Service Terms
Service Terms
Effective Date: 23 November 2021
The Service Terms below govern your use of the Services. Capitalised terms used in these Service Terms but not defined below are defined in the Accredify Master User Agreement or other agreement with us governing your use of the Services (the “Agreement”).
1. Universal service terms (applicable to all services).
1.1. You may not transfer outside the Services any software (including related documentation) you obtain from us or third party licensors in connection with the Services without specific authorisation to do so.
1.2. You must comply with current technical documentation applicable to the Services (including applicable developer guides) posted on the Accredify Site.
1.3. You will provide information or other materials related to Your Content as reasonably requested by us to verify your compliance with the Agreement. You will reasonably cooperate with us to identify the source of any problem with the Services that we reasonably believe may be attributable to Your Content or any end user materials that you control.
1.4. In connection with your use of the Services, you are responsible for maintaining licenses and adhering to the license terms of any software you run. If we reasonably believe any of Your Content violates the law, infringes or misappropriates the rights of any third party, or otherwise violates a material term of the Agreement (including the documentation, the Service Terms, or the Acceptable Use Policy) (“Prohibited Content”), we will notify you of the Prohibited Content and may request that such content be removed from the Services or access to it be disabled. If you do not remove or disable access to the Prohibited Content within 2 business days of our notice, we may remove or disable access to the Prohibited Content or suspend the Services to the extent we are not able to remove or disable access to the Prohibited Content. Notwithstanding the foregoing, we may remove or disable access to any Prohibited Content without prior notice in connection with illegal content, where the content may disrupt or threaten the Services or in accordance with applicable law or any judicial, regulatory or other governmental order or request. In the event that we remove Your Content without prior notice, we will provide prompt notice to you unless prohibited by law. We terminate the accounts of repeat infringers in appropriate circumstances.
1.5. You will ensure that all information you provide to us via the Accredify Site (e.g., information provided in connection with your registration for the Services, requests for increased usage limits) is accurate, complete, and not misleading.
1.6. From time to time, we may apply upgrades, patches, bug fixes, or other maintenance to the Services and Accredify Content (“Maintenance”). We agree to use reasonable efforts to provide you with prior notice of any scheduled Maintenance (except for emergency Maintenance), and you agree to use reasonable efforts to comply with any Maintenance requirements that we notify you about.
1.7. If your Agreement does not include a provision on Accredify Confidential Information, and you and Accredify do not have an effective non-disclosure agreement in place, then you agree that you will not disclose Accredify Confidential Information (as defined in the Accredify Master User Agreement), except as required by law.
1.8. Only the applicable Accredify Contracting Party (as defined in the Accredify Master User Agreement) will have obligations with respect to each Accredify account, and no other Accredify Contracting Party has any obligation with respect to such account.
1.9. When you use a Service, you may be able to use or be required to use one or more other Services (each, an “Associated Service”), and when you use an Associated Service, you are subject to the terms and fees that apply to that Associated Service.
1.10. If you process the personal data of End Users or other identifiable individuals in your use of a Service, you are responsible for providing legally adequate privacy notices and obtaining necessary consents for the processing of such data. You represent to us that you have provided all necessary privacy notices and obtained all necessary consents. You are solely responsible for processing such data in accordance with applicable law.
1.11. These Service Terms incorporates the Data Protection Notice, when the PDPA applies to your use of the Accredify Services to process Personal Data (as defined in the Data Protection Notice).
1.12. Following closure and use of your Accredify account, we will delete Your Content in accordance with the Master User Agreement.
1.13. Your receipt and use of any Rewards and Credits is subject to the Accredify Referral Program Terms and Conditions when such referral programs are ongoing from time to time.
1.14. All payment for the purchase of Services to Accredify shall be in Singapore Dollar (“Payment Currency”). You must pay invoices in the Payment Currency specified on each invoice, but, for credit card or debit card purchases, you may only make payments in currencies supported by the issuer of your card. If the issuer of your credit card or debit card does not support the required Payment Currency, you must use a different payment method that does support paying in the Payment Currency.
