GovBuy Terms of Use

Terms of Use

GovBuy

1. General

1.1 Thank you for using GovBuy (the “Website”) and the database accessible on the Website, including but not limited to job listings, profile pages, and ratings pages (the “Database”). These Terms of Use (“Terms”) govern your access to and use of the Website and the Database. Please read these Terms carefully. Capitalised words and phrases in these Terms shall have the meanings ascribed to them in Clause 2.1.

1.2 The Website and the Database are provided to you by or on behalf of the Government Technology Agency (“we”, “us” or “our”). If you have any questions about these Terms, the Website or the Database, you may contact us at:

Government Technology Agency

Email: TMO@tech.gov.sg

Address: 10 Pasir Panjang Road, #10-01

Mapletree Business City

Singapore 117438

1.3 By accessing and using any part of the Website or the Database, as the case may be, you acknowledge that you have read and understood these Terms and unconditionally agree and accept to be legally bound by and to comply with these Terms and any amendments thereto from time to time. Any non-compliance with these Terms, whether intentionally or otherwise, may result in action being taken against you, including but not limited to a claim for compensation and civil and/or criminal liability.

1.4 The accessibility and operation of the Website or the Database may rely on technologies outside our control. We do not guarantee continuous accessibility or uninterrupted operation of the Website or the Database.

1.5 If you are using the Website or the Database, or any part thereof, on behalf of an Organisation, you hereby represent and warrant that you have been validly authorised to:

1.5.1 access or use the Website or the Database on behalf of your Organisation; and

1.5.2 agree to and bind your Organisation to these Terms.

In such circumstances, any reference to “you” in these Terms will include your Organisation.

1.6 Kindly ensure that you access or use the Website and the Database from legitimate sources only and check that the Website and the Database is indeed operated and/or published by the Government Technology Agency before you access or use the Website and the Database, as the case may be. We shall not be responsible or liable to you for any losses, costs, expenses or damage suffered or incurred by you or any third party arising from any imitation, spoof, phishing or similarly fraudulent or unauthorised digital services downloaded or accessed by you from illegitimate sources or which are not published or operated by us.

1.7 If you do not agree to these Terms, please do not access or use the Website and the Database.

2. Definitions and Interpretation

2.1 In these Terms, the following definitions shall apply unless the context requires otherwise:

“Account” refers to your SingPass account which you will use for the purposes of accessing or using the Database.

“Compatible Device” means a Device which meets or exceeds the requirements prescribed by us.

“Content” means any and all data, information, images, text, digital content and/or media that may be downloaded, accessed, uploaded, created, produced, generated, stored and/or transmitted through the use of the Database.

“Device” means a computer, laptop, mobile phone, smartphone, tablet, phablet, or other device from which the Website and Database can be accessed and used.

“Intellectual Property Rights” means any and all rights existing from time to time, whether existing 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.

“Login Credentials” means your Username, Password and/or any other unique login identification credentials issued, prescribed or otherwise approved by SingPass in accordance with Clause 4.2 to allow you to access or use the Database.

“Organisation” means a company, partnership, association or other organisation or body corporate.

“Password” refers to the valid password that you use in conjunction with the Username to access the Database through your Account.

“PDPA” means the Personal Data Protection Act 2012 (No. 26 of 2012).

“personal data” shall have the meaning as set out in the PDPA.

“Public Agencies” shall mean the Government of Singapore and statutory boards.

“Username” refers to the unique login identification name or code which identifies you.

2.2 Unless the contrary intention appears:

2.2.1 Headings are inserted for convenience only and do not affect the interpretation of these Terms;

2.2.2 Words importing the singular include the plural and vice versa;

2.2.3 References to persons are to be construed as references to an individual or a body corporate as the context requires;

2.2.4 The words, “include”, “includes”, and “including” are to be read as if they are followed by the phrase “without limitation”;

2.2.5 Any reference to any Act of Parliament includes any amendment, replacement or re-enactment to that Act and includes any subsidiary legislation made under that Act.

3. Usage Terms

3.1 We grant you a non-exclusive, limited, revocable, non-sub-licensable and non-transferable right to access or use the Content for personal and non-commercial use only.

3.2 If you access and use the Website and/or Database on behalf of an Organisation, you represent and warrant that you have been authorised:

3.2.1 to access and use the Website and/or Database for your personal or non-commercial use only; and

3.2.2 to bind the Organisation to these Terms.

