End User Terms of Use for the App myMBFS Singapore

PART I End User License Agreement (EULA)

1.1 Publisher and Provider
This App is being provided by its Publisher in an app store (“Platform”) of the individual operator (“Platform Operator”). The User contracts with the Publisher indicated therein who is the beneficiary of this EULA, unless the provider information indicates a different provider, then that Provider (“Provider”) is beneficiary of this EULA instead of the Publisher, who grants to the User the right to use the App in accordance with this EULA.

The Platform Operator is not contractual partner of the User regarding the App or its content.

1.2 User of the App and Purpose of the Use
The User contracts for use of the app either in its own capacity as a private person or as a representative of the enterprise, by which he is employed.
This App may only be used by the following users and only for the indicated purposes:
This App may be used by any lawfully eligible User for both personal as well as for business purposes.
By clicking on the “I Accept” or similar button and/or continuing with the installation or launch process for the App, the User represents and warrants to the Publisher/Provider that the User accepts all the terms and conditions of the EULA below.

1.3 Function and Purpose of the App
The function and the purpose of the App are described under App Description > i > App Description

1.4 Registration
In case a registration of a User account is required, the User must enter correct and complete data and keep such information current at all times. For the handling of this data, Part II is applicable.

2 Usage Rights

2.1 Range of Usage Rights
The lawfully eligible User is granted the non-exclusive, non-sublicensable, nontransferable and revocable right to use the App free of charge in accordance with the EULA. The license is limited in time to the term of this EULA or such EULA as may replace this EULA (unless otherwise specified).
Deviations and additions may result from information and terms for FOSS (sec. 2.2) and for third party content (sec. 2.3).

2.2 Usage Rights for FOSS
The App may contain parts of free and open source software (“FOSS”). For those components the INFORMATION AND TERMS FOR FOSS INFORMATION > i > Free & Open Source Software have priority over this EULA.

2.3 Third Party Content

The App may contain or use third party software or content. For those components the INFORMATION AND TERMS FOR THIRD PARTY CONTENT > i > Third Party Content have priority over this EULA. As far as rights are granted by a third party provider directly, the User enters into an agreement under the applicable terms with the third party provider (as set out in the hyperlink above) regarding the use of the third party content by agreeing to this EULA. In case of a breach or violation of that agreement the third party provider may raise claims against the User. The Publisher/Provider has no control over, and is not responsible for the content on external sites or for any damage the User may incur from such sites (including any virus, spyware, malware, worms, errors or damaging material contained in such sites) or the availability of any content on such sites, and the User hereby irrevocably waives any claim against the Publisher/Provider with respect to and claims arising out of or in connection with such sites.

2.4 Expiration of Usage Rights
In case of a breach of the User of any term of this EULA, the User’s license to use the App and its content automatically terminates.
Notwithstanding the foregoing, the Publisher and the Provider of the App may revoke the right to use the App by unilateral declaration with immediate effect.

2.5 Breaches
In addition to and without prejudice to the foregoing, in the event of unlawful use of the App and/or its contents, the Publisher/Provider reserves the right to discontinue any further use of the App by the User and take any relevant legal action against the User.

3 User Obligations

3.1 Confidentiality
The User may use the App and its content for the purposes stated herein only and may not make its content accessible to the public, e.g in social networks or by any other means.

3.2 Obligation to Inform about Dysfunctions/Defects/Bugs
The User may inform the App support about disruptions or malfunctioning of the App to the contact stated under App Support > i > App Support

3.3 Lawful Use
The User is obliged and warrants to use the App only in a lawful manner and in accordance with this EULA and applicable laws.

4 Limitation

4.1 Prohibitions Regarding Transfer and Exploitation
It is not permitted for the User to allow the use of the App by any third party, paid or nonpaid, or to publish, to license, to sell or otherwise commercially exploit the App. No rights may be granted over the App by the User, including rental, lease or transfer in any other way.

4.2. Prohibition of Changes
It is not permitted for the User to change, to adapt or adjust, to translate, to create derivative works, to decompile, to reverse engineer, to disassemble the App, or otherwise try to derive the source code of the App.

4.3 Effects on Software or Websites of the Publisher or a Third Party
Any use of the App that has a negative impact on the App itself, associated websites or on software that the App accesses, is forbidden.

5 Warranty for Defects

5.1 Provision Free of Charge under Exclusion of Claims with Regards to Warranties for Defects
THE APP IS PROVIDED ON AN "AS IS" BASIS AND FREE OF CHARGE ON THE PLATFORM. IN PARTICULAR, NO LIABILITY WILL BE ASSUMED FOR AVAILABILITY/UNAVAILABILITY OF THE APP AND ITS CONTENTS. CLAIMS WITH REGARDS TO WARRANTIES FOR DEFECTS OF THE APP ARE HEREBY EXPRESSLY EXCLUDED, EXCEPT FOR WILFUL MISCONDUCT OR GROSS NEGLIGENCE OF THE PUBLISHER OR THE PROVIDER OF THE APP.

