Terms of Use

STACK Terms of Use

STACK is a coalition loyalty programme that is owned by Oversea-Chinese Banking Corporation Limited (“OCBC”). STACK is provided to you under the following terms and conditions of use (“Terms of Use”). When you read these Terms of Use, “you”, “your” and “User” mean an end user of STACK and the words “we”, “our” and “us” refer to OCBC and its successors and assigns. By accessing STACK, you agree to be bound by these Terms of Use with OCBC. If you do not agree to these Terms of Use, kindly do not access or use STACK.

STACK is an additional platform that supplements the existing loyalty point redemption programmes that you are enrolled with and does not affect your privileges under each such programme. Your participation and use of this Platform is voluntary and supported by advertising, promotional and other activities referenced herein.

If you are below 18 years old: you must obtain consent from your parent(s) or legal guardian(s), their acceptance of these Terms of Use and their agreement to take responsibility for: (i) your actions; and (ii) your acceptance and compliance with these Terms of Use. If you do not have consent from your parent(s) or legal guardian(s), you must stop accessing or using STACK.

1.      DEFINITIONS

 

In these Terms of Use, unless the context otherwise requires, the following expressions shall have the following meanings:

1.1            “Conversion Transaction” means the conversion of loyalty points from one Loyalty Programme to another via STACK;

1.2            “Customer Contract” is defined in Clause 5.5.

1.3            “Losses” means all losses, settlement sums, costs (including legal fees and expenses on a solicitor client basis), charges, expenses, actions, proceedings, claims, demands and other liabilities, whether foreseeable or not.

1.4            “Loyalty Programme” means a loyalty programme administered by a Loyalty Partner.

1.5            “Loyalty Partner” means any of our partners whose loyalty points you can use on STACK to (a) purchase Vouchers or a Merchant’s products and/or services or (b) convert to the loyalty points of another Loyalty Programme.

1.6            “Match” means, in relation to your loyalty points, to reflect the balance of a particular Loyalty Programme’s loyalty points in your STACK Account to be the same as the balance in your corresponding loyalty account with the relevant Loyalty Partner.

1.7            “Merchant” means such third-party merchants whose Vouchers, products and/or services are offered, provided or otherwise made available to Users via STACK.

1.8            “Operator” means the third-party operator of such features and functionalities provided through or on STACK that allows Users to purchase goods, services or Vouchers.

1.9            “Order” means an order from the Operator for Vouchers or a Merchant’s products and/or services made by a User via STACK.

1.10         “Password” refers to the password that meets OCBC’s prescribed criteria, if any, which you have chosen when creating a STACK Account and any changes thereto in the manner prescribed by OCBC.

1.11         “Personal Data” refers to any data, whether true or not, about an individual who can be identified (i) from that data; or (ii) from that data and other information to which OCBC has or is likely to have access, including data in OCBC’s records as may be updated from time to time. Examples of such Personal Data include the individual’s name, address, national registration identity card (NRIC) number or email address.

1.12         “STACK” means the loyalty coalition programme branded as “STACK” (including any e-commerce platforms, websites and/or mobile applications in connection therewith) through which OCBC may make available product and service offerings from Merchants to Users, and any other features, services and functions made available through such platform from time to time, but shall exclude any external website or webpage owned, operated and maintained by Merchant or any other third party.

1.13         “STACK Account” means such Account for access and/or use of certain exclusive offers, features, functionalities and services on STACK created by a User.

1.14         “UserID” means the unique login identification name which identifies a User who has a STACK Account.

1.15         “Voucher” means the electronic vouchers or electronic promotional codes issued and sold by Merchants on STACK, which may be redeemable with other third parties for products, services, promotions and/or discounts.

 

2.      GENERAL CONDITIONS FOR THE USE OF STACK

2.1            You may earn loyalty points in accordance with the loyalty programmes administered by the respective Loyalty Partners, subject to the terms and conditions of such loyalty programmes. You agree to comply with such terms and conditions at all times in using STACK.

2.2            On STACK, you may do the following:

a.    check your balance of a particular Loyalty Programme’s loyalty points;

 

b.    convert loyalty points from one Loyalty Programme to another;

 

c.    purchase or redeem Vouchers, products and/or services offered on STACK; and/or

 

d.    perform such other transactions on STACK as OCBC may permit from time to time.

2.3            Without prejudice to the other terms in these Terms of Use, the following conditions must be satisfied before you can perform a transaction using loyalty points issued to you by a Loyalty Partner:

a.        You must be a member of at least one Loyalty Programme, and your membership on STACK and said Loyalty Programme are valid at the time of the particular transaction.

 

b.        You must link your STACK Account with your relevant loyalty accounts with the relevant Loyalty Partners. You may be required to carry out a one-time authorisation with the relevant Loyalty Partners in the manner as stipulated by OCBC to link your STACK Account with the relevant loyalty accounts.