3.3 You hereby agree that you will not directly or indirectly:

3.3.1 whether in whole or in part, modify, reverse-engineer, decompile, adapt, publish, redistribute, sublicense or interfere with or intercept any transaction which is part of the Website and/or the Database (including but not limited to authentication and password issuance/reset services) without our prior written consent;

3.3.2 use the Website, the Database or the Content for any commercial purpose (including commercial communications), including but not limited to renting, selling, leasing or directly or indirectly charging others for access or use of the Website, the Database or the Content or any part thereof;

3.3.3 reproduce or make any copies of the Website, the Database or the Content, including any software therein except with our prior written consent;

3.3.4 remove, circumvent, impair, bypass, disable or otherwise interfere with security-related features of the Website and/or the Database, including any feature that:

(i) prevents or restricts access or use of any particular functionality or feature of the Website and the Database;

(ii) prevents or restricts the access or use of any Account; and/or

(iii) prevents or restricts the access to, or use of any Content that is made available or accessible through the Website and/or the Database;

3.3.5 access, log into or use any Account that is not yours, or which you are not validly authorised to access, log into or use;

3.3.6 misrepresent or make false or misleading claims regarding the Website, the Database or the Content;

3.3.7 use the Website, the Database or the Content for any illegal activity, unlawful purpose or for any purpose prohibited by these Terms or in breach of these Terms;

3.3.8 use any device, software, exploits, or routine, including any virus, Trojan horse, worm, time bomb, robot, spider, data-mining or data scraping tool or cancel bot intended to damage or interfere with the proper operation of the Website and/or the Database or to intercept or expropriate any Content or personal data from the Website and/or the Database;

3.3.9 transmit or upload viruses, worms, defects, Trojan horses, malware or any other items that may introduce security vulnerabilities to or harm the Website and/or the Database or the Devices of other persons;

3.3.10 use the Website and/or the Database in any manner that could damage, disrupt, disable, overburden, or impair the operation of the Website and/or the Database; interfere with any other person’s access or use of the Website and/or the Database; or impose an unreasonable or disproportionately large load on the systems and servers used in the provision of the Website and/or the Database;

3.3.11 in the course of using the Website and/or the Database, upload, post or transmit any Content of any type that:

(i) violates any applicable law, statute, rule or regulation;

(ii) is false, offensive, defamatory, inaccurate, misleading or fraudulent; and/or

(iii) infringes or violates any rights of any person;

3.3.12 use the Website and/or the Database to access data not intended for you; and

3.3.13 solicit passwords or personal data from any other person or entity for purposes of accessing or using the Website and/or the Database.

4. Access to Database and your Account

4.1 All features and functionalities of the Database are only accessible with an Account.

4.2 You hereby acknowledge and agree that you are solely responsible for maintaining the confidentiality, safekeeping and security of your Account details, including your Login Credentials or other mechanisms or means that may be used to access your Account.

4.3 You agree that:

4.3.1 you will be liable and responsible for any transactions and activities conducted through, or purported to be conducted through, your Account;

4.3.2 any: (i) access to or use of, or purported access to or use of, the Website, the Database; and/or the Content (ii) information, data, instructions or communications, whether or not authorised by you, referable to your Login Credentials shall, as the case may be, be deemed to be: (A) access to or use of the Website, the Database; and/or the Content by you; and/or (B) information, data, instructions or communications transmitted and validly issued by you; and

4.3.3 you shall be responsible for any: (i) access to or use of, or purported access to or use of, the Website, the Database; and/or the Content; and/or (ii) information, data, instructions or communications, whether or not authorised by you, referable to your Login Credentials, and you agree that we (and our service providers) shall be entitled (but not obliged to) act upon, rely on and/or hold you solely responsible and liable in respect thereof, as if the same were carried out, transmitted or issued by you.

4.4 You acknowledge that we are under no obligation, nor are we able to, verify the authenticity of any transactions and activities conducted through your Account, or the identity of the person logging into and using your Account and you agree that we shall be entitled (but not obliged) to act upon, rely on and/or hold you solely responsible and liable in respect thereof, as if the same were conducted by you. You agree that you will not hold us responsible or liable, in any way whatsoever, for losses, costs, expenses or damages suffered or incurred by you or any third party if there is any unauthorised use of your Account.

