1.2. This Service is provided to you by the Government Technology Agency ("GovTech"). GovTech’s office is located at 10 Pasir Panjang Road, #10-01, Mapletree Business City, Singapore 117438.
2. Nature of this Service
Please see the Schedule for more information and terms concerning this Service.
3. Licence Terms and Restrictions
3.1. The Service, including the materials made available on or through the Service, is owned by, licensed to, managed or controlled by GovTech. Please see clause 4 (Third Party Materials) for more information.
3.3. GovTech reserves the right to:
3.3.1. Update or modify this Service from time to time;
3.3.2. Deny or restrict access to or use of the Service by any particular person without ascribing any reasons whatsoever; and
3.3.3. Discontinue this Service at any time without notice or liability to you whatsoever, whereupon all rights granted to you hereunder shall also terminate forthwith. You shall further upon notice from GovTech return or destroy all copies of the Service or materials therein that you may have downloaded.
3.4. You will not interfere or attempt to interfere with the proper working of the Service or otherwise do anything that imposes an unreasonable or disproportionately large load on GovTech’s servers.
4. Third Party Materials
4.2. It is your responsibility to check and read the most up-to-date versions of these Third Party Terms and you are deemed to have notice of the same. In particular, you are deemed to have notice of the Third Party Terms that GovTech (under the Third Party Terms) is required to notify you, and you unconditionally agree to be bound by all the obligations in the Third Party Terms which are applicable to you as the end user.
4.3. If the Third Party Terms require you to enter into an agreement directly with the Third Party, then you unconditionally agree to enter into such agreement, and in any event, to be legally bound by the Third Party Terms. For the avoidance of doubt:
4.3.1. some Third Party Terms (particularly open-source terms) permit either a direct licence to you from the Third Party or a sublicence from GovTech to you. In such cases, your licence is a direct licence from the Third Party to you; and
5. Your Consent to Access Functions of Your Device
6. Disclaimers and Indemnity
6.1. The Service is provided on an "as is" and "as available" basis without warranties of any kind. To the fullest extent permitted by law, GovTech does not make any representations or warranties of any kind whatsoever in relation to the Service and hereby disclaims all express, implied and/or statutory warranties of any kind to you or any third party, whether arising from usage or custom or trade or by operation of law or otherwise, including but not limited to any representations or warranties:
6.1.1. as to the accuracy, completeness, correctness, currency, timeliness, reliability, availability, interoperability, security, non-infringement, title, merchantability, quality or fitness for any particular purpose of the Service; and/or
6.1.2. that the Service or any functions associated therewith will be uninterrupted or error-free, or that defects will be corrected or that this Service, website and the server are and will be free of all viruses and/or other malicious, destructive or corrupting code, programme or macro.
6.2. GovTech shall also not be liable to you or any third party for any damage or loss of any kind whatsoever and howsoever caused, including but not limited to any direct or indirect, special or consequential damages, loss of income, revenue or profits, lost or damaged data, or damage to your computer, software or any other property, whether arising directly or indirectly from –
6.2.1. your access to or use of this Service, or any part thereof;
6.2.2. any loss of access to our use of this Service or any part of this Service, howsoever caused;
6.2.3. any inaccuracy or incompleteness in, or errors or omissions in the transmission of, the Service;
6.2.4. any delay or interruption in the transmission of the Service, whether caused by delay or interruption in transmission over the internet or otherwise; or
6.2.5. any decision made or action taken by you or any third party in reliance upon the Service,
regardless of whether GovTech has been advised of the possibility of such damage or loss.
6.3. Insofar as the Service facilitates or requires the provision, use or functioning of, or is provided in conjunction with, other products, software, materials and/or services not provided by GovTech, GovTech makes no representation or warranty in relation to such products, software, materials and/or services (including without limitation any representation or warranties as to timeliness, reliability, availability, interoperability, quality, fitness for purpose, non-infringement, suitability or accuracy).
6.4. You shall not rely on any part of the Service to claim or assert any form of legitimate expectation against GovTech, whether or not arising out of or in connection with GovTech’s roles and functions as a public authority.
7.1. Insofar as the Service provides a hyperlink to material not maintained or controlled by GovTech, GovTech shall not be responsible for the content of the hyperlinked material and shall not be liable for any damages or loss arising from access to the hyperlinked material. Use of the hyperlinks and access to such hyperlinked materials are entirely at your own risk. The hyperlinks are provided merely as a convenience to you and do not imply endorsement by, association or affiliation with GovTech of the contents of or provider of the hyperlinked materials.
7.3. GovTech reserves all rights:
7.3.1. to disable any links to, or frames of, any materials which are unauthorised (including without limitation materials which imply endorsement by or association or affiliation with GovTech, materials containing inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topics, names, or information that violates any written law, any applicable intellectual property, proprietary, privacy or publicity rights); and
7.3.2. to disclaim responsibility and/or liability for materials that link to or frame any part of the Service.
9. Rights of Third Parties
11. Governing Law and Dispute Resolution
11.3. GovTech may, at its sole discretion, refer any dispute referred to in clause 11.2 above 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:
11.3.1. The seat of the arbitration shall be Singapore.
11.3.2. The tribunal shall consist of one (1) arbitrator.
11.3.3. The language of the arbitration shall be English.
11.3.4. All information, pleadings, documents, evidence and all matters relating to the arbitration shall be confidential.
Where GovTech is the defendant or respondent, it shall be given at least 30 days before the commencement of any legal action against it to elect to exercise the right herein to have the dispute submitted to arbitration. This right to elect shall not prejudice GovTech’s right to a limitation defence and the period to exercise the right shall not be abridged by reason of any accrual of a limitation defence in favour of GovTech during the said period.