use of your Security Information and Security Device. It is vital that you take steps to safeguard and prevent disclosure of the Security Information (including any passcodes generated by the Security Device) to any third party. You shall be liable for all financial loss incurred or Transactions carried out in connection with the use of the Security Device, without any recourse or claim against us in respect of any such use or purported use.
18. We may at our sole discretion require you to use, and shall issue to you, replacement Security Information and Security Device.
19. All Security Devices provided to you remain the property of ATS at all times. You must return all Security Devices promptly upon our request or upon cancellation or termination of the Authentication Services. The Security Device must not be altered and/or tampered with, disassembled or in any way copied or modified, and must not be dealt with or exploited in any way without our written authorisation.
20. You confirm that you have, or plan to have, one or more accounts with Third Party Service Providers that are using Authentication Services at the point of the application for the Security Devices, which are provided to you on the basis of such confirmation. In the event that your aforesaid confirmation is untrue, we reserve the right to recover from you our costs of providing the Security Devices to you, and the costs of such recovery including reasonable legal costs and expenses on an indemnity basis.
Misplaced or Compromised Security Information & Security Devices
20A. You shall immediately notify us in the manner stipulated at our Website if you have misplaced your Security Information or Security Device, or you have reason to believe that an unauthorised third party may be able to use or gain access to your Security Information or Security Device. Following the occurrence of such aforesaid event, we may at our discretion issue to you replacement Security Information and Security Device and charge a replacement fee.
Consent to disclosure/Provision of information
21. You consent that we and/or any of our personnel and/or agents will/may collect, use, disclose and/or process your Information for one or more of the following purposes:
(a) for and/or in connection with the use or facilitation of the use of the Authentication Service in relation to offering and/or providing you with Third Party Service Provider Services;
(b) to effect the Authentication Services or to comply with any order or request of any court or government or regulatory authority in any jurisdiction;
(c) to conduct survey(s), analysis or research activities to better manage and/or improve the quality of the Authentication Services;
(d) for and in connection with the verification of your identity, and identity details and/or personal details, including your identity card information, passport information, employment pass information, address, mobile number, contact details and other particulars in relation to offering and/or providing you with Third-Party Service Provider Services;
(e) for and in connection with the sale, supply, marketing, or promotion of any services or products or investigating any complaint or dealing with any query relating to the sale, supply, marketing, or promotion of any services or products (collectively, the "Marketing Related Purposes"), provided that you have separately already given your consent for your Information to be collected, used, disclosed and/or processed for the said Marketing Related Purposes;
(f) any other purposes for which you have given your consent.
(Clauses 21(a)-(e) hereinafter collectively referred to as the "Purposes").
We may/will need to disclose your Information to third parties, whether located within or outside Singapore, for one or more of the above Purposes, as such third parties would be processing your Information for one or more of the above Purposes. In this regard, you hereby acknowledge, agree and consent that we may/are permitted to disclose your Information to such third parties (whether located within or outside Singapore) for one or more of the above Purposes and for the said third parties to subsequently collect, use, disclose and/or process your Information for or more of the above Purposes. Without limiting the generality of the foregoing, such third parties include any of our Affiliates, Providers, Third-Party Service Providers, contractors/sub-contractors, service providers, and any other third party which has a legitimate business purpose for (a) obtaining such information or, (b) as we may consider necessary in order to effect the Authentication Services or to comply with any order or request of any court or government or regulatory authority in any jurisdiction.
If you provide us with any Personal Data relating to any third-party individual (e.g. information of your spouse, children, parents, parents-in-law, grandparents etc.), by submitting such information to us, you represent and warrant that you have obtained the consent of the relevant third-party to such collection, use and disclosure by ATS.
Our authority to collect, use, disclose and/or process Information as set out in this Clause 21 shall survive the termination of this Agreement. Our rights under this Clause shall be in addition and without prejudice to our other rights of disclosure under any applicable statutory provision and in law. Nothing herein shall be construed as limiting any of the aforementioned rights. Should you wish to withdraw your consent to the collection, use, disclosure and/or processing of your Information, whether in part or in whole, please contact our data protection officer in the manner prescribed in our Website.
