OVERVIEW OF SERVICES. The Services provided by JCC include the LMS Services and Member’s Portal as well as additional content or features that JCC makes available from time to time.
ACCESS RIGHTS. LMS Services. Subject to Member’s compliance with the terms and conditions set forth herein, JCC hereby grants to Member a non-exclusive, non-assignable, limited right to access and use the LMS Services solely for Member’s internal business operations, and up to the maximum number of participating Members set forth in the applicable Order or Service. Member may elect to use free or paid Services provided in the site. If you purchase a Service, JCC will use commercially reasonable efforts to provide access to the Service.
Member must register for an account to access portions of the Services. Member agrees that the information provided for purposes of account registration is accurate and will be kept accurate and up-to-date at all times. Member is solely responsible for maintaining the confidentiality of Member’s account and password and accepts responsibility for all activities that occur under the account. Member will not share passwords, authentication credentials, or other means of account access with a third-party. If Member has reason to believe that Member’s account is no longer secure, Member must immediately notify JCC as an emergency at firstname.lastname@example.org.
Member Accounts. Each user account shall correspond to a unique Member who will access and use the Services by way of a password protected access to the Portal. Each Member is responsible for maintaining the security of their account and password. A single login shared by multiple users is not encouraged. JCC shall maintain an up-to-date list of current Members and permit JCC or its duly authorised representative to audit Member’s records, provided that such audits may not be conducted more than once during any consecutive 12 month period. Any authorised person performing such audit shall protect the Member’s Confidential Information (as defined herein) and abide by Member’s reasonable security procedures. Member shall use all reasonable endeavours to prevent any unauthorised access to, or use of, the Services and/or the Documentation.
Member Delivered Courses. Member may elect to charge other Members to access a Member Delivered Course. Member is solely responsible for, and JCC has no responsibility of any kind with respect to (a) administration and operation of each Member Delivered Course, (b) support of Members with respect to participation in a Member Delivered Course, (c) ensuring that Member Delivered Courses do not violate or infringe the intellectual property rights of a third party; and (d) ensuring that Member Delivered Courses are not offensive, profane, obscene, libellous or otherwise illegal.
Member must include a separate end user license agreement (“EULA”) that will govern the relationship between other Members and access to the Services, including Member Delivered Courses. The applicable EULA is solely between Member and other purchasing Members. JCC shall not be responsible, nor have any liability whatsoever, under any EULA. The EULA must include legally enforceable provisions that obtain all necessary licenses, rights, consents, and permissions from each Member, and comply with the terms, restrictions and conditions in this Agreement and all applicable laws, rules and regulations.
MEMBER’S OBLIGATIONS. Member agrees to: (a) provide reasonable information and assistance to JCC to enable the Services to be rendered; (b) comply with all applicable local, state, provincial, national, federal and foreign laws in connections with its use of the Services; (c) notify JCC immediately upon becoming aware of any unauthorized use of the Services; (d) designate a qualified employee as Member’s administrator for the Services; (e) collect, input, update all Members data and material provided for use in connection with the Services and (f) if on a free version account, not to maintain -either directly or indirectly- more than one account.
PAYMENT FOR SERVICES. Certain features of the Services may require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in Singapore Dollars and, unless explicitly provided otherwise herein, are non-refundable.
Price. JCC reserves the right to determine pricing for the Services. JCC will make reasonable efforts to keep pricing information published on the website up to date, available at /prices. We encourage you to check our website periodically for current pricing information. JCC may change the fees for any feature of the Services, including additional fees or charges, if JCC gives you advance notice of changes before they apply. JCC, at its sole discretion, may make promotional offers with different features and different pricing to any of JCC’s Members. These promotional offers, unless made to you, will not apply to your offer or this Agreement. The fees set forth in the applicable Order or ordering interface are exclusive of all federal, state, municipal, or other government excise, sales, use, value added or other taxes now in force or enacted in the future, and Member shall pay any such tax (excluding taxes on JCC’s net income) that JCC may be required to collect or pay now or at any time in the future with respect to such fees. Payment of the amounts due to JCC shall be made in accordance with the payment schedule set forth on the Order or other ordering interface.
