TERMS AND CONDITIONS OF USE
1. In General
1.1. These terms and conditions, together with the information and policies made available on this website and any other documents referred in these terms and conditions (collectively, the “Terms and Conditions of Use”) set out the legal terms that apply to your use of our website “https://www.uplay.com.sg/”, any of its sub-domains, and any other websites operated by us or on our behalf (“our Website”) and the services (the "Services") available through our Website.
1.2. Please read these Terms and Conditions of Use carefully before you use our Website or use the Services. By accessing our Website and using the Services, you are agreeing to all of these Terms and Conditions of Use, as may be amended by us at
any time and from time to time. You may determine if any such amendment has taken place by referring to the date on which these Terms and Conditions of Use were last updated.
1.3. When we refer to “we”, “us” or “our” in these Terms and Conditions of Use, we mean NTUC Club.
1.4. When we refer to “you” or “your”, we mean you, the person who accesses our Website or uses the Services, and any person for whom you purchase packages, products and/or services of Vendors (defined below).
1.5. When we use the word “writing” or “written”, it includes e-mails.
2. About Us
2.1. We are NTUC Club (UEN No. S86SS0105G), a society established under the Societies Act 1966. Our registered place of business is at 1 Pasir Ris Close Singapore 519599.
3. Proprietary Rights
3.1. This Website is owned by us and operated by us or on our behalf.
3.2. All materials displayed, located or communicated on our Website, including but not limited to information, data, text, graphics, designs, photographs, images, illustrations, video, audio Content Marketing Communication (defined below) or any software programmes used, made available on or through our Website (the “Content”), are protected by copyright, trademark and/or other intellectual property rights. All Contents are owned by, licensed to or controlled by us.
4. Access to and Use of our Website, the Services and the Content
4.1. Access to our Website is permitted on a temporary basis, and it does not include any commercial use of our Website or the Content.
4.2. We may offer on our Website the Services, which includes but is not limited to:
(a) the listing for sale of packages, products and/or services by a Vendor (defined as a third party entity whose package, product and/or services are offered for sale to you on our Website);
(b) the sale of a Vendor’s package, product and/or services; and
(c) the provision of any Content Marketing Communication (defined as the creation, sharing, publication and/or distribution of any material that is intended to generate or stimulate interest in and awareness of a Vendor’s package, product and/or services).
4.3. We reserve the right to update or modify our Website and/or the Services from time to time and without giving any reason or prior notice to you. We do not guarantee that our Website and/or the Services will always be available or be uninterrupted.
We may suspend or withdraw or restrict the access and/or availability of all or any part of our Website and/or the Services at any time without ascribing any reasons. We will not be liable to you for any damages or losses if for any reason
our Website and/or the Services is unavailable at any time or for any period.
4.4. We reserve the right, but shall not be obliged to, monitor, screen or otherwise control any activity or Content on the Website and/or through the Services.
4.5. We reserve the right to add to, amend and/or remove any part or all of the Content, including without limitation its presentation or substance, from time to time and without prior notice to you.
4.6. When you visit our Website and/or submit an order, you are communicating with us electronically and you agree that all agreements, notices, disclosures and other communications that we send to you electronically satisfy any legal requirement
that same communications be in writing.
4.7. You must not use our Website in any way that:
(a) causes, or is likely to cause, our Website or access to it to be interrupted, damaged or impaired in any way;
(b) breaches any applicable law; or
(c) is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect
4.8. You must not upload to our Website or use our Website to send, use or reuse any material that:
(a) consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any “spam”;
(b) is illegal, offensive, abusive, indecent, defamatory, obscene or menacing;
(c) is in breach of copyright, trademark, confidence, privacy or any other right; or
(d) is otherwise objectionable or injurious to third parties.
4.9. Failure to comply with these Terms and Conditions of Use may result in our taking of actions we deem reasonably appropriate, including any or all of the following actions:
(a) immediate, temporary or permanent withdrawal of your right to use our Website;
(b) immediate, temporary or permanent removal of any User Content (defined below) uploaded by you to our Website;
(c) issue of a warning to you;
(d) legal proceedings against you for reimbursement of all of our costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
(e) further legal action against you; or
(f) disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
5. Registration
5.1. You acknowledge and agree that to access and use certain Services on our Website, you will be required to register for an account on our Website. When you register for an account on our Website, you undertake and warrant to us that:
(a) if the account is for you personally, you are at least 18 years old and you have the legal authority and capacity to enter into a valid and binding agreement between you and us, and between you and any Vendor; and
(b) if the account is for a business entity, a corporation or an organisation (the “Entity”), you have the legal authority to create valid and binding legal obligations on behalf of the Entity and the Entity has the legal capacity
and authority to enter into a valid and binding agreement with us and any Vendor.
