IMPORTANT – PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
BY ACCESSING THIS WEBSITE AND/OR THE RELATED PAGES, REGISTERING FOR A DEVELOPER ACCOUNT, USING THE RELATED DEVELOPER CONTENT AND/OR USING THE RELATED ONLINE SERVICES, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT ANY OF THESE TERMS OR CONDITIONS, YOU MUST IMMEDIATELY DISCONTINUE YOUR ACCESS OF THIS WEBSITE, ALL RELATED PAGES, YOUR DEVELOPER ACCOUNT, DEVELOPER CONTENT AND/OR USE OF THE RELATED ONLINE SERVICES.
In these terms, "we", "us", "our" or "DBS" means DBS Bank Ltd, "Developer", "you", "your" or "yours" means the persons / entities to whom these terms apply to and "DBS Group" means DBS, its related corporations, affiliates and branches.
Terms of Use and Licenses Granted
Subject to the terms and conditions outlined herein, DBS grants you a royalty-free, limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access, copy and use the documentation and information pertaining to the DBS Application Programming Interface ("DBS APIs") provided via this website and via the DBS API test environment ("Sandbox") and sandbox data (meaning the fake masked, obfuscated, encrypted and/or otherwise incorrect or inactionable test data provided via the Sandbox), collectively hereafter referred to as the "Developer Content", solely for the purpose to enable you to develop, test, connect with, and support the development of your application for your benefit of participating in the programme which aims to develop and embed DBS APIs for use with websites and mobile applications to enhance existing customer journeys and/or introduce new and innovative customer journeys ("DBS API Programme").
DBS hereby grants you a limited, revocable, non-transferable, non-sublicensable, non-exclusive, royalty-free license to include DBS trade marks in your application solely for the limited purpose of identifying the source of the API content/services you will develop as part of the DBS API Programme. You will strictly follow all rules and branding guidelines provided by DBS to you during the DBS API Programme.
At all times your use of the DBS trade marks:
(i) must be in conjunction with the DBS API Programme and/or your application;
(ii) cannot disparage or harm DBS and/or its reputation or associated goodwill with its trade marks;
(iii) is subject to prior approval by DBS at its sole discretion.
You may not use any DBS trade marks for any purpose not expressly authorised herein.
DBS reserves all other rights to the documentation and information pertaining to the Developer Content contained and shared hereunder and to the extent such rights are not expressly identified herein. Except for the above license, no rights or licenses, express or implied, are hereby granted to you with respect to any of DBS intellectual property rights or under any of patents, copyrights or trade secrets as a result of, or related to the DBS API Programme and/or in our course of dealings with you hereunder.
You agree not to:
(i) reverse engineer, reverse compile, decrypt, deobfuscate, unmask,or reverse assemble all or any portion of this website, any Developer Content or any Developer Token (as defined below); or
(ii) distribute, disclose, publish, market, sell, rent, lease, sublicense or assign to any third party your Developer Token or any Developer Content to which you have access under these terms unless otherwise specifically authorised in writing by DBS.
You are strictly prohibited from posting or distributing any unlawful, harmful, offensive, threatening, abusive, libelous, harassing, defamatory, vulgar, obscene, profane, hateful, fraudulent, sexually explicit, racially, ethnically, or otherwise objectionable material of any sort, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable laws during the course of your use of any Developer Content or the website. DBS reserves the right to suspend your Developer Account and Developer Token in the event we are alerted to and/or become aware of any of the above behaviour.
DBS may, but is not obligated to, monitor or review any areas on the website (if any) where users may transmit or post communications or communicate solely with each other and the content of any such communications. For the avoidance of doubt DBS will have no liability related to the content of any such communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. DBS may edit or remove content on the website at its discretion at any time.
Developer Tokens – Access and Use
You shall only access or use the Developer Content that is non-public information through your unique licensed access credentials (a "Developer Token") issued to you upon successful registration and creation of your DBS Developer Account. For the avoidance of doubt DBS owns all Developer Tokens (including, but not limited to, any and all intellectual property rights related thereto). DBS reserves the right to limit access to and/or suspend your access to the Developer Content or your Developer Token in the event it suspects you have breached these terms and conditions.