Authorisation. You authorise JCC or a third-party payment processor to charge all sums for the Purchases you enter into, orders that you make and any level of Services you select as described in this Agreement or published by JCC, including all applicable taxes, to the payment method specified in your account. If you pay any fees with a credit card, a third-party payment processor may seek pre-authorisation of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.
Purchasing Services. Members may make online transactions to purchase Services within the site (“Purchases”). The price, term, and restrictions of any Purchase will be set forth in an applicable Order. If you activate a Purchase, you authorise JCC or its Members to charge, based on the selected mode of transaction, your account prior to using or accessing their Services. For information on the “Purchase Fees,” please consult each individual Service or its Member. Member will be billed according to the payment method provided during Purchase. Once purchased, JCC and its Members will not entertain any request for refunds nor compensation.
Delinquent Accounts. JCC may suspend or terminate access to the Services, including fee-based portions of the Services, for any account for which any amount is due but unpaid. In addition to the amount due for the Services, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any the unpaid amount, including collection fees.
PAYMENTS TO MEMBER. If you offer third parties or Authorized Users a Member Course Store Course or Member Delivered Course, as applicable, in exchange for a fee, then you may receive the fees charged less certain fees and expenses (your “MemberFees”) using JCC’s third-party service provider (e.g., Stripe). You may select the fee, as well as the bundling of materials in exchange for a discount, if JCC makes such option available. You may be required to have an account with that third-party service provider or with another financial institution in order to receive your Member Fees, and you may be charged fees for any related processing services. Any fees charged by JCC’s third-party service provider or by any other financial institution are between you and that provider or institution and may be subject to their terms and conditions or any agreement you have with them. JCC may place limits on the balance of Member Fees you need in order to cash out and on the amount of Member Fees you may cash out in any given day or transaction, and JCC may update these limits from time to time at its discretion. In no event may a Member cash out more than $1,000 per day.
TERM AND TERMINATION.
Term of Agreement. The term of this Agreement will commence on the Effective Date and will continue in effect unless terminated in accordance with this Agreement (the “Term”). On the effective date of termination of this Agreement, all then-current Purchases under the Agreement will also terminate unless otherwise agreed by JCC and Member.
Termination for Cause. Either party shall have the right at any time, by giving notice, to terminate this Agreement without liability to the other on the occurrence of any of the following events: (a) if the other party commits a breach of any of the terms and conditions of this Agreement and such breach has not been rectified within thirty (30) days after receipt of notice to rectify served on the defaulting party by the other party; (b) if the other party becomes insolvent, makes a general assignment for the benefit of creditors, suffers or permits an appointment of a receiver for its business or assets, becomes subject to any proceedings under any bankruptcy or insolvency law, whether domestic or foreign, is liquidated, voluntarily or otherwise, or suffers any similar action in consequence of debt; or (c) if the other party engages in illegal activities.
Termination for Convenience. Member may terminate this Agreement any time without cause upon 30 days’ prior written notice to JCC. Should Member terminate for convenience, any paid fees to JCC or its Members are non-refundable.
Effect of Inactivity. If Member has a free version account, and does not log into an account for more than 365 days, that account will be permanently deleted. JCC may provide bimonthly (every 60 days of inactivity) reminder notifications before deleting Member’s account. Upon such account deletion, all Member Content will become inaccessible and may be permanently deleted.
Effect of Termination. Upon termination of these this Agreement: (a) your license rights will terminate and you must immediately cease all use of the Services; (b) you will no longer be authorized to access your account or the Services; (c) you must pay JCC any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination.
Modification of the Services. JCC reserves the right to modify or discontinue the Services at any time (including by limiting or discontinuing certain features of the Services), temporarily or permanently, without notice to you. JCC will have no liability for any change to the Services or any suspension or termination of your access to or use of the Services.
