These Terms of Use govern your access to and use of our services, including the application (whether as software or as a website or otherwise), its contents (including APIs, if any), push notifications and all other accompanying materials as identified in the Schedule below (collectively, the "Service").
This Service is provided to you by the Government Technology Agency ("GovTech") on behalf of the Government of Singapore ("we", "us" or "our" refers collectively to the Government of Singapore and GovTech).
By accessing or using any part of this Service, you unconditionally agree and accept to be legally bound by these Terms of Use and any amendments thereto from time to time. We reserve the right to change these Terms of Use at our sole discretion and at any time. Please read these Terms of Use carefully each time you access or use any part of this Service as (without prejudice to any other means your agreement to these Terms of Use as amended may manifest) such access or use shall constitute your agreement to these Terms of Use and any amendments to it. It is your responsibility to ensure that you are familiar with the most updated version of the Terms of Use. We may, at our sole discretion and without prejudice to our other rights under this Clause 1.3, also amend these Terms of Use by providing you with notice effective immediately or such other time designated by us, and such notice may be provided by any means we deem appropriate (for example, by posting the notice through the Service, any website related to the Service, or by email) Your continued access to or use of the Service after the effective date of the amendments constitute your agreement to the amended version of these Terms of Use.
If you do not agree to these Terms of Use (including any amendments thereto from time to time), please do not access or use this Service or any part of this Service.
Nature of this Service
Licence Terms and Restrictions
Account Access and Security
Third Party Materials
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 relating to the use of Third Party software or service (the "Third Party Terms"). The Third Party Terms shall be deemed to include any privacy policies and acceptable use policies as are applicable to you. We may be required under or as a result of the Third Party Terms to notify you of certain terms that apply to you (either directly as an end user, or as a party whose acts or omissions could cause us to breach the Third Party Terms) when you use the Services. An example of Third Party Terms may be open source software terms or standard form terms of the distribution platform from which you obtain any part of the Service (e.g. Google Play Store or Apple App Store terms) which bind us as a developer or user of the distribution platform (the "Distribution Terms"). Information on the Third Party Terms are embedded in the Service, already accounted for in these Terms of Use, publicly available (e.g. the Distribution Terms) or otherwise indicated in the Schedule herein. For the avoidance of doubt, insofar as this Clause 4 relates to the Distribution Terms, the relevant Distribution Terms are the terms of the specific distribution platform from which you obtained a copy of the software or application that is part of the Service. For example, if you obtained the said copy from the Google Play Store, then the relevant terms are Google's Distribution 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. It is your responsibility to comply with the Third Party Terms. In particular, you are deemed to have notice of the Third Party Terms that we (under the Third Party Terms) are 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.
If the Third Party Terms expressly or impliedly require us to incorporate certain terms in these Terms of Use (inclusive of terms which impose any minimum or maximum standards herein, and terms described in Clause 4.5 below), such terms are deemed to have been so incorporated (the "Incorporated Terms"). Examples of Incorporated Terms include provisions which require us to give you notice of certain rights and liabilities or require us to ensure that you acknowledge certain matters. Similarly, if the Third Party Terms expressly or impliedly require these Terms of Use to be altered such that the Third Party Terms are complied with, the parties herein agree that the Terms of Use shall be deemed to be so altered but only to the extent necessary for compliance.
Your Consent to Your Data and to Access Functions of Your Device
Ownership of Feedback/Requests/Suggestions
Confidentiality
If you receive information or data (in whatever form) from us or a Third Party which is designated to be confidential or proprietary or is otherwise reasonably understood to be confidential or proprietary (collectively, "Confidential Information"), you must not use, disclose or reproduce the Confidential Information except for the purpose for which it was provided to you, unless you have obtained our prior written consent or that of the Third Party (as the case may be). In all cases, you must protect Confidential Information to the same extent you protect your own confidential information but in no event less than a reasonable standard of care, to prevent any unauthorised access to Confidential Information. You must ensure that any recipients to whom Confidential Information is made available comply with the obligations contained in this Clause 5B.
