|
DEFINITIONS
In the terms and conditions
below, the following words have these meanings.
Services
-
The service(s) is the storage of information supplied by the
customer or their agent relating to the customers equipment and
contact details.
Customer(s)
-
The customer(s) is the individual or organisation that has
supplied, or had supplied by their agent, their equipment and
contact information.
Database
-
The database is the system on which the information is held.
Agent
-
An agent is a company or organisation that with the
customers permission has put their information on the database,
this may include a retailer, insurer, network or other authorised
authority.
Recovery Organisations
-
Recovery organisations means any organisation that recovers
equipment after loss, this includes amongst others, transport,
tourist attractions, shopping centres, galleries, hotels, lost
property etc. It does not include individual members of the
public.
Information
-
Information means any information stored on the secure
database.
1
THE SERVICES
-
1.1
The services to be provided by MPSD
shall be the storage of information supplied by the customer or
their agents relating to the customer and the customer's equipment
on the Mobile Phone Database Crime Unit to identify the owner via
the secure database.
-
1.2
The customer or their agent shall only
supply to MPSD information relating to equipment that is owned by
the customer or for which the customer is contractually or legally
responsible.
-
1.3
The use by the customer of the
services does not confer on the customer any special ownership or
storage rights in relation to any equipment and the customer will
be subject to the normal policies, terms and procedures of
recovery organisations in relation to the retrieval of equipment
(which may include the requirement for security checks) and the
storage of equipment (which may include the right to dispose of
equipment after a specific period regardless of whether or not the
customer has supplied information relating to the equipment to
MPSD)
-
1.4
The customer shall be responsible for
maintaining the confidentiality of the customer's username and
password assigned to the customer on registration.
-
1.5
The charge of S$8.00 per SMS sent
applies for every successful integration and/or registration.
There will be no additional sub charges imposed during recovery,
after reporting of lost or stolen of registered Mobile
Equiptment.Upon expiry of the Minimum Period, the Services will
renew automatically via SMS confirmation for successive periods of
12 months each unless otherwise terminated in accordance.
Acceptance of the services by the
customer constitutes automatic acceptance of the Terms.
2
MPSD'S WARRANTY
-
2.1
MPSD shall perform the services with
reasonable skill and care.
-
2.2
Subject as set out above, all
conditions, warranties, terms and undertakings (express or implied
and statutory or otherwise) in respect of the performance by MPSD
of the services are excluded to the fullest extent permitted by
law.
3
LIMITATION OF LIABILITY
-
3.1
The customer acknowledges that the
services are limited to the compilation and provision of access to
the secure database.
-
3.2
The customer acknowledges that MPSD
will be relying on the accuracy of information provided by the
customer or their agent; and the customer or agent is responsible
for keeping the information on their account up to date.
-
3.3
MPSD will be providing access to the
information obtained from the customer (which may include
telephone number and postal address) to the recovery agencies in
order that the customer may be contacted so that any recovered
items can be returned. MPSD may also provide a service to other
bona fide recovery organisations that recover equipment after loss
and want to contact the owner; these organisations will not be
given any information about customers on the database, however
MPSD will use the information to contact the customer and assist
in recovery of the equipment.
-
3.4
Information provided will only be used
to return recovered equipment.
-
3.5
The customer agrees that the MPSD will
not be liable if the customer's equipment is not found, if the
information provided by the customer or its agent is inaccurate or
incomplete.
-
3.6
The MPSD's entire liability (including
any liability for the acts and omissions of its employees, agents
or sub-contractors) to the customer in respect of any breach of
the use of the system between MPSD and the customer and any
negligent act or omission arising in connection with such use
shall be limited to damages of an amount equal to the aggregate of
any for the 12 months immediately preceding the breach, act or
omission.
-
3.7
MPSD (and its employees, agents and
sub-contractors) shall not be liable to the customer for loss of
business, profits, contracts or goodwill or any type of special,
indirect or consequential loss (including loss or damage suffered
by the customer as a result of an action brought by a third party)
even if such loss was reasonably foreseeable or MPSD had been
advised of the possibility of the customer incurring the loss.
-
3.8
Nothing in the use of the service
shall limit MPSD liability to the customer for death or injury
resulting from its own negligence or for fraud.
-
3.9
Information held on the database will
not be made available to any third party for marketing or
associated activity, however third party information may be
included in emails e.g. name and address of lost property offices
etc.
