1.2 These Terms constitutes a legal agreement between you and us.
1.3 By accessing or using the Theology for Life (TFL) platform, you are taken to have agreed to the terms and conditions under this TFLUA.
2.1 Where the context so admits, the words and expressions used in this TFLUA shall have the following meaning:
Access Method means any user identification, password or other security credentials assigned to you and required to access and use TFL or parts thereof;
Account means any account which we may set up for you and granted access to you pursuant to any agreement;
Applicable Laws means all applicable local or foreign laws, rules, acts, regulations, subsidiary legislation notices, notification, circulars, license conditions, directions, requests, requirements, guidelines, directives, codes, information papers, practice notes, demands, guidance and or decision of any national, state or local government, any agency, exchange, regulatory, or self- regulatory body, law enforcement body, court, central bank or tax revenue authority or any other authority whether in Singapore or elsewhere, whether having the force of law or not (including any intergovernmental agreement between the government or regulatory authorities of two or more jurisdiction or otherwise), as may be amended from time to time;
BGST means the Biblical Graduate School of Theology (BGST) (UEN No. S90SS0045J), a registered society administering and operating TFL;
Business Day means a day, other than Saturday or Sunday or Public Holiday, on which we are open for business (from 9am to 5pm Singapore time), and in the context of Instructions and transactions involving a foreign element, a day, other than a Saturday or Sunday, when we and the relevant financial markets and institutions in the country concerned are open for business;
Instructions mean any communication, instruction, order, message data or information received by us through or pursuant to TFL or otherwise referable to your Access methods, and any information delivered to us offline by any methods as we may agree;
Personal Data has the meaning ascribed to it in the Personal Data Protection Act (No.26 of 2012) of Singapore;
Theology for Life (TFL) means the online platform (accessible through our website at www.theologyforlife.sg or through our mobile application) operated by us;
Service means any service provided by us through TFL;
System means the hardware, software and telecommunication links or any part thereof used from time to time for the purpose of providing, supporting, accessing and/or otherwise referable to TFL;
Website means www.theologyforlife.sg, and any subdomain.
2.2 The words “we”, “us”, “our” or any of their derivatives refer to BGST and its successors and any novate, assignee, transferee or purchaser of BGST’s rights and/or obligations hereunder and any reference to BGST includes a reference to such successor, novate, assignee, transferee or purchaser.
2.3 The words “you”, “your”, “yours” or any of their derivatives refer to the person using or accessing TFL and shall include, as the context may require, personal representatives (as the case may be).
3.1 Account. You will need to create and maintain an account on TFL to purchase or access certain content on TFL. You must provide accurate and complete information to create and maintain the account, including a valid email address. Upon request, you shall provide a password, and answers to security questions (or any other information we may request), which are necessary for you to gain access to restricted areas of TFL.
3.2 Provision of information by you. We may require additional information, confirmation or declaration from you each time you access TFL or certain parts or areas of TFL, and you shall provide such information, confirmation, or declaration promptly. You represent and warrant that each information, confirmation or declaration you provide to us is accurate, true and complete, and not misleading in any material particular.
3.3 Security Measures. Your access and use of TFL shall be strictly limited to yourself. You agree that:
3.3.1 We may determine the appropriate Access Methods, which may involve a combination of one or more access controls;
3.3.2 You shall be solely responsible for ensuring secure internal and, to the fullest extent possible, external controls on access to and use of TFL, including but not limited to the security and confidentiality of your Access Methods (such as your password and answers to security questions). If your Access Methods are stolen, lost, damaged, or compromised, or if you suspect any unauthorized use of your Access Methods, you shall immediately notify us in writing. We shall be entitled to terminate or suspend your Access Methods, provided always that you shall remain responsible for any actions taken through the use of your Access Methods before they are so terminated or suspended; and
3.3.3 You shall be solely responsible for, and be bound by, all acts or omissions of any person using TFL through your Account or Access Methods. We are under no duty of inquiry regarding the identity, authority or capacity of any such person and are entitled to rely on any instructions submitted by any person accessing or using TFL through your Access Methods, or through Alternative Methods, even if made fraudulently and even if they conflict with the terms of any other instructions given by you.
3.4 Compliance and Applicable Laws. You shall access and use TFL in compliance with all Applicable Laws. Without limiting the generality of the foregoing, your use of TFL shall be subject to such additional restrictions, terms and conditions of use, disclosures or disclaimers that may be communicated to you (whether by written or electronic means) in connection with such use.
3.5 Suspected breach of security. You must notify us immediately if you become aware of or have reasonable suspicion that there is any breach of security, loss, theft, or unauthorized use of your email address, password or answers to the security questions.