5. Reservation of Rights

5.1 We reserve the right to change, modify or supplement these Terms at our discretion and at any time, by posting the changed, modified or supplemented Terms on or through the Website or through such other means as we may deem appropriate. Your continued access or use of the Website, the Database; and/or the Content following the posting of any changes, modifications or supplements will constitute your acceptance of such changes, modifications, or supplements. If you do not agree to any change, modification or supplement to these Terms, please do not use the Website.

5.2 We reserve the right to:

5.2.1 update, enhance, upgrade, reduce, or otherwise modify or vary the Website and/or the Database, or any part thereof, at any time, for any reason, with or without notice to you. You acknowledge and agree that these Terms will apply to all such modifications, upgrades, enhancements, reductions and/or variations to the Website, the Database; and/or the Content;

5.2.2 suspend access to or use of the Website and/or the Database, or any part thereof, during times of maintenance (whether scheduled or unscheduled), without notice or liability to you whatsoever;

5.2.3 deny or restrict access to or use of the Website and/or the Database, or any part thereof, to you without ascribing any reasons and without liability to you whatsoever; and

5.2.4 discontinue or terminate the Website and/or the Database, or any part thereof, at any time without notice or liability to you whatsoever, whereupon all rights granted to you hereunder shall also terminate forthwith.

5.3 Without limiting Clause 5, if your access or use of the Website, the Database and/or the Content is in breach of these Terms or any applicable law, we have the right to immediately disable your Login Credentials and/or terminate your Account and your access or use of the Website, the Database and/or the Content without notice and to take all such action as we consider appropriate, desirable or necessary.

5.4 We retain discretion in determining whether or not to provide maintenance and support services for the Website and/or the Database, and if so, the type and nature of such maintenance and support services.

5.5 You acknowledge and agree that without prejudice to Clause 4.4 we may, at our discretion, and without stating any reasons whatsoever, take such verification measures which may include:

5.5.1 measures that require you to prove your identity or confirm or validate the actions conducted on your Account by alternative means; and

5.5.2 measures declining or delaying to act on actions conducted on your Account until your identity has been verified or such actions have been validated or confirmed in accordance with Clause 5.5.1 above.

Please note that we will never ask you for your Login Credentials, whether as a verification measure or otherwise.

5.6 For the avoidance of doubt, we will not be under any obligation to take such verification measures set out in Clause 5.5 above. We will not be responsible or liable for any loss, liability or expense suffered or incurred by you arising, directly or indirectly, from any verification measure taken by us in accordance with Clause 5.5.

6. Third Party Terms

6.1 The Website and/or the Database may require, enable, provide, or facilitate access to or use of websites, software or services of a third party (“Third Party”). In such an event, there may be terms governing the use of such Third Party websites, software or services (the “Third Party Terms”) that will bind either us or you or both.

6.2 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 any terms that we (under the Third Party Terms) are required to notify you of, and you agree to be bound by all the obligations in the Third Party Terms which are applicable to you as the end user.

6.3 If the Third Party Terms require you to enter into an agreement directly with the Third Party, then you agree to enter into such agreement, and in any event, to be legally bound by the Third Party Terms.

6.4 If the Third Party Terms require us to incorporate certain terms in these Terms (inclusive of terms which impose any minimum or maximum standards herein, and/or terms described in Clause 6.5 below), such terms are deemed to have been so incorporated (the “Incorporated Terms”). Examples of Incorporated Terms include provisions which require us to give you notice of certain rights and liabilities or require us to ensure that you acknowledge certain matters. For the avoidance of doubt, in the event of any inconsistency between any of the Incorporated Terms and any provision of these Terms, these Terms will prevail to the extent of the inconsistency.

6.5 Some Third Party Terms grant the Third Party, or require us to grant the Third Party, direct rights of enforcement of these Terms as a third party beneficiary, against you. Such Third Party Terms are deemed to have been incorporated into these Terms as Incorporated Terms, and you agree to grant such Third Party, such direct rights of enforcement against you.

6.6 You agree to indemnify and keep us harmless against all claims, actions, liabilities, losses, damages, costs or expenses (including legal costs on an indemnity basis) howsoever arising out of or in connection with your access or use of the aforesaid Third Party websites, software or services and/or your non-compliance with the Third Party Terms or Incorporated Terms which causes us to breach any of the Third Party Terms.