5.2. You will be required to and shall provide us with accurate, complete and updated registration information to create your user account.
5.3. You are solely responsible for maintaining the confidentiality and security of your user account, User ID, any password and other registration information you provide to us when registering for the account.
5.4. You agree to inform us in writing of any unauthorised use of your user account, User ID or password or other registration information.
5.5. We will not be responsible or liable for any loss or damage incurred or suffered by you or any person due to, as a consequence of or arising from any use of your user account, User ID and/or password and/or performing any transactions
and/or obtaining and/or making payment of any monies belonging to you.
5.6. We may at any time, without assigning any reason and without notice, invalidate your User ID, password and terminate your account. If you provide us with or use information you are not authorised to provide or use, your account will be
immediately terminated.
5.7. Any act or omission that in any way violates these Terms and Conditions of Use or any posted restrictions or guidelines may result, at our sole discretion, in the termination of your account. We shall have the right to investigate and
prosecute any violation of any of these Terms to the fullest extent of the law. Where applicable, we will co-operate with law enforcement authorities in prosecuting any violation of these Terms and Conditions of Use that are also a breach
of any applicable laws.
6. Restrictions on Use of Content and Software
6.1. You are not permitted to reproduce, copy, reformat, modify, publish, broadcast, rebroadcast, record, transmit, distribute, upload, post, display, license or sell in any manner any of the Content without the prior written consent of the Content’s
respective owner(s), or in any way that violates any third-party rights.
6.2. You may store, print and display the Content supplied solely for your own personal use. You must not use any part of the Content of our Website for commercial purposes without obtaining a licence to do so from us or our licensors.
6.3. You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by us or our licensors. No licence or consent is granted to you to use these
software in any way. You must not create and/or publish your own database that features substantial parts of our Website (e.g. sale prices and listings) without our prior written consent.
6.4. Except where expressly stated to the contrary all persons (including their names and images), trademarks of Vendors and third parties, and images of products, services and/or locations featured on our Website are in no way associated, linked
or affiliated with us and you should not rely on the existence of such a connection or affiliation. Any trade marks featured on our Website are owned by the respective trade mark owners.
7. Uploading Content to our Website
7.1. Whenever you make use of a feature that allows you to upload content to our Website and/or to make contact with other users of our Website (the “User Content”), you must comply with the content standards set out in this Clause 7.
7.2. User Content Standards
User Content must not
(a) Be defamatory of any person.
(b) Be obscene, offensive, hateful or inflammatory.
(c) Bully, insult, intimidate or humiliate.
(d) Promote sexually explicit material.
(e) Include child sexual abuse material.
(f) Promote violence.
(g) Promote discrimination based on race, sex, religion, nationality, or disability.
(h) Infringe any copyright, database right, trade mark or other intellectual property rights of any other person.
(i) Be likely to deceive any person.
(j) Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
(k) Promote any illegal activity.
(l) Be in contempt of court.
(m) Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.
(n) Be likely to harass, upset, embarrass, alarm or annoy any other person.
(o) Impersonate any person, or misrepresent your identity or affiliation with any person.
(p) Give the impression that the User Content emanates from us, if this is not the case.
(q) Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
(r) Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement
to the commission, preparation or instigation of acts of terrorism.
(s) Contain any advertising or promote any services or web links to other websites.
7.3. Any User Content you upload to our Website will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your User Content, but you are required to grant other users of our Website a limited licence to use,
store and copy that User Content and to distribute and make it available to third parties. You also grant us a worldwide, royalty-free and non-terminable licence to use, copy, distribute, publish and transmit such User Content in any manner.
7.4. You are solely responsible for backing up any User Content you upload or post to our Website.
7.5. We will have no obligation to monitor User Content uploaded to our Website. Postings of User Content are the sole responsibility of the person from whom such postings originate.
