Terms of Service

1. Introduction

These End-User Terms of Use ("Terms") set out the terms and conditions upon which CheckMateSG provides access to and use of the Service and the Content to you. When you read these Terms, "we", "us" or "our" refers to CheckMateSG. Please read these Terms carefully.

Age restriction: If you are below 13 years old: you must obtain consent from your parent(s) or legal guardian(s), their acceptance of these Terms and their agreement to take responsibility for: (i) your actions; and (ii) your acceptance and compliance with these Terms. All your use shall be deemed to be use by your parent(s) or legal guardian(s), and "you", "your" and "User" refers to you and parent(s) or legal guardian(s) collectively. If you do not have this consent from your parent(s) or legal guardian(s), you must stop using and accessing the Service.

Acceptance: By accessing and/or using the Service or the Content, you are agreeing to these Terms. If you do not agree to these Terms, please do not access and use the Service or the Content.

Dealings with third parties: Any dealings between you and third parties are not governed by these Terms.

2. Access and use of the Service

Your compliance with guidelines, laws etc.: You must comply with the following when accessing and/or using the Service or the Content:

  1. any and all instructions, guidelines, directions, notices, operating rules and/or policies with respect to access to and/or use of the Service or the Content, as may be issued and/or amended by us from time to time which are communicated to you or published on the Website; and
  2. applicable laws.

Restricted activities: You agree and undertake to not do or attempt to do the following:

  1. use the Chatbot Service for any purpose other than for obtaining assessments on the accuracy, credibility, or other such characteristics of User Content in a manner consistent with the aim of helping the public better navigate information and stay safe online.
  2. share, submit, or transmit in any way, any material (including User Content) that contains, or which you have reason to suspect contains, obscene, pornographic, indecent, defamatory, libelous, offensive, harmful or otherwise illegal content under the applicable law (including without limitation the provisions of the Singapore Broadcasting (Class Licence) Notification, pursuant to the Broadcasting Act 1994) or materials which violate third-party rights (including but not limited to rights of publicity, Intellectual Property Rights, or other proprietary rights);
  3. share, submit, or transmit in any way, any material (including User Content) which is, or which you have reason to suspect is, likely to cause any harm, intimidation, harassment or damage directly or indirectly as a result of such upload, to any individual including without limitation the Affiliates, officers, employees, volunteers, agents, or service providers of CheckMateSG;
  4. interfere with another's utilisation and enjoyment of the Service and/or the Content;
  5. commercialise the Service and/or Content, including renting, selling, leasing, distributing or directly or indirectly charging others for use of the Service and/or Content;
  6. impersonate any person or to falsely state or otherwise misrepresent your affiliation with any person;
  7. gain unauthorised access to or otherwise interfere or disrupt other computer systems or networks connected to the Service;
  8. gain unauthorised access to password-protected and/or secure areas of the Service, and/or to any other protected information, through any means not intentionally made available by us for your specific use;
  9. use or upload (including by sending messages through the CheckMate Bot Service), in any way, any software or material that contains, or which you have reason to suspect contains, viruses, damaging components, data-mining or data scraping tools, malicious code or harmful components which may impair, manipulate, expropriate or corrupt the Service's data or damage or interfere with the operation of the Service or another's software, computer or mobile device.

3. User Content and Content

Materials uploaded by you: You may share, submit or transmit certain materials (including data or personal data relating to you, or that may relate to a third party individual and that is provided by you) when you use the Service, including by sending messages to the CheckMate Bot Service, and all such materials are termed User Content ("User Content").

User Content must be appropriate: You shall ensure that all User Content you share, submit, or transmit in the use of the Service is correct, true or appropriate for the purpose for which you are submitting User Content, and that such User Content complies with these Terms.

Third party personal data: Where User Content contains any personal data relating to another individual, you undertake that (i) you have the consent of the other individual to disclose such User Content ("Valid Authorisation") for the purposes notified to you in accordance with Section 5 and the Privacy Policy; and (ii) you further undertake that all such disclosures which you carry out in using the Service are within the scope of the Valid Authorisation.

Modifications and availability of Service and Content: We may, from time to time and without giving any reason or prior notice, upgrade, modify, suspend or discontinue the provision of or remove, whether in whole or in part, the Service or any Content and shall not be liable if any such upgrade, modification, suspension or removal prevents you from accessing the Service or any Content.

Right, but not obligation, to monitor content: We reserve the right, but shall not be obliged to:

  1. monitor, screen or otherwise control any activity on the Service or Content and in our sole and absolute discretion, investigate any violation of the Terms and take any action we deem appropriate; and/or
  2. report any activity that is or is suspected to be in violation of any applicable law to the appropriate authorities and to co-operate with such authorities.