 

c.        You must have the requisite amount of loyalty points from the applicable Loyalty Programme to perform the intended transaction. If not, you must convert your loyalty points from other Loyalty Programmes to meet the requisite amount before performing the transaction.

2.4            OCBC shall only Match the loyalty points in your STACK Account upon satisfaction of the following conditions (“Conditions”):

a.        OCBC’s verification of your relevant loyalty account, including but not limited to the verification of the amount of loyalty points in that loyalty account; and

 

b.        your provision of the necessary consents to OCBC as required by OCBC and/or applicable laws.

2.5            In the event that any of the Conditions are not met, OCBC may, in its sole discretion, do either of the following:

a.            decline to Match such loyalty points in your STACK Account; or

 

b.            if the loyalty points have already been Matched into your STACK Account, to amend the balance of such loyalty points in your STACK Account.

2.6            You may check the amount of loyalty points from each Loyalty Programme in your STACK Account by logging into your STACK Account on STACK. The amount of a particular Loyalty Programme’s loyalty points in your STACK Account is linked to your balance in the relevant loyalty account.

2.7            Without prejudice to the other terms of these Terms of Use, OCBC reserves the right to modify the balances of loyalty points in your STACK Account (whether by crediting or deducting) at any time, upon any of the following circumstances:

a.            wrongful credit or deduction of loyalty points arising from any and all system malfunctions or outages, human error, fraud, or administrative mistakes, whether on the part of STACK or the Loyalty Partner;

 

b.            false, inaccurate, misleading or illegible information supplied by you;

 

c.            changes to the amount of loyalty points required to purchase a particular product, service or Voucher; or

 

d.            changes to the rates for the conversion of loyalty points from one Loyalty Programme to another.

2.8            OCBC may from time to time, in its sole discretion and without prior notice to you, determine and/or amend any of the following:

a.                the list of Loyalty Partners;

 

b.               the conversion rate (as stated on STACK) for any loyalty points from one Loyalty Programme to another;

 

c.                the administrative fee (as stated on STACK) applicable to the conversion of loyalty points from one Loyalty Programme to another.

d.               any specific terms and conditions for any transaction and/or Order; and

 

e.               the amount of loyalty points required for a transaction;

2.9            You must comply with OCBC’s notices, guidelines and operating rules and policies pertaining to the use of STACK which OCBC may issue from time to time. These notices, guidelines and operating rules and policies will generally be notified to you via email and/or publication on STACK or such other method of notification as may be designated by OCBC, which you acknowledge shall be sufficient notice for the purpose of this clause.

2.10         You must also: (i) abide by all applicable laws and regulations in your use of STACK; (ii) not impersonate any person or entity or to falsely state or otherwise misrepresent your affiliation with any person or entity; (iii) not send, distribute or upload, in any way, data or materials that contain viruses, malicious code or harmful components that may impair or damage the operation of another’s computer or device; (iv) not post, promote or transmit through STACK any information, data, text, messages or other materials (“Content”) that is unlawful, libellous, defamatory, indecent, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable; (v) not forge headers or otherwise manipulate any identifying information in order to disguise and/or with the effect of disguising the origin of any Content transmitted through STACK; (vi) not infringe any intellectual property rights or other proprietary rights of third parties; (vii) not offer or disseminate fraudulent goods, services, schemes or promotions; (viii) not participate in any fraudulent submission or use of personal or financial information or engaging in any practice that constitutes an unfair or deceptive trade practice; (ix) not transmit any unsolicited or unauthorised advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any other form of solicitation; (x) not transmit any Content that you do not have a right to transmit under any law or under any contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (xi) not “stalk” or otherwise harass another person; and (xii) not transmit Content with recommendations to buy or refrain from buying a particular security or which otherwise have the purpose of affecting the price or value of any security.

2.11         Use of the Vouchers, products or services made available via STACK or the distribution of materials via the Platform may be subject to or restricted by terms imposed by Operator or any Merchants (as the case may be) and/or applicable laws. It is your responsibility to find out what those terms and/or applicable laws are and observe them.

2.12         OCBC may from time to time change Operator and shall not be liable for any Losses suffered by you due to such change (including but not limited to any unavailability of STACK due to transition arrangements between operators of STACK).

2.13         You agree that OCBC (or its agents, sub-contractors and/or service providers) has the right to: (i) monitor, screen or otherwise control any activity or content on STACK; (ii) investigate any violation of the Terms of Use and take any action it deems appropriate (including but not limited to the immediate suspension or termination of any STACK Account); (iii) prevent or restrict access of any User to STACK; and/or (iv) report any activity it suspects to be in violation of any applicable law, statute or regulation to the appropriate authorities and to co-operate with such authorities.

