Terms of Service

Effective from June 6, 2022

Welcome to Splink (”Splink”, “we”, “us” or “our”) website. We want you (”you”, “your”, “they” or “their” are collective references to our users) to understand your rights and our rights relating to the provision of Services (as defined below). Please review these Terms of Service (”Terms”) carefully because they govern your use of our websites including splink.sg and any other websites that we may later own or operate (each, a “Site”, and collectively, the “Sites”); our mobile applications (”Apps”) and other products and services we may later own or operate (collectively, with the Sites, Apps, the “Services”). The App and Website may sometimes be referred to as Platform, or collectively, Platforms.

Our Services are made available to you by Splink Alliance, a company incorporated under the Companies Act, 2021 in Singapore, subject to these Terms and in accordance with the Splink Privacy Policy (the “Privacy Policy”) and Community Guidelines (the “Community Guidelines”). More information about the Services may be found at splink.sg. For more information on how we process, collect and store your information, please read Privacy Policy. For information on compliance in the Splink Platform, please read [Community Guidelines].

1. Agreement to these Terms

By accessing, using or uploading or downloading any information or materials to or from the Services, or by indicating you assent to these terms by creating an account, clicking “Sign Up” or any similar mechanism, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Services. This agreement was written in English. To the extent a translated version of the Terms conflict with the English version, the English version controls.

If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. In that case, “you” and “your” will refer to that company or other legal entity. If you do not have authority, you may not access or use the Services. These Terms contain disclaimers of warranties and limitations on liability that may be applicable to you.

The Splink Services cannot be provided and the agreement described in these Terms of Service cannot be performed without Splink processing data about you, and other Splink users, including your location data. Processing of the data you share with Splink, including location data, is essential to the Services which we provide and a necessary part of our performance of the agreement we have with you.

Notice regarding Dispute Resolution: These Terms contain provisions that govern how disputes between you and Splink are resolved, including an agreement to arbitrate, which will, unless you reside in the European Union, with limited exception, require you to submit claims you have against us to binding and final arbitration and limit you to claims against Splink on an individual basis.

2. Changes to the Terms of Service

We may modify the Terms at any time, at our sole discretion. If we do so, we will let you know either by posting the modified Terms on the site or through other communications. If you continue to use the services after such a change, you are indicating that you agree to the modified Terms. We may also change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

3. Service Terms

3.1 Registration and Account

You need not register with Splink to simply visit and access parts of our Services, but to access and participate in our Splink App, as part of the administrative process, you will need to identify a password-protected account (”Account”). To create an Account, you must submit your name, mobile number and/or email address and a password through the account registration page/screen on the Splink Platform.

You may also register for an Account using your existing Facebook, Google, Apple or any such other account and log-in credentials (”Third-Party Site Account”). If you do so, you hereby authorise Splink to pre-populate the registration and other relevant information fields of your Account to a third-party network, you agree to comply with the terms and conditions and policies applicable to such third party. An Account holder is sometimes referred to on the Splink Platform as “Registered User”.

By virtue of certain of the Services connecting to the Google Maps API, you hereby agree to be bound by the Google Maps/Google Earth Additional Terms of Service (including the Google Privacy Policy) in connection with your use of such Services.

3.2 Community Guidelines Compliance

You will comply with Splink’s Community Guidelines available at [Community Guidelines] in addition to these Terms of Service.

3.3 Use of Services

You may only use the Services if you are old enough to consent (by yourself and not by a parent or guardian) to share your data under applicable law. For example, you must be 16 years or older under the Singapore Law. If you access the Splink Platform and are not of the legal-consent age, it shall be assumed that your usage was authorised by such person, who is your parent or guardian and that such person has supervised your usage. By using our Services, you represent and warrant that all registration information you provide is truthful, accurate and complete, and that you will maintain the accuracy of such information.

3.4 Service Responsibility

You are responsible and liable for maintaining control over your Account, including the confidentiality of your username (also referred to as ”Splink Tag”) and password, and are solely responsible and liable for all activities that occur on or through your Account, whether authorised by you or not. You shall notify us immediately in the event of any breach of security or any unauthorised use of your Account. Similarly, you shall never use an Account that is not of your own without prior written consent from Splink. You agree that you will not misrepresent yourself or represent yourself as another User on the Splink Platform.

We reserve the right to suspend or terminate your Account and your access to the Services without warning if we at our discretion, believe that you are not complying with the Terms and any applicable laws, rules or regulations within your local jurisdiction, and/or if it is believed that your actions may cause legal liability for you, other Users or us, and/or if you are found to be non-compliant with our Community Guidelines.

