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1. GENERAL
1.1
Welcome to “Super SG Dash”. These Terms of Use (“Terms”) govern your access to and use of the content and services provided by the Government of Singapore, through the web page at [insert link to game] (or such other URL as may be specified by us from time to time). We may, from time to time, issue amendments to these Terms and your continued use of the Services shall constitute consent to these Terms.
1.2
You must be at least 18 years old to use the Services. By accessing or using the Services, you represent that you are 18 years old or above and agree to these Terms. If you are not 18 years old or above, or do not agree to these Terms, please do not use the Services.
1.3
Before you access or use the Services, please check that you are accessing or using —
(a) the Services from a legitimate source; and
(b) the Services that are operated or published by us.
If you access or use the Services or a version of the Services, that is not from a legitimate source or not operated or published by us, we will not be responsible for anything that results from such use.
1.4
These Terms only govern the relationship between us and you. The dealings between you and any other person are not governed by these Terms. Your use of the Services may be subject to Third Party Terms as described in Clause 6.
2. INTERPRETATION
2.1
In these Terms, unless the context otherwise suggests, when the following words and phrases are used, they will have the following meanings:
“Content” means any and all data, information, images, text, messages, notifications, digital content or media that may be provided, uploaded, created, produced, generated, stored or transmitted through the Services. For the avoidance of doubt, “Content” includes “Your Content”.
“Device” means a computer, laptop, mobile phone, smartphone, tablet, phablet, kiosk or other device from which the Services can be accessed and used.
“Guidelines” means any and all additional terms, instructions, guidelines, directions or policies with respect to any operational or technical details or FAQs regarding the Services, as may be issued or amended by us from time to time.
“Intellectual Property Rights” means any and all rights existing from time to time, whether now or in the future, under any trademark law, copyright law, patent law, trade secret law and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide, or capable of protection in any relevant country in the world.
“Losses” means all liabilities, losses, damages, expenses and costs (including those arising out of third party claims), including any loss of profit, direct, indirect or consequential losses.
“Services” means the Content and services provided by the Government of Singapore, through the web page at [insert link to game] (or such other URL as may be specified by us from time to time).
“Terms” has the meaning given to it in Clause 1.1.
“Third Party” has the meaning given to it in Clause 6.3.
“Third Party Services” has the meaning given to it in Clause 6.1.
“Third Party Terms” has the meaning given to it in Clause 6.1.
“User” refers to any person who accesses or uses the Services.
“Your Content” means the Content that you upload, submit, store or transmit in the course of your access to and use of the Services.
“use”, “uses”, “using” or “used” in relation to the Services, includes downloading, installing, accessing, operating or using the Services.
2.2
Unless the contrary intention appears—
(a) the words “written” and “in writing” include any means of visible reproduction;
(b) headings are inserted for convenience only and shall not be taken into consideration for the purpose of interpretation;
(c) words importing the singular include the plural and vice versa;
(d) references to a “person” include any individual, company, limited liability partnership, partnership or unincorporated association;
(e) all references to “including” or any similar variations as used in these Terms means “including without prejudice to the generality of the foregoing” and “including without limitation”; and
(f) any reference to any legislation includes any amendment, replacement or re-enactment of that legislation and includes any subsidiary legislation made under, and any codes, rules, regulations and directions issued pursuant to, such legislation.
3. USAGE TERMS
3.1
In addition to these Terms, you agree to comply with any and all guidelines, notices, operating rules, policies and instructions pertaining to the use of the Services, any amendments to the aforementioned issued by us from time to time, as well as any applicable laws and regulations.
Third Party Terms as described in Clause 6 may also apply.
3.2
The Services are owned by or licensed to us. Subject to these Terms, we grant you a non-exclusive, limited, revocable, non-sub-licensable and non-transferrable right to use the Services.