OWNERSHIP OF INTELLECTUAL PROPERTY. JCC and its licensors retain all intellectual property rights in and to the Services and its components, including the source code, Documentation, Portals, URLs, appearance, structure, organization, preparatory design material, and all other elements of the Services (“Materials”). All Materials in the Services are the property of JCC or its third-party licensors. Other than the right to use the Services for the Term provided in this Agreement, nothing in this Agreement grants Member any right in the Services. JCC reserves all rights to the Materials not granted expressly in this Agreement. To the extent Member provides JCC with any feedback relating to the Services (including feedback related to usability, performance, interactivity, bug reports and test results) (“Feedback”), JCC will own all right, title and interest in and to such Feedback (and Member hereby makes all assignments necessary to achieve such ownership). Member shall report promptly to JCC any third-party claim served on Member relating to the intellectual property rights in the Services or the Documentation.
Third-Party Services and Linked Websites. JCC may provide tools through the Services that enable you to export information, including Member Content, to third-party Services, including through features that allow you to link your account on JCC with an account on the third-party service, such as Instagram or Facebook, or through our implementation of third-party buttons (such as “like” or “share” buttons). By using one of these tools, you agree that JCC may transfer that information to the applicable third-party service. Third-party services are not under JCC’s control, and, to the fullest extent permitted by law, JCC is not responsible for any third-party service’s use of your exported information. The Services may also contain links to third-party websites. Linked websites are not under JCC’s control, and JCC is not responsible for their content.
Third-Party Software. The Services may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third-Party Components”). Although the Services are provided to you subject to this Agreement, nothing in this Agreement prevents, restricts, or is intended to prevent or restrict you from obtaining Third-Party Components under the applicable third-party licenses or to limit your use of Third-Party Components under those third-party licenses.
Member Content Generally. Certain features of the Services may permit users to upload courses and other content to the Services, including messages, reviews, photos, video, images, folders, data, text, and other types of works (“Member Content”) and to publish Member Content on the Services. You retain any copyright and other proprietary rights that you may hold in the Member Content that you post to the Services.
Limited License Grant to JCC. By providing Member Content to or via the Services, you grant JCC a worldwide, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your Member Content, in whole or in part, for providing the Services as described in this Agreement.
Limited License Grant to Other Members. By providing Member Content to or via the Services to other users of the Services, you grant those users a non-exclusive license to access and use that Member Content as permitted by this Agreement and the functionality of the Services.
Member Content Representations and Warranties. JCC disclaims any and all liability in connection with Member Content. You are solely responsible for your Member Content and the consequences of providing Member Content via the Services. By providing Member Content via the Services, you affirm, represent, and warrant to us that:
you are the creator and owner of the Member Content, or have the necessary licenses, rights, consents, and permissions to authorize JCC and users of the Services to use and distribute your Member Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by JCC, the Services, and this Agreement;
your Member Content, and the use of your Member Content as contemplated by this Agreement, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including intellectual property rights; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause JCC to violate any law or regulation; and
your Member Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.
You have all necessary approvals and authorisations to convey all licenses to JCC hereunder.
Member Content Disclaimer. We are under no obligation to edit or control Member Content that you or other users post or publish, and will not be in any way responsible or liable for Member Content. JCC may, however, at any time and without prior notice, screen, remove, edit, or block any Member Content that in our sole judgment violates this Agreement or is otherwise objectionable. You understand that when using the Services you will be exposed to Member Content from a variety of sources and acknowledge that Member Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against JCC with respect to Member Content. If notified by a user or content owner that Member Content allegedly does not conform to this Agreement, we may investigate the allegation and determine in our sole discretion whether to remove the Member Content, which we reserve the right to do at any time and without notice. For clarity, JCC does not permit copyright-infringing activities on the Services.