3.5 Conduct and Use Restrictions

We expect you to honour the Splink Community Guidelines. The Services are for your personal and noncommercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell for any commercial purposes any portion of the Services, use of the Services or access to Content. You may not use the Services, or assist or encourage any other party, to engage in any of the following Prohibited Activities:

1. Copying, framing or mirroring any part of the Services;
2. Accessing the Services to monitor its availability, performance or functionality;
3. Permitting any third party to access the Services;
4. Using, copying, modifying, creating a derivative work of, reverse engineering, decompiling or otherwise attempting to extract the source code of the software underlying the Services or any part thereof, unless expressly permitted or required by law, and in any case, without providing prior written notice to Splink;
5. Publishing, transmitting, distributing or storing content, material, information or data that: (1) is illegal, obscene, defamatory, threatening, harassing, abusive, or hateful or that advocates violence; (2) is harmful to or interferes with the Services or any third party’s networks, equipment, applications, services or websites (e.g., viruses, worms, Trojan horses, etc.); (3) infringes, dilutes, misappropriates or otherwise violates any privacy, intellectual property, publicity or other personal rights including, without limitation, copyrights, patents, trademarks, trade secrets or other proprietary information (including unauthorised use of domain names); or (4) is fraudulent or contains false, deceptive or misleading statements, claims or representations (such as “phishing”);
6. Attempting to disrupt, degrade, impair or violate the integrity or security of the Services or the computers, services, Accounts or networks of any other party (including, without limitation, “hacking,” “denial of service” attacks, etc.), including any activity that typically precedes attempts to breach security such as scanning, probing or other testing or vulnerability assessment activity, or engaging in or permitting any network or hosting activity that results in the blacklisting or other blockage of Splink internet protocol space;
7. Avoiding payment of charges or fees payable by you with respect to the Services;
8. Committing any act that may be harmful to minors;
9. Distributing, or disclosing any part of the Services in any medium, including without limitation by any automated or non-automated “scraping”;
10. Using any automated system, including, without limitation, “robots,” “spiders,” “offline readers,” etc., to access the Services in a manner that sends more request messages to Splink than a human can reasonably produce in the same period of time by using a conventional web browser;
11. Taking any action that imposes, or may impose, at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
12. Collecting or harvesting any information relating to an identified or identifiable individual, including account names and information about users of the Services, from the Services;
13. Using the Services for any inappropriate commercial solicitation purposes;
14. Accessing any content on the Services through any technology or means other than those provided or authorised by the Services;
15. Submitting to the Services or to Splink any personally identifiable information, except as necessary for the establishment and operation of your account;
16. Submitting to the Services or to Splink any information that may be protected from disclosure by applicable law;
17. Bypassing the measures we may use to prevent or restrict access to the Services, including, without limitation, features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein;
18. Violating any applicable law, statute, ordinance or regulation, or encouraging any conduct that could constitute a criminal offence or give rise to civil liability;
19. Removing any copyright, trademark or other proprietary rights notices contained in or on the Services; or
20. Executing any form of network monitoring or running a network analyser or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the Service’s servers or any data not intended for you.

You are granted a limited, non-exclusive right to create a text hyperlink to the Services for non-commercial use only, provided such link does not portray Splink or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any pornographic, illegal, offensive, harassing or otherwise objectionable material. You are further granted a right to implement any RSS feeds located on the Services for your personal, non-commercial use, solely as described on the Services. We reserve the right to revoke these licenses generally, or your right to use specific links or RSS feeds, at any time, with or without cause.

You understand that use of certain features of the Services may require you to purchase third party equipment or materials (e.g., GPS systems). While Splink may recommend the equipment or materials of certain third party suppliers, Splink shall have no responsibility for your acquisition or use of any third party equipment or materials and does not guarantee that third party equipment or materials will function with the Services or will be error-free.

You understand that you are responsible for any charges associated with sending communications via your device. You hereby acknowledge that you have the right to communicate with your contacts via the Services.

3.6 Community Governance

For the safety of our community, we may, but not subjected to, monitor your messages and interaction activities on the Splink Platform for the purpose of ensuring the health of our community. Should you engage in in any form of advertising, solicitation or acts of illegal activity that is prohibited by the local jurisdiction, we reserve the right to restrict the number of messages or emails which a User may send to other Users in any 24-hour period which we deem appropriate in its sole discretion. In addition, we can (and you hereby expressly authorise us to) disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.