3.3
You agree that you will not, and will not permit any other person (whether directly or indirectly) to:
(a) modify, reverse-engineer, decompile, adapt, publish, redistribute or sub-licence any part of the Services, or interfere with or intercept any transaction which is part of the Services, without our prior written consent;
(b) use the Services for any commercial purpose or for the benefit of any third party (save where authorised by us), including renting, selling or leasing the Services (or any part thereof) to any other person, or directly or indirectly charging any other person for access to or use of the Services (or any part thereof);
(c) reproduce, duplicate or copy any part of the Services, without our prior written consent;
(d) remove, circumvent, impair, bypass, disable or otherwise interfere with any security-related feature of the Services, including any feature that:
i) prevents or restricts access or use of any particular functionality or feature of the Services; or
ii) prevents or restricts the access to, use of or the copying of any Content;
(e) misrepresent or make false or misleading claims regarding the Services;
(f) access or use the Services for any illegal activity, unlawful purpose, or any other purpose prohibited by these Terms or by law or in any manner contrary to law;
(g) use, transmit or upload any device, software, malicious code, exploit or routine, including any viruses, Trojan horses, worms, malware, time bombs, robots, spiders, data-mining or data scraping tools or cancel bots that may:
i) damage or interfere with the proper operation of the Services;
ii) intercept, expropriate or destroy any Content or personal data; or
iii) introduce security vulnerabilities to the Services or Devices of any other persons;
(h) access or use the Services in any manner that could damage, disrupt, disable, overburden, or impair the operation of the Services, interfere with any person’s access to or use of the Services, or impose an unreasonable or disproportionately large load on any system or server used in the provision of the Services;
(i) use any Content obtained from the Services, in order to defame, abuse, harass, stalk, threaten, harm or otherwise violate the rights of another person;
(j) upload, post or transmit any Content of any type that —
i) is contrary to any law or legislation;
ii) is false, offensive, defamatory or fraudulent; or
iii) infringes or violates the rights (including the Intellectual Property Rights) of any other person;
(k) access any Content not intended for you;
(l) solicit personal data from any other person for purposes of accessing or using the Services;
(m) access the Services through automated or non-human means, whether through a bot, script or otherwise;
(n) engage in any automated use of the Services, such as using scripts to send comments or messages, or using any data mining, robots or similar data gathering and extraction tools;
(o) systematically retrieve data or other content from the Services to create or compile a collection, compilation, database or directory;
(p) make any unauthorised or improper use of the Services, including (i) collecting usernames or email addresses of Users by electronic or other means for the purpose of sending unsolicited email or any other purposes unauthorised by us, or (ii) submitting false reports of abuse or misconduct;
(q) trick, defraud or mislead us or other Users;
(r) attempt to impersonate another User or person, or use the username of another User or person;
(s) harass, annoy, intimidate or threaten any of our employees, contractors or agents in providing any portion of the Services to you;
(t) except as may be the result of standard search engine or Internet browser usage, use, launch, develop or distribute any automated system, including any spider, robot, cheat utility, scraper or offline reader to access the Services, or using or launching any unauthorised script or other software; and
(u) violate any applicable law, legislation or regulation, or infringe any person or entity’s rights (including Intellectual Property Rights) or other proprietary rights.
Any unauthorised use immediately terminates the licence and permission granted by us to you.
3.5
You shall immediately notify us if you are aware of or have any reason to suspect any vulnerability, defect, bug, exploit or other potential weaknesses in the Services or any unauthorised access to, or use of, the Services. You shall not inform any other person of such vulnerability, defect, bug, exploit or potential weakness, without our prior written consent.
3.6
Where you have authorised another person to access and use the Services on your behalf, you shall ensure that such person complies fully with these Terms as though the words “you” or “your” in these Terms refer to such person. You shall be responsible for any breach of these Terms by such person.
3.7
You agree to indemnify and hold us harmless against any Losses arising out of or related to your conduct, your use or inability to use the Services, your breach or alleged breach of these Terms or of any representation or warranty contained herein, your unauthorised use of the Services, or your violation of any rights of any other person.
4. ACCESS TO THE SERVICES WITH AN ACCOUNT
4.1
You are required to create and maintain an account to access and use certain features or functionalities of the Services.
4.2
You agree that —
(a) you will be solely liable and responsible for any communications, transactions and activities on or through the Services, that originate from, occur under, are referable to, are conducted through, or are purported to be conducted through, your account;
(b) any —
i) use or purported use of the Services; and
ii) information, data, instructions or communications,
referable to your login credentials, will, whether or not authorised by you, be deemed to be —
(a) use of the Services by you; and
(b) information, data, instructions or communications transmitted and validly issued by you,
and you will be responsible for any and all such use, information, data, instructions and communications. We may accordingly act upon, rely on and hold you responsible and liable for such use, information, data, instructions and communications, as if the same were carried out, transmitted or issued by you.