Disclaimers and Indemnity
The Service is provided on an "as is" and "as available" basis without warranties of any kind. To the fullest extent permitted by law, we do not make any representations or warranties of any kind whatsoever in relation to the Service and hereby disclaim all express, implied and 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:
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
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 other malicious, destructive or corrupting code, programme or macro.
We shall 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 or not arising directly or indirectly from -
your access to or use of the Service, or any part thereof, or of any service provided by a Third Party;
any loss of access or use of the Service or any part of this Service, howsoever caused;
any inaccuracy or incompleteness in, or errors or omissions in the transmission of, the Service;
any delay or interruption in the transmission of the Service, whether caused by delay or interruption in transmission over the internet or otherwise;
any decision made or action taken by you or any third party in reliance upon the Service; or
any unauthorised access, management or use of your account.
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 services not provided by us (including a service provided by a Third Party), we make no representation or warranty in relation to such products, software, materials and services (including without limitation any representation or warranties as to timeliness, reliability, availability, interoperability, quality, fitness for purpose, non-infringement, suitability or accuracy).
You agree to defend and indemnify and keep us and our officers, employees, agents and contractors indemnified against all liabilities, losses, damages, costs or expenses (including legal costs on an indemnity basis) howsoever arising out of or in connection with your access or use of the Service, your access or use of any service provided by a Third Party or your non-compliance with the Terms of Use, Third Party Terms or Incorporated Terms, whether or not you had been advised or informed of the nature or extent of such liabilities, losses, damages, costs or expenses. You warrant and represent that your access or use of the Service does not and will not breach or violate any laws, regulations, trade, economic or export sanctions (wherever in the world) applicable to you, and that you must not transmit any malicious code, illegal, infringing or undesirable content or materials to us or our agents or any Third Party.
Hyperlinks
The Service contains hyperlinks to other sites ("Linked Sites"). Clicking on the hyperlinks will let you leave the Service and access the Linked Sites. The Linked Sites are not under our control and we are not responsible for the contents, information and uptime of any Linked Site, or any changes or updates to the Linked Sites. Use of the Linked Sites 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 us of the Linked Sites or of its contents and information.
Privacy Statement
Rights of Third Parties
Assignment
Severability
Order of Precedence
Entire Agreement
Waiver
Any delay, failure or omission on our part in enforcing any right, power, privilege, claim or remedy ("Remedy"), which is conferred under the Terms of Use or at law or in equity, or arises from any breach by you, shall not (a) be deemed to be or be construed as a waiver or variation of the Remedy, or of any other such Remedy, in respect of the particular circumstances in question, or (b) operate so as to bar the enforcement or exercise of the Remedy, or of any other such Remedy in any other subsequent instances.
Governing Law and Dispute Resolution
Subject to clause 11.3, any dispute arising out of or in connection with these Terms of Use, including any question regarding its existence, validity or termination, ("Dispute") shall be referred to and finally resolved in the Courts of the Republic of Singapore and the parties hereby submit to the exclusive jurisdiction of the Courts of the Republic of Singapore.
We may, at our sole discretion, refer any Dispute 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:
Name of Service: Career Kaki
Nature of Service
The Service facilitates individuals to use career advisory offerings. This includes the following features such as:
Special Terms
Service Downtime
Data Management
You bear full responsibility for all information, data and materials (including their derivatives) which we may access or receive from you, in the course of providing the Service ("Your Data").
Third party software/services
Career Kaki utilizes the Microsoft Azure OpenAI Service as a limited access service. You must not use the Azure OpenAI Service to discover any underlying components of the models, algorithms, and systems, such as exfiltrating the weights of models and shall not use web scraping, web harvesting, or web data extraction methods to extract data from the Azure OpenAI Service or from any data or content output by the Azure OpenAI Service. The Microsoft Azure OpenAI Service terms may be found here: https://www.microsoft.com/licensing/terms/productoffering/MicrosoftAzure/MCA.
Career Kaki utilizes SkillsFuture Singapore's Careers & Skills Passport Service as a limited access service. The SkillsFuture Singapore's Careers & Skills Passport Service terms may be found here: https://www.myskillsfuture.gov.sg/content/portal/en/footer/terms-of-use.html.