You shall be fully responsible and liable at all times for all activities performed and/or your use of this website where such activities and/or use are associated with your Developer Token.
You acknowledge and agree that DBS may use cookies, monitor, run verification and compliance analysis and/or use data capture, syndication analysis, and other similar tools to track, extract, compile, aggregate, archive, disclose, and analyze any data or information resulting from your and any other person's access to and/or use of this website and any Developer Content.
DBS retains ownership of all ancillary information and metadata related to use of this website and the Developer Content, including, but not limited to, listing appearance frequency and popularity with end users ("Metadata"). Metadata shall be considered our Confidential Information (as defined below). To the extent DBS, in our sole discretion, provide you with access to Metadata, you may use Metadata only for your own internal technical purposes in developing and/or supporting your application.
Support
DBS makes no promises or claims related to the availability or uptime of this website, Developer Content and/or your ability to use your Developer Token. These terms do not entitle you to any support to assist you with the development of your application and/or use of the Developer Content contained herein. You are solely responsible for providing all support and technical assistance of your applications. You acknowledge and agree that DBS has no obligation to provide any support or technical assistance to any users of your application(s)and you shall not represent to any such users that DBS is available to provide such support.
Changes to Developer Content
You acknowledge and agree that DBS may, at our sole discretion, amend or modify any Developer Content contained herein, and these terms from time to time, and that any impact and/or consequences such modification may have on your use of this website and the development of your application is solely at your cost and risk.
Responsibility for Your Application
DBS shall be responsible only for making Developer Content available to you, subject to these terms, conditions and requirements contained hereunder.
You are solely and entirely responsible for your application (including but not limited to any actions taken and/or any claims made by others related to
your application), including but not limited to your application's development, operation, maintenance, compliance with all applicable laws, and all materials that appear on or within your application.
Warranty
You warrant and represent that:
(i) (where applicable) you are able and authorised on behalf of your organisation to enter into these terms and conditions;
(ii) you are not concealing or disguising your identity to DBS;
(ii) you have a legitimate, lawful purpose for accessing and using this website and the Developer Content;
(iii) you will perform no act that harms DBS or DBS’ rights and interests in this website or the Developer Content;
(iv) you will comply with these terms and conditions of use, and all applicable laws and regulations; and
(v) you will promptly block, and notify us at [email protected] of, any known or suspected unauthorised or prohibited use of any Developer Content or your Developer Token.
Confidentiality and Non-disclosure
You acknowledge and agree that DBS considers the Developer Token(s) and Developer Content that is non-public information disclosed to you to be DBS’ confidential and proprietary information ("Confidential Information") which may not be disclosed to any third party (including, but not limited to, your affiliates) without our prior written consent.
You agree to use commercially reasonable means to maintain the confidentiality of Confidential Information in your possession or contained in your application, but in no circumstances means that are less stringent than those required by law or that you use to safeguard your own confidential or proprietary information (whichever means is more stringent).
Upon termination of these terms and conditions, you agree to destroy all copies of Confidential Information in your and/or your contractors' or third party agents' possession, or control and, upon request, certify such destruction to us.
For the avoidance of doubt you shall retain all intellectual property rights in your application.
DBS shall retain the right to incorporate into this website and/or the Developer Content any suggestions submitted by or shared by you during the course of your participation in the DBS API Programme and/or use of any Developer Content or the website. If incorporated, such suggestions shall form part thereof and shall become DBS’ intellectual property, and DBS shall not be obligated to provide financial compensation to you or any other person in connection with such suggestions.
Treatment of Data
Please note that the consent you have provided for the use of your personal data is revocable at any time by notifying DBS. You should note that the revocation of your consent to process and share your personal data shall automatically terminate your Developer Token and your access to the Developer Content and may lead to the termination of your organisation’s contractual relationship with DBS in relation to this website, the Developer Content and the DBS API Programme.