4.3
We are under no obligation to verify the authenticity of any communications, transactions and activities conducted on or through the Services through your account, or the identity of the person accessing, managing or using your account, and you agree that we may act upon, rely on and hold you responsible and liable, as if the same were conducted by you.
4.4
To the fullest extent permitted by law, you shall not challenge the validity or authenticity of any communications, transactions or activities on or through the Services originating from, occurring under, referable to, or conducted through, your account.
4.5
You:
(a) must provide us information that is accurate, complete, and current at all times; and
(b) may not use the account of another person to access or use the Services.
Any breach of this clause may result in suspension or termination of your access to or use (whether current or future) of the Services (or any portion thereof), without any liability to us.
5. RESERVATION OF RIGHTS
5.1
We reserve the right, at any time and at our sole discretion, to —
(a) update, enhance, upgrade, reduce, or otherwise modify or vary the functionalities or features of the Services or any part thereof. These Terms will apply to all such updates, enhancements, upgrades, reductions, modifications, or variations;
(b) suspend availability of the Services (or any part thereof), during times of maintenance or for any reason whatsoever;
(c) suspend, deny, restrict or otherwise render impossible, your access to or use of the Services (or any part thereof);
(d) discontinue or terminate the Services (or any part thereof), whereupon all rights granted to you in relation to the discontinued or terminated part(s) of Services, shall automatically cease; and
(e) remove any Content (including Your Content).
We reserve the right to do the above, without having to notify you or assign any reasons, and without being liable or responsible to you for any Losses or compensation.
5.3
Without limiting Clause 5.2, we may suspend or terminate your access to or use (whether current or future) of the Services (or any portion thereof) immediately –
(a) if you breach any of these Terms or any applicable laws;
(b) if there has been no activity in your account for a continuous period of 60 days and there is continued inactivity after we have given 30 days’ written notice to you; or
(c) if your continued use would constitute a breach of any laws or continued provision of the Services to you would constitute a breach of any laws.
We may take all such actions as we consider appropriate, desirable or necessary, without having to notify you and without being liable or responsible to you for any Losses or compensation.
6. THIRD PARTY TERMS
6.1
The Services may require, enable, provide, or facilitate access to or use of the websites, software or services of another person (“Third Party Services”), or may be used in combination with Third Party Services. In such an event, there may be additional terms governing your access to and use of such Third Party Services (the “Third Party Terms”) that will bind either us or you or both. The Third Party Terms may be embedded in the Services (whether as hyperlinks or otherwise) or made available on or through the relevant Third Party Services.
6.2
It is your responsibility to check and read the most up-to-date versions of all applicable Third Party Terms, and you are deemed to have notice of the same. In particular, you are deemed to have notice of any terms that we (under the Third Party Terms) are required to notify you of, and you agree to be bound by and to comply with all applicable Third Party Terms.
6.3
If the Third Party Terms require you to enter into an agreement directly with the third party that owns or is providing the Third Party Services (the “Third Party”), you agree to enter into such agreement, and in any event, to be legally bound by the said Third Party Terms.
6.4
You agree to indemnify and keep us and the relevant Third Parties harmless against all claims, actions and Losses howsoever arising out of or in connection with your access to or use of the Third Party Services or your non-compliance with the Third Party Terms, which causes us or the relevant Third Parties to breach any of the Third Party Terms.
6.5
You will not hold us or the relevant Third Parties liable for any Losses caused as a result (direct or indirect) of the use of any Third Party Services, including any Losses suffered as a result of reliance on the contents contained in or available from such Third Party Services.
6.6
For the avoidance of doubt, nothing in the Services constitutes an endorsement of any Third Party Services or any content made available or accessible through such Third Party Services, even where the Third Party Services may require the use of the Services. We make no representations, warranties or guarantees whatsoever in relation to the Third Party Services or any content made available or accessible through such Third Party Services. Your access to and use of the Third Party Services, and your reliance on the content made available or accessible through such Third Party Services, are solely at your own risk.