7.6. We reserve the right to review User Content posted or uploaded on our Website and to remove any User Content at our sole and absolute discretion without prior notice and without having to give any reason.
7.7. We shall be entitled, at our sole discretion, to terminate or block your access to any feature that allows the uploading or posting of User Content.
7.8. We further reserve the right to disclose any information as we deem necessary to satisfy any applicable law, regulation or legal process, or to edit, remove, or refuse to post any User Content in our sole discretion.
7.9. We disclaim any liability with regard to the User Content uploaded to our Website or any actions resulting from your use of any feature that allows the uploading or posting of User Content.
8. Disclaimer of Liability
8.1. Our Website and the Content are provided on an “as is” basis without any guarantees, conditions or warranties of any kind. To the fullest extent permitted by law, we hereby disclaim and expressly exclude any representation, guarantee
and warranty:-
(a) as to the accuracy, correctness, reliability, timeliness, non-infringement, title or fitness for any particular purpose of the Content; and
(b) that the Content available through our Website or any functions associated therewith will be uninterrupted or error-free, or that defects will be corrected or that our Website and its server will be free of all bugs, viruses and/or other harmful
elements.
8.2. To the fullest extent permitted by law, we and the Vendors, Content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and
shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill
or reputation, or the cost of procurement of substitute goods, events or services, arising out of or in connection with the use, inability to use, performance or failures of our Website, the Linked Sites (defined below) and any materials posted
thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise (“Claims”). This does not affect our liability for death or personal injury arising
from our negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
8.3. If we are nevertheless found liable, to the fullest extent permitted by applicable laws, and not withstanding any other provision of these Terms and Conditions of Use, our aggregate liability (including that of our directors, officers, employees,
agents, and affiliates) to you and anyone claiming by or through you for all Claims resulting from or in any way related to the Terms and Conditions of Use shall not exceed United States of America Dollars Two Hundred (USD200.00). It is intended
that this limitation apply to any and all liability or cause of action however alleged or arising, unless otherwise prohibited by applicable laws.
9. Links to Other Websites
9.1. Our Website may contain links to other websites which are not owned, operated, or managed by us (the “Linked Sites”). We have no control over the Linked Sites and accept no responsibility for them or for any loss or damage that
may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.
10. Vendors, Descriptions and Complaints
10.1. Without affecting Clause 9.1 above, we may from time to time permit Vendors to offer packages, products and/or services on our Website and/or include links to packages, products and/or services available on the Vendors’ website(s)
and/or applications(s). You agree that:
(a) The links are provided for your convenience and are not an endorsement by us of any Vendor by us or of the contents of such websites or packages, products or services;
(b) We do not make any representation in relation to or warranty of any Vendor or the packages, products and/or the services provided by any Vendor;
(c) All packages or products sold, or services rendered and information provided by Vendors are those of the respective Vendor and not by us and are subject to the terms and conditions of sale or service of each such Vendor;
(d) Unless we expressly state otherwise, we are not party to any contract between you and any Vendor and if you enter into any contract for the supply of packages, products and/or services with any Vendor, you enter into such contracts at your
own risk;
(e) We do not accept any liability for damage or loss, however caused in connection with or arising from the use of or reliance on any information, material, products or services contained or accessed through such websites or applications.
10.2. We attempt to be as accurate as possible in the description of the Vendors’ packages, products and/or services on our Website. However, as the descriptions are based on information provided to us by the Vendors (who remain responsible
for the packages, products and/or services), we cannot guarantee that all descriptions are always accurate, complete or error free.
10.3. The images of, relating to or uploaded in respect of the Vendors’ packages, products and/or services on our Website are for illustrative purposes only.
10.4. Any complaints regarding the package, product and/or services of Vendors shall be directed to us at using the “Contact Us” page on the Website and we reserve the right to suggest and implement any appropriate resolution at our
sole and absolute discretion.
11. Orders, Pricing and Payments
11.1. All orders are subject to acceptance by relevant Vendor and availability.
11.2. While we try to ensure that the prices of Vendors’ packages, products and/or services stated on our Website are accurate, errors or price changes may occur. If there is any error or change in the prices of packages, products and/or
services in your order, we will inform you as soon as possible and give you the option of proceeding with your order at the correct or new price or cancelling it. If we are unable to contact you, your order will be automatically cancelled
and you will receive a full refund.