2.14         All transactions (including without limitation Conversion Transactions) that you request via STACK are not binding until processed and accepted by Operator or Merchant. OCBC reserves the right to not process any transaction if: (i) such transaction does not comply with the requirements or terms and conditions applicable to the use of STACK, including these Terms of Use, or is otherwise not in the mode or manner required by OCBC; (ii) OCBC is prohibited from processing such transaction by reason of any applicable laws or legal requirements; (iii) if the products and/or services ordered are to be delivered to an invalid address or address outside of Singapore; or (iv) for such other reason as OCBC may deem appropriate at its sole discretion.

 

3.      STACK ACCOUNT, USERID AND PASSWORD

3.1            You may create a STACK Account by providing such information and in accordance with such instructions as may be prescribed by OCBC.

3.2            You must have a STACK Account, UserID and Password to access and/or use certain offers, features, functionalities and services on STACK. You represent and warrant that: (i) all information submitted by you to OCBC for the purposes of creating a STACK Account and in the course of your use of STACK is truthful and accurate; (ii) you will ensure that such information is kept up-to-date and accurate at all times; and (iii) your use of STACK does not violate any applicable laws or legal requirements or these Terms of Use.

3.3            OCBC may at any time in its absolute discretion forthwith invalidate your UserID and/or Password without assigning any reason therefor without prior notice and shall not be liable or responsible for any loss or damage suffered by or caused to you or arising out of or in connection with or by reason of such invalidation.

3.4            You hereby agree to change your Password from time to time and to keep your Password confidential and shall be responsible for the security of your STACK Account and liable for any disclosure or use (whether such use is authorised or not) of your Password. You are to notify STACK immediately if you have knowledge that or have reason for suspecting that the confidentiality of your Password has been compromised or if there has been any unauthorised use of your UserID and/or Password or if any information in relation to your STACK Account requires updating. OCBC shall not be responsible or liable for any Losses, incurred or suffered by you or any person by reason of or arising from or as a consequence of using your UserID and/or Password in respect of any instructions, operations or transactions effected by you or purported to be effected by you through STACK.

3.5            Any use of or access to STACK and any information, data, instructions or communications referable to your UserID and Password (whether such access, use or communication is authorised by you or not) shall be deemed to be: (i) use or access of STACK by you; and/or (ii) information, data, instructions or communications transmitted and validly issued by you. You shall be bound by any access, use, instructions and/or communications carried out or transmitted through STACK which are referable to your UserID and Password and you agree that OCBC shall be entitled (but not obliged) to act upon, rely on and/or hold you solely responsible and liable in respect thereof as if the same were carried out or transmitted by you.

 

4.      CONVERSION TRANSACTIONS

4.1            To convert loyalty points from one Loyalty Programme to another:

a.        you must be a member of at least two Loyalty Programmes;

 

b.        you must have the requisite minimum amount of the original loyalty points in your STACK Account to perform the conversion, taking into account the applicable conversion rates, administrative fees and/or charges as stated on STACK; and

 

c.        the requested Conversion Transaction must comply with any applicable terms and conditions imposed on you pursuant to your membership of the relevant Loyalty Programmes.

4.2            Upon submission of the conversion request, the corresponding amount of the original loyalty points required for the conversion (including any applicable administrative fees and/or charges) will be deducted from your STACK Account immediately. STACK will inform you if the conversion request is successful.

4.3            All conversion requests received by OCBC are final and non-cancellable. Once a conversion request has been submitted on STACK, it cannot be cancelled or reversed.

 

5.      ORDERS

5.1            You acknowledge and accept that except as otherwise indicated, all products, services and Vouchers offered on STACK are sold/issued by Operator or the relevant Merchant as indicated on the specific listing on STACK as the merchant on record, and not OCBC.

5.2            OCBC neither endorses nor assumes any responsibility or liability arising in connection with any Order or the products, services and Vouchers in respect of which an Order is carried out. Transfer of risk and property in purchased products, delivery, product warranties (including the conditions and remedies for such warranties), support, refunds, returns, replacements, exchanges and any other ancillary products or services in relation to such products, services and Vouchers shall be governed by and subject to such terms and conditions as may be prescribed by OCBC, Operator and/or the relevant Merchant, which may be indicated on the specific listing or elsewhere on STACK.

5.3            You may place an Order in accordance with the instructions as prescribed on STACK from time to time. Orders placed in any other manner on STACK will not be accepted. Upon placing an Order, your Order will be processed but only deemed to be accepted upon Operator or Merchant’s confirmation (which shall be communicated to you via such channels or mediums as Operator may determine).

5.4            You acknowledge that you shall be responsible for ensuring the accuracy of the Order and that each Order shall be deemed to be irrevocable and non-cancellable upon transmission to STACK and Operator and/or the relevant Merchant shall be entitled to process such Order(s)without any further reference or notice to you.