7. INTELLECTUAL PROPERTY
7.1
You acknowledge that all titles, rights and interest, including Intellectual Property Rights, in and to the Services, are owned by or licensed to us. You shall not infringe any title, right or interest (including any Intellectual Property Rights) in the Services. Unless otherwise expressly permitted by law or with our permission, you agree not to reproduce, reuse, modify, adapt, translate, prepare derivative works from, or decompile, reverse engineer, disassemble or otherwise attempt to derive source code from, the Services. Without limiting the foregoing, you will not use in any way and will not reproduce any trademark, logo, trade name and similar mark that is associated with the Services, without our or the relevant third party’s prior written consent (as the case may be).
7.2
You also agree to not remove, obscure, or alter our or any third party’s copyright notice, trademark, or other proprietary right notice contained within, applied to or made available or accessible in conjunction with or through the Services.
7.3
We do not represent or warrant that your access to and use of the Services will not constitute an infringement or misuse of the rights and interests of any other person, including Intellectual Property Rights belonging to such person.
8. USER GENERATED CONTENT
8.1
You may upload, submit, store or transmit Content in the course of your access to and use of the Services. Subject to Clauses 9.1A and 9.1B, you retain full ownership over Your Content, and we do not claim any ownership over Your Content.
8.2
You warrant that:
8.2.1
Your Content is not confidential, and may be accessed, used and downloaded by us and other Users, and may generally be treated as publicly accessible;
8.2.2
The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of Your Content, does not and will not infringe the proprietary rights, including but not limited to the Intellectual Property Rights of any third party;
8.2.3
Your Content does not infringe any third party’s rights (including Intellectual Property Rights and privacy rights);
8.2.4
You are the owner of Your Content, or have the necessary licenses, rights, consents, releases, and permissions to submit Your Content, and to use and authorize us and other Users (if applicable) to use Your Content in any manner contemplated by the Services and these Terms;
8.2.5
Your Content is not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation;
8.2.6
Your Content is not obscene, lewd, violent, harassing, libellous, slanderous, or otherwise objectionable (as determined by us);
8.2.7
Your Content does not ridicule, mock, disparage, intimidate or abuse anyone, and does not advocate the violent overthrow of any government or the incitement, encouragement, or threat of physical harm against another;
8.2.8
Your Content does not contain any material that solicits personal information from anyone or exploits other persons in a sexual or violent manner;
8.2.9
Your Content does not violate any law or regulation of any applicable jurisdiction concerning child pornography, or otherwise intended to protect the health or well-being of minors;
8.2.10
Your Content does not include any offensive comments that allude to race, language, religion, national origin, gender, sexual preferences, or physical or mental handicap; and
8.2.11
Your Content does not violate, or link to material that violates, any provision of these Terms, or any applicable law or regulation.
You shall bear all liability for and will indemnify us against any and all actions that may arise from your uploading of Your Content, that breach the laws of any country.
8.3 You acknowledge and agree that -
8.3.1
No representation or warranty is given by us that Your Content will be kept private or confidential;
8.3.2
We will have the right to process, modify, remove and delete Your Content at any time, for any or no reason whatsoever, and without notice and further liability to you, and we will not be liable to you in any way whatsoever if we do any such things;
9. INTELLECTUAL PROPERTY RIGHTS IN RELATION TO CONTENT AND THE SERVICES
9.1
You hereby grant us a non-exclusive, worldwide and royalty-free right to reproduce, disclose, use or otherwise deal with Your Content for any or all of the following purposes:
(a) to assist or facilitate your access to and use of the Services;
(b) to enable us or third party service providers engaged by us, to provide the Services (or any part thereof) to you;
(c) to carry out your instructions or respond to any queries, feedback or complaints provided by you, or otherwise respond to or deal with your interactions with us;
(d) to monitor and track your usage and the efficacy of the Services, in order to assist us in understanding your interests, concerns and preferences, and improving the Services, as well as our functions, services and activities;
(e) to conduct research, data analytics, surveys, market studies and similar activities, in order to assist us in understanding your interests, concerns and preferences, and improving the Services, as well as our functions, services and activities;
(f) to create reports and produce statistics regarding your usage of the Services, for security monitoring, audit, record-keeping or reporting purposes;
(g) to carry out verification checks, due diligence or other screening activities (including background checks) as we may require;
(h) to create and store backups of Your Content (whether for contingency or business continuity or otherwise), whether within or outside Singapore;
(i) to prevent or investigate any fraudulent, illegal or unlawful activity, or to respond to any feedback or complaints about you;
(j) to enable us to communicate with you on any matters relating to your access to and use of the Services, and for any or all of the purposes set out in this Clause 9.1, by telephone, electronic mail, text messages, push notifications or such other forms of communication that we may introduce from time to time depending on the functionalities and features of the Services or your Device(s);
(k) to do anything incidental or necessary to achieve any or all of the purposes set out in this Clause 9.1.
