Please see the Schedule for more information and terms concerning this Service.
3.2A.1. bypass or circumvent any technical restrictions or digital protection measures in the Service or attempt to circumvent any such restrictions;
3.2A.2. reverse engineer, decompile, disassemble, modify, translate, adapt or create derivative works of the Service (whether in relation to its source code, object code, underlying structure, ideas, algorithms or otherwise);
3.2A.3. reproduce, publish, distribute, transfer, publicly display, resell, rent, lease, or sublicense the Service, or loan, lend, pledge, assign, or otherwise encumber the Service to or in favour of any third party;
3.2A.4. remove or obscure the copyright, trademark and other proprietary notices contained on or in the Service;
3.2A.5. use the Service in any manner that is contrary to any applicable laws or regulations or rights of third parties (however arising and of whatever nature), or in a manner that constitutes harmful, fraudulent, or obscene activity;
3.2A.6. make the Service available in or through a network, file-sharing service, service bureau or any similar timesharing arrangement or as a managed service provider;
3.2A.7. perform any benchmarking tests or analyses of the Service;
3.2A.8. use the Service to create anything that would compete with the Service;
3.2A.9. transfer, assign or permit the sharing of license keys to or with a third party;
3.2A.10. use the Service to process or permit to be processed any code of a third party;
3.2A.11. provide third party access to the Service; or
3.2A.12. export the Service in violation of any international sanctions or laws applicable to US entities.
3.2B.All express or implied rights to the Service not specifically granted herein are expressly reserved to GovTech.
3A.1You are solely responsible for maintaining the confidentiality and security of any authentication credentials associated with your use of the Service, including the security of any of your devices which store the authentication credentials.
3A.2GovTech shall be entitled, but not obliged, to verify the identity of the person using the Service. Without prejudice to the foregoing, GovTech is not under any duty to verify that any biometric identifier used with the Service, or on your device, belongs to you.
3A.3GovTech shall have the sole and absolute discretion to invalidate any authentication credentials at any time, or require you to have to re-authenticate or refresh your authentication credentials at any time, without having to give any reason for the same.
3A.4GovTech shall be entitled, but not obliged, to act upon or rely on any instructions, information, transmissions of data, or communications received from the account or use of the Service in relation to your authentication credentials, as if such instructions, information, data or communications were issued by you, whether or not the same was authorized by you.
3A.5For the avoidance of doubt, you are solely responsible for any loss of whatever nature arising from unauthorized or unofficial modifications made to your device which permit or escalate privileged access, or remove restrictions to such access, which are not intended by the manufacturer or provider of your device or operating system of your device (e.g., “rooting” or “jailbreaking” your mobile phone).
You agree that all title and interest in any feedback, requests or suggestions from you concerning the Services provided to GovTech shall be owned by GovTech and, without prejudice and in addition to clause 5.3, you shall waive all rights existing in or in respect of the same (including, for the avoidance of doubt, any signature requirements).
5B.1 If you receive information or data (in whatever form) from GovTech or a Third Party which is designated confidential or proprietary or is otherwise reasonably understood to be confidential or proprietary (collectively, “Confidential Information”), you shall not use, disclose or reproduce the Confidential Information except for the purpose for which it was provided to you. If consent to disclose the Confidential Information to a third party is given by GovTech or the Third Party to you, any act or omission in respect of the Confidential Information by that person shall be deemed to be your act or omission and you agree to be fully liable for the same. In all cases, you shall protect the Confidential Information to the same extent you protect your own confidential information but in no event less than a reasonable standard of care. You shall ensure that any recipients are bound by confidentiality terms at least as restrictive as this Clause.
5B.2You shall destroy any Confidential Information immediately upon request by GovTech or the Third Party.
5B.3In the event:
5B.3.1.you are, or likely to be, required by an order of court to disclose Confidential Information; or
5B.3.2.you have reasonable grounds to suspect the unauthorised use or disclosure or reproduction of Confidential Information;
you shall immediately notify GovTech or the Third Party of the same and cooperate with GovTech or the Third Party to prevent or limit such disclosure.
5B.4. Nothing in this Clause 5B shall prejudice GovTech’s or the Third Party’s other rights at law.
regardless of whether GovTech has been advised of the possibility of such damage or loss.
You also agree to the terms of the Government Agency Privacy Statement for this Service as may be amended from time to time. The Government Agency Privacy Statement will form part of these Terms of Use.
Subject to the rights of the Third Party and/or Singapore public sector agencies, a person who is not a party to this Terms of Use shall have no right under the Contract (Rights of Third Parties) Act or otherwise to enforce any of its terms. Variation or rescission of these Terms of Use shall not require the consent of any third party, including any Third Party and/or other Singapore public sector agencies.
If any term of these Terms of Use is held by a court or tribunal of competent jurisdiction to be invalid or unenforceable, then these Terms of Use, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included but, to the extent permissible, such invalid or unenforceable terms shall be deemed to have been replaced by terms that are (a) valid and enforceable and (b) express the intention or produce the result closest to the original intention of the invalid or unenforceable terms.
In the event of any conflict, inconsistency or ambiguity between or in any one or more terms in these Terms of Use, such conflict, inconsistency or ambiguity shall be resolved in favour of GovTech and the provision or interpretation which is more favourable to GovTech shall prevail. Notwithstanding any other term, GovTech has the sole and absolute discretion to determine which term or interpretation is more favourable to it and such decision shall be binding on you.
These Terms of Use contain the entire and whole agreement concerning the subject matter of these Terms of Use. The Terms of Use supersedes all prior written or oral representations, agreements and/or understandings between GovTech and yourself. Except for amendments by GovTech under these Terms of Use, no amendment to these Terms of Use shall be of any force unless agreed upon in writing by both parties.
10D.1.Any delay, failure or omission on the part of GovTech in enforcing any right, power, privilege, claim or remedy (“Remedy”), which is conferred under the Terms of Use or at law or in equity, or arises from any breach by you, shall not (a) be deemed to be or be construed as a waiver or variation of the Remedy, or of any other such Remedy, in respect of the particular circumstances in question, or (b) operate so as to bar the enforcement or exercise of the Remedy, or of any other such Remedy in any other subsequent instances.
10D.2.No waiver by GovTech of any breach of the Terms of Use by you shall be deemed to be a waiver of any other or of any subsequent breach.
10D.3.Any waiver by GovTech granted under the Terms of Use must be in writing and may be given subject to conditions. Such waiver under the Terms of Use shall be effective only in the instance and for the purpose for which it is given.
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.
These Terms of Use are dated 27 April 2023.
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