If you do not supply certain Information to us (or if you do not grant consent or permission for us to collect, use, process and/or disclose your Information), this may/would result in us being unable to render the Authentication Services to you. Depending on the extent to which you do not permit us to collect, use, process and/or disclose your Information or the extent of Information which you do not provide to us, it may mean that we will not be able to establish or continue our relationship with you as your provider of Authentication Services. In which case, we will be unable to provide Authentication Services to you.
22. Neither we nor any of our employees, agents or contractors shall be liable for any loss, damage or expense suffered by you as a result of any disclosure of any Information which you have consented to us (and/or any of our employees, agents or contractors) disclosing.
23. You will provide us with any information or documentation that we may reasonably request relating to your use of the Authentication Services and shall cooperate with us in any related investigation or litigation.
24. You shall be responsible to notify us in the event of a change of your particulars or information provided, including without limitation your mailing address. In the absence of any notification from you regarding the aforementioned, we shall be entitled to rely on your last known mailing address, or such other mailing address as we may have on record.
25. You shall be responsible for obtaining and using your own facilities (including but not limited to computer terminals, modem, software, hardware, Internet access and telecommunications facilities) for accessing and using the Authentication Services. In addition you shall be fully responsible for ensuring that such facilities are adequate, suitable, compatible and appropriate for the purposes of accessing and using the Authentication Services in accordance with this Agreement.
26. You are hereby notified of the possibility of theft or other forms of compromise to your personal information (which may or may not be detected), and to the possibility of unauthorised use of stolen or compromised Security Information and your Security Device to forge your identity. You further acknowledge and assume the following non-exhaustive Internet-related risks:
(a) insufficient technical knowledge and lack of safety precautions can make it easier for unauthorised third parties to access your systems or devices (for example, insufficiently protected storage of data and file transfers), and it is your responsibility to take the necessary security precautions;
(b) your usage patterns may be monitored by third parties;
(c) third parties may gain unnoticed and/or unauthorised access to your computer system and/or gain access to the Authentication Services and your communications with us (for instance, through the use of Trojan Horses, viruses, worms or other malicious code); and
(d) Viruses and other malicious code may interfere with the Authentication Services, the Website, your web browser or any relevant computer systems.
27. For your convenience, the Authentication Services may include, refer to, or make available hyperlinks to other websites or content on the Internet that are owned or operated by third parties. Such linked websites or content are not under our control, and we shall not be responsible for the contents of or the consequences of accessing any such linked website.
28. Any hyperlinks to any other websites or content shall not constitute our endorsement or verification of such websites or content, and you agree that your access to or use of such linked websites or content is entirely at your own risk.
Content made available through the Website
29. Neither we, the Providers nor our Affiliates shall be liable to you (whether based on an action or claim in contract, negligence, tort, or otherwise) for any decision made or action taken by you in reliance on or use of any information, images, links, sounds, graphics, video, software, or other materials, including quotes, news, and research data, made available through our Website (collectively the "Content").
30. All Content is made available strictly for information purposes only, except where expressly provided otherwise. Specifically, such Content is not intended to and shall not be construed as financial, tax, or other advice, or as an offer, solicitation, or recommendation of any products and/or services. You acknowledge and agree that any Content is provided for your personal use and you undertake not to redistribute or transmit all or any of the Content to any third party (whether free of charge or for consideration, in any manner or form whatsoever), without our prior written consent.
Limits of Responsibility and Liability
31. Provided that you have notified us in reasonable detail and in a timely manner of any problems experienced in the use of the Authentication Services, we will use commercially reasonable efforts to correct such problems within a reasonable period of time (but without further liability if we are unable to do so) or procure that such problems are corrected within a reasonable period of time.
32. Notwithstanding the foregoing or any other provision of this Agreement to the contrary, the Website, the Authentication Services, and the Security Device are provided on an "as is" and "where available" basis. We do not warrant the accuracy, adequacy, completeness, timeliness, quality, currency, reliability, performance, security, or continued availability of the Website, the Authentication Services, or the Security Device. We expressly disclaim liability for errors or omissions or any delays in the delivery of the Authentication Services, Security Information and Security Device, or for any actions taken in reliance on the Authentication Services or Security Device. No warranty of any kind implied, express, or statutory (including the warranties of non-infringement of third party rights, title, merchantability, satisfactory quality or fitness for a particular purpose) is given with respect to the Authentication Services or Security Device.