Right to use User Content from users: We and any relevant third party may collect, use, disclose, modify, delete and process User Content for the purposes of:

  1. providing the Service;
  2. improving the Service;
  3. displaying on our Website, after reasonable attempts have been made to remove personally identifiable information of users;
  4. processing or following up on your feedback;

and any purposes directly incidental or related to the above, or other purposes consistent with these Terms and/or the Privacy Policy.

Right, authority, and licence: You warrant and represent that you have the right and authority to submit your User Content and that your User Content or any part thereof does not infringe the Intellectual Property Rights or any other rights of any third party. You agree and acknowledge that your User Content is non-confidential and non-proprietary. You hereby grant to CheckMateSG and its service providers a non-exclusive, worldwide, royalty-free, perpetual, irrevocable licence (or sub-licence) of the copyright and intellectual property rights in such Content for any purpose they deem necessary, desirable, or expedient, including the hosting, copying, modification, transmission, distribution, use, reproduction, and publication thereof, unless restricted by applicable law. You acknowledge that CheckMateSG and its Affiliates, officers, employees, volunteers, agents, and service providers, shall not be subject to any confidentiality obligations in respect of any such information and/or particulars unless otherwise agreed in a separate direct contract between you and us or required by law, and you agree that CheckMateSG and its Affiliates, officers, employees, volunteers, agents, and service providers may, and you hereby authorise each of them to, use and disclose such information to any person (including any third party service provider and/or any person purporting to be you) in connection with your use of the Service. For the avoidance of doubt, this Clause 3.7 shall survive the termination of these Terms.

4. Intellectual Property

Ownership: The Intellectual Property Rights in and to the Service and Content are owned, licensed to or controlled by us, our licensors or our service providers.

Permitted use: You are permitted to use the Content for personal purposes only, provided that you do not modify the Content and that you retain all proprietary notices contained in the Content. Apart from this, you shall not reproduce, reverse-engineer, decompile, disassemble, separate, alter, adapt, redistribute, republish, display, broadcast, hyperlink, mirror, frame, hotlink, transfer or transmit in any manner or by any means or store in an information retrieval system or install on any servers, system or equipment any Content, without our prior written permission or that of the relevant Intellectual Property Rights owners.

Trade Marks: Nothing on the Service, the Content and in these Terms shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use (including as a meta tag) any Trade Mark that appears on or is displayed in connection with the Service or the Content, without our written permission.

5. Privacy Policy

Privacy Policy: If you generate, share, submit or transmit User Content to us, we may be required to collect, store, use, disclose or process data or personal data relating to you, or that may relate to a third party individual and that is provided by you. In this regard, we will collect, use, store, disclose or process such data or personal data in accordance with our Privacy Policy.

Right to collect, use and disclose certain data: If you generate, share, submit or transmit User Content to us, you acknowledge and agree that we and any relevant third party may collect, use, disclose, modify, delete and process your User Content (including data and personal data relating to you, or that may relate to a third party individual and is provided by you) for the purposes of:

  1. providing the Service;
  2. improving the Service;
  3. processing or following up on your feedback;
  4. any purposes directly incidental or related to the above; and/or
  5. any purposes provided for in our Privacy Policy.

6. Disclaimers

Content not to be taken as advice: The Content may be from a variety of sources, including the use of generative artificial intelligence, and is provided for informational purposes only. The data and information contained in the Service and/or the Content are not intended as nor shall they be construed as advice of any kind. You should perform your own checks or in some cases, obtain professional advice relevant to your particular circumstances, before using or relying on any such data and information.

Content is not representative of views or affiliations: The Content may sometimes contain inaccurate or offensive content (e.g., due to the use of generative artificial intelligence), and such Content does not represent CheckMateSG's views or affiliations. Where Content contains or relates to any religious, political, or otherwise sensitive subject matter, such Content does not represent CheckMateSG's views or affiliations, or the views or affiliations of any Affiliates, officers, employees, volunteers, agents, or service providers of CheckMateSG.

No endorsement of hyperlinked websites or content: We may include hyperlinks to other websites or content on the Internet, and we are not liable for any errors, omissions, delays, defamation, libel, slander, falsehood, obscenity, pornography, profanity, inaccuracy or any other objectionable material contained in the contents, or the consequences of accessing any linked website. Any hyperlinks to any other websites or content are not an endorsement or verification of such websites or content. Please note that your access to or use of such linked websites or content shall be at your own risk.