9.3
You acknowledge and agree that we are not liable for and you shall not make any claim against us for any Losses that may arise from your uploading, submitting or storing of Your Content on the
Services or your use or reliance on the Services and the Content in the Services.
9.4
If you provide any feedback to us, we will have the right to use the feedback without any restriction or obligation to you.
9.5
We may, at any time and at our sole discretion, remove, delete or purge Your Content (or any part thereof), without having to notify you or assign any reason, and without being liable or responsible to you for any Losses or compensation. Without prejudice to the foregoing, we may remove, delete or purge Your Content (or any part thereof) with immediate effect (and take all such action as we consider appropriate) without having to notify you and without being liable or responsible to you for any Losses or compensation.
9.6
You are responsible for Your Content and you upload, submit, store and transmit Your Content solely at your own risk. Notwithstanding anything in these Terms, we do not have any obligation to retain or store Your Content, or to create and store backups of Your Content, in any manner whatsoever. You are encouraged to create and store backups of Your Content at all times.
9B. SECURITY
9B.1
Where appropriate, we use available technology to protect the security of communications made through the Services. However, we shall not be liable or responsible for the security, authenticity, integrity or confidentiality of any transactions or other communications made through the Services. You carry out any transactions or communications at your own risk.
9B.2
Internet communications may be susceptible to interference or interception by third parties. We make no representations or warranties that the Services are free of infection by computer viruses or other unauthorised software. This is without prejudice to Clause 11.1.
9B.3
You should take appropriate steps to keep your information, software and equipment (for example, Your Content, your personal data and your Device(s)) secure. This includes taking appropriate steps to keep your Device, and the information and software stored on your Device secure, including clearing your browser cookies and cache, before and after using the Services.
9B.4
For more infocomm security tips, please visit https://www.csa.gov.sg/gosafeonline.
10. GUIDELINES FOR REVIEWS
10.1
We may provide you areas on the Services to leave reviews or ratings. When posting a review, you must comply with the following criteria:
10.1.1
your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language;
10.1.2
your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability;
10.1.3
your reviews should not contain references to political or illegal activity;
10.1.4
you may not post any false or misleading statements;
10.1.5
you may not organize a campaign encouraging others to post reviews, whether positive or negative;
10.1.6
you should refer to the rubrics provided by us.
10.2
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate.
Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates, partners or Users.
10.3
We do not assume liability for any review or for any claims or Losses resulting from any review. For the avoidance of doubt, all reviews submitted by you are deemed to form part of Your Content.
11. DISCLAIMERS AGAINST WARRANTY, REPRESENTATION AND LIABILITY
11.1
The Services are provided on an “as is” and “as available” basis without warranty of any kind. To the extent permitted by law, we do not make any representation or warranty of any kind whatsoever in relation to the Services, and disclaim all express or implied warranties or representations of any kind, whether arising from usage or custom or trade or by operation of law or otherwise, including any representation or warranty —
(a) as to the accuracy, completeness, correctness, currency, timeliness, reliability, availability, interoperability, security, non-infringement, title, merchantability, satisfactory quality or fitness for any particular purpose of the Services;
(b) that the Services, or your access to and use of any functionality or feature thereof, will be uninterrupted, free of bugs, free from human tampering or intervention, free from virus or other malicious, destructive or corrupting code, programme or macro, free from transmission errors or otherwise error-free, or that there will not be any defects or deficiencies in the Services; and
(c) as to the security of the Services, or the safekeeping or security of Your Content, including content that you upload, submit, store or transmit in the course of accessing or using the Services.