33. You accept that any material and/or data downloaded or otherwise obtained through the use of the Website and/or the Authentication Services is done at your own discretion and risk. We accept no liability for any loss or damage arising directly or indirectly from reliance on any such material and/or data.
34. We may from time to time without giving any reason or prior notice, upgrade, modify, alter, suspend, discontinue the provision of or remove, whether in whole or in part, the Website, the Authentication Services, the Security Device the Security Information or any information, services or products provided therein and we shall not be liable if any such upgrade, modification, suspension or alteration prevents you from accessing the Authentication Services. The information provided through the Authentication Services may be modified, deleted, or replaced from time to time and at any time at our absolute discretion.
35. We do not warrant that the Authentication Services or the use of the Security Device will be provided uninterrupted or free from errors or that any identified defect will be corrected. Further, no warranty is given that the Authentication Services are free from any computer virus or other malicious, destructive or corrupting code, agent, program or macros.
36. We do not warrant the security of any Information transmitted by you or to you through the use of the Authentication Services and you acknowledge and accept the risk that any information transmitted or received through the Website and the Authentication Services may be accessed by unauthorised third parties.
37. We, our Affiliates and Providers shall in no event be liable to you or any other person for any direct, indirect, incidental, special, consequential, punitive or economic loss, expense or damage (including without limitation any loss of profit or interest), even if we are advised of or otherwise might have anticipated the possibility of such loss, expense or damage, arising from or in connection with (but not limited to) the following:
(a) any access, use or the inability to access or use the Website, the Authentication Services, the Third-Party Service Provider services, the Content, or reliance on the Content, howsoever caused and regardless of the form of action (including tort or strict liability);
(b) any downtime costs, loss of revenue or business opportunities, lost profit, loss of anticipated savings or business, loss of data, loss of goodwill or loss of value of any equipment including software;
(c) any incompatibility between your equipment and any equipment used by us including but not limited to any adverse outcome, damage, loss, disruption, violation, irregularity or failure arising from the use of or reliance on computer hardware, software, electronic devices, online networks and/or telecommunication systems;
(d) any loss or damage caused by
(i) failure or fault in equipment, software, or hardware;
(ii) internet browsers, internet service providers, telecommunication service providers, or other service providers or system operators, or their respective agents or subcontractors; or
(iii) any industrial dispute or any other person or circumstance beyond our control.
(e) any cessation, interruption or delay in transmission or any wrongful interception of any content through any telecommunications, computer or other electronic equipment or system (whether or not owned, operated or maintained by us or by any other person and whether or not used in the provision and/or operation of the Authentication Services);
(f) any delay, destruction or alteration of any data, information or content transmitted or received by you through us, or any error in the transmission of the said data, information or content;
(g) your reliance on any information provided as part of, or by means of, the Authentication Services;
(h) any misuse or failure by you or anyone else to correctly use the Security Information and/or the Security Device;
(i) any unauthorised use of and/or access to information relating to your Security Device and/or use of the Authentication Services, which is obtained by a third party as a result of your using the Website, the Authentication Services, the Third-Party Service Provider services, your Security Device or any content, data or information provided by us;
(j) any loss, theft or unauthorised use of the Security Device;
(k) failure of delivery of the Security Information and/or Security Device following dispatch in accordance with the prescribed manner set out in clause 16;
(l) any failure by you to follow the most updated published instructions and procedures for using the Website, the Authentication Services, the Third Party Service Provider services, and/or the Security Device;
(m) any failure or refusal by us to comply with our obligations under this Agreement due to any order of court, notice, or directive, or any statute, regulation or by-law;
(n) any system failure, processing error, software defect, operating mistake, hardware breakdown, capacity inadequacies, network vulnerability, control weakness, security shortcoming, malicious attack, hacking incident, fraudulent action, or inadequate recovery capabilities which arise despite our best efforts;
(o) any other loss arising from any new type of threats as manifested in denial of service attacks which may occur despite our best efforts;
(p) any disclosure of any information to third parties arising as a result of your negligence or failure to keep the Security Information and/or Security Device confidential and safe from compromise;
(q) any corruption or loss of any data or information transmitted by you through the internet or any electronic or telecommunication equipment whether or not in connection with your use of, or our provision of, the Authentication Services, including any errors generated in the transmission of any such data or information;
(r) any cessation or interruption of the availability or operation of the Authentication Services or the Website; and/or
(s) any breach of our obligations or duties to you caused by or arising from any one or more of the events or matters set out in any one or more of the foregoing sub-paragraphs of this clause.
