1.2. This Service is provided to you by the Government Technology Agency (“GovTech”). GovTech’s office is located at 10 Pasir Panjang Road, #10-01, Mapletree Business City, Singapore 117438.
2. Nature of Service
Please see the Schedule for more information and terms concerning this Service.
3. Licence Terms and Restrictions
3.1. The Service, including the materials made available on or through the Service, is owned by, licensed to, managed or controlled by GovTech. Please see clause 4 (Third Party Materials) for more information.
3.3. GovTech reserves the right to:
- 3.3.1. Update or modify this Service from time to time;
- 3.3.2. Deny or restrict access to or use of the Service by any particular person without ascribing any reasons whatsoever; and
- 3.3.3. Discontinue this Service at any time without notice or liability to you whatsoever, whereupon all rights granted to you hereunder shall also terminate forthwith. You shall further upon notice from the Government return or destroy all copies of the Service or materials therein that you may have downloaded.
3.4. You will not interfere or attempt to interfere with the proper working of the Service or otherwise do anything that imposes an unreasonable or disproportionately large load on GovTech’s servers.
3A. Account Access and Security
3A.1 You are solely responsible for maintaining the confidentiality and security of any authentication credentials associated with your use of the Service, including the security of any of your devices which store the authentication credentials.
3A.2 GovTech shall be entitled, but not obliged, to verify the identity of the person using the Service. Without prejudice to the foregoing, GovTech is not under any duty to verify that any biometric identifier used with the Service, or on your device, belongs to you.
3A.3 GovTech shall have the sole and absolute discretion to invalidate any authentication credentials at any time, or require you to have to re-authenticate or refresh your authentication credentials at any time, without having to give any reason for the same.
3A.4 GovTech shall be entitled, but not obliged, to act upon or rely on any instructions, information, transmissions of data, or communications received from the account or use of the Service in relation to your authentication credentials, as if such instructions, information, data or communications were issued by you, whether or not the same was authorized by you.
3A.5 For the avoidance of doubt, you are solely responsible for any loss of whatever nature arising from unauthorized or unofficial modifications made to your device which permit or escalate privileged access, or remove restrictions to such access, which are not intended by the manufacturer or provider of your device or operating system of your device (e.g., “rooting” or “jailbreaking” your mobile phone).
4. Third Party Materials
4.2. 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. In particular, you are deemed to have notice of the Third Party Terms that GovTech (under the Third Party Terms) is required to notify you, and you unconditionally agree to be bound by all the obligations in the Third Party Terms which are applicable to you as the end user. For the avoidance of doubt, where Third Party Terms are listed, such Third Party Terms shall be deemed to include any privacy policies and acceptable use policies as are applicable to you.
4.3. If the Third Party Terms require you to enter into an agreement directly with the Third Party, then you unconditionally agree to enter into such agreement, and in any event, to be legally bound by the Third Party Terms. For the avoidance of doubt:
- 4.3.1. some Third Party Terms (particularly open-source terms) permit either a direct licence to you from the Third Party or a sublicence from GovTech to you. In such cases, your licence is a direct licence from the Third Party to you; and
4.7. Without prejudice and in addition to the foregoing, GovTech shall not be responsible for your use of any software or service of a Third Party.
5. Your Consent to Access Functions of Your Device
5A. Ownership of Feedback/Requests/Suggestions
You agree that all title and interest in any feedback, requests or suggestions from you concerning the Services shall be owned by GovTech.
5B.1 If you receive information or data (in whatever form) from GovTech or a Third Party which is designated confidential or proprietary or is otherwise reasonably understood to be confidential or proprietary (collectively, “Confidential Information”), you shall not use, disclose or reproduce the Confidential Information except for the purpose for which it was provided to you. If consent to disclose the Confidential Information to a third party is given by GovTech or the Third Party to you, any act or omission in respect of the Confidential Information by that person shall be deemed to be your act or omission and you agree to be fully liable for the same. In all cases, you shall protect the Confidential Information to the same extent you protect your own confidential information but in no event less than a reasonable standard of care. You shall ensure that any recipients are bound by confidentiality terms at least as restrictive as this Clause.
5B.2 You shall destroy any Confidential Information immediately upon request by GovTech or the Third Party.
5B.3 In the event:
- 5B.3.1 you are, or likely to be, required by an order of court to disclose Confidential Information; or
- 5B.3.2 you have reasonable grounds to suspect the unauthorised use or disclosure or reproduction of Confidential Information;
you shall immediately notify GovTech or the Third Party of the same and cooperate with GovTech or the Third Party to prevent or limit such disclosure.
5B.4 Nothing in this Clause 5B shall prejudice GovTech’s or the Third Party’s other rights at law.
6. Disclaimers and Indemnity
6.1. The Service is provided on an “as is” and “as available” basis without warranties of any kind. To the fullest extent permitted by law, GovTech does not make any representations or warranties of any kind whatsoever in relation to the Service and hereby disclaims all express, implied and/or statutory warranties of any kind to you or any third party, whether arising from usage or custom or trade or by operation of law or otherwise, including but not limited to any representations or warranties:
- 6.1.1. as to the accuracy, completeness, correctness, currency, timeliness, reliability, availability, interoperability, security, non-infringement, title, merchantability, quality or fitness for any particular purpose of the Service; and/or
- 6.1.2. that the Service or any functions associated therewith will be uninterrupted or error-free, or that defects will be corrected or that this Service, website and the server are and will be free of all viruses and/or other malicious, destructive or corrupting code, programme or macro.