3.6 Keeping the integrity of TFL. You shall not introduce to TFL any content, materials, or code which contains any virus, Trojan horse, worms, time bomb, cancelbot or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or Personal Data. You undertake not to back into, disrupt, disable, burden, or otherwise interfere with the accessibility or impair the proper function of TFL, the services which we may provide to you pursuant to any agreement or the Systems, which shall include, without limitation, spoof attacks, backing, sniffing, tampering, denial-of-service attacks, tampering, reverse engineering or reprogramming.
4.1 You may purchase access to content on TFL or enrol for a paid course on or through TFL. The price for such content access or course enrolment is as stated in TFL. All listed prices are subject to applicable taxes unless otherwise stated. We reserve the right to amend the listed prices at any time without giving any reason or prior notice.
4.2 While we endeavour to provide an accurate description of the content, courses, products or services, we do not warrant that such description is accurate, current, or free from error. All descriptions are subject to change at any time without notice at our sole discretion.
4.3 We reserve the right to remove or discontinue any content, course, product or service from listing or availability for order at any time.
4.4 You may pay using any of the payment methods specified by us from time to time. The payment methods may be subject to additional terms as specified in writing by us from time to time.
4.5 You agree that you are subject to the applicable user agreement of your payment method. You may not claim against us for any failure, disruption or error in connection with the chosen payment method. We reserve the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to you or giving any reason.
5.1 Monitoring of access and use. We may monitor all your access to and use of TFL so as to detect an improper activity relating thereto and analyse usage and activity on TFL.
5.2 Right of termination. We reserve the right to restrict, temporarily or permanently the operation of TFL at any time and with immediate effect, without incurring liability of any kind to you, if any of the following events occur:
5.2.1 You have breached the Terms of this TFLUA;
5.2.2 You are using TFL in a manner that may cause us to breach Applicable Laws, have legal liability or disrupt others’ use of TFL;
5.2.3 You are using TFL for any illegal activities or where we have reasonable suspicion that you may be doing so;
5.2.4 We become aware or suspect that your Access Methods are stolen, lost, damaged or compromised;
5.2.5 We become aware or suspect that the person logged into using your Access Methods is not you;
5.2.6 We are required to do so by Applicable Laws or pursuant to a request by any government or regulatory body;
5.2.7 Schedule downtime or recurring downtime;
5.2.8 A Force Majeure Event;
5.2.9 You publish, post, transfer, distribute or upload any content or information to TFL which is false, misleading or inaccurate, or contains rude and inappropriate language;
5.2.10 You modify, adapt or reverse engineer TFL or any part thereof; or
5.2.11 You transmit any viruses, worms, defects, Trojan horses or any other items of a destructive nature, or that may otherwise compromise the security of TFL.
5.3 For the purpose of Clause 5.2 of this TFLUA, “Force Majeure Event” means any event beyond our reasonable control (and which does not relate to or arise by reason of our default or negligence) which renders impossible or hinders our performance of this TFLUA or the offering of TFL or any content therein, including, without limitation:
5.3.1 War, riot, civil unrest or revolution, sabotage, terrorism, insurrection, acts of civil or military authority, imposition of sanctions, embargo, breaking off of diplomatic relations or similar actions;
5.3.2 Terrorist attacks, civil war, civil commotions or riots;
5.3.3 Acts of God, epidemic, pandemic, flood, earthquake, typhoon or other natural disasters or adverse weather or environmental condition;
5.3.4 Any act of state or other exercise of sovereign, judicial or executive prerogative by any government or public authority, including expropriation, nationalization or compulsory acquisition or acts claimed to be justified by executive necessity;
5.3.5 Fire, explosion or accidental damage;
5.3.6 Collapse of building structures or failures of plant machinery, computers or vehicles;
5.3.7 Interruption of failure of utility service, including but not limited to electric power, gas or water; or
5.3.8 Any labour disputes, including but not limited to strikes, industrial actions or lockouts;
5.4 For the avoidance of doubt, we shall not be in breach of this TFLUA, not liable for any failure or delay in the performance of any other obligations under this TFLUA arising from or attributable to any of the circumstances giving rise to a right to termination under Clause 5.2 of this TFLUA.
6.1 If you purchase access to or enrol for a course or other content, or if you are able to access any content for free, you are given a limited non exclusive, non-transferable licence by us only to view the content for your personal, non-commercial, educational purposes. All other uses are prohibited. Such content is not sold to you. You shall not copy, publish, adapt, resell, reproduce, redistribute, transmit, assign, sell, broadcast, share, modify, edit, create derivative works of, sublicense, or otherwise transfer or use any content or material on TFL.
6.2 The names, images and logos or any other trademarks (“Marks”) identifying us or third parties and their products and services are subject to copyright, design rights and trademarks of us and/or third parties, and all rights to the Marks are expressly reserved by us or the relevant third parties. Nothing contained in this TFLUA shall be construed as conferring on you any license or right to use any trademark, patent, design right or copyright belonging to us or any other third party, without the prior written consent of us or such third party. You shall not use our Marks or the Marks of any other third party in any way, including in any advertising or publicity, or as a hyperlink without our prior written consent.