5.5            All Orders shall be subject to Operator’s processing and/or Operator’s or Merchant’s acceptance at their sole discretion and each accepted Order shall constitute an agreement entered into directly and only between you and Operator or the relevant Merchant (“Customer Contract”). You acknowledge that unless you receive Operator’s or Merchant’s confirmation (which shall be communicated to you via such channels or mediums as Operator and/or Merchant may determine) accepting your Order, Operator or Merchant shall not be party to any legally binding agreements or promises made between Operator or Merchant and you for the sale or other dealings with the relevant products and/or services and accordingly Operator or Merchant shall not be liable for any Losses which may be incurred as a result. For the avoidance of doubt, Operator and Merchant each reserve the right to decline to process or accept any Order received from or through STACK in their absolute discretion.

5.6            You agree that each of Operator and Merchant shall have the right to terminate a Customer Contract with immediate effect in the event that the relevant Voucher, product and/or service has been mispriced on STACK or for any other reason as determined by Operator or Merchant in their absolute discretion. In the case of a Customer Contract for the sale of products, Merchant shall have such right to terminate the relevant Customer Contract whether or not the relevant product has been dispatched or are in transit and whether payment has been charged to you.

5.7            You acknowledge and warrant that you have not relied on any term, condition, warranty, undertaking, inducement or representation made by or on behalf of Operator or Merchant which has not been stated expressly in a Customer Contract or upon any descriptions or illustrations or specifications contained in any document including any catalogues or publicity material produced by OCBC, Operator or Merchant. You also acknowledge and agree that the exclusion of warranties, exclusion of liability and exclusion of remedies in these Terms of Use and Customer Contracts allocate risks between the parties and permit Operator or Merchant to provide their Vouchers, products and/or services at lower fees or prices than Operator or Merchant otherwise could and you agree that such exclusions of liability are reasonable.

5.8            Without prejudice to the generality of Clause 7.7:

a.                as the Vouchers are issued by Operator and not OCBC (notwithstanding that they may incorporate the “STACK” mark, logo and/or other marks and logos of OCBC), OCBC gives no warranty as to the quality, merchantability, state, condition or fitness of the Vouchers, products and/or services offered, provided or made available on STACK;

b.               no condition is made or to be implied nor is any warranty given or to be implied as to any Vouchers, the life or wear of any products and/or services supplied or that they will be suitable for any particular purpose or use under any specific conditions, notwithstanding that such purpose or conditions may be known to Operator or Merchant; and

c.                OCBC shall be under no liability for the following measures and actions taken by you or third parties and the consequences thereof: improper remedy of defects, alteration of the relevant Vouchers, products and/or services without the prior agreement of OCBC, addition and insertion of parts, in particular of spare parts which do not come from OCBC. 

5.9            You may make payment in respect of an Order by using any of the payment methods prescribed by Operator from time to time and in accordance with any additional terms as may be prescribed by Operator from time to time. Payments may be made to and processed by Operator. You acknowledge that Operator is entitled to collect payments from you on behalf of Merchant, if applicable.

5.10         You may not claim against Operator, Merchant or any of Merchant’s agents, for any failure, disruption or error in connection with your chosen payment method. Operator reserves the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to you or giving any reason.

 

6.               QUESTIONS, FEEDBACK, COMPLAINTS AND PURCHASE HISTORY

6.1            You may submit any questions, feedback or complaints regarding STACK by sending an enquiry via the Online Form at www.stackreward.com/Contact. You may also view the transactions (such as Conversion Transactions and Orders) you have made on STACK by clicking on “ “My Transactions” under the “My Account” section of STACK and following the instructions as may be prescribed by OCBC on such page from time to time. In relation to any chargeback or fraud-related questions, feedback or complaints pertaining to STACK Marketplace, as the Customer Contract is between you and Operator (or Merchant as the case may be), we will only be able to assist to direct your queries to Operator for resolution.

 

7.               DISCLAIMERS

7.1            Content and services from various sources, including Operator, Merchants and any other third party content providers, including websites or webpages owned, operated and maintained by Operator, Merchants or any other third party (“Third Party Content”), may be included or provided through STACK (such as the marketplace operated by Operator on which Orders may be made). None of OCBC, Operator, Merchants or any third-party content providers shall be liable for any errors or delays in STACK or any part thereof, or for any actions taken in reliance thereon. OCBC is under no obligation to monitor or review Third Party Content through STACK, and assumes no responsibility or liability for any Losses arising from or in connection with any such Third Party Content nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, inaccuracy or any other objectionable material contained in any such content. Any hyperlink to any other website or webpage (including any websites or webpages owned, operated and maintained by Merchant or any other third party) is for informational purposes only and for your convenience only and is not an endorsement or verification of such website or webpage and should only be accessed at your own risk.

