MyMA Acceptable Use Policy
Last updated: May 2020
This Acceptable Use Policy ("AUP") sets out sets out the standards that apply when you use the MyMA Mobile Application ("App") developed and owned by the Provider ("WLC" or "us"), upload content to the App, link to the App, or interact with the App in any other way.
1. DEFINITIONS AND INTERPRETATION
1.1 Any capitalised expression used but not otherwise defined in this AUP shall have the meaning given to such expression in the App Terms and Conditions of Use issued by WLC, the latest version of which can be accessed in MyMA App and Website [https://www.myma.app/terms-and-conditions].
2. ACCEPTANCE OF APP AUP
2.1 By using or otherwise interacting with the App, you consent to the terms of this AUP, and agree to comply with the terms of this AUP. If you do not agree to the terms of this AUP, you must not continue your use of, or interaction with, the App.
3. USE OF THE APP
3.1 You may use the App only for lawful purposes, and for purposes which WLC has authorised you.
3.2 You shall not:
(a) use the App for any unlawful or inappropriate purposes, as determined by the Provider in its sole and absolute discretion, or in a manner which will or is likely to give rise to criminal or civil liability;
(b) use the App for the benefit of anyone other than for your own benefit, or sell, resell, license, sublicense, distribute, make available, rent, lease, or otherwise commercially exploit the App;
(c) access without authority, interfere with, damage or disrupt:
(i) any part of the App;
(ii) any equipment, software or network which is used in the provision or operation of the App, or on which the App relies on; or
(iii) any equipment, software or network owned or used by any third party;
(d) obtain unauthorised access to, interfere with, impair, restrict, degrade or otherwise undermine the security, integrity, functionality or performance of the App;
(e) reverse engineer, decompile, disassemble, disable, tamper with, or otherwise attempt to circumvent or work around restrictions, mechanisms, or technical limitations in the App;
(f) copy, modify, reverse engineer, decompile, disassemble, create derivative works or otherwise attempt to discover or extract any program, source code or underlying ideas or algorithms of the App;
(g) alter or modify any part of the App other than as may be reasonably necessary to use the App for its intended purposes;
(h) use the App for the benefit of anyone other than yourself;
(i) sell, resell, license, sublicense, distribute, make available, rent, lease, or otherwise commercially exploit the App;
(j) misuse or misappropriate information or content on the App, including but not limited to for use on a "mirrored", competitive, or third party site;
(k) use the App in any way which may:
(i) transmit more request messages to or from the App, in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser, provided however, that the operators of public search engines may use spiders or robots to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such material;
(ii) transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
(iii) transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
(iv) infringe upon the Intellectual Property Rights or proprietary rights of WLC or any third party;
(v) breach any Applicable Laws;
(vi) be unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
(l) use or transmit in any way, any data, information, graphics, software and any other material which contains or which may:
(i) contain viruses, worms or other potentially harmful components which may threaten, infect, damage or otherwise interfere with the App;
(ii) infringe upon the Intellectual Property Rights or proprietary rights of WLC or any third party; or
(iii) breach any Applicable Laws; or
(m) use any automated system, including but not limited to "robots", "spiders", "offline readers" and "scrapers" to access the App, for any purpose, without WLC's prior written approval;
(n) cause or permit any other party to do any of the foregoing.
4. CONTENT PROVIDED BY YOU
4.1 Any Content which you provide to WLC or any third parties through or using the App:
(a) must be:
(i) where it states facts, be accurate;
(ii) in relation to opinions, be genuinely held;
(iii) comply with all Applicable Laws; and
(b) must not:
(i) be defamatory of any person;
(ii) be obscene, offensive, hateful or inflammatory;
(iii) promote sexually explicit material;
(iv) promote violence;
(v) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
(vi) infringe upon the Intellectual Property Rights or proprietary rights of WLC or any third party;
(vii) be likely to deceive any person;
(viii) breach any legal duty or obligation owed to a third party, such as a contractual duty or a duty of confidence;
(ix) promote any illegal activity;
(x) be in contempt of court;
(xi) be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
(xii) be likely to harass, upset, embarrass, alarm or annoy any other person;
(xiii) impersonate any person, or misrepresent your identity or affiliation with any person;
(xiv) give the impression that the Content emanates from WLC or any other third parties, if this is not the case;
(xv) 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;
(xvi) 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; and
(xvii) contain any advertising or promote any services or web links to other sites.
5. BREACH OF AUP
5.1 Where WLC considers, in its sole and absolute discretion, that a breach of this AUP has occurred, WLC may take such action as it deems appropriate.
(a) immediately revoke or suspend your right to use the App, whether temporarily or permanently;
(b) immediately remove any Content which you have provided through or using the App;
(c) commence legal proceedings; and/or
(d) disclose such information to law enforcement authorities as WLC deems fit, in its sole and absolute discretion.
6. CHANGES TO THE AUP
WLC may, from time to time in our sole discretion, update this AUP, to ensure its consistency with WLC's needs, to satisfy legal or regulatory requirements, and/or to ensure consistency with future developments. You acknowledge and agree that you are bound by the AUP and any such changes to the AUP.
WLC shall not be liable to you for any indirect, incidental, special, punitive or consequential damages whatsoever, including but not limited to loss of revenues, profits or business or business interruption arising out of or in connection with this AUP, regardless of whether such damage was or could have been foreseen or prevented.
8. GOVERNING LAW AND DISPUTE RESOLUTION
8.1 This AUP (including non-contractual disputes or claims arising from or in connection with this AUP) is governed by and shall be construed in accordance with the laws of the Republic of Singapore.
8.2 Any dispute arising out of or in connection with this AUP, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre ("SIAC") 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. The place and seat of the arbitration shall be Singapore. The tribunal shall consist of one (1) arbitrator, such arbitrator to be appointed by mutual agreement between the Parties, or in the event that no mutual agreement is reached, then in accordance with the SIAC Rules.
The language to be used in the arbitral proceedings shall be English. The decision of the arbitrator shall be final and binding on all the Parties. The costs and expenses of the arbitration, including the fees of the arbitration and the arbitrator, shall be borne equally by each Party and each Party shall pay its own fees, disbursements and other charges of its counsel, except as may be determined by the tribunal.