6.3 We, or licensors who have granted us the relevant licences, own and retain all rights, titles and interests in and to (a) TFL; (b) all hardware, software and other items used to provide the services to you; and (c) all materials on TFL, including without limitation, information, databases, data, documents, graphics, audio, and video.
6.4 By submitting, posting or displaying content on or through TFL, you grant to us an irrevocable, worldwide, non-exclusive, royalty-free license to reproduce, adapt and publish such content on TFL for the purpose of operating, publication, distribution or displaying on, or promoting TFL or any other services we may provide to you. You further grant to us an irrevocable, non-exclusive license to use such content submitted, posted or displayed for any purpose, including the developing and/or marketing of any of our services. We reserve the right to retain an archival record of all such content including those deleted or removed by you.
6.5 For the avoidance of doubt, nothing in this TFLUA shall be deemed to confer on you, or transfers to you, any title, ownership, interest or any other right to any content or intellectual property on TFL.
6.6 You shall not imitate, copy, modify, decompile, disassemble, reverse engineer, distribute, disseminate, reproduce, license or create any derivative works from, assign, transfer or sell, in full or in part and in any way, TFL or any information, data, content, course, product, or service obtained from TFL. Unauthorized conduct or use of TFL or the TFL contents may violate our or any third-party owners’ IPR and may also be an offence under the Computer Misuse Act, Cap 50A of the Republic of Singapore.
7.1 TFL is provided “As Is” on an “Is Available” basis without any representations or any kind of warranties whatsoever (whether expressed or implied by law). We disclaim to the fullest extent permitted all express, implied and statutory warranties, including without limitation, the warranties as to functionality, operability, accessibility, accuracy, correctness, reliability, updated-ness, timeliness, satisfactory quality, merchantability, fitness for a particular purpose, and non-infringement of proprietary rights as regards to TFL and its contents. Without limiting the foregoing, we do not warrant that our services, functions contained in or access to TFL or other content will be timely, uninterrupted or error-free without omission, that defects will be corrected, or that TFL or its contents are free of infection by computer viruses and/or other harmful or corrupting code, programme, macro and such other unauthorized software, or that the download, installation or use of any Systems or content of TFL in or with any computer will not affect functionality or performance of the computer. We are not responsible or liable for the deletion or failure to store any content maintained or posted by or through TFL.
7.2 Third Party Sites. TFL may contain links to other websites which are not maintained by us. Similarly, other websites may contain links to TFL. We have no control over such sites and resources, and you acknowledge and agree that we are not responsible for the availability or contents of those websites and shall not be liable for any damages or injury arising from the availability or contents of those websites. Any links to other websites are provided as a convenience to you as a user of TFL and does not imply our endorsement of the linked website or association with their operators. We disclaim all responsibility and liability, direct or indirect, for any damages or losses (including any virus, spyware, malware, worms, errors or damaging materials contained in the linked sites) caused or alleged to be caused by or in connection with the use or reliance on any such content available on or through any such site or resource, which are accessed and used at your own risks.
7.3 Assumption of Risks. You acknowledge there are certain security, corruption, transmission error and availability risks associated with using TFL and agree, to the maximum extent permitted under Applicable Law, to assume such risks. Without limiting the generality of the foregoing, you acknowledge and accept, given the nature of electronic transactions and electronic telecommunication platforms such as TFL, the unique risks of using TFL, which include, but are not limited to, the following:
7.3.1 Delays in, or inability to, access or use TFL due to any hardware, software, system or connection failure, error, malfunction, omission, interruption, delay in transmission, or computer virus;
7.3.2 Loss, or errors in transmission, of data or information that may occur due to any cause whatsoever, including any failure of any of our electrical, electronic, computer, microprocessor, recording or communication system;
7.3.3 The need to conduct maintenance of TFL system infrastructure from time to time, and any delay, failure, error or omission which may ensue therefrom; and
7.3.4 The failure of any electronic security measures including; without limitation, filters, authentication processes and anti-virus software, whether or not for the protection of the integrity of TFL, the privacy of your information or otherwise,
and you agree that we shall not bear any liability or losses of any kind, and you shall release us from any claim you may have, with respect to or referable to the above risks and any losses arising therefrom, regardless of whether we had been advised, or were aware of the possibility, of such risks. You shall assume the entire cost of all necessary servicing, repair, or correction, including any defect, problem or damage in the computer of Systems, if required.