7.2            The materials made available on STACK, including any information, opinions and statements contained therein (“Materials”) are intended for general circulation only, do not contain or convey any advice, and should not be used or relied on as a basis for making any decisions. They do not take into account the specific needs of any particular person who may access or be in receipt of such Materials. Such Materials may cover a wide range of topics and are not intended to be a comprehensive study or to provide any recommendation or advice. Accordingly, they should not be relied on or treated as a substitute for specific advice on any particular issue. Please seek advice from a qualified professional with any questions you may have regarding any specific issue or concern you may have and the recommended course of action in respect thereof.

7.3            The Materials were prepared on a particular date and may not be updated or reflect any changes in law, events or practice since that date. Neither OCBC nor the author of the Materials undertakes any obligation to update the Materials or to correct any inaccuracy that may become apparent at a later time. All information, opinions and statements contained in the Materials are subject to change without notice.

 

8.               NO WARRANTY

8.1            STACK is provided “as is” and “as available”. No warranty of any kind, implied, express or statutory, including but not limited to any warranties of title, non-infringement of third party rights, merchantability, satisfactory quality, fitness for a particular purpose and freedom from computer virus or other malicious, destructive or corrupting code, agent, program or macros, is given in conjunction with STACK or any information and materials provided through STACK.

8.2            Without prejudice to the generality of the foregoing, OCBC does not warrant: (i) the accuracy, timeliness, adequacy or completeness of STACK; (ii) that your use of and/or access to STACK, or the operation of STACK, will be uninterrupted, secure or free from errors or omissions or that any identified defect will be corrected; (iii) that STACK will meet your requirements or are free from any virus or other malicious, destructive or corrupting code, agent, program or macros; (iv) that use of STACK by you will not infringe rights of third parties; (v) that the products, services, materials and information contained on STACK are appropriate or available for use in other locations/jurisdictions other than Singapore or (vi) that the balances of loyalty points in your STACK Account are accurate and correspond with the balances in the relevant loyalty accounts. Unless specified otherwise, any such products, services, materials and information are strictly for Users’ access and/or use in Singapore. In the event that the laws of the jurisdiction you are in do not permit or impose restrictions on the access to the any content on STACK, you shall forthwith discontinue access to such content or comply with such restrictions (as the case may be).

8.3            You acknowledge and agree that OCBC does not warrant the security of any information transmitted by or to you using STACK and you hereby accept the risk that any information transmitted or received using STACK may be accessed by unauthorised third parties and/or disclosed by OCBC and by its officers, employees or agents to third parties purporting to be you or purporting to act under your authority.

8.4            You will not hold OCBC or any of its officers, employees or agents responsible or liable, in contract, tort (including negligence or breach of statutory duty), equity or otherwise, for any such access or disclosure or for Losses (whether direct or indirect, or whether foreseeable or not) suffered or incurred by you as a result of any such access or disclosure.

9.               DATA PRIVACY AND CONFIDENTIALITY

9.1            You consent to OCBC, its related corporations (collectively, the “Related Corporations”), and OCBC’s and Related Corporations’ business partners and agents (collectively, the “Representatives”) collecting (including by way of recorded voice calls), using and disclosing your personal data for purposes reasonably required by OCBC, Related Corporations and Representatives. Such purposes are set out in OCBC’s Data Protection Policy and the STACK Data Protection Policy, accessible at www.stackreward.com or available on request and which you have read and understood. 

9.2            Certain Vouchers, products and/or services may be provided by Merchant or Operator (as the case may be) on a part of STACK via framing or via Operator’s or Merchant’s own website or webpage (to which you may be directed from STACK) and may be co-branded with OCBC’s logos or trade marks, even though they are not operated or maintained by OCBC. You acknowledge that any Personal Data submitted via such part of STACK or Operator’s or Merchant’s website or webpage may include Operator or Merchant (as the case may be) as the recipients. You further acknowledge that any collection, use and/or disclosure of such Personal Data on such parts of STACK or Operator’s or Merchant’s such website or webpage may be subject to such terms and conditions as may be prescribed in Operator’s or Merchant’s own privacy policy. OCBC shall not be responsible for the privacy practices or policies of Operator or Merchant. You are encouraged to learn about the privacy practices or policies of Operator or such Merchants.

9.3            OCBC may contract with one or more third parties to provide, maintain and host the products or services on STACK, including but not limited to Operator. Therefore, any information you submit and/or any Content which you transmit may be placed and stored on a computer server maintained by Operator or another third party. You acknowledge that such information or content could pass through and may be stored in servers outside OCBC’s control. You agree that OCBC has no liability or responsibility for any such pass through or storage of the same.