4
FORCE MAJEURE
-
4.1
MPSD shall not be liable for any
breach of its obligations from the use of this service resulting
from causes beyond its reasonable control, including but not
limited to fires, strikes (of its own or other employees),
insurrection or riots, requirements or regulations of any civil or
military authority and inability to obtain services from third
parties.
5
INDEMNITY
-
5.1
The customer undertakes to indemnify
and hold harmless MPSD (and its employees, agents and
sub-contractors) against any loss or damage that they may suffer
as a result of a breach by the customer of the use of the service.
6
TERMINATION
-
6.1
The use of the service can be
terminated by the customer at any time, with prior notice
subjected to non-refundable. If MPSD terminate the service, it
will use the information provided in the account to give 28 days
notice.
7
VARIATION
-
7.1
MPSD reserves the right to amend these
terms and conditions at any time at its absolute discretion and
without notice. When the initial period of the Services expires,
this Agreement will be automatically renewed for a further period
equal to that initial period unless either party gives the other
party the following length of notice of its intention not to renew
before the expiry of the initial period. Registration shall
constitute the acceptance of these terms and conditions and the
amendments thereof. We may at any time revise these terms by
updating this version. By using MPSD website and/or short messages
services system registration, you agree to be bound by any such
revisions. Please therefore visit this web page periodically to
determine any changes to these terms.
8
ASSIGNMENT
-
8.1
The customer shall not be entitled to
assign the benefit of the service without the prior written
consent of MPSD.
9
HEADINGS
-
9.1
Headings to clauses in these terms are
for the purpose of information and identification only and shall
not be construed as forming part of any contract.
10
SPF and EPC weblink
-
10.1
The information such as the crime
statistics, and media releases, hyperlinks and Crime Watch
synopsis are the property of SPF and that the use of these
information does not, in anyway, represent the association or
endorsement and/or support of any products and services in MPSD
website.
-
10.2
Please note, all information, and/or
materials (including graphics, design, acoustics & accompaniments)
in this SPF and EPC Internet Website may not be used or
reproduced, in part or whole, without the written consent of the
Singapore Police Force, Public Affairs Department. Accordingly,
you should only access this website if you agree to abide by these
conditions.
11 VerifyMPSD
TERMS & CONDITIONS
Verify means
the VerifyMPSD enquiry submitted on the mpsdsingapore.org website or
via SMS or email. "Information" means the information relating to an
item that is compiled and supplied from our database in response to
your Verification. We, us and our means MPSDSingapore, who provide
the Information. You and your means the customer who is making the
Verification and is to receive the Information. Website means the
MPSD website on the World Wide Web. Contract means the contract
between you and MPSD for the supply of the Information which is made
subject to these Conditions.
By submitting
Verify to us, you are offering to enter into a Contract with us for
the provision of Information subject to these Conditions. This
Contract will only come into existence when we supply the
Information in response to your Verification. We reserve the right
to refuse this offer for any reason and without explanation.
The website is
intended normally to be available 24 hours a day and 7 days a week.
We will not be liable for any failure to achieve this level of
availability. The website may be suspended temporarily and without
notice in circumstances of system failure, maintenance or repair and
for reasons beyond our control.
MPSD is not
liable under any circumstances for any loss of business, loss of
capital, loss of profit, direct, indirect or consequential loss or
damage sustained, nor any damage to reputation or goodwill which may
arise out of, or in connection with, the Information, the Contract
or its subject matter whether caused by us, our employees or our
agents.
You instruct us
to carry out all processing of personal data that is necessary or
desirable for the provision of Information to you and the
fulfillment of our obligations under these Conditions. Subject to
the following provision personal data that you supply to us will not
be provided to third parties and will be held securely by us. We can
be compelled to disclose this data to the Police or other authorised
bodies for the purpose of investigating or preventing a crime. In
order to protect those making VerifyMPSD checks and owners, when
requesting a VerifyMPSD on the Website, via SMS or by email you
agree to our supplying data to the police or other law enforcement
authorities for the express purposes of the prevention and detection
of crime, arrest and prosecution of offenders or for the recovery of
stolen property.
MPSD retain all
right, title and interest in and to the content of the Website,
including without limitation copyright, trade marks, database rights
and other intellectual property rights, including without limitation
all such rights in information that is generated by our database.
The
Information, provided in fulfillment of the Contract is for your
personal use. You may not sell, reassign or supply the Information
to any third party although you may disclose the Information in the
course of negotiations for the purchase of an item to which the
Information relates.
|