Monitoring Content. JCC does not control and does not have any obligation to monitor: (a) Member Content; (b) any content made available by third parties; or (c) the use of the Services by its users. You acknowledge and agree that JCC reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Services for operational purposes. If at any time JCC chooses to monitor the content, JCC still assumes no responsibility or liability for content or any loss or damage incurred as a result of the use of content.
COPYRIGHT AND INTELLECTUAL PROPERTY PROTECTION
Copyright Act. We comply with the Copyright Act in Singapore. If you have an intellectual property rights-related complaint about material posted on the Services, you may contact JCC: Jurong Christian Church 2 Tah Ching Rd Level 4 Office Singapore 618744 Tel: +65 62660537 Email: email@example.com
Content of Notification. Any notice alleging that materials hosted by or distributed through the Services infringe intellectual property rights must include the following information:
an electronic or physical signature of the person authorised to act on behalf of the owner of the copyright or other right being infringed;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of the material that you claim is infringing and where it is located on the Services;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the use of the materials on the Services of which you are complaining is not authorised by the copyright or intellectual property owner, its agent, or the law; and
a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorised to act on the copyright or intellectual property owner’s behalf.
Repeat Infringers. JCC will promptly terminate the accounts of users that are determined by JCC to be repeat infringers.
JCC shall process information and personal data under this paragraph for the Term of the Agreement and until collection of payments, unless processing after the Term is necessary for compliance with a legal obligation or for the establishment, exercise or defence of legal claims.
Member hereby acknowledges and agrees that JCC shall process the name and email address of the Member to communicate with the Member for the presentation and promotion of the Services or of new Services. Member may at any time unsubscribe from such electronic communication by removing themselves from the communication platforms.
CONFIDENTIAL INFORMATION. During the Term, in connection with this Agreement, each party (a “Disclosing Party”) may disclose to the other party (a “Receiving Party”) confidential or proprietary materials and information of the first party (“Confidential Information”). All materials and information disclosed by Disclosing Party to Receiving Party under this Agreement and identified at the time of disclosure as “Confidential” or bearing a similar legend, and all such other information that the Receiving Party reasonably should have known was the confidential information of the Disclosing Party, will be considered “Confidential Information”; for the avoidance of doubt, the Services, all pricing information and terms of this Agreement, are Confidential Information of JCC. Receiving Party will maintain the confidentiality of the Confidential Information and will not disclose such information to any third-party without the prior written consent of Disclosing Party. Receiving Party will only use the Confidential Information internally for the purposes contemplated under this Agreement. The obligations in this Section 15 will not apply to any information that: (a) is made generally available to the public without breach of this Agreement, (b) is developed by the Receiving Party independently from the Disclosing Party’s Confidential Information, (c) is disclosed to Receiving Party by a third-party without restriction, or (d) was in the Receiving Party’s lawful possession prior to the disclosure to the Receiving Party and was not obtained by the Receiving Party either directly or indirectly from the Disclosing Party. Receiving Party may disclose Confidential Information as required by law or court order; provided that, Receiving Party provides Disclosing Party with prompt written notice thereof and uses its best efforts to limit disclosure. At any time, upon Disclosing Party’s request, Receiving Party will return to Disclosing Party all Disclosing Party’s Confidential Information in its possession, including all copies and extracts thereof. Notwithstanding the foregoing, (i) Receiving Party may disclose Confidential Information to any third-party to the limited extent necessary to exercise its rights, or perform its obligations, under this Agreement; provided that, all such third parties are bound in writing by obligations of confidentiality and non-use at least as protective of the Disclosing Party’s Confidential Information as the terms of this Agreement and (ii) all Feedback be solely, as between the parties, Confidential Information of JCC.
LIMITED WARRANTY AND DISCLAIMER
Each party warrants that: (a) it is a validly existing and duly incorporated company in accordance with respective local laws; (b) it has full power, legal right and authority to enter into this Agreement, and to do all acts and things and execute and deliver all other documents as are required hereunder to be done, observed or performed by it in accordance with its the terms of this Agreement; and (c) it has taken all necessary corporate action to authorise the creation, execution, delivery and performance of this Agreement, and to observe and perform the provisions of this Agreement in accordance with their terms.