9.4            You consent to the collection, storage, communication and processing of any of your information by any means necessary for OCBC to maintain appropriate transaction and STACK Account records and to the release and transmission to and the retention by the relevant third party service providers and hosts of your information to enable your use of STACK.

9.5            You acknowledge that all transmissions (whether by email or otherwise) to and from STACK cannot be guaranteed to be completely secure or error-free and the same could arrive late, be intercepted, corrupted, lost, destroyed, or incomplete, or contain viruses and may not be received by the intended recipient. Consequently, you understand that you should not post or transmit any private or confidential Content and/or information (whether yours or any third party’s) via STACK unless you want it to be available publicly. You are aware that the Content transmitted by you may be subsequently forwarded to a third party by the recipient. You further understand that as OCBC cannot control or prevent the transmission of your private or confidential Content by a third party, OCBC cannot be responsible or held liable for the same. Accordingly, OCBC does not warrant the privacy and/or security of any transmissions (whether by email or otherwise) to and from STACK.

 

10.            EXCLUSION OF LIABILITY AND INDEMNITY

10.1         OCBC shall in no event nor for any reason whatsoever be liable for any Losses arising from or in connection with: (i) any access, use or the inability to access or use STACK, including in connection with any maintenance, breakdown, fault or non-availability of any part of STACK; (ii) any system, server or connection failure, error, omission, interruption, delay in transmission, undeliverable messages, problem with your computer (or such other access or electronic device including but not limited to cellular telephones, smart phones and personal digital assistants), computer virus or other malicious, destructive or corrupting code, agent program or macros; (iii) any use of or access to any other website or webpage provided through STACK; (iv) any services, products, Vouchers, information, data, software or other material obtained or downloaded through STACK or from any other website or webpage provided through STACK or from any other party referred through STACK, or through the use of STACK or reliance on STACK or the contents thereof; (v) your use or misuse of STACK; (vi) any defect, error, imperfection, fault, mistake or inaccuracy with STACK, its contents or associated services;, (vi) the unauthorized access by third parties to any of your information that is stored by OCBC or (vii) malfunctions and/or errors in the application programming interfaces, computer programmes and/or electronic data interchange interfaces made available to OCBC by a Loyalty Partner and (viii) problems caused by any remedial or preventative measure which may be taken by OCBC in the event of any occurrence of the foregoing. In no event shall OCBC be liable to you, or any other party for: (a) any amounts due from Merchants, Operator, other users of STACK or any other third party; and/or (b) damages arising in connection with your use of and/or access to STACK, by you or other third party; or (c) any indirect, special, economic or consequential damage or loss under these Terms of Use, whether or not OCBC have been informed of such possibilities. The exclusions herein shall take effect to the fullest extent permitted by law.

10.2         You shall indemnify and hold harmless and keep OCBC indemnified in full against all and any claims, actions, proceedings, loss, damage, costs (including legal costs on a full indemnity basis), expenses and liabilities of whatsoever nature and howsoever arising which may be brought against or suffered or incurred by OCBC arising from or which is directly or indirectly related to: (a) your access to and/or use of STACK and/or any other person or entity's use of STACK where such person or entity was able to access and/or use STACK by using your UserID and Password (where applicable); or (b) any breach or non-observance of any of these Terms of Use by you or by any other person or entity where such person or entity was able to access and/or use STACK by using your UserID and Password (where applicable).

 

11.            INTELLECTUAL PROPERTY AND CONTENT TRANSMITTED VIA STACK

11.1         All copyright and other intellectual property and proprietary rights in STACK are owned, licensed to or controlled by OCBC, Operator, Loyalty Partners or OCBC’s licensors or service providers, unless otherwise indicated. You may access STACK provided that OCBC or the relevant copyright owners retain all copyright and other proprietary notices contained on the content and materials on STACK. The trade marks, logos, and service marks (collectively the “Trade Marks”) displayed on STACK are registered and unregistered Trade Marks of OCBC and where applicable, Operator, Loyalty Partners, Merchants or other third party proprietors identified on STACK. No right or licence is given to any party accessing and/or using STACK to download, reproduce or use any such Trade Marks.

 

12.            TERMINATION

12.1         OCBC, in its sole discretion, may with immediate effect upon giving you notice in any of the manners prescribed in Clause 17 below, terminate your right to access and/or use STACK and/or invalidate your UserID and may bar access to STACK (or any part thereof) for any reason whatsoever, including without limitation, a breach of any of the terms and conditions of these Terms of Use.

12.2         Upon your receipt of the notice referred to in Clause 15.1, all rights and/or licences granted to you under these Terms of Use shall immediately cease and terminate and you shall forthwith cease the use of STACK in any way whatsoever.

12.3         Termination of this these Terms of Use for any reason shall not bring to an end OCBC’s rights accrued prior to termination, and your obligations under any provisions of these Terms of Use which are meant to survive the termination.