7. No Representations or Warranties

The Service and the Content are provided on an "as is" and "as available" basis. No representations or warranties 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, are given in conjunction with the Service or the Content. Without prejudice to the generality of the foregoing, we do not warrant:

  1. the accuracy, completeness, correctness, effectiveness, currency, timeliness, reliability, availability, interoperability, adequacy, commercial value, or completeness of all data and/or information contained in the Service or the Content;
  2. that the Service or that any of the Content will be provided uninterrupted, secure, or error-free, or that any defects will be corrected;
  3. that the Service or the Content are free from any computer virus or other malicious, destructive, or corrupting code, agent, program, or macros; and
  4. the security of any information transmitted by you or to you through the Service, and you accept the risk that any information transmitted or received through the Service may be accessed by unauthorised third parties and/or disclosed by us or our Affiliates, officers, employees, volunteers, agents, or service providers to third parties purporting to be you or purporting to act under your authority. Transmissions over the Internet may be subject to interruption, transmission blackout, delayed transmission due to internet traffic, or incorrect data transmission due to the public nature of the Internet.

8. Exclusion of Liability

We shall not be liable to you or any third party for any and all losses, costs, expenses, or damages of any kind whatsoever or howsoever caused (regardless of the form of action), including any direct or indirect, special or consequential damage, loss of income, revenue or profit, lost or damaged data, or damage to your device, software, or any other property, whether arising directly or indirectly in connection with:

  1. any access, use and/or inability to use the Service and/or the Content by you or any other third party;
  2. reliance on any Content, data or information provided, downloaded or otherwise made available through the Service. You should not act on such Content, data, or information without first independently verifying its contents;
  3. any system, server or connection failure, error, omission, interruption, delay in transmission, computer virus, or other malicious, destructive, or corrupting code, agent, program, or macros in the Service or the Content; and
  4. any use of or access to any other website linked to or provided through the Service, even if we, our Affiliates, officers, employees, volunteers, agents, or service providers may have been advised of, or otherwise might have anticipated, the possibility of any of the foregoing.

9. Indemnification

You shall indemnify us from and against any demand, suit, or action made or brought by any person (including liabilities, damages, costs, and expenses, including reasonable legal costs and expenses, related to such claim) arising out of: (i) any User Content which you uploaded to the Service, including any use of such User Content in our provision of the Service and/or any Content; (ii) your negligent, unlawful, fraudulent or reckless conduct, or your wilful misconduct; and (iii) your breach of any applicable laws and/or these Terms as may be applicable in respect of your access and use of the Service and/or the Content.

10. Additional Terms

The Service may require, enable or facilitate access to or use of software or services of a third party ("Third Party"). In such an event, there may be terms of use of the third-party software or service (the "Third Party Terms"). An example of Third Party Terms is the relevant terms and conditions involved in the usage of WhatsApp in the provision of the CheckMate Bot Service to you.

The terms of your agreement with the Third Party will govern your use of the relevant third-party software or service, and not these Terms.

It is your responsibility to check and read the most up-to-date versions of these Third Party Terms, and you are deemed to have notice of the same.

Without prejudice and in addition to the foregoing, CheckMateSG shall not be responsible for your use of any software or service of a Third Party.

11. Termination

In our sole and absolute discretion, we may discontinue or terminate the Service and/or the Content (or any part thereof) for any reason whatsoever (including a breach of any of these Terms), whereupon these Terms shall also terminate. Notice may be given by posting the discontinuance or termination on the Website or through such other means as we may deem appropriate.

In our sole and absolute discretion, we may: (i) terminate or suspend any licences granted under this agreement or your ability to use the Service; (ii) delete or remove your User Contents; and/or (iii) take legal action with respect to your User Contents or use of the Service if we believe that you are or might be in violation of these Terms.

Upon termination of these Terms for any reason, all rights and/or licences granted to you under these Terms shall immediately cease and terminate, and you must immediately cease all access and use of the Service and the Content. Any termination of these Terms for any reason shall not affect any of our rights accrued prior to termination, and your obligations under any provisions of these Terms which are meant to survive the termination.

12. General Terms

Assignment:

  1. You must not assign or sub-contract these Terms.
  2. We may assign, novate, transfer, or sub-contract the rights and liabilities in respect of the Service, the Content or these Terms, without notifying you, without your consent, and without further reference to you. Where necessary, you undertake to do all things and execute all documents required to facilitate such assignment, novation, transfer, or dealing.

Severability: If any provision of these Terms is held by a court or tribunal of competent jurisdiction to be invalid or unenforceable, then these Terms, including all remaining provisions, will remain in full force and effect as if such invalid or unenforceable provision had never been included.

Waiver: No delay by us in enforcing any provision of these Terms will be construed to be a waiver of any of our rights under that provision.

Notice: Any notice that we intend to give to you may be posted on the Service or sent to any contact information you may have provided us with. You are deemed to have received notice of the same upon us posting on the Website or sending such notice to you.

Rights of Third Parties: A person who is not a party to these Terms will have no right under the Contracts (Rights of Third Parties) Act 2001 or otherwise to enforce any of its terms.

