This agreement ("this Agreement") is entered into between the Intellectual Property Office of
Singapore ("IPOS") and the User of IP2SG. The parties agree as follows:
- "Agreement" means this "Terms and Conditions for the Use of IP2SG".
- "Account" means an account that has been provided by IPOS in connection with the use
- "Account Holder" means the party who has been assigned an Account by IPOS.
- "Agent Administrator" means the party appointed by the Account Holder to manage the Account.
- "Agent Representative" means the party appointed by the Agent Administrator to access the Services and make payment by GIRO on behalf of the Account Holder.
- "IPOS" means the Intellectual Property Office of Singapore which is a statutory board under the Ministry of Law.
- "Materials" means any data, information, content, images, links, sound, graphics or matter accessible through IP2SG.
- "Ministry of Law" means the Ministry of Law of the Government of the Republic of Singapore.
- "Services" means the services provided by IPOS through IP2SG.
- "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.
- "User" means any party accessing the Services and includes the Account Holder, Agent Administrator and Agent Representative.
- "User ID" means the user identification name identifying the Account Holder and entitling the Account Holder to access any of the Services.
Clause headings are inserted for convenience of reference only, and shall not be taken into
consideration in the interpretation of this Agreement.
In this Agreement, unless the context otherwise requires:-
references to Clauses are to be construed as references to clauses of this Agreement;
words importing the plural shall include the singular and vice versa
words denoting a gender shall include all other genders;
words denoting a person or party shall include an individual, firm, company, corporation, statutory corporation, unincorporated body of persons or any State or any agency thereof;
a reference to a statute or a regulation also refers to any statute or regulation amending, consolidating or re-enacting the same; and
money references are references to Singapore currency.
- Acceptance of Agreement by User
In consideration of IPOS permitting the User to use 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.
- Provision of the Services
- The Services are available to the User during such hours as may be notified by IPOS.
- IPOS reserves the right to modify, enhance, upgrade or withdraw the Services at any
time without giving prior notice.
- In consideration of the provision of the Services by IPOS, the User agrees as follows:
- The User shall pay IPOS all statutory fees payable in respect of the
transactions carried out through the Services; and
- All fees are due and payable at the time the transaction is made, except for
PF1, which can be paid within one month from the date of the filing of the
- For non Giro payments:
- Non Giro payments include payment by eNets Debit and eNets Credit.
- In respect of payment by eNets Debit and eNets Credit, if the payment is
unsuccessful, the User will have to re-submit the transaction.
- In respect of payment by eNets Credit, where the transaction is
discovered to be a fraudulent transaction, the transaction will be deemed never made.
- For payment by GIRO:
- If the collection of payment is unsuccessful, the User will be informed of the
unsuccessful collection and requested to make available the funds and/or
make any other arrangements deemed necessary with the bank within
seven (7) days, and the User shall inform IPOS when he has completed the
arrangements with the bank.
- If IPOS does not receive any payment or notification as aforesaid from the
User within twenty one (21) days from the notice of unsuccessful collection,
the transaction will be deemed never made.
- The User shall notify IPOS of any discrepancy in or objection to any charge or
the amount deducted from the User’s bank account pursuant to the
aforesaid within thirty (30) days of such deduction, failing which the amount
charged or deducted shall be conclusively deemed correct and the User shall
not be entitled to dispute the same or bring any action or proceedings against IPOS in respect thereof.
- Where payment of transaction fees is to be made by GIRO, the User shall complete,
sign and furnish to IPOS the Application to Register as Account Holder and the GIRO
Application Form. Payment for any transaction through the Services shall be made
by debiting the requisite funds from the designated bank account indicated in the
GIRO Application Form, unless otherwise determined by IPOS.
- Obligations Of User
- The User shall -
- 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;
- be responsible for all activities and transactions carried out through the Services;
- take full advantage of the security mechanisms built into the System; and
- 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.
- The User shall not –
- carry out transactions through the Services other than for the User’s own purpose;
- use the System for activities different from those for which access is granted;
- reveal details of any security mechanism included in the System to any unauthorised person;
- test or examine security related to the System;
- take any action which might reasonably be construed as likely to affect other Users; and
- 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.
Notwithstanding Clause 6(a) and Clause 6(b), 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.
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.
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.
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 –
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;
the reliance on or the use of any Materials provided by IPOS via the System or the accuracy, correctness, timeliness and completeness
the quality and performance of the System.
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 the access,
use, or inability to use, the Services or any information therein, 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 IPOS deems necessary to indemnify and keep IPOS
harmless against any damage or claim by such party, including but not limited to the commencement of legal proceedings against such party to restrain it from bring such claims against IPOS.
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.
The User undertakes that it shall not bring any claims, actions or proceedings against IPOS whatsoever in respect of any damages, loss,
cost and expense arising from the use or reliance of the data, information, content or matter provided via the System. The User 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.
Notwithstanding any provision in this Agreement to the contrary, in the event IPOS is held liable by the User for any loss, damage, costs
or expenses arising from or in connection with this Agreement for any reason whatsoever and regardless of the cause of action, the liability of
IPOS shall not exceed a sum equivalent to the aggregate of payments for charges for the last three (3) months from the User to IPOS in relation to the Services.
- Force Majeure
- IPOS shall not be liable for any breach of its obligations under this Agreement resulting from causes beyond its control including but not limited to acts of God,
fires, strikes (of own or other employees), insurrection or riots, terrorist attacks, wars and sabotage (an "Event of Force Majeure").
- Suspension Of Service
- IPOS may suspend the User's use of the Services at any time and without notice if –
- the User has committed a security violation;
- unpaid fees have been incurred by the User;
- untrue or inaccurate information has been provided by the User in order to gain access to the Services;
- the User breaches or fails to comply with any terms and conditions of this Agreement; or
- IPOS deems such suspension necessary for any good and valid reason.
- The User shall not, without the prior written consent of IPOS, assign this Agreement or any part thereof, or any User ID or password, to any other party.
- 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.
- Intellectual Property Rights
- 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.
- 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.
- Governing Law And Jurisdiction
- 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.
- 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.