 

13.            AMENDMENTS TO TERMS OF USE

13.1         OCBC may impose such further terms and conditions and make such amendments to these Terms of Use as OCBC may in its discretion deem fit from time to time. OCBC will notify you of such amendments via email and/or publication on STACK or such other method of notification as may be designated by OCBC, which you agree shall be sufficient notice for the purpose of this clause. If you do not agree to be bound by the amendments, you shall immediately cease all access and/or use of STACK.

13.2         You further agree that if you continue to use and/or access STACK after being notified of such amendments to these Terms of Use, such use and/or access shall constitute an affirmative: (i) acknowledgement by you of these Terms of Use and its amendments; and (ii) agreement by you to abide and be bound by these Terms of Use and its amendments. OCBC’s right to vary these Terms of Use in the manner aforesaid may be exercised without the consent of any person or entity who is not a party to these Terms of Use.

 

14.            NOTICES

14.1         Any notice or other communication in connection with these Terms of Use: (i) may be given personally, by post, facsimile or electronically if sent to the address or facsimile number then most recently notified by the recipient to the sender; (ii) if given personally, will be deemed to have been received upon delivery; (iii) by post, will be deemed to have been received on the second day following posting; (iv) if given by facsimile, will be deemed to have been received upon production of a transmission report by the machine from which the facsimile was sent which indicates that the facsimile was sent in its entirety to the facsimile number of the recipient; and (v) (a) if given by OCBC to you electronically, will be deemed to have been received upon delivery (and a delivery report received by OCBC will be conclusive evidence of delivery even if the communication is not opened by you); and (b) if given to OCBC electronically, will be deemed to have been received upon being opened by us.

 

15.            FORCE MAJEURE

15.1         OCBC shall not be liable for any non-performance, error, interruption or delay in the performance of its obligations or in STACK’s operation if due, in whole or in part, directly or indirectly to an event or failure which is beyond its reasonable control (including acts of God, natural disasters, epidemics, acts of war or terrorism, acts of any government or authority, power failures or power supply problems, acts or defaults of any telecommunications network operator or carriers, Internet or network related problems, problems with the services rendered by third party vendors or service providers and the acts or a party for whom OCBC is not responsible for).

 

16.            ASSIGNMENT AND NOVATION

16.1         You may not assign your rights under these Terms of Use without OCBC’s prior written consent. OCBC may, as it sees fit and without your consent:

16.1.1    assign STACK and any content, personal data, software, and/or documentation used in relation to STACK or any rights associated with any or all of the foregoing (collectively, “STACK Assets”) or any part thereof to any third parties; and/or

 

16.1.2    novate or otherwise transfer all of OCBC’s rights and obligations under this Terms of Use to one or more third parties.

16.2         Immediately upon any third party agreeing to perform the obligations of OCBC in connection with STACK, STACK Assets or any part thereof, OCBC shall be fully discharged from all of its obligations and duties in connection with these Terms of Use and otherwise at law. You further agree and understand that by consenting to any collection, use, disclosure or other handling of your personal data by OCBC, you also consent to such collection, use, disclosure or other handling of your personal data by any successor-in-title, transferee or assignee of OCBC, and that for the avoidance of doubt, you shall be deemed to be a customer for the purposes of paragraph 1(p) of the Second Schedule of the Personal Data Protection Act.

16.3         These Terms of Use will bind you and OCBC and OCBC’s successors in title and assigns. These Terms of Use will continue to bind you notwithstanding any change in OCBC’s name or constitution or OCBC’s merger, consolidation or amalgamation with or into any other entity (in which case these Terms of Use will bind you to OCBC’s successor entities).

 

17.            LICENCE TO USE STACK

17.1         STACK is proprietary to OCBC and must not be used other than strictly in accordance with the terms set out herein. OCBC grants to you a personal, limited, non-exclusive, non-transferable, non-sublicensable right to use STACK.

17.2         OCBC shall not at any time be obliged to provide any adaptations, enhancements and/or modifications to STACK, including without limitation any updates, patches, bug-fixes and/or upgrades to STACK or any new versions and/or releases of STACK which incorporate new features or functions.

17.3         You may not under any circumstances: (i) copy, sell, resell, assign, licence, distribute, transmit, publicly display, rent, lease, lend, export, offer on a “pay-per-use” basis, publish or otherwise reproduce STACK or any part thereof in any form by any means; (ii) adapt, modify, decompile, disassemble, localise, port and/or reverse engineer STACK or any part thereof; (iii) remove, obscure or destroy any copyright, trade secret, proprietary or confidential legends or marking of OCBC placed upon or contained within STACK; (iv) prepare or develop derivative works based on STACK; and/or (v) use STACK for any purpose other than those permitted under these Terms of Use. Any breach of the aforesaid restrictions shall result in immediate and automatic termination of all rights and licence granted hereunder. The use restrictions set out herein shall survive the termination of these Terms of Use.