Governing Law and Dispute Resolution:

  1. These Terms and the access and use of the Service and the Content will be governed and construed in accordance with the laws of Singapore.
  2. Subject to arbitration as stated below, any dispute arising out of or in connection with these Terms will be referred to and finally resolved in the Courts of the Republic of Singapore, and you submit to their exclusive jurisdiction.
  3. We may, at our discretion, refer any dispute to arbitration administered by the Singapore International Arbitration Centre ("SIAC") in accordance with its Arbitration Rules, which are deemed incorporated by reference into this clause. Further: (i) The seat of arbitration will be Singapore; (ii) The tribunal will consist of one arbitrator to be agreed upon in accordance with the SIAC Rules. If no agreement is reached within thirty (30) calendar days after receipt by one party of a proposal from the other, the arbitrator will be appointed by the Chairman of the SIAC; (iii) The language of the arbitration will be English; and (iv) All information, pleadings, documents, evidence, and all matters relating to the arbitration will be confidential.
  4. Where we are a defendant or respondent, we will have at least thirty (30) calendar days before the commencement of any legal action against us to elect to exercise the right under Clause 12.6.3 to have the dispute submitted to arbitration. This right to elect will not limit our right to a limitation defence and the period to exercise the right will not be abridged by reason of any accrual of a limitation defence in our favour during the said period.

Amendments:

  1. We reserve the right to change, modify, or supplement these Terms at our discretion and at any time, by posting the changed, modified, or supplemented Terms on the Website or through such other means as we may deem appropriate.
  2. Your continued access and/or use of the Service following the posting of any change, modification, or supplement will constitute your acceptance of such change, modification, or supplement. If you do not agree to any changes, modifications, or supplements to these Terms, please do not access or use the Service or the Content.

Cumulative Rights and Remedies: Unless otherwise provided under these Terms, the provisions of these Terms and our rights and remedies are cumulative and without prejudice to any rights or remedies we may have in law or equity.

Force Majeure: We shall not be liable for non-performance, error, interruption, or delay in the performance of our obligations under these Terms if such failure is due to events beyond our reasonable control.

No Provision of Internet Access/Telecommunication Services: You acknowledge that these Terms, the Service, and the Content do not include the provision of Internet access or telecommunication services. Such services are your responsibility and must be obtained at your own cost from appropriate service providers.

13. Interpretation

In these Terms, unless otherwise defined or unless the context otherwise suggests, when the following words and phrases are used, they will have the following meanings:

  1. Affiliate: with respect to an entity, any person directly or indirectly Controlled by, Controlling or under common Control with that entity.
  2. Content: any and all information, functionalities, services or content, including but not limited to text, software, code, scripts, webpages, music, sound, photographs, video, graphics, graphical user interface, forms, diagrams or other content provided or otherwise made available through the Service.
  3. Control: the right to exercise, directly or indirectly, more than fifty percent (50%) of the voting rights attributable to the management of that person and/or the possession, directly or indirectly, of the power to direct or cause the direction of the management or policies of such person, and "Controlled" shall be construed accordingly.
  4. CheckMateSG: CheckMateSG LIMITED (UEN: 202532817Z).
  5. Intellectual Property Rights: all copyright, patents, utility innovations, trade marks and service marks, geographical indications, domain names, layout design rights, registered designs, design rights, database rights, trade or business names, rights protecting trade secrets and confidential information, and other proprietary rights and all applications for the same, whether existing or created in the future, anywhere in the world.
  6. Personal data: has the same meaning as set out in the Personal Data Protection Act 2012.
  7. Privacy Policy: the privacy policy or such other website as may be specified by us from time to time.
  8. Service: the service currently known as "CheckMate" provided by CheckMateSG, which includes the Website and the CheckMate Bot Service.
  9. Trade Marks: the trade marks, service marks, trade names, and logos used and displayed on the Service and the Content, whether registered or not.
  10. User Content: as defined in Section 3 Paragraph 1.
  11. Valid Authorisation: as defined in Section 3 Paragraph 3.
  12. Website: means the website accessible at https://checkmate.sg, and/or such other website(s) as may be specified by us from time to time.
  13. CheckMate Bot Service: means the services, including the provision of any content, provided by CheckMateSG to you through communications sent to you from us on WhatsApp and/or other platforms as may be specified by us from time to time.

Unless the contrary intention appears, in these Terms:

  1. Headings are inserted for convenience only and do not affect the interpretation of these Terms.
  2. Words importing the singular include the plural and vice versa.
  3. References to persons are to be construed as references to an individual or a body corporate as the context requires.
  4. The words, "include," "includes," and "including" are to be read as if they are followed by the phrase "without limitation."
  5. Any reference to "Service" includes a reference to "part of the Service," and any reference to "Content" includes a reference to "part of the Content."
  6. Any reference to any Act of Parliament includes any amendment, replacement, or re-enactment to that Act and includes any subsidiary legislation made under that Act.