6.7 You shall not hold us liable for any damage or loss of any kind caused as a result (direct or indirect) of the use of the aforesaid Third Party websites, software or services, including but not limited to any damage or loss suffered as a result of reliance on the contents contained in or available from such Third Party websites, software or services.

6.8 For the avoidance of doubt, nothing in the Website and/or the Database shall be considered an endorsement, representation or warranty of or by us with respect to any Third Party or any Third Party’s content, products, services or otherwise. We make no representations or guarantees regarding the availability or content (including its truthfulness, accuracy, completeness, timeliness or reliability) of such Third Party content, products, services or otherwise and any use or reliance on the same by you is solely at your own risk.

7. Intellectual Property

7.1 You acknowledge that we, or a relevant Third Party, own all title, rights and interest, including Intellectual Property Rights, in and to the Website and/or the Database, including without limitation any software therein, and any Content made available or accessible via the Database. You shall not do or permit any act which is directly or indirectly likely to prejudice our rights, title or interest, or that of a relevant Third Party (as the case may be), in and to the same. Unless otherwise expressly permitted by mandatory applicable law, you agree not to modify, adapt, translate, prepare derivative works from, or decompile, reverse engineer, disassemble or otherwise attempt to derive source code from, the Website and/or the Database. Without prejudice to the generality of the foregoing, you shall not use in any way and shall not reproduce any trademarks, logos, trade names and similar marks that are associated with the Website and/or the Database, without our prior written consent, or that of the relevant Third Party (as the case may be).

7.2 You also agree to not remove, obscure, or alter our or any relevant Third Party’s copyright notices, trademarks, or other proprietary rights notices contained within, applied to or made available or accessible in conjunction with or through the Website, the Database, and/or any Content made available or accessible via the Database.

7.3 We do not represent or warrant that the use of the Website, the Database, and/or any Content made available or accessible via the Database, by you will not constitute an infringement or misuse of any third party rights, including without limitation, Intellectual Property Rights.

7.4 No part of the Website, the Database, and/or any Content made available or accessible via the Database, may be reproduced or reused without our prior written permission.

8. Generated Content and Profile Data

8.1 You may be required to create, generate, submit or transmit certain Content in the course of your access or use of the Website and/or Database (“Generated Content”). Examples of such content include personal details, contact details, responses, feedbacks or other information provided by you when using the Website and/or the Database. You agree that you will continue to retain full ownership and control over the Generated Content and that we do not claim any ownership over any of the same. You grant us and any relevant Third Party a non-exclusive, worldwide and royalty free licence and right to handle and deal with the Generated Content for the purposes of providing you with the Website and/or the Database, and any purposes directly incidental or related to the same. This includes —

(a) sharing or transferring the Generated Content to third party service providers that we or a relevant Third Party may engage for the purposes of providing you to use the Website and/or the Database;

(b) storing or making backups of the Generated Content on databases or servers (whether within or outside Singapore) owned, operated or managed by us, a relevant Third Party or third party service providers engaged by us or a relevant Third Party; or

(c) where you have indicated your agreement to do so, to share, transfer or disclose the Generated Content with other users of the Website as designated by you.

9. Your Consent to Access Functions of Your Device

9.1 Use of the Website and/or the Database may require you to:

9.1.1 have an adequate Internet connection;

9.1.2 have a Compatible Device; and

9.1.3 allow access by the Website and/or the Database to certain functions of your Device where such functions are available, such as the Device’s camera, push notifications, the obtaining and/or sharing of your location, or the collection of data from you in connection with the Website and/or the Database. Please also see Clause 12 (Privacy Statement). Your use of the Website and/or the Database shall constitute your consent to the access by the Website and/or the Database of such functions of your Device as may be reasonably required by the Website and/or the Database.

9.2 You may not be able to use certain functionalities or parts of the Website and/or the Database if you do not comply with the requirements set out in Clause 9.1.