38. Without prejudice to any other term in this Agreement, in the event that we are held liable for any breach of this Agreement by a court of competent jurisdiction, our aggregate liability arising for any reason whatsoever (whether in contract, tort, negligence or otherwise), shall be limited to direct loss which, in the ordinary course of events, might reasonably be expected to result from the circumstances in question and only if such loss is caused by our gross negligence or wilful default. In no event shall our liability arising out of or in connection with this Agreement under any circumstance exceed the actual amount recovered by us under our professional indemnity insurance policy to meet your claim, subject to the aggregate claims limit thereof. In any jurisdiction in which the limitations of liability herein are restricted, our liability shall be limited to the greatest extent permitted by law.
39. To the extent permitted by law, any action against us, arising out of or in connection with this Agreement, brought more than one (1) year after the accrual of the cause of action shall be invalid.
40. We may, at our sole discretion, deny you access to the Authentication Services without giving any reason or any prior notice, and without being liable for any damages, losses, costs, expenses, liabilities or compensation, whether direct or indirect. Without prejudice to the generality of the foregoing, we may deactivate or revoke your access to the Authentication Services:
(a) forthwith upon termination of this Agreement;
(b) where it is brought to our attention or we have any reason to believe that your Security Information or Security Device has been compromised;
(c) if you are convicted of fraud or corruption in or outside Singapore or of offences under:
(i) the Computer Misuse and Cybersecurity Act (Cap. 50A) or any equivalent legislation which may be enacted from time to time; or
(ii) the Electronic Transactions Act (Cap.88);
(d) if payment of charges or fees are not paid in accordance with Clause 12.
41. We may terminate this Agreement immediately without giving any reason or notice, and without being liable for any damages, losses, costs, expenses, liabilities or compensation, whether direct or indirect. Without prejudice to the generality of the foregoing, we may terminate this Agreement in the following events:
(a) You act with intention to breach, or in breach of any of the terms of this Agreement, including but not limited to Clauses 13 to 20A;
(b) You withdraw any of your consents, agreement, and/or approvals which you have granted or given under this Agreement;
(c) You have, or we have reason to believe that you have acted in a manner detrimental to the interests of us, our Affiliates, employees, staff, officers, contractors, agents and/or associates.
42. You may terminate this Agreement in accordance with the service termination procedures set out under our Website. Termination will not affect any rights or obligations accrued prior to the effective date of termination. Upon termination, you shall not use, attempt to use, or permit any third party to use, the Authentication Services.
43. The termination of this Agreement shall not affect any rights and liabilities accruing immediately before the date of termination.
44. You acknowledge that the intellectual property rights in or to the Website, the Authentication Services and the Content are owned by us, our Affiliates, or the Providers.
45. No part or parts of the Website, the Authentication Services or any Content may be reproduced, distributed, republished, displayed, broadcast, hyperlinked, transmitted, adapted, modified to create derivative works or otherwise commercially exploited in any manner or by any means or stored in an information retrieval system without our prior written permission. You may view, print or use the Content for personal, non-commercial use only, provided further that you do not modify the Content and that you retain all copyright notices and other proprietary notices contained in the Content.
46. The trademarks, service marks, and logo (the "Trade Marks") used and displayed on or through the Website or the Authentication Services are registered and unregistered Trade Marks of ours and other third parties.
47. Nothing on the Website or the Authentication Services shall be construed as granting (by implication or otherwise), estoppel or any licence or right to use any Trade Marks displayed on or through the Website or the Authentication Services, without our written permission.