17.4         OCBC may from time to time without giving any reason or prior notice, upgrade, modify, alter, suspend, discontinue the provision of or remove, whether in whole or in part, STACK and any features offered in connection therewith, and shall not be liable for any losses or damage suffered by you arising from any such upgrade, modification, suspension or alteration.

18.            LICENCE TO USE STACK

18.1         In addition to these Terms of Use, the use of specific aspects of STACK or more comprehensive or updated versions of STACK may be subject to additional terms and conditions (“Additional Terms”), which will apply in full force and effect.

18.2         OCBC reserves the right (but shall not be obliged) to introduce new products, applications, programmes, services, functions and/or features (collectively “New Features”) to STACK. The term “STACK” shall include New Features which are provided through STACK respectively at no charge or fee unless otherwise indicated.

18.3         All New Features shall be governed by these Terms of Use and may be subject to Additional Terms which you shall be required to agree to before access to and use of such New Features are provided, and shall be deemed to have agreed to upon use of such New Features. In the event of any inconsistency between these Terms of Use and the Additional Terms, the Additional Terms shall prevail in so far as the inconsistency relates to the product, application, programme, service, function or feature in question unless otherwise provided.

19.            GENERAL

19.1         Use of STACK and these Terms of Use shall be governed by and construed in accordance with Singapore law but in enforcing these Terms of Use OCBC shall be at liberty to initiate and take actions or proceedings or otherwise against you in Singapore or elsewhere as OCBC may deem fit, and you hereby agree that where any actions or proceedings are initiated and taken in Singapore, you shall submit to the jurisdiction of the courts of Singapore in all matters connected with your obligations and liabilities under or arising out of or in connection with these Terms of Use.

19.2         If any provision of these Terms of Use is held to be invalid, illegal or unenforceable (whether in whole or in part), such provision shall be struck and severed from these Terms of Use and the remaining provisions of these Terms of Use shall not be affected thereby.

19.3         No failure or delay to exercise OCBC’s rights under these Terms of Use shall operate as a waiver thereof nor shall such failure or delay affect OCBC’s right to enforce its rights under these Terms of Use.

19.4         You acknowledge and agree that OCBC’s records and any records of the communications, transactions, instructions or operations made or performed, processed or effected through STACK by you or any person purporting to be you, acting on your behalf or purportedly acting on your behalf, with or without your consent, or any record of communications, transactions, instructions or operations relating to the operation of STACK and any record of any communications, transactions, instructions or operations maintained by OCBC or by any relevant person authorised by OCBC relating to or connected with STACK shall be binding on you for all purposes whatsoever and shall be conclusive evidence of such communications, transactions, instructions or operations. You further acknowledge and agree that OCBC’s decisions on all matters relating to these Terms of Use will be at its absolute discretion and will be final and binding on you.

19.5         Save for Operator and Merchants, no person or entity who is not a party to these Terms of Use shall have any right under the Contracts (Rights of Third Parties) Act (Chapter 53B of Singapore) or other similar laws to enforce any term of these Terms of Use, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, this shall not affect the rights of any permitted assignee or transferee of these Terms of Use.

19.6         You agree and acknowledge that these Terms of Use and the services provided or made available thereunder do not include the provision of Internet access or other telecommunication services by OCBC. You acknowledge that OCBC shall not be responsible for any services through which you access and use STACK or for any loss you may suffer as a result of you using such a service. You must comply with all the terms and conditions of such a service and pay all the charges connected with it. Any Internet access or telecommunications services (such as mobile data connectivity) required by you to access and use STACK shall be your sole responsibility and shall be separately obtained by you, at their own cost, from the appropriate telecommunications or internet access service provider.

20.            COPYRIGHT ACT NOTIFICATION

20.1         The Copyright Act (Chapter 63 of Singapore) (the “Act”) contains provisions related to limiting the liability of network service providers such as OCBC who provide services such as system caching or user storage and information location. 

Where a copyright owner furnishes to OCBC (through OCBC’s designated representatives) a valid notice in the form prescribed by the Act, OCBC will take reasonable steps to remove or disable access to the relevant material in accordance with the Act. Where the person who made available such material furnishes to OCBC a valid notice in the form prescribed by the Act, OCBC will take reasonable steps to restore the relevant material, unless court proceedings are commenced by the copyright owner and OCBC is informed in writing in accordance with the Act.

Should you wish to provide a take-down and counter notice to OCBC, please ensure that such takedown and counter notices are in conformance with the form prescribed by the Act. OCBC will not act on any notice unless the notice is a valid notice in the form prescribed by the Act.