3.7 Reservation of Rights

As between the parties, Splink owns all right, title, and interest in the Services, and you own all right, title, and interest in any application(s) and/or material(s) that are developed by you on the Services or uploaded to the Services by you (“User Content” otherwise referred to as “Content”). Except as expressly set forth in these Terms, each party retains all right, title, and interest in and to its intellectual property rights. All rights not expressly granted are reserved, and no license, covenant, immunity, transfer, authorisation, or other right will be implied, by reason of statute, estoppel, or otherwise, under these Terms.

You own the information, data, text, software, sound, photographs, graphics, video, messages, posts, tags, or other materials you make available in connection with the Services, whether publicly posted, privately transmitted, or submitted through a third party API (e.g. a photograph submitted via Instagram). Public segments and routes created by using the Services are not considered Content. You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display any Content and any name, username or likeness that you post on or in connection with the Services in all media formats and channels now known or later developed without compensation to you. This license ends when you delete your Content or your Account.

You understand that you, and not Splink, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Services. Splink does not routinely screen or monitor the Content posted to the Services by others and, as such, does not guarantee the accuracy, integrity or quality of such Content. Splink may, in its sole discretion, screen, monitor, hide, refuse or remove any Content, or remove any Content that violates the Terms or is otherwise objectionable. You understand that by using the Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Splink be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content made available on the Services. You agree to bear all risks associated with the use of any Content available in connection with the Services, including any reliance on the accuracy, completeness, or usefulness of such Content.

You agree that Splink is not responsible for, and does not endorse, Content posted on the Services. If your Content violates these Terms, you may bear legal responsibility for that Content. As between you and Splink, any Content will be non-confidential and non-proprietary and we will not be liable for any use or disclosure of Content. You acknowledge and agree that your relationship with Splink is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any Content does not place Splink in a position that is any different from the position held by members of the general public, including with regard to your Content. Your Content will not be subject to any obligation of confidence on the part of Splink other than as set forth in our Privacy Policy, and Splink will not be liable for any use or disclosure of any Content you provide.

The Services may provide you with the ability to mark certain Content that you submit to the Services as private, public, or available only to select users of the Services. Splink will maintain the privacy of such Content in accordance with your elections. However, if you do not elect to mark your Content as private or available for a limited group of Users, or later change such designation to allow such Content to be made available to anyone, you are responsible for the public nature of the content. Please review our Privacy Policy for more information on how to manage your privacy controls.

You give us permission to use your profile name, profile photo, and information about your activities and actions you have taken, including your use of third party products, services, or devices, in ads, offers and other commercial contexts on the Splink service without compensation to you. For example, we may show your Splink followers that you use a certain device, product, or service available from a brand that has paid us to display its ads on Splink.

You represent and warrant that: (i) you are authorised to create your account; (ii) you own the Content posted by you on or through the Services or otherwise have the right to grant the rights and licenses set forth in these Terms; (iii) the posting and use of your Content on or through the Services does not and will not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy and data protection rights, publicity rights, copyrights, trademark and/or other intellectual property rights; and (iv) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Services.

3.8 Feedback; Use Rights

We welcome feedback, comments, and suggestions (”Feedback”). As we need to be able to freely work with your Feedback to improve the Services, you hereby irrevocably transfer and assign all right, title, and interest (including all intellectual property rights, such as copyrights or trade secrets) in and to the Feedback, including any and all “moral rights” that you might have in such Feedback, and you hereby forever waive and agree never to assert any and all “moral rights” you may have in the Feedback. Additionally, Splink will have the right to collect and analyse data and other information relating to the provision, use, and performance of various aspects of the Services, and related systems and technologies, and Splink will be free to use such data and information to maintain, improve, and enhance Splink’s products and services. For this reason, we ask that you not send Splink any Feedback that you do not wish to license to us as set forth above.

3.9 Patent Assertion Entities

A “Patent Assertion Entity,” sometimes referred to as a ‘non-practicing entity’ or a ‘patent troll,’ is (a) any entity that derives or seeks to derive most of its revenue from the offensive assertion of patent rights, or (b) directly or indirectly controls, is controlled by, or is under common control with an entity described in (a). If you are a Patent Assertion Entity or are acting on behalf of, or for the benefit of a Patent Assertion Entity, you will not assert, or authorise, assist, encourage, or enable any third party to assert, any claim, or pursue any actions, suits, proceedings, or demands, against Splink or its affiliates that allege that the Services infringe, misappropriate, or otherwise violate any intellectual property rights (including patents). This section will survive any termination or expiration of these Terms.