48. You acknowledge and agree that our records and any records of the Transactions, or any record of transactions relating to the operation of the Authentication Services or the Third Party Service Provider Services and any record of any Transactions maintained by us or by any relevant person authorised by us relating to or connected with the Authentication Services shall be binding and conclusive on you for all purposes whatsoever and shall be conclusive evidence of any information and/or data transmitted using the Authentication Services. 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 the contents of such records merely on the basis that such records were incorporated and/or set out in electronic form or are produced by or were the output of a computer system, and you hereby waive any of your rights (if any) to so object.
49. You agree and undertake to fully indemnify us, our Affiliates, and Providers, and to hold each of the aforementioned parties harmless, from and against all liabilities (including settlement sums), losses, charges and expenses (including legal fees and disbursements on a solicitor-client basis), claims, demands, actions and proceedings which we, our Affiliates and Providers may incur, suffer or sustain directly or indirectly from or by reason of or in relation to your use, misuse or purported use or misuse of the Authentication Services, and shall pay such monies to us upon our demand.
50. We reserve the right to use any service providers, subcontractors and/or agents on such terms as we deem appropriate.
51. Except for our Affiliates and Providers, no person or entity who is not a party to this Agreement shall have any right under the Contracts (Rights of Third Parties) Act (Chapter 53B) of Singapore to enforce any term of this Agreement, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, this shall not affect the rights of any of our permitted assignee or transferee. You acknowledge and agree that no Affiliate or related entity of ATS shall have any liability hereunder and you shall not bring any action against such Affiliate or related entity in connection with this Agreement.
52. We may by notice through the Website or by such other method of notification as we may designate (which may include notification by way of e-mail), vary the terms of this Agreement, such variation to take effect on the date specified by us (which shall generally be no less than thirty (30) days from the date of the notice). If you use the Authentication Services after such date, you are deemed to have accepted such variation. If you do not accept the variation, you must stop using the Authentication Services and terminate this Agreement. Our right to vary the terms of this Agreement in the manner aforesaid may be exercised without the consent of any person or entity who is not a party to this Agreement.
53. We, our Affiliates and Providers shall not be liable for any non-performance, error, interruption or delay in the performance of any obligations under this Agreement or in the Website's or the Authentication Services' operation, or for any inaccuracy, unreliability or unsuitability of the Authentication Services and/or the Content if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond its reasonable control (which includes acts of God, natural disasters, acts of terrorism, embargoes, epidemics, acts of any government or authority, power failures, and the acts or a party for whom we, our Affiliates or Providers are not responsible for).
54. This Agreement shall be governed by and construed in accordance with the laws of Singapore. You irrevocably submit to the exclusive jurisdiction of the courts of Singapore.
55. If at any time any provision of this Agreement shall be or shall become illegal, invalid or unenforceable in any respect, the legality, validity and enforceability of the remaining provisions of this Agreement shall not be affected or impaired thereby, and shall continue in force as if such illegal, invalid or unenforceable provision was severed from this Agreement.
56. Our waiver of any of the covenants to be performed by you or any breach by you shall not be construed to be a waiver of any succeeding breach by you or of any other covenant. Our rights and remedies in this Agreement are cumulative and not exclusive of any other rights or remedies provided by law.
57. All notices or other communications given by us to you under this Agreement if:
(a) sent by post to, or left at, your last known address or such other mailing address as we may have on record will be deemed to be received by you on the day following such posting or on the day when it was so left; or
(b) communicated through any print or electronic media as we may select will be deemed to be notified to you on the date of publication or broadcast.
58. You may only give notice to us under this Agreement in writing sent to our designated prevailing address listed at our Website (attn: General Counsel / Head, Legal Department), and we shall be deemed to have received such notice only upon delivery.
59. Notwithstanding Clauses 57 and 58, we may from time to time designate other acceptable modes of giving notices for the purposes of this Agreement (including e-mail, short messaging services or other forms of electronic communication) and the time or event by which such notice shall be deemed given.
59A. Clauses 31 to 39, 44 to 47, and 49 to 59 shall survive the termination or expiry of this Agreement however arising.