2. Beta and previews.
2.1. This Section describes the additional terms and conditions under which you may access and use certain features, technologies, and services made available to you by Accredify that are not yet generally available, including, but not limited to, any products, services, or features labelled “beta”, “preview”, “pre-release”, or “experimental”, and any related Accredify Content (each, a “Beta Service”).
2.2. You must comply with all terms related to any Beta Service as posted on the Accredify Site or otherwise made available to you. Accredify may add or modify terms, including lowering or raising any usage limits, related to access to or use of any Beta Services at any time. Service Level Agreements do not apply to Beta Services.
2.3. You may provide Accredify with information relating to your access, use, testing, or evaluation of Beta Services, including observations or information regarding the performance, features, and functionality of Beta Services (“Test Observations”). Accredify will own and may use and evaluate all Test Observations for its own purposes. You will not use any Test Observations except for your internal evaluation purposes of any Beta Service.
2.4. Accredify may suspend or terminate your access to or use of any Beta Service at any time. Your access to and use of each Beta Service will automatically terminate upon the release of a generally available version of the applicable Beta Service or upon notice of termination by Accredify. Notwithstanding anything to the contrary in the Agreement, after suspension or termination of your access to or use of any Beta Service for any reason, (a) you will not have any further right to access or use the applicable Beta Service, and (b) Your Content used in the applicable Beta Service may be deleted or inaccessible.
2.5. Test Observations, Suggestions concerning a Beta Service, and any other information about or involving (including the existence of) any Beta Service are considered Accredify Confidential Information.
2.6. WITHOUT LIMITING ANY DISCLAIMERS IN THE AGREEMENT OR THE SERVICE TERMS, BETA SERVICES ARE NOT READY FOR GENERAL COMMERCIAL RELEASE AND MAY CONTAIN BUGS, ERRORS, DEFECTS, OR HARMFUL COMPONENTS. ACCORDINGLY, AND NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE AGREEMENT OR THESE SERVICES TERMS, ACCREDIFY IS PROVIDING BETA SERVICES TO YOU “AS IS” AND “AS AVAILABLE”. ACCREDIFY AND ITS AFFILIATES AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE REGARDING BETA SERVICES, INCLUDING ANY WARRANTY THAT THE BETA SERVICES WILL BECOME GENERALLY AVAILABLE, BE UNINTERRUPTED, ERROR FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT, INCLUDING YOUR CONTENT, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. EXCEPT TO THE EXTENT PROHIBITED BY LAW, ACCREDIFY AND ITS AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. ACCREDIFY’s AND ITS AFFILIATES’ AND LICENSORS’ AGGREGATE LIABILITY FOR ANY BETA SERVICES WILL BE LIMITED TO THE AMOUNT YOU ACTUALLY PAY US UNDER THIS AGREEMENT FOR THE SERVICES THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS PRECEDING THE CLAIM
3. Accredify dashboard for healthcare providers.
3.1. Government Technology Agency (the “GovTech“) provides the service of facilitating the digital authentication and endorsement by the Ministry of Health of a valid HealthCert for presentation to authorities outside Singapore.
3.2. Accredfy’s Dashboard is integrated with GovTech’s Notarise APIs to transfer to GovTech HealthCerts for digital authentication and endorsement, and after GovTech has digitally authenticated and endorsed the HealthCert, for Accredify to receive such digitally authenticated and endorsed HealthCerts.
3.3. If you are an issuer of a HealthCert, a user of the HealthCert or Notarise APIs that uses Accredify Dashboard, you are required to give notice to the patient, traveller or person to whom the HealthCert relates (the “Individual“) the Terms of Use located at https://www.notarise.gov.sg/terms-of-use (and any successor or related locations designated by GovTech), as may be updated by GovTech from time to time) and in particular, the Privacy Policy located at https://www.notarise.gov.sg/privacy-policy (and any successor or related locations designated by GovTech), as may be updated by GovTech from time to time). You are required to obtain the Individual’s agreement to the Terms of Use and the Privacy Policy and, where necessary, the consent of the Individual for the Notarise portal to push or send notifications or messages to the Individual’s SingPass Mobile inbox or such other means of contact as designated by GovTech from time to time.