5.2 Accuracy of Information
While the Publisher makes every effort to provide accurate and up to date information within the App, THE PUBLISHER DOES NOT ASSUME ANY RESPONSIBILITY REGARDING THE COMPLETENESS AND ACCURACY OF SUCH INFORMATION. THE PRESENTATION OF GOODS, SERVICES AND PRICES IS WITHOUT ANY GUARANTEE AS TO ITS COMPLETENESS AND ACCURACY AND CONSTITUTES NEITHER A CONTRACTUAL OFFER NOR A CLAIM FOR CONCLUSION OF A CONTRACT. References herein (and elsewhere in this EULA) to the Publisher shall include references to the Provider as the context permits.

5.3 Range of Warranty
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS SECTION 5, NOTHING IN THIS SECTION 5 SHALL LIMIT OR EXCLUDE ANY MANDATORY WARRANTY OF THE PUBLISHER OR OF THE PROVIDER TO THE EXTENT THAT SUCH LIMITATION OR EXCLUSION IS PROHIBITED UNDER APPLICABLE LAW.

6 Liability

6.1 Liability of Publisher and Provider
PERSONAL LIABILITY OF LEGAL REPRESENTATIVES, VICARIOUS AGENTS AND EMPLOYEES OF THE PUBLISHER AND THE PROVIDER FOR DAMAGES CAUSED BY ORDINARY NEGLIGENCE IS HEREBY EXCLUDED.

6.2 Indemnity
In case a claim is being raised against the Publisher or the Provider of the App by a third party regarding a breach of the EULA by the User, the User indemnifies and holds harmless the Publisher and the Provider from any such claims and cost, that result directly or indirectly including reasonable cost for legal advice of and defense by an attorney. This does not apply as far as the User is not responsible for such a breach. The Publisher/Provider reserves the right to take over the defense against such claims.

6.3 Range of Liability
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS SECTION 6, NOTHING IN THIS SECTION 6 SHALL LIMIT OR EXCLUDE THE LIABILITY OF THE PUBLISHER OR OF THE PROVIDER TO THE EXTENT THAT SUCH LIMITATION OR EXCLUSION IS PROHIBITED UNDER APPLICABLE LAW.

7 Final Provisions

7.1 Subject to Change
The Publisher reserves the right to change this EULA if he deems it necessary. The Publisher will inform the User of material changes to the EULA or make available online the version of the EULA in force > i > Terms of Use (incl. EULA). Changes will come into effect 30 days after such notification automatically. If a User does not agree with a change, he has to uninstall the App and not use it any further. By further using the App the User agrees to the changed EULA.

7.2 Invalidity of Individual Clauses
In case individual provisions of this EULA shall be or become ineffective, void or unenforceable, this does not affect the remaining provisions.

7.3 Applicable Law
This EULA shall be governed by Singapore Law.

7.4 Place of Venue
The User and the Publisher/Provider submit to the jurisdiction of the Singapore courts.

Part II Data Protection Provisions

For purposes of these data protection provisions the term "Publisher" will be used irrespective of whether the Publisher is the contracting party of the EULA (Part I) or it is a Provider. Responsibility for data protection remains with the party specifically responsible in the particular case, whether it be the Provider or the Publisher.

1 Use of Personal Data and Purpose Limitation

1.1 The Publisher collects, processes and uses personal data of the User in order to provide the App and its functionalities only to the extent necessary or as far as the User has consented to an additional use. In particular the App uses data that the User enters and, if he releases them, data that is existent on the mobile device or is being generated through the use of device functionalities (including Device and OS version details, User behaviour/popularity of App functions, number of downloads, how the User came to know of/downloaded the App, and the time spent on the App).

1.2 The use of the App is possible without access to this data. The access may be deactivated and reactivated at any time by/at Please enter text. However, if the access of the App to the data is deactivated, this might lead to limitations on functionalities.

1.3 If the User has activated the encryption of his device and has set a password/PIN, the App will store personal data in an encrypted form. Should the User not use the encryption of his device or if no password/PIN has been set, encryption of personal data cannot be ensured.

4 Push Notification

4.1 The App informs the User through push notification about Birthday/Payment Reminder/Payment Receipt. The push notification may be deactivated and reactivated at any time by/at iOS General Settings.

5 Analysis of User Data
In order to identify user preferences and therefore to further develop and improve the App, the Publisher analyzes the usage data of the App (User Device Details incl. used Operating System, User Behaviour, number of downloads, time spent on the App, information about where the customer found out about the App). This way the App may be suited/tailored towards the individual needs of the User and the service therefore be improved constantly. By using the App the User consents to this analysis.

If information regarding the use of the App should not be stored or analyzed, this functionality may be deactivated or reactivated at any time by/at > i > Privacy Settings. As far as cookies are used for the analysis, their use will no longer be carried out, if the analysis functionality has been deactivated.

In case of any questions regarding the processing of personal data within this App, the User may contact the Data Protection Officer, who will (together with his team) also take care of information requests, suggestions or complaints.

Data Protection Officer
1 Gateway Drive
#15-01 Westgate Tower
Singapore 608531