3.10 Fees

Splink do not charge or solicit any fees at the point of writing this document, be it in the form of a Subscription Plan or by any other means. Should you see or get contacted by someone claiming to be from Splink soliciting money from you, please write in to us immediately at support@splink.sg or report the User directly from within the Splink App or on the Platform. In addition, we will never ask for your Account password to process any payments.

3.11 Payments

All payments are to be made offline. Splink do not support any forms of online payment methods or payment gateways at the point of writing this document. All payments, regardless for the purpose of hosting of activities or a membership fee to join a club, are the responsibilities of the Users. Splink will not be liable for any unpaid fees or claims for payments for whatsoever reason.

3.12 Clubs

Splink creates and administers certain clubs as well as the club verification program. Splink may choose to verify certain clubs and place a badge on their profile page. We reserve the right to revoke or transfer ownership of clubs, remove content, remove a club’s verified status and badge, and remove a club at any time. If you request a transfer of ownership of a club, Splink may require you to provide certain documentation.

If you, as a user, athlete, partner, council or organisation, create a club on Splink, you are responsible for ensuring that your club: (a) abides by these Terms of Service and our Community Guidelines; (b) does not claim or suggest an affiliation with Splink whether by using Splink’s intellectual property or otherwise unless explicitly stated otherwise by Splink; (c) has the right to use or post all club content, third party or otherwise, including rights to use name(s), logo(s), images, trademarks, trade dress, service marks, copyrights, or other intellectual property; and (d) does not use the club to advertise or promote any contests, sweepstakes, or other promotions. Club administrators hereby agree to indemnify and hold Splink harmless from any and all claims arising out of your club, including but not limited to claims of intellectual property infringement.

3.13 Interactions with Athletes and Sports Professionals

The Services function as a venue to connect athletes in a virtual information place. As a neutral facilitator, Splink is not directly involved in the actual interactions between athletes using the Services. As a result, Splink has no control over the truth, accuracy, quality, legality, or safety of postings made by athletes using the Services. Splink shall have no responsibility to confirm the identity of athletes. Splink shall also have no responsibility to confirm or verify the qualifications, background, or abilities of athletes using the Services. You shall at all time exercise common sense and good judgment when dealing with any athlete using the Services.

If you elect to use our features to inform your contacts about the Services or share your information with others, Splink may require you to provide contact information. Splink may contact that friend via a one-time email or text message. You represent that you are authorised to provide any third party contact information that you provide to Splink, that you are authorised to use such information to contact (including for Splink to contact on your behalf) the third party and that Splink may process it pursuant to the Privacy Policy.

3.14 Verified Athletes and Sports Professionals

If you are a professional athlete or accredited sports organisation, Splink may choose to verify your Splink account and place a badge on your profile indicating your professional status. We expect all athletes to honour the Splink Community Guidelines and code of conduct as listed in these Terms of Service. We reserve the right to remove your verified status and badge at any time.

3.15 Third Parties

Third party products and services made available on the Services are made and offered directly by the applicable third party. When you pursue or purchase any such product or service, you acknowledge that you are contracting directly with such third party and not with Splink. Your interaction with, or participation in promotions of, third parties found on or through the Services, including payment and delivery of goods or services, and any other terms, are solely between you and such third party. You are not obligated to use or transact business with any third party that appears on the Services. You agree that Splink shall not be liable for any loss or damages of any kind incurred by you as the result of any of your dealings with third party service providers or advertisers available through the services.

Splink or third parties may provide links to other internet sites or resources through the Services. Splink does not endorse and is not responsible or liable for any content, information, advertising, products or other materials on or available from such sites or resources. You acknowledge and agree that Splink is not responsible for the availability of such external sites or resources.

3.16 Electronic Communications

The Services may provide you with the ability to send or post messages to forums or chat rooms, speak via internet voice connections or send similar messages and communications to third party service providers, advertisers, your personal contacts, other athletes and/or Splink. You agree to use communication methods available on the Services only to send communications and materials related to the subject matter for which Splink provided the communication method, and you further agree that all such communications by you shall be deemed your Content and shall be subject to and governed by the Terms and applicable law (including laws regulating direct marketing communications with which you will need to comply with, as applicable). By using communications methods available on the Services, you agree that (a) all communications methods constitute public, and not private, means of communication between you and the other party or parties, (b) communications sent to or received from third party service providers, advertisers or other third parties are not be endorsed, sponsored or approved by Splink (unless expressly stated otherwise by Splink) and (c) communications are not routinely pre-reviewed, post-reviewed, screened, archived or otherwise monitored by Splink in any manner, though Splink reserves the right to do so at any time at its sole discretion. You agree that all notices, disclosures and other communications that we provide to you electronically shall satisfy any legal requirement that such communications be in writing.