10. Disclaimers against Warranties, Representations and Liability

10.1 The Website, the Database, and/or any Content made available or accessible via the Database, are provided on an “as is” and “as available” basis without warranties of any kind. To the fullest extent permitted by law, we do not make any representations or warranties of any kind whatsoever in relation to the Website, the Database, and/or any Content made available or accessible via the Database, or any part thereof, and hereby disclaim 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:

10.1.1 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 Website, the Database, and/or any Content made available or accessible via the Database, or any part thereof; and/or

10.1.2 that the Website, the Database, any part thereof, or any functions or features associated therewith will be continuously accessible, uninterrupted or error-free, or that defects will be corrected or that the Website, the Database and the servers used in connection therewith are and will be free of all viruses and/or other malicious, destructive or corrupting code, programme or macro.

10.2 We 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 Device, software or any other property, whether arising directly or indirectly in connection with:

10.2.1 your use of the Website, the Database, and/or any Content made available or accessible via the Database, or any part thereof ;

10.2.2 any loss or unavailability of access to or use of the Website, the Database, and/or any Content made available or accessible via the Database, or any part thereof, howsoever caused;

10.2.3 any breakdown or malfunction of any equipment system or software used in connection with the Website or the Database, whether belonging to us or not, including but not limited to any electronic terminal, server or system, or telecommunication or other communications network or system;

10.2.4 your computer or hardware or any other device not working or functioning properly;

10.2.5 any inaccuracy or incompleteness in, or errors or omissions in any Content made available or accessible via the Database;

10.2.6 any delay or interruption in the transmission of any Content made available or accessible via the Database, whether caused by delay or interruption in transmission over the internet or otherwise; or

10.2.7 any decision made or action taken by you or any third party in reliance upon the Website, the Database, and/or any Content made available or accessible via the Database; or

10.2.8 any virus or other malicious, destructive or corrupting code, programme or macro.

10.3 Insofar as the Website, the Database, and/or any Content made available or accessible via the Database, facilitate or require the provision, use or functioning of, or are provided in conjunction with, other products, software, materials and/or services, we make no representation or warranty in relation to such other products, software, materials and/or services (including without limitation any representation or warranties as to timeliness, reliability, availability, interoperability, quality, security, fitness for purpose, non-infringement, suitability or accuracy).

10.4 You acknowledge that your access or use of the Website, the Database, and/or any Content made available or accessible via the Database, or any part thereof, contain the possibility of human and machine errors, inaccuracies, omissions, delays, unavailability and losses, including the inadvertent loss of data and/or Your Content which may give rise to loss or damage suffered by you, and you agree and undertake that you shall not hold us liable in any way whatsoever for the said loss or damage. You further understand and agree that you access and/or use the Website, the Database, the Content made available or accessible via the Database and/or any Third Party websites, software or services made available in conjunction with or through Website and/or the Database at your own discretion and risk and that you will be solely responsible for any loss or damage suffered by you and to your Device(s), or loss, damage to or corruption of data that results from the download and/or use of the Website, the Database, the Content made available or accessible via the Database, and/or all Third Party websites, software or services.

10.5 You shall not rely on any part of the Website, the Database and/or the Content made available or accessible via the Database, 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 as a public authority.

10.6 Information provided through the Website and the Database does not constitute professional advice and the Content may not cover all information available on a particular issue. Before using or relying on the Content, you shall perform your own checks or obtain professional advice relevant to your particular circumstances.

11. Hyperlinks

11.1 For your convenience, the Website and/or the Database may provide hyperlinks or other forms of shortcuts (collectively, “Shortcuts”) which enable you to access and be re-directed to, websites, services, products, or other materials, of third parties, which are not maintained or controlled by us (collectively, the “Re-Directed Materials”). Where any Third Party Terms apply to such Re-Directed Materials, you are expected to read and comply with such Third Party Terms and clause 6 will also apply.

11.2 Insofar as the Website and/or the Database provide Shortcuts to any Re-Directed Materials, we will not be responsible for the availability or content of the Re-Directed Materials and will not be liable for any damages or loss arising from your access to or use of the Re-Directed Materials. Use of Shortcuts and access to such Re-Directed Materials are entirely at your own risk. Shortcuts are provided merely as a convenience to you and do not imply endorsement by, association or affiliation with us of the contents of or provider of the Re-Directed Materials.

11.3 Hyperlinking to and framing of the Website and/or the Database are prohibited unless you have obtained our prior written consent. If you hyperlink to or frame the Website and/or the Database, that will constitute your acceptance of these Terms. If you do not accept these Terms, you must immediately discontinue hyperlinking to or framing of the Website and/or the Database.