7.4 Exclusion of Liability. To the maximum extent permitted under Applicable Law and without prejudice to any other rights we may have under this TFLUA, you acknowledge and agree that we, and our officers, employees, agents, successors, or assignees are not liable to you for any direct, indirect, consequential, incidental, special or punitive losses suffered by you or any third party, whether arising based on a claim in contract, tort (including negligence), breach of statutory duty or otherwise, arising from or in connection with:
7.4.1 Any unavailability of TFL and/or your access or use (or inability to access or use) TFL;
7.4.2 Any failure of our System or TFL;
7.4.3 Any inaccuracies contained in information relating to the System;
7.4.4 Any failure to receive or delay in receiving Instructions because of any failure of your System or other facilities or the telecommunications links used to transmit the Instructions;
7.4.5 Any unauthorized use of TFL or Access Methods;
7.4.6 Any breach of security or unauthorized use of, corruption or transmission error associated with, our System or other facilities;
7.4.7 Any act or omission of telecommunications carriers, internet service providers or any other service providers;
7.4.8 The exercise of any of our rights under this TFLUA;
7.4.9 Our reliance on information submitted by you to us;
7.4.10 Any loss of revenue or business opportunities, loss of profit, loss of anticipated savings or business, loss of data, loss if goodwill, or loss of value of any equipment including software; or
7.4.11 Any event or circumstance beyond our control.
7.5 Your indemnities to us. To the maximum extent permitted under Applicable Law and without prejudice to any other rights we may have under this TFLUA, you shall indemnify, and shall keep indemnified, us and our officers, employees, agents, successors or assignees against any losses, including expenses and legal or other professional fees for disputing or defending any action, claim or proceeding, which we may incur or sustain (directly or indirectly) or which may be made against us in any jurisdiction as a result of or in connection with or arising out of:
7.5.1 Your use of TFL or our services;
7.5.2 Our operation of TFL or the provision of our services, save where such losses are directly caused by our own gross negligence or wilful default or that of our officers, employees or agents. Without prejudice to the generality of the foregoing, you shall indemnify us for any losses we may incur (directly or indirectly), from:
188.8.131.52 Any breach of, or non-compliance with, this TFLUA by you;
184.108.40.206 Any unauthorized use by any party of your Access Methods or TFL or any part thereof;
220.127.116.11 Any failure or malfunction in your System used in connection with TFL;
18.104.22.168 Any computer viruses or other malicious, destructive or corrupting code, agent, programme, macros or other software routine or hardware components designed to permit unauthorized access which have been introduced by you, which affects or causes TFL and/or our hardware, software and/or other automated system to fail or malfunction;
22.214.171.124 Any information or documents furnished by you to us, which is or proves to have been incorrect, incomplete or misleading in any material respect when provided, or any omission of material facts and information by you which would render any information relied upon by us to be misleading, inaccurate or incomplete;
126.96.36.199 The exercise of our rights under this TFLUA;
188.8.131.52 Your use or failure to use TFL; or
184.108.40.206 Any content provided or submitted by you violating any Applicable Laws or third-party rights including intellectual property rights.
8.1 Amendment. From time to time, we may amend or update these Terms, and we reserve the right in our sole discretion to modify and/or make changes to these Terms at any time. Modifications will become effective on the day they are posted unless otherwise stated. If you continue to use or access TFL after such modification has been posted, you are deemed to have agreed to such changes without reservations.
8.2 Assignment. You shall not have the right to assign any of such rights, undertakings, agreements, duties, liabilities and/or obligations hereunder, except with our written consent. We may assign or transfer any of our rights hereunder to any party without your consent, but subject to prior notification.
8.3 Survival on Termination. All disclaimers, indemnities and exclusions in this TFLUA shall survive the termination of this TFLUA.
8.4 Severance. If any provision of this TFLUA or part thereof is rendered void, illegal or unenforceable by any legislation to which it is subject, it shall be rendered void, illegal or unenforceable to that extent and no further and, for the avoidance of doubt, the rest of this TFLUA shall continue in full force and effect and the legality, validity and enforceability of the whole of this TFLUA in any other jurisdiction shall not be affected.
8.5 No Third-Party Rights. A person who is not a party to this TFLUA shall have no right under the Contracts (Rights of Third Parties) Act (Cap 53B) of Singapore or under any law, to enforce any provision in this TFLUA.
8.6 Governing Law and Jurisdiction. This TFLUA shall be governed by, and construed in accordance with, the laws of Singapore. Any dispute arising out of or in connection with this TFLUA and/or the documents referred to herein, including any question regarding their existence, validity or termination, shall be referred to and finally resolved by the Courts of Singapore and both you and we hereby unconditionally and irrevocably submit to the exclusive jurisdiction of the Courts of Singapore.
Unless otherwise expressly specified, this TFLUA embodies the entire understanding between you and us in respect of the matters contemplated herein and any prior or contemporaneous representations, either oral or written, are hereby superseded.