11.2
We will not be liable to you or any third party for any Losses incurred, paid by or suffered by you or any such third party, howsoever caused, whether arising directly or indirectly out of or in connection with —
(a) your access to and use of the Services or the Third Party Services;
(b) any loss or corruption of Your Content or any damage to your Device or any other property;
(c) any loss or unavailability of access to or use of the Services or the Third Party Services, howsoever caused;
(d) any breakdown or malfunction of any equipment system or software (including any Device) used in connection with the Services, whether belonging to us or not, including any electronic terminal, server or system, or telecommunication or other communications network or system;
(e) any use, misuse, purported use or misuse, loss, theft or unauthorised use of any Device;
(f) any use, misuse, purported use or unauthorised use of the Services;
(g) your computer or hardware or any other device (including your Device) not working or functioning properly;
(h) your reliance on any Content made accessible or available through the Services, or any action or omission taken by you or any other person in reliance on such Content;
(i) any error, defect, deficiency, delay, failure, or interruption in the transmission of the any Content made available or accessible on or via the Services, whether caused by errors in operation or transmission, communications failure, internet access difficulties, malfunctions in equipment or software or otherwise;
(j) any decision made or action taken by you or any third party in reliance upon the Services or any statement, opinion, representation, information or any Content made available or accessible on or through the Services;
(k) any virus or other malicious, destructive or corrupting code, programme or macro in the Services.
11.3
Insofar as the Services facilitates or requires the provision, use or functioning of, or is provided in conjunction with, other products, software, materials or services, we make no representation or warranty in relation to such other products, software, materials or services (including any representation or warranty as to timeliness, reliability, availability, interoperability, quality, security, fitness for purpose, non-infringement, suitability or accuracy).
11.4
You acknowledge that your use of the Services contains the possibility of human and machine errors, inaccuracies, omissions, delays, unavailability and losses, including the inadvertent loss of data or Content which may give rise to Losses suffered by you, and you agree that you will not hold us liable in any way whatsoever for the said Losses. You agree that you use the Services and any Third Party Services at your own discretion and risk and that you will be responsible for any Losses or damage suffered by you and to your Device, or loss, damage to or corruption of Content or data that results from the use of the Services or any Third Party Services.
11.5
You will not rely on the Services to claim or assert any form of legitimate expectation against us, whether or not arising out of or in connection with our roles and functions.
11.6
The Content made available or accessible through the Servuces does not constitute professional advice or a professional service. Such Content may not be correct, complete, current or accurate and
you should, before using the Services, perform your own checks or obtain professional advice relevant to your particular circumstances.
11.7
Without prejudice to the foregoing, no action may be brought by you against us, under these Terms or related to the Services, more than one (1) year after the cause of action arose.
12. HYPERLINKS
12.1
For your convenience, the Services may provide or contain hyperlinks or other forms of shortcuts which enable you to access and be re-directed to material not maintained or controlled by us (including any Third Party Services).
Insofar as the Services provides or contains hyperlinks or shortcuts to any such material, we will not be responsible for the availability or content of any such hyperlinked material, and will not be liable for any damages or loss arising from your access to or use of the hyperlinked materials. Use of hyperlinks and shortcuts and access to such hyperlinked material are entirely at your own risk. Hyperlinks and shortcuts are provided merely as a convenience to you and do not imply endorsement by, association or affiliation with us, of (a) the contents of such hyperlinked material (including any trademarks, service marks, trade names, domain names, logos, insignia or other devices used or appearing therein); or (b) the contents provider of the hyperlinked material.
12.2
Creating a hyperlink to, and framing of, the Services, are prohibited unless you have obtained our prior written consent.
12.3
We reserve all rights, at any time and at our sole discretion, to:
(a) disable any links to, or frames of, any part of the Services; and
(b) disclaim responsibility and liability for materials that link to or frame any part of the Services,
without having to notify you or assign any reason, and without being liable or responsible to you for any Losses or compensation.
12.4
We shall not be liable for any Losses incurred, paid by or suffered by you or any other person arising out of or in connection with your access to or use of any hyperlinks or shortcuts in the Services, or your reliance on the contents made available or accessible through such hyperlinks or shortcuts.