Except as set forth in THIS SECTION 16, JCC makes no representations or warranties or conditions of any kind concerning the Services, the MATERIALS, or their use, accuracy, or function. Specifically, JCC PROVIDES THE SERVICES ON AN “AS-IS” BASIS AND “AS-AVAILABLE BASIS” AND disclaims all warranties, express, implied, or statutory, regarding the Services, including any warranties of merchantability, fitness for a particular purpose, title, and non-infringement. No representation or other affirmation of fact regarding the Services shall be deemed a warranty or guarantee for any purpose or give rise to any JCC’s liability of third parties whatsoever. Member acknowledges that it relied on no warranties or statements other than as may be set forth herein. JCC DOES NOT WARRANT THAT THE SERVICES or CONTENT OFFERED THROUGH THE SERVICES, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND JCC DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED. MEMBER IS SOLELY RESPONSIBLE FOR DETERMINING FEES CHARGED TO OTHER MEMBERS AND JCC WILL NOT BE LIABLE FOR ANY DISCREPANCY BETWEEN FEES CHARGED NOR FEES MEMBER OWES TO JCC. THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS SECTION 16.3 APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. JCC does not disclaim any warranty or other right that JCC is prohibited from disclaiming under applicable law.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL JCC AND ITS AFFILIATES BE LIABLE TO MEMBER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO MEMBER’S ACCESS TO OR USE OF, OR MEMBER’S INABILITY TO ACCESS OR USE, THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY JCC ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE JCC ENTITIES TO MEMBER FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICES OR OTHERWISE UNDER THIS AGREEMENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT MEMBER HAS PAID TO JCC FOR ACCESS TO AND USE OF THE SERVICES IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO CLAIM; OR (B) $10.
EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THIS AGREEMENT. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS SECTION 17 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
INDEMNIFICATION Member will defend, indemnify, and hold JCC harmless from and against all third-party claims, actions, proceedings, regulatory investigations, damages, losses, judgments, settlements, costs and expenses (including attorneys’ fees), arising from or in connection with: (a) Member’s breach of any laws or regulations (including with respect to privacy); (b) Member’s use of the services; and (c) Member’s violation of any agreements it has with any other Member.
MODIFICATION JCC reserves the right to change this Agreement on a going-forward basis at any time upon seven days’ notice. Please check this Agreement periodically for changes. If a change to this Agreement materially modifies Member’s rights or obligations, JCC may require that Member accept the modified Agreement in order to continue to use the Services. Member must accept the modifications to continue accessing or using the Services. If Member objects to the modifications, its exclusive remedy is to cease any and all access and use of the Services. If Member objects to the modifications, then (as its exclusive remedy) Member may terminate its membership upon notice to JCC. JCC and its Members reserve the right not to refund to Member any fees it has paid for use of the Services. To exercise this right, Member must provide JCC with notice of its objection and termination within 30 days after JCC provides notice of the modifications. Material modifications are effective upon Member’s acceptance of the modified version of the Agreement. Immaterial modifications are effective upon publication. Except as expressly permitted in this Section 19, this Agreement may be amended only by a written agreement signed by authorized representatives of the parties to this Agreement. Disputes arising under this Agreement will be resolved in accordance with the version of this Agreement that was in effect at the time the dispute arose.
SANCTIONS & EXPORT CONTROLS. You acknowledge that the Services may be subject to local and international export control laws and regulations. You agree to comply with all applicable export and reexport control laws and regulations, including the Regulation of Imports and Exports Act. You agree not to—directly or indirectly—sell, export, reexport, transfer, or divert the service provided by JCC to any destination, entity, or person prohibited by the laws or regulations of Singapore, without obtaining prior authorisation from the competent government authorities as required by those laws and regulations. Additionally, you warrant that you are (1) not located in Cuba, Iran, North Korea, Sudan, or Syria or the Crimea Region of the Ukraine, and (2) not a denied party as specified in the regulations listed above. This export control clause shall survive termination or cancellation of this Agreement.