11.4 We reserve all rights:

11.4.1 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 us, 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

11.4.2 to disclaim responsibility and/or liability for materials that link to or frame any part of the Website and/or the Database.

12. Privacy Statement

12.1 In the course of your access or use of the Website and/or the Database, we may be required to collect, use, disclose and/or process personal data belonging to you, or that may relate to a third party individual and is provided by you. In this regard, we will collect, use, disclose and/or process such personal data in accordance with our privacy statement which can be found on or through the Website (the “Privacy Statement”).

12.2 Please refer to our Privacy Statement for more details. By accessing, using, downloading, installing and/or accessing any part of the Website and/or the Database, as the case may be, you hereby acknowledge that you have read and understood our Privacy Statement, and that you agree to the terms of the Privacy Statement as may be amended from time to time. The Privacy Statement forms part of these Terms.

12.3 For avoidance of doubt, the personal data belonging to you, or that may relate to a third party individual and is provided by you, may be collected, used, disclosed and/or processed for the purposes set out in the Privacy Statement, including any purposes that may be notified by us to you from time to time.

13. Fees

13.1 There are currently no fees for accessing or using the Website and/or the Database. We reserve the right to introduce new fees from time to time. We are not responsible for any fees charged by any other Internet site, application, software, service, product or otherwise that is not provided by us.

14. Updates

14.1 From time to time, we may issue, release or provide updates/upgrades to, or new versions of, the Website and/or the Database (“Updates”). Such Updates may take place and be implemented automatically, or may require action on your part. Please note that the Website and/or the Database, or any part thereof, may not operate properly or at all if the Updates are not installed or implemented by you. For the avoidance of doubt, we do not guarantee that such Updates will be made available, or that such Updates will continue to be compatible with your existing Device or its operating system.

15. Rights of Third Parties

15.1 Subject to the rights of any relevant Third Party set out in Clause 6.5, a person who is not a party to these Terms shall have no right under the Contract (Rights of Third Parties) Act or otherwise to enforce any of its terms.

16. Assignment

16.1 You may not assign or sub-contract these Terms without our prior written consent.

16.2 We may assign, novate, transfer, or sub-contract the rights and liabilities in respect of the Website and/or the Database and/or these Terms, without notifying you and without further reference to you. Your acceptance of these Terms shall also constitute your consent to such assignment, novation, transfer or sub-contract.

17. Governing Law and Dispute Resolution

17.1 These Terms and the access and use of the Website, the Database, and the Content accessible or available through the Database, shall be governed and construed in accordance with laws of Singapore.

17.2 Subject to Clause 17.3, any dispute arising out of or in connection with these Terms or the access or use of the Website, the Database, and the Content accessible or available through the Database, including any question regarding the existence, validity or termination of these Terms, shall be referred to and finally resolved in the Courts of the Republic of Singapore and you hereby submit to the exclusive jurisdiction of the Courts of the Republic of Singapore.

17.3 We may, at our sole discretion, refer any dispute referred to in Clause 17.2 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:

17.3.1 The seat of the arbitration shall be Singapore.

17.3.2 The tribunal shall consist of one (1) arbitrator to be agreed upon in accordance with the SIAC Rules, save that if no agreement is reached within thirty (30) days after receipt by one party of such a proposal from the other, the arbitrator shall be appointed by the Chairman of the SIAC.

17.3.3 The language of the arbitration shall be English.

17.3.4 All information, pleadings, documents, evidence and all matters relating to the arbitration shall be confidential.

17.4 Where we are the defendant or respondent, we shall have at least 30 days before the commencement of any legal action against us to elect to exercise the right herein to have the dispute submitted to arbitration. This right to elect shall not prejudice our 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 our favour during the said period.

18. Miscellaneous

18.1 Any termination of your Account, and/or your access to or use of the Website and/or the Database under these Terms (howsoever occasioned) shall not affect the coming into force or the continuance in force of any provision hereof 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 invalid or unenforceable, then these Terms, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable provision had never been included.

18.3 No delay in enforcing any provision of these Terms will be construed to be a waiver of any rights under that provision.

18.4 Any notice that we intend to give to you may be carried out by posting such notice on the Website and/or sending such notice to you to any contact information you may have provided us with through your Account or otherwise. You are deemed to have received notice of the same upon us posting and/or sending such notice to you as stated above.

Last updated 08 April 2021

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