Disclaimer
The Developer Content and information and materials contained in or accessed as a result of your Developer Account and/or provided by DBS to you in connection with the DBS API Programme, are provided to you and your organisation on an "AS IS" and "AS AVAILABLE" basis and are of a general nature which have not been verified, considered or assessed by any member of the DBS Group in relation to the making of any specific investment, business, financial or commercial decision. Such information and materials are provided for general information only and you should seek professional advice at all times and obtain independent verification of the information and materials contained herein before making any decision based on any such information or materials. The DBS Group does not warrant the truth, accuracy, adequacy, completeness or reasonableness of the information and materials contained in or accessed through this website and expressly disclaims liability for any errors in, or omissions from, such information and materials. No warranty of any kind, implied, express or statutory (including but not limited to, warranties of title, merchantability, satisfactory quality, non-infringement of third-party intellectual property rights, fitness for a particular purpose and freedom from computer virus and other malicious code), is given in conjunction with such information and materials, or this website and Developer Content in general. Under no circumstances shall the DBS Group be liable regardless of the form of action for any failure of performance, system, server or connection failure, error, omission, interruption, breach of security, computer virus, malicious code, corruption, delay in operation or transmission, transmission error or unavailability of access in connection with your accessing this website and/or using the Developer Content or Developer Token. In no event shall the DBS Group be liable to you or any other party for any damages, losses, expenses or costs whatsoever (including without limitation, any direct, indirect, special, incidental or consequential damages, loss of profits or loss opportunity) arising out of or in connection with your use of this website, or reliance on any Developer Content, Developer Token and/or other information, materials or services provided as a result of your participation in the DBS API Programme, regardless of the form of action and even if the DBS Group had been advised as to the possibility of such damages.
Indemnity
You hereby agree to indemnify and save the DBS Group harmless against all damages, losses, expenses and costs (including legal costs) suffered or incurred by the DBS Group in connection with or arising from (i) your access of this website and/or use of the Developer Content, Developer Token and/or related online services, or (ii)any other party's access of this website and/or use of the Developer Token and/or Developer Content and/or related online services using your Developer Token, or (iii) your breach of any of these terms and conditions, or (iv) any other party's breach of any of these terms and conditions where such party was able to access this website and/or use the Developer Content and/or Developer Content and/or related online services by using your Developer Token.
Miscellaneous
Nothing in these terms will be construed as creating a partnership, franchise, agency, fiduciary, employment or joint venture relationship of any kind with DBS, and neither you nor DBS will have the authority to bind the other party or to contract in the name of or create a liability against the other party in performing its obligations or exercising its rights under these terms.
You acknowledge by accepting these terms that you have not received or been offered any illegal or improper bribe, kickback, payment, gift, or thing of value from any of our affiliates' employees or agents in connection with these terms or in relation to your participation in the DBS API Programme. Reasonable gifts and entertainment provided in the ordinary course of business do not violate the above restriction. If you learn of any violation of the above restriction, you will use reasonable efforts to promptly notify us at [email protected].
You may not assign any of your rights or obligations hereunder without our prior written consent. DBS may assign any of our rights or obligations without your consent by providing notice to you by email or posting a notice this website.
These terms alongside the DBS Developer Portal Public Website Terms & Conditions of Access and any other DBS policies and procedures which may be provided to you during the course of your participation in the DBS API Programme shall constitute the entire agreement between the parties with respect to the subject matter hereof and supersede any and all other proposals and agreements (oral or written) between the parties related to your access to or use of the Developer Content.
If any provision of these terms and conditions is held by a court of competent jurisdiction to be unenforceable, such provision shall be modified by the court and interpreted so as to best accomplish the original provision to the fullest extent permitted law, and the remaining provisions of these terms shall remain in full force and effect.
Termination
The DBS Group may terminate these terms and conditions and your access to this website and/or your use of the Developer Content, Developer Token and related online services at any time at our sole discretion without notice and without assigning any reason therefor.
Governing Law and Jurisdiction
Nothing herein shall be construed as a representation by the DBS Group that the information and materials contained in or accessed through this website is appropriate or available for use in geographic areas or jurisdictions other than Singapore. By accessing this website and/or using the online services, you agree that such access and/or use, as well as these terms and conditions shall be governed by, and construed in accordance with, the laws of Singapore and you agree to submit to the non-exclusive jurisdiction of the Singapore courts.