Any notice, request, instruction or other document to be given under this Agreement to any party hereunder shall be in the English language, in writing, and sent by mail or service to the address specified on the Member’s account or, to JCC at 2 Tah Ching Rd, Singapore 618744 (or such other address as may be properly specified by written notice hereunder). Email notice will be permitted by JCC via firstname.lastname@example.org (or similar) if sent to the Member’s account email address.
Entire Agreement. The Agreement, including the Course Store Terms and any applicable Order or DPA, constitutes the entire Agreement and contains the entire and exclusive understanding between the parties with respect to the matters referenced herein. No terms other than those expressly set out herein are deemed to be implied herein. No amendment or modification of this Agreement shall be valid and binding unless made and confirmed in writing or otherwise signed by the parties hereto.
In the event of any one or more provisions of this Agreement becoming invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.
No waiver by either party of any default shall be deemed as a waiver of any prior or subsequent default of the same or other provisions of this Agreement.
Force Majeure. Any delay in or failure of performance by either party under this Agreement will not be considered a breach of this Agreement and will be excused to the extent caused by any occurrence beyond the reasonable control of such party including accident, acts of God, fire or water damage, criminal conduct, neglect, acts of war, riots, strikes, lightening, electrical disturbances or other similar causes. Such events, occurrences or causes do not include inability to meet financial obligations. The time of performance hereunder is extended by a period of time lost because of such delay. Notwithstanding any other provisions of this section, should the Force Majeure Event last for more than 30 days, the non-affected party may terminate this Agreement immediately upon written notice to the affected party.
During the Term: (a) Member agrees to participate in case studies and other similar marketing efforts reasonably requested by JCC; (b) JCC may disclose that Member is a Member of JCC to third parties; and (c) JCC may include on and in JCC’ website, case studies, marketing materials, and conference presentations and other speaking opportunities, Member’s testimonials and other feedback regarding the Services, name, website URL, use case, and logo and other marks. Upon request from Member, JCC will promptly stop making the disclosure and use described in the foregoing sentence except to the extent already included in any then-existing materials.
This Agreement is not assignable or transferable by Member except with JCC’s prior written consent; provided, however, that Member may, upon prior written notice to JCC, transfer and assign its rights and obligations under this Agreement to an Affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets to which this Agreement relate. If such a transfer or assignment is made in favour of a direct competitor of JCC, then JCC may terminate this Agreement upon written notice to Member. JCC may freely assign this Agreement. Any assignment in violation of the foregoing is void.
Governing law, Jurisdiction. Any dispute arising hereunder shall be exclusively construed in accordance with the laws of Singapore without regard to principles of conflict of laws. For the purpose of this Agreement, Member consents to the personal jurisdiction and venue of the courts located in Singapore, without prejudice to the provisions of the PDPA.
Lutheran Church in Singapore (Including her local congregations) (“LCS”) is committed to compliance of the Personal Data Protection Act (the “PDPA”) in the collection, use and disclosure of personal data.
This Personal Data Protection Policy (the “Policy”) contains policies and practices adopted by LCS in the collection, use and disclosure of personal data.
Personal data means data, whether true or not, about an individual who can be identified either from that data and or from other information to which LCS has or is likely to have access. Personal data includes, but is not limited to the following:
Contact particulars such as personal telephone numbers and personal email address;
Financial information such as bank account or credit/debit numbers;
Photograph and video image.
LCS respects the privacy and confidentiality of individuals.
2. Policy will be made available
LCS reserves the rights to amend this Policy from time to time and in whatever manner it will see fit in its absolute discretion by posting the amendments on its website. Such amendments will take effect immediately upon posting on LCS’s website.