6.2. GovTech shall also not be liable to you or any third party for any damage or loss of any kind whatsoever and howsoever caused, including but not limited to any direct or indirect, special or consequential damages, loss of income, revenue or profits, lost or damaged data, or damage to your computer, software or any other property, whether arising directly or indirectly from –
- 6.2.1. your access to or use of this Service, or any part thereof;
- 6.2.2. any loss of access to our use of this Service or any part of this Service, howsoever caused;
- 6.2.3. any inaccuracy or incompleteness in, or errors or omissions in the transmission of, the Service;
- 6.2.4. any delay or interruption in the transmission of the Service, whether caused by delay or interruption in transmission over the internet or otherwise; or
- 6.2.5. any decision made or action taken by you or any third party in reliance upon the Service,
regardless of whether the Government has been advised of the possibility of such damage or loss.
6.3. Without prejudice and in addition to the foregoing, insofar as the Service facilitates or requires the provision, use or functioning of, or is provided in conjunction with, other products, software, materials and/or services not provided by GovTech, GovTech makes no representation or warranty in relation to such products, software, materials and/or services (including without limitation any representation or warranties as to timeliness, reliability, availability, interoperability, quality, fitness for purpose, non-infringement, suitability or accuracy).
6.4. You shall not rely on any part of the Service to claim or assert any form of legitimate expectation against GovTech, whether or not arising out of or in connection with GovTech’s roles and functions as a public authority.
6.6. Without prejudice and in addition to GovTech’s other rights herein:
7.1. Insofar as the Service provides a hyperlink to material not maintained or controlled by GovTech, GovTech shall not be responsible for the content of the hyperlinked material and shall not be liable for any damages or loss arising from access to the hyperlinked material. Use of the hyperlinks and access to such hyperlinked materials are entirely at your own risk. The hyperlinks are provided merely as a convenience to you and do not imply endorsement by, association or affiliation with GovTech of the contents of or provider of the hyperlinked materials.
7.3. GovTech reserves all rights:
- 7.3.1. to disable any links to, or frames of, any materials which are unauthorised (including without limitation materials which imply endorsement by or association or affiliation with the Government, materials containing inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topics, names, or information that violates any written law, any applicable intellectual property, proprietary, privacy or publicity rights); and
- 7.3.2. to disclaim responsibility and/or liability for materials that link to or frame any part of the Service.
9. Rights of Third Parties
11. Governing Law and Dispute Resolution
11.3. GovTech may, at its sole discretion, refer any dispute referred to in Clause 11.2 above to arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in Singapore in accordance with the Arbitration Rules of the SIAC (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause. Further:
- 11.3.1. The seat of the arbitration shall be Singapore.
- 11.3.2. The tribunal shall consist of one (1) arbitrator.
- 11.3.3. The language of the arbitration shall be English.
- 11.3.4. All information, pleadings, documents, evidence and all matters relating to the arbitration shall be confidential.
Where GovTech is the defendant or respondent, it shall be given at least 30 days before the commencement of any legal action against it to elect to exercise the right herein to have the dispute submitted to arbitration. This right to elect shall not prejudice GovTech’s right to a limitation defence and the period to exercise the right shall not be abridged by reason of any accrual of a limitation defence in favour of GovTech during the said period.
Name of Service: Digital MC (Providers)
Nature of Service
- a. This Service facilitates the use of DigiMC by healthcare providers to their patients. It draws data from you in order for GovTech to generate digital MCs for your patients, and has the following functionalities:
- Displaying of Medical Certificates (“MC”) on a government domain (e.g. mc.gov.sg);
- APIs to utilise the Service, such as creating and voiding of MCs;
- Returning a unique link for each MC created.
- b. The Service does not include dissemination of MCs or links to users. This needs to be handled by you, typically via SMS, push notifications, email or displaying within an app. You are solely responsible for your choice and means of dissemination.
- c. Where applicable, additional terms and/or descriptions of the Service may be contained in a separate document.
- b. You shall at all times ensure your (and your affiliates’) contract or agreement with the patient, insofar as it relates to the provision of DigiMC to patients, is consistent with the terms of DigiMC to patients and procures for GovTech, and maintains, GovTech’s rights thereunder. Such terms may be found at https://mc.gov.sg/privacy/. You and your affiliates shall, in the alternative, ensure that the notice of the said terms is given to the patient prior to the use of DigiMC by you, your affiliates, or the patient.
- c. You warrant and represent that you have complied and will continue to comply with all applicable laws, including laws concerning personal data protection, and that all necessary consent in respect of the provision or display of DigiMC or MCs generated by DigiMC to the patients has been obtained by you and your affiliates. This shall include the necessary consent from the patients to display the MCs on applications or platforms external to the Service (see subparagraph (d) below).
- d. The Service may provide a function that allows MCs generated by the Service to be displayed on (a) another application or platform (such as LifeSG) provided by a Singapore public sector agency (including GovTech) and (b) any other application or platform selected by you (such as Healthhub) ( each of (a) and (b) shall be referred to as an “External Application”). Without prejudice to sub-paragraphs (b) and (c), you shall obtain consent from the patients to allow GovTech to share their data with the External Application provider, and you also hereby consent to GovTech sharing any of your information or assets in such medical certificates with the External Application provider.
- f. You may terminate your use of the Service for convenience by emailing GovTech at [email protected] with at least seven (7) working days’ notice of the same. In the notice, it would be appreciated if you included your reason(s) for termination.
- h. “Affiliates” and “affiliated healthcare providers” include entities that are corporations that are related to you under the Companies Act (Cap. 50), or any entity which effectively controls, is effectively controlled by, or is effectively controlled by an entity which effectively controls, you; and in this regard, an entity has effective control over another entity if the former entity owns or control, directly or indirectly, at least fifty per cent (50%) of the outstanding shares or securities (representing the right to vote for the election of directors or other managing authority) in the latter entity or has the power to direct the management and the policies of the latter entity whether through the ownership of voting capital by contract or otherwise.