11.3. You will be required to provide your personal information and payment details when placing an order. By placing an order, you warrant that the personal information and payment details provided by you are complete and accurate, that you are
the person referred to in the information provided and that you are the owner of the credit card, debit card or PayNow account used.
11.4. Payment will be taken at the time the order is placed. All payments shall be made by way of the payment gateway(s) integrated on our Website.
11.5. We may not be the merchant of record for the sale and purchase transactions made on our Website. The merchant of record will be the Vendor or such other entity named as the merchant in the sale and purchase transaction.
11.6. After you have placed an order, and your order has been accepted, you will receive a confirmation via email or text confirmation to your mobile number indicating acceptance of your order and payment details of your purchase transaction.
11.7. We may refuse to process an order for any reason. If we refuse to process your order, we will provide you with a full refund of your purchase.
12. Refund, Exchange and Replacement Policy and Procedure
12.1. All claims for refunds, exchanges and replacements are subject to our approval at our sole and absolute discretion. You may contact us here at cs@uplay.com.sg to make a claim for a refund, exchange and/or replacement. All such claims are to be made within a 30 day period from the date of purchase.
12.2. We shall process refunds on behalf of the Vendor as part of providing refund processing services to the Vendor out of sums held by us for the Vendor.
12.3. The amount of refund processed by us (if any) will be determined by us at our sole and absolute discretion.
12.4. All refunds processed by us will be made to the debit card, credit card or PayNow account with which the Vendor’s packages, products and/or services were purchased.
13. Privacy Policy
13.1. We respect your privacy and recognise the importance of protecting your personal data. Please take the time to read our Privacy Policy, which is incorporated into these terms and conditions by reference.
13.2. If you have any questions, comments or requests regarding our Privacy Policy, please contact us at cs@uplay.com.sg.
14. Indemnity
14.1. You agree to hold harmless and indemnify us and our directors, officers, employees, agents, and affiliates, from any and all third party claims, liability, damages and costs (including, but not limited to, legal fees) arising from your use
our Website or your breach of these Terms and Conditions of Use.
15. Linking to our Website
15.1. You may link to our Website, provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval
or endorsement on our part where none exists.
15.2. You must not establish a link from any website that is not owned by you.
15.3. The website in which you are linking must comply in all respects with the User Content standards set out in Clause 7.2 above.
15.4. We reserve the right to withdraw linking permission at any time and, if we instruct you to remove a link to our Website, you must do so without delay.
16. Other Information
16.1. Severability: If any part of these Terms and Conditions of Use is unenforceable, the enforceability of any other part will not be affected, and all other clauses will remain in full force and effect. So far as possible where any paragraph/sub-paragraph
or part of a paragraph/sub-paragraph can be severed to render the remaining part valid, the relevant paragraph shall be interpreted accordingly. Alternatively, you agree that the relevant paragraph shall be rectified and interpreted in such
a way that closely resembles the original meaning of the paragraph/sub-paragraph as is permitted by law.
16.2. No waiver: If you breach these Terms and Conditions of Use and we take no action, or if we delay in taking action, that does not mean that we have waived our rights and we will still be entitled to use our rights and remedies.
16.3. Entire Agreement: These Terms and Conditions of Use constitute the entire agreement between you and us and they supersede any and all earlier agreements between you and us.
16.4. Assignment: You agree that we may assign and/or transfer our rights and obligations under these Terms and Conditions of Use to any company, firm or person that we deem appropriate. The rights granted to you under these Terms and Conditions
of Use are personal to you. You may not transfer or assign your rights or obligations under these Terms and Conditions of Use to anyone else.
16.5. Third Party Rights: Unless expressly provided in these Terms and Conditions of Use, a person or entity who has not agreed to be bound by these Terms and Conditions of Use shall not have any right to the benefit of any of its provisions or
to enforce any of these Terms and Conditions of Use.
16.6. Governing Law and Jurisdiction: All matters relating to your order, use of our Website or these Terms and Conditions of Use are governed by Singapore law. The courts of Singapore shall have non-exclusive jurisdiction over any dispute or
claim relating to these Terms and Conditions of Use.