3.4. Upon receiving from GovTech the digitally authenticated and endorsed HealthCerts, Accredify will, and you provide consent to Accredify to, transfer to the Individual their digitally authenticated and endorsed HeathCerts.
3.5. Without prejudice to Accredify’s other rights under the Accredify Master User Agreement, Accredify shall have no liability to you or any third party and shall not be responsible for your use of any software or service of a third party, including GovTech. By using and continuing to use the Accredify Dashboard for the purpose of creating and issuing HealthCerts, you are deemed to have agreed and complied, and continue to agree and comply with, the provisions of this Clause 3 of this Services Terms.
4. Accredify dashboard for self-administered tests.
4.1. Accredify provides the service of allowing individuals to record their self-administered Covid-19 test results and disclose it to organisations (e.g. employers) that required or requested such individuals to conduct those tests. Such organisations may be requested or required by governmental authorities like the Health Promotion Board to submit a report of the test results of individuals on an ad-hoc or regular basis.
4.2. Individuals that provided Accredify with Personal Data regarding their self-administered Covid-19 test results for collection, use, and disclosure shall have, or deemed to have, provided all required consent to Accredify in accordance to the Privacy Notice, including disclosure of information regarding their self-administered Covid-19 test results, to organisations that required or requested such individuals to conduct such tests.
4.3 Organisations that provided Accredify with Personal Data regarding their individuals (e.g. employees), including their self-administered Covid-19 test results for collection, use, and disclosure shall have, or deemed to have, obtained from individuals and provided all required consent to Accredify in accordance to the Data Protection Notice. Organisations, through Accredify Dashboard, may use the information, regarding their self-administered Covid-19 test results, including their Personal Data, that individuals have disclosed to it, to generate and issue health certificates like Covid-19 test results in the HealthCerts format, Covid-19 Test Credentials that will be accepted for IATA Travel Pass or other similar health certificates schemas that Accredify may support at any time and from time to time and to report and disclose such information and health certificates to governmental authorities like the Health Promotion Board. Such organisations shall have, or deemed to have, obtained all required consents from individuals and other relevant third parties and provided all required consent to Accredify to collect, use, and disclose such information and health certificates where applicable. Where organisations or individuals disclosed any information and health certificates regarding the self-administration of Covid-19 tests to the Health Promotion Board, such organisations or individuals shall have, or deemed to have, agreed and consented to the Terms and Conditions and Privacy Statement of the Health Promotion Board located https://file.go.gov.sg/covid-19-self-testing-portal-terms-of-use.pdf and https://www.hpb.gov.sg/privacy-statement respectively (and any successor or related locations designated by Health Promotion Board) and any other provisions that are applicable to such organisations or individuals at any time and from time to time required by any applicable governmental authorities.
4.4. Without prejudice to any provision in the Master Service Agreement, Accredify shall have no liability in any way to organisations or individuals that use the Accredify Dashboard for self-administered Covid-19 tests, or any third parties if any such organisation or individual provided Accredify with any and all information that is incomplete, inaccurate, untrue, or incorrect or breaches any term of this Clause 4 of this Service Terms, and such organisation or individual undertakes to indemnify Accredify in full and on demand from and against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) suffered or incurred by Accredify arising out of or in connection with the foregoing. By using and continuing to use the Accredify Dashboard for the purposes relating to self-administered Covid-19 testing, you are deemed to have agreed and complied, and continue to agree and comply with, the provisions of this Clause 4 of this Services Terms.
Effective as of 23 November 2021, Accredify Pte. Ltd. have updated our service term.