TERMS AND CONDITIONS

This agreement ("this Agreement") is entered into between the Intellectual Property Office of Singapore ("IPOS") and the User of [ePayment]. The parties agree as follows:


1. Definition of Terms

1.1

The following words and expressions shall have the following meanings assigned to them, unless the context otherwise requires;

 
1.2

"IPOS" means the Intellectual Property Office of Singapore which is a statutory board under the Ministry of Law;

 
1.3

"Materials" means any data, information, content, images, links, sound, graphics or matter accessible through the System;

 
1.4

"Ministry of Law" means the Ministry of Law of the Government of the Republic of Singapore;

 
1.5

"Services" means the [ePayment] services provided by IPOS through the System;

 
1.6

"System" means the computer system, programming, telecommunication and payment facilities developed on behalf of IPOS or provided by IPOS to facilitate the provision of access to members of the public to the Services;

 
1.7

"User" means any party accessing the Services;

 

2. Interpretation
2.1

Clause headings are inserted for convenience of reference only and shall be ignored in the interpretation of this Agreement.

 
2.2

In this Agreement, unless the context otherwise requires:-

 
  2.2.1

references to Clauses are to be construed as references to clauses of this Agreement;

 
  2.2.2

words importing the plural shall include the singular and vice versa;

 
  2.2.3

words denoting a gender shall include all other genders;

 
  2.2.4

words denoting a person or party shall include an individual, firm, partnership, company, corporation, statutory corporation, unincorporated body of persons or any State or any agency thereof;

 
  2.2.5

a reference to a statute or a regulation also refers to any statute or regulation amending, consolidating or re-enacting the same; and

 
  2.2.6

money references are references to Singapore currency.

 
3. Acceptance
3.1

By using the Services, the User agrees, without limitation or qualification, to be bound by, and to comply with provisions of this Agreement and any other posted guidelines and rules applicable to the Services, as they are updated from time to time. All such guidelines and rules are hereby incorporated by reference into this Agreement.

 
4. Scope of Services
4.1

The Services are available to the User during such hours as may be notified by IPOS.

 
4.2

IPOS reserves the right to modify, enhance, upgrade or withdraw the Services at any time without giving prior notice.

 
5. Terms of Payment
5.1

In consideration of the provision of the Services by IPOS, the User agrees as follows:

 
  5.1.1

The User shall pay IPOS all statutory fees payable in respect of the transactions carried out through the Services.

 
  5.1.2

Subject to the provision of Clause 5.1.3, all fees are due and payable at the time the transaction is made, and must be evidenced by production of a receipt.

 
  5.1.3

IPOS reserves the right to revise fees & charges from time to time; the revised fees and charges shall apply to applications received after the 5th working day from the date of payment.

 
5.2

In respect of payment by eNets Internet Banking and eNets Credit/ Debit Card, if the payment is unsuccessful; the User will have to re-submit the transaction.

 
5.3

In respect of payment by eNets Credit/ Debit Card, where the transaction is discovered to be a fraudulent transaction, the transaction will be abandoned and voided.

 
5.4

Payment of the statutory fees using the Services, in accordance of the terms and conditions of this Agreement, does not mean that the transactions are received and lodged with IPOS. All transactions are subject to the relevant rules and regulations as found in the legislation governing the terms of the transaction as to whether an application has been successfully received and lodged with IPOS.

 
6. Obligations of User
6.1

The User shall -

 
  6.1.1

obtain, install and maintain such suitable equipment and communication line(s) as may be specified by IPOS for the provision of and access to the Services and payment for the Services;

 
  6.1.2

be responsible for all activities and transactions carried out through the Services;

 
  6.1.3

take full advantage of the security mechanisms built into the System;

 
  6.1.4

comply with all notices, directions or instructions as may be given by IPOS from time to time in respect of the use of the Services.

 
6.2

The User shall not -

 
  6.2.1

carry out transactions through the Services other than for the User's own purpose;

 
  6.2.2

use the System for activities different from those for which access is granted;

 
  6.2.3

reveal details of any security mechanism included in the System to any unauthorised person;

 
  6.2.4

test or examine security related to the System;

 
  6.2.5

take any action which might reasonably be construed as likely to affect other Users;

 
  6.2.6

take any action which might reasonably be construed as likely to alter or destroy the data or computer programs or to render them meaningless, useless or ineffective.