3. Purposes for collection, use and disclosure of personal data
LCS collects, uses and discloses personal data for purposes which may include, but are not limited to, the following:
Planning, organising and conducting of church services, events, activities, seminars, courses and programmes;
Administration and management of LCS’s operations, processes, functions or other internal matters as the case may be, including but not limited to record keeping;
Pastoral care, mentoring and follow up of members or other individuals where applicable;
Providing services to one or more individuals, a community or the general public;
Internal and external communications and publications;
For the purposes of the LCS’s ministries, which include but not limited to the following carried out by LCS’s staff, leaders or volunteers:
Addressing an individual at LCS events or activities to welcome that individual;
Communicating with an individual in the manner set out in this clause;
Visitations of the individual;
Meeting and interacting with the individual; and
Conducting ceremonies such as weddings, house blessings and funerals;
Communication with any individual in respect of:
any of the matters set out in this clause;
the individual’s membership with LCS;
any request or query by the individual;
any matters by reason of the individual being reasonably associated with, affiliated with or connected to LCS; or
any other matters in respect of which it is reasonably necessary for LCS to communicate with the individual;
whereby such communication may take the form of email, letter, fax, voice call, SMS and any other message receivable on a mobile phone, a computer or an electronic gadget (e.g., messages via WhatsApp, Line, WeChat, Viber, Skype, Facebook messenger, etc.).
4. Collection of personal data
LCS will collect personal data that is reasonably necessary to fulfil the purposes for which the personal data is collected.
Personal data will be collected by reasonable and lawful means, without intentionally misleading or deceiving individuals as to the purposes for collection of personal data about them.
The manners in which LCS may collect personal data include but are not limited to the following:
Application form, whether online and in hard copy, submitted by an individual to LCS, such as membership application form or other forms relating to events and activities organised or managed by LCS;
Where an individual contacts staff or representatives of LCS to make enquiries on or in relation to pastoral care, mentoring, follow up, life groups, services or any events, activities, courses or programs organised, conducted or managed by LCS, whether such inquiries are in writing or verbally;
Where an individual attends at or writes in to the Church Office for the purpose of making enquiries or to make requests relating to pastoral care, mentoring, follow up, life groups, services or any events, activities, courses or programs organised, conducted or managed by LCS;
Where an individual makes a donation to LCS;
Where an individual makes a request to LCS to contact that individual for any purpose;
Where an individual submits that individual’s personal data for the purposes of employment;
Where an individual submits that individual’s personal data for the purpose of volunteering at LCS’ events, activities, programmes or courses;
Where an individual submits that individual’s personal data for the purposes of membership.
5. Requests / Complaints process
The data subject may request for (i) information on the personal data in our possession and the ways in which the data may have been used or disclosed and (ii) correction of any error or omission in the data.
An individual may withdraw his or her consent to the collection, use or disclosure of his or her personal data by giving reasonable written notice to LCS to do so.
An individual who does not wish LCS to retain his or her personal data may give reasonable written notice to LCS to withdraw his or her consent to the retention of his or her personal data. LCS will cease to retain personal data about the person within a reasonable time from receiving such written notice of withdrawal unless there are circumstances under which retention does not require the individual’s consent.
Where an individual withdraws his or her consent for LCS to collect, use or disclose his or her personal data, LCS may no longer be able to carry out the purposes set out in Part 3 above for or in relation to the individual.
An individual who wishes to make a request, or to lodge a complaint to LCS pertaining to any matters relating to the PDPA, may make a written request or lodge a written complaint by doing one of the following:
visiting the Church Office and filling in a written request or complaint;
contacting the DPO at email address is email@example.com or the telephone number of the Church Office; or
in writing by post sent to the Church Office and attention to “Data Protection Officer”.
The DPO will investigate the complaint within a reasonable time of receiving the written request or complaint and will contact the complainant within a reasonable time, in order to address any concerns relating to matters with the PDPA. LCS reserves the right to reject, among others, frivolous or vexatious requests or complaints.