3.17 Warranties

We strive to make the Splink Platform available 24/7 and 365 days a year. In the event of any loss or corruption of any data associated with the Services, Splink will use commercially reasonable efforts to restore the lost or corrupted data from the latest relevant backup maintained by Splink. Except for the foregoing, Splink will not be responsible for any loss, destruction, alteration, unauthorised disclosure or corruption of any data. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Services, and we make no guarantees around data retention or preservation. We do not warrant that the Splink Platform will be compatible with all hardware and software which you may use. We shall not be liable for damage to, or viruses or other code that may affect, any equipment (including but not limited to your mobile device), software, data or other property as a result of your download, installation, access to or use of the Splink Platform or your obtaining any material from, or as a result of using the Splink Platform. We shall also not be liable for the actions of third parties. We do not warrant that the information available on the Splink Platform will be correct, accurate or otherwise reliable. We reserve the right to suspend or withdraw access to the Splink Platform to you personally, or to all Users temporarily or permanently at any time without notice.

3.18 Breach of Terms and Termination

You hereby acknowledge and agree that Splink, in its sole and absolute discretion, has the right (but not the obligation) to delete, terminate, or deactivate your Account, block your email or IP address, cancel the terminate your access to or participation in the use of the Splink Platform (or any part thereof), or remove and discard any content on the Splink Platform ("Termination"), immediately and without notice, for any reason, including without limitation, if Splink believes or has reason to believe that you have violated any provision of the Terms of Use.

You may cease use of the Services at any time. You may also cancel your Splink account at any time by sending an email to support@splink.sg.

Effects of Termination:

1. Upon termination of your Account, your right to participate in the Splink Platform shall automatically terminate. You acknowledge and agree that your right to receive any Services hereunder is conditional upon your proper use of the Splink Platform, your adherence to the Terms of Use, the continuous activation of your Account, and your permitted participation in the Splink Platform. Notwithstanding the foregoing, residual data may remain in the Splink system.

2. If you provided a valid email address during registration, Splink will notify you via email of any such termination or cancellation, which shall be effective immediately upon Splink’s delivery of such notice.

3. Upon Termination, you shall promptly destroy all copies of Splink data and other content in your possession or control. You further acknowledge and agree that Splink shall not be liable to you or any third party for any termination of your access to the Splink Platform. Upon Termination of Service, Splink retains the right to use any data collected from your use of the Splink Platform for internal analysis and archival purposes. In no event is Splink obligated to return any submitted content to you. Clauses in the Terms of Use regarding Termination, Intellectual Property, Dispute Resolution, Disclaimers, Limitations of liability, Indemnification, Treatment of information User Content, and third party content will survive expiration or termination of the Splink Platform and/or your Account.

4. We may any time at our sole discretion reinstate suspended/terminated Users. A terminated User may not register or attempt to register with us or use the Splink Platform in any manner whatsoever until such time that such User is reinstated by us.

3.19 Indemnity

You will indemnify and hold harmless Splink and its officers, directors, employees, and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Services; (ii) your User Content; or (iii) your violation of these Terms.

3.20 Dispute Resolution

Any dispute arising out of or in connection with this Agreement (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 Singapore International Arbitration Centre (“SIAC Rules“) for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The Tribunal shall consist of one (1) arbitrator. The language of the arbitration shall be English.

3.21 Disclaimer

You agree that no joint venture, partnership, joint controllership, employment or agency relationship exists between you and Splink as a result of the Terms or your use of the Services. The Terms constitute the entire agreement between you and Splink with respect to your use of the Services. The failure of Splink to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You may not assign, delegate or otherwise transfer your account or your obligations under these Terms without the prior written consent of Splink.

Splink has the right, in its sole discretion, to transfer or assign all or any part of its rights under these Terms and will have the right to delegate or use third party contractors to fulfil its duties and obligations under these Terms and in connection with the Services. Splink’s notice to you via email, regular mail or notices, posts, or links on the Services shall constitute acceptable notice to you under the Terms. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Section titles and headings in the Terms are for convenience only and have no legal or contractual effect. Any rights not expressly granted herein are reserved.

3.22 Governing Law

These Terms will be governed and construed in accordance with the Laws of Singapore without regard to its conflict of laws provisions.

Support and Questions

We will respond to any questions regarding the Services and these Terms via support@splink.sg.