60. In this Agreement, (a) references to "Clauses" shall be deemed to be references to the clauses of this Agreement, unless otherwise expressly provided; (b) clause headings are inserted for convenience only and shall not affect the interpretation of this Agreement; (c) words importing the singular only shall also include the plural and vice versa where the context requires; (d) whenever the words include, includes or including are used in this Agreement, they will be deemed to be followed by the words "without limitation"; (e) unless otherwise provided, any reference to any statute or legislation shall be deemed a reference to such statute or legislation as amended from time to time or to a newly adopted statute or legislation replacing a repealed statute or legislation and be deemed to include any subsidiary legislation made thereunder; and (f) a reference to a "person" shall include a corporate entity or other legal entity.
61. In this Agreement, unless otherwise required:
(a) 1FA Credential is defined in Clause 14;
(b) Additional Terms is defined in Clause 15(b);
(c) Affiliate means, in relation to any person, a person that directly, or indirectly through one or more intermediaries, controls or is controlled by, or is under common control with, such person;
(d) Authentication Services refers to (i) second factor authentication services compliant with the requirements of the Singapore National Authentication Framework which enable you, the end user to access and use Third Party Service Provider Services, subject always to the terms and conditions of this Agreement; and/or (ii) other services referred to above, in particular as referred to in Clauses 21 (a) to (c), and other services which we notify we will provide you from time to time, including services relating to verification, authentication and confirmation of your identity and/or your personal and other particulars, by whatever means we have chosen in our discretion;
(e) Content is defined in Clause 29;
(f) Information means any information or particulars relating to you, your personal data including your identity card information, passport information, employment pass information, address, mobile number and contact details, as well as your use of the Authentication Services, or any Transaction;
(g) Provider means any entity to whom we directly or indirectly outsource and/or subcontract (including subcontractors of our subcontractors) any or all of the functions or activities involved in providing the Authentication Services or any other ancillary or supporting service from time to time;
(h) Representative in the case of a corporate subscriber, means any person authorised by you, in accordance with Clause 5, to access and use the Third Party Service Provider Services;
(i) Security Information means usernames, personal or log-in identification numbers and other codes, access procedures and other security information issued by us from time to time for use in connection with access to and use of the Authentication Services;
(j) Security Device means any smartcards, tokens, electronic devices, Software-tokens, software, computer programmes, computer applications, hardware or any other equipment issued by us to you from time to time in order to enable you to access and/or use the Authentication Services, and shall include NAF SMS-OTP Devices and where relevant shall also include the passcodes generated therefrom;
(k) NAF SMS-OTP Device means any device, including mobile phones which may be owned by NAF users, which is enabled to receive one-time passwords via short messaging for the 2FA mechanism as part of the Authentication Services;
(l) Software-token means a type of second-factor authentication software security system used to authorize the use of computer services or computer systems, which may be stored on a general-purpose electronic device such as a desktop computer, laptop computer, personal computer devices, or mobile phone and can be duplicated;
(m) Third-Party Service Provider means the entities which have signed on to use the Authentication Services, including those as may be updated from time to time at our Website;
(n) Third-Party Service Provider Services means any service or product offered by a Third-Party Service Provider requiring second factor authenticated access through the Authentication Services;
(o) Trade Marks is defined in Clause 46;
(p) Transaction means any transaction or operation of our designated Third Party Service Provider Services accessed, made or performed, processed or effected through the Authentication Services by you or any person purporting to be you, by any of your Representatives or any person purporting to be your Representative, acting on your behalf or purportedly acting on your behalf, with or without your consent;
(q) We means Assurity Trusted Solutions Private Limited and shall include references to "us", "ours" and where applicable, shall include the Providers and Affiliates;
(r) Website means our Internet websites and/or electronic services portals at www.onekey.sg, portal.assurity.sg, www.assurity.sg (or such other replacement or substitute address or location as may be prescribed by us from time to time) as well as such other prescribed location, venue or resource of ours on the Internet which is similar or functionally analogous or associated to such Internet website. "Website" includes the Content; and
(s) You means you, the user and subscriber registered to use the Authentication Services, and shall include any of and all your Representatives, jointly and severally.