13. PRIVACY STATEMENT
13.1
During your use of the Services, we may collect, store, use, disclose or process personal data that is provided by you, for and in relation to the purposes listed in Clause 9.1. Save as otherwise provided in these Terms, our collection, use, storage, disclosure or processing of such personal data will be carried out in accordance with our privacy statement, which may be found at [ https://www.reach.gov.sg/privacy-policy]. In the event of any conflict between these Terms and the provisions of the privacy statement, the relevant provision of these Terms shall take precedence.
15A. NOTICE OF INTELLECTUAL PROPERTY INFRINGEMENT
15A.1
As we would not be able to determine if any Content uploaded to the Web Page is infringing copyright or other laws, if you find that any Content uploaded to the Web Page has breached any copyright or other laws, you can report this to us by sending an email to outreach@reach.gov.sg with the following information:
(a) where the matter relates to an intellectual property infringement, a description of the work protected by intellectual property which you claim has been infringed and a description of the material that you claim is infringing the intellectual property;
(b) where the complaint relates to any other matter, a description of the breach or infringement;
(c) your name, address and telephone number and email address where we or the alleged infringing party can contact you.
We will determine whether to remove the Content in question.
16. RIGHTS OF THIRD PARTIES
16.1
Subject to the rights of any Third Party for which Clause 6 applies, a person who is not a party to these Terms will have no right under the Contracts (Rights of Third Parties) Act (Cap. 53B) or otherwise to enforce any of its terms.
17. GOVERNING LAW AND DISPUTE RESOLUTION
17.1
These Terms and the use of the Services shall be subject to, governed by and construed in accordance with the laws of Singapore. Subject to Clause 17.2, you irrevocably agree that the courts of Singapore shall have exclusive jurisdiction to determine any dispute which may arise out of or in connection with these Terms. You irrevocably submit to the exclusive jurisdiction of such courts.
17.2
We may, at our discretion, refer any dispute arising out of or in connection with these Terms or the use of the Services, to arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in Singapore in accordance with the Arbitration Rules of the SIAC (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause. Further —
(a) the seat of the arbitration will be Singapore;
(b) the tribunal will consist of one (1) arbitrator to be agreed upon in accordance with the SIAC Rules, except that if no agreement is reached within thirty (30) calendar days after receipt by one party of such a proposal from the other, the arbitrator will be appointed by the Chairman of the SIAC;
(c) the language of the arbitration will be English; and
(d) all information, pleadings, documents, evidence and all matters relating to the arbitration will be confidential.
17.3
Where we are the defendant or respondent, we will have at least thirty (30) calendar days before the commencement of any legal action against us to elect to exercise the right under Clause 17.2 to have the dispute submitted to arbitration. This right to elect will not limit our right to a limitation defence and the period to exercise the right will not be abridged by reason of any accrual of a limitation defence in our favour during the said period.
18. MISCELLANEOUS
18.1
Any termination of your use of and access to the Services (howsoever occasioned), will not affect the coming into force or the continuance in force of any provision of these Terms which is expressly or by implication intended to come into or continue in force on or after such termination.
18.2
If any provision of these Terms is held by a court or tribunal of competent jurisdiction to be illegal, invalid or unenforceable, in whole or in part, such provision or part of it shall, to the extent that it is illegal, invalid or unenforceable, be deemed not to form part of these Terms, and all remaining provisions in these Terms, will remain in full force and effect as if such illegal, invalid or unenforceable provision had never been included.
18.3
Any failure or delay by us to enforce or insist upon strict performance of any of the Terms, shall not be deemed a relinquishment or waiver of any right or remedy that we may have (whether conferred under these Terms or at law or in equity), nor shall it be construed as a waiver of any subsequent breach of the Terms, which shall continue to be in full force and effect. Any waiver of any breach of these Terms must be in writing, and may be given subject to conditions. Such waiver shall be effective only in the instance and for the purpose for which it is given.
18.4
Any notice that we intend to give to you may be posted on the website on which the Services are made available, or sent to you to any contact information you may have provided us with. You are deemed to have received notice of the same upon us posting or sending such notice to you.
18.5
Any consent given under these Terms may be subject to such conditions as we consider appropriate.