 
6.3

Notwithstanding the provisions of Clauses 6.1 and 6.2, the User agrees and undertakes to effect, and not to bypass, all available features relating to security, authentication and integrity provided by the System in all submissions to IPOS via the System, including the affixing of digital signatures and encryption wherever applicable, for but not limited to the purpose of satisfying the provisions of the Electronic Transactions Act and the subsidiary legislation made thereunder.

 
7. Warranty
7.1

Use of the Services and the System is at the User's sole risk. IPOS does not warrant that the use of the Services or the System will be uninterrupted or error-free.

 
7.2

IPOS makes no warranty with respect to, and the User assumes all responsibility for the programs and materials provided by IPOS for access by the User, or any other parties, for the use of the Services.

 
8. Liability
8.1

IPOS shall not be liable to the User or any third party for any damages, loss, costs or expenses or any loss of profit, goodwill or any type of special, indirect or consequential or incidental loss or damage (including but not limited to loss to property or of profit, business, revenue or anticipated savings) suffered by the User or third party as a result of -

 
  (a)

any action brought by the User or a third party arising out of the access, use, or inability to use, the Services or any information therein, even if such loss was reasonably foreseeable, and regardless of whether IPOS has been notified of such damages or claims;

 
  (b)

the reliance on or the use of any materials provided by IPOS via the System or the accuracy, correctness, timeliness and completeness thereof; or

 
  (c)

the quality and performance of the System.

 
8.2

The User shall indemnify and keep IPOS harmless against any damage or claim by any party, which may arise out of or in connection with this Agreement and shall agree to notify such party in writing that IPOS shall have no liability to it. In the event any claim shall be made by such party against IPOS, the User shall take all necessary steps as shall be deemed necessary to enforce its rights, including but not limited to the commencement of legal proceedings against such party to restrain it from bring such claims against IPOS.

 
8.3

IPOS shall not be liable for any loss or damage caused by any alteration of the format or content of a print or display of information retrieved through the System, any system failure, hardware malfunction, manipulation of data, inadequate or faulty transaction, delay or failure to provide access to any User.

 
8.4

The Customer undertakes that it shall not bring any claims, actions or proceedings against the Content Provider whatsoever in respect of any damages, loss, cost and expense arising from the use or reliance of the data, information, content or matter provided by the Content if it breaches the aforesaid undertaking, it shall indemnify and keep harmless IPOS Provider via the System. The Customer agrees that if it breaches the aforesaid undertaking, it shall indemnify and keep harmless IPOS against any damages, loss, cost and expense arising from the aforesaid breach, howsoever caused.

 
9. Suspension of Service
9.1

IPOS may suspend the Services at any time if -

 
  (a)

the User has committed a security violation;

 
  (b)

unpaid fees have been incurred by the User; or

 
  (c)

IPOS deems such suspension necessary for any good and valid reason.

 
10. Assignment
10.1

The User shall not, without the prior written consent of IPOS, assign this Agreement or any part thereof, or any User ID or the password, to any other party.

 
11. Evidence
11.1

The User shall not, in any legal proceedings, challenge the admissibility as evidence or the accuracy of a data log provided by IPOS in whatever form it may be presented.

 
12. Intellectual Property Rights
12.1

IPOS is the sole owner or the authorized licensee of all intellectual property rights in the Services and in the materials accessible through the Services. The User shall not reproduce or redistribute such materials, in whole or in part, in any manner, without the prior written consent of IPOS.

 
13. Severance
13.1

If any provision of this Agreement or part thereof is rendered void, illegal or unenforceable by any law to which it is subject, it shall remain rendered void, illegal or unenforceable to that extent and no further.

 
14. Governing Law and Jurisdiction
14.1

This Agreement shall be deemed to be an agreement made in Singapore and shall be governed by and construed in accordance with the laws of Singapore for every purpose, and the parties hereto hereby submit to the exclusive jurisdiction of the Singapore courts and waives any objection on the ground that the action was brought in an inconvenient forum.

 
15. Amendment
15.1

IPOS reserves the right to amend, add to, delete and/or vary any of the provisions of this Agreement at any time and without prior notice.

 
Copyright © 2